54 CASE OF THE UNITED STATES. 



part of the Coast of Xewfounclland hereabove described, and of the 

 Coast of Labrador; but so soon as the same, or any Portion thereof, 

 shall be settled, it shall not be lawful for the said Fishermen to 

 dry or cure Fish at such Portion so settled, without previous agree- 

 ment for such purpose with the Inhabitants, Proprietors, or Pos- 

 sessors of the ground. — And the United States hereby renounce for- 

 ever, any Liberty heretofore enjoyed or claimed by the Inhabitants 

 thereof, to take, dry, or cure Fish on, or within three marine Miles 

 of any of the Coasts, Bays, Creeks, or Harbours of His Britannic 

 Majesty's Dominions in America not included within the above men- 

 tioned limits; provided, however, that the American Fishermen shall 

 be admitted to enter such Bays or Harbours for the purpose of Shel- 

 ter and of repairing Damages therein, of purchasing Wood, and of 

 obtaining Water, and for no other purpose whatever. But they shall 

 be under such Restrictions as may be necessary to prevent their 

 taking, drjdng or curing Fish therein, or in any other manner what- 

 ever abusing the Privileges hereby reserved to them.*^ 



Before reviewing the course of these negotiations, and in order that 

 they may be clearly understood, attention is called at this point to the 

 report made by Messrs. Gallatin and Rush to Mr. Adams on the same 

 day that the treaty was signed, which states the position taken by 

 them with respect to the various proposals exchanged with regard to 

 the fisheries, and shows clearly the purpose and meaning of the fishery 

 article as finally agreed upon in the treaty. This report is as follows, 

 so far as it relates to the subject of the fisheries: 



We have the honor to transmit a convention which we concluded 

 this dsLj with the British plenipotentiaries. 



Lord Castlereagh having expressed a wish that the negotiations 

 might be opened before his departure for Aix-la-Chapelle, Mr. Galla- 

 tin left Paris as soon as he had received our full powers, and arrived 

 here on the 16th of August. Our joint instructions contained in your 

 despatch of the 28th of July did not, however, reach us till the 3d 

 of September. We had long conversations with Lord Castlereagh at 

 his country seat, on the 22nd and 23d of August, but could not, owing 

 to our instructions not having arrived, discuss with him the question of 

 the fisheries and of the West India intercourse. He left London on 

 the 1st of September. The official conferences had begun on the 27th 

 of August, and, for the progress of the negotiation, we beg leave to 

 refer to the enclosed copies of the protocol, and documents annexed 

 to it, and of two unofficial notes sent by us to the British plenipoten- 

 tiaries. We will add some observations on the several objects em- 

 braced by the convention. 



1. Fisheries. 



We succeeded in securing, besides the rights of taking and curing 

 fish within the limits designated by our instructions, as a sine qua 

 non, the liberty of fishing on the coasts of the Magdalen islands, and 



<» Appendix, p. 25. 



