58 CASE OF THE UNITED STATES. 



territories, as above described; and it is agreed, on the part of the 

 United States, that the fishermen of the United States resorting to 

 the mouths of such rivers shall not obstruct the navigation thereof, 

 nor wilfully injure nor destroy the fish within the same, either by 

 setting nets across the mouths of such rivers, or by any other means 

 whatever. 



His Britannic Majesty further agrees that the vessels of the United 

 States, hona fide engaged in such fishery, shall have liberty to enter 

 the bays, and harbors of any of His Britannic Majesty's dominions 

 in North America, for the purpose of shelter, or of repairing damages 

 therein, and of purchasing wood and obtaining water, and for no 

 other purpose ; and all vessels so resorting to the said bays, and har- 

 bors shall be under such restrictions as maj^ be necessary to prevent 

 their taking, drying, or curing fish therein. 



It is further well understood that the liberty of taking, drying, 

 and curing fish, granted in the preceding part of this article, shall 

 not be construed to extend to any privilege of carrying on trade 

 with any of His Britannic Majesty's subjects residing within the 

 limits hereinbefore assigned for the use of the fishermen of the United 

 States, for any of the purposes aforesaid. 



And in order the more effectually to guard against smuggling, it 

 shall not be lawful for the vessels of the United States, engaged in 

 the said fishery, to have on board any goods, wares, or merchandise 

 whatever, except such as may be necessary for the prosecution of the 

 fishery, or the support of the fishermen whilst engaged therein or in 

 the prosecution of their voyages to and from the said fishing grounds. 

 And any vessel of the United States which shall contravene this 

 regulation may be seized, condemned, and confiscated, together with 

 her cargo.** 



The objections raised by the American Plenipotentiaries to the 

 British counter proposal were as follows : 



Mr. Gallatin and Mr. Rush present their compliments to Mr. 

 Eobinson and Mr. Goulburn, and beg leave to send them the en- 

 closed paper containing some remarks on the articles handed to them 

 at the conference 3'esterday. They are to be considered as unofficial, 

 according to the intimation given yesterday, when they were prom- 

 ised, and have been drawn up merely under the hope that, by possess- 

 ing the British plenipotentiaries of some of the views of the Ameri- 

 can plenipotentiaries before the next meeting on the 9th, the progress 

 of the negotiation may be accelerated. 



Fisheries. 



The American plenipotentiaries are not authorized by their instruc- 

 tions to assent to any article on that subject which shall not secure 

 to the inhabitants of the United States the liberty of taking fish of 

 every kind on the southern coast of Newfoundland, from Cape Ray 

 to the Ramea islands, and on the coasts, bays, harbors, and creeks 

 from Mount Joli, on the southern coast of Labrador, to and through 

 the straits of Belleisle, and thence northwardly, indefinitely, along 

 the coast ; and, also, the liberty of drying and curing fish in any of 



"Appendix, p. 312. 



