18 CASE OF THE UNITED STATES. 



land or inland navigation, into the aforesaid territories of the United 

 States to the Kiver Mississippi with their goods, effects and mer- 

 chandise, and that His Britannic Majestj^'s subjects shall have and 

 enjoy the free navigation of the said river.'* 



So far as it concerns the location of the boundary the form of 

 the article is of no particular importance in the present connection, 

 but it will be observed that as a condition for agreeing upon it even 

 in the form which had been acceptable to tliem in 1807, Great 

 Britain insisted upon coupling with it a clause providing, among 

 other things, for continuing the British right to navigate the Missis- 

 sippi Eiver, although it was then known that this river did not 

 extend into British territory. The American Plenipotentiaries were 

 unwilling to recognize the necessity, which this would have implied, 

 of renewing by special provision in this treaty a right established 

 by the treaty of 1783, unless at the same time the continuation of 

 the American fishing rights under that treaty was also provided for, 

 and in response to the suggestion of the British Plenipotentiaries, 

 they proposed as an amendment, at the conference of December 1, 

 1814, the following : 



The inhabitants of the United States shall continue to enjoy the 

 liberty to take, dry, and cure fish in places within the exclusive juris- 

 diction of Great Britain, as secured by the former treaty of peace; 

 and the navigation of the river Mississippi within the exclusive 

 jurisdiction of the United States shall remain free and open to the 

 subjects of Great Britain, in the manner secured by the said treaty; 

 and it is further agreed, that the subjects of His Britannic Majesty 

 shall, at all times, have access from such place as may be selected for 

 that purpose in His Britannic Majesty's aforesaid territories, west, 

 and within three hundred miles of the Lake of the Woods, in the 

 aforesaid territories of the United States, to the river Mississippi, in 

 order to enjoy the benefit of the navigation of that river with their 

 goods, effects and merchandise, whose importations into the said 

 States shall not be entirely prohibited, on the payment of the same 

 duties as would be payable on the importation of the same into the 

 Atlantic ports of the said States, and on conforming with the usual 

 custom-house regulations.^ 



In proposing this amendment the American Plenipotentiaries, as 

 stated in the protocol of this conference, also intimated their willing- 

 ness to omit Article VHI altogether if that course should appear 

 more advisable to the British Plenipotentiaries.*' 



The next step in the negotiations is reported in the protocol of the 

 conference which was held on December 10th, as follows : 



"Appendix, p. 251. ^Appendix, p. 253. •'Appendix, p. 254. 



