49 



proposed exception to a general restoration would not be insisted 

 on, and they will add, that the objection to the temporary posses- 

 sion by Great Britain of the Passamaquoddy Islands, would be con- 

 siderably lessened by adopting a mode of reference which would 

 insure a speedy and certain decision. 



I^To the stipulation now proposed by the British plenipotentia- 

 ries as a substitute for the last paragraph of the 8th article, the un- 

 dersigned cannot accede. 



The proposition made, respecting the navigation of the Missis- 

 sippi, in the alteration first proposed by the British plenipotentia- 

 ries to that article, was unexpected. In their note of the 31st of 

 October, they had stated, that they had brought forward in their 

 note of the 21st of the same month, all the propositions which they 

 had to offer ; and that subject was not mentioned either in this last 

 mentioned note, or in the first conference to which it referred. In 

 order to obviate any difficulty arising from a presumed connection 

 between that subject and that of the boundary proposed by the 8th 

 article, the undersi2;ned expressed their willingness to omit the ar- 

 ticle altogether. For the purpose of meeting what they believed 

 to be the wishes of the British government, they proposed the in- 

 sertion of an article which should recognise the right of Great Bri- 

 tain to the navigation of that river, and that of the United States to 

 a liberty in certain fisheries, which the British government consi- 

 dered as abrogated by the war. To such an article, which they 

 viewed as merely declaratory, the undersigned had no objection, 

 and have offered to accede. They do not, however, want any 

 new article on either of those subjects : they have offered to be 

 «ilent with regard to both. To the stipulation now proposed, or to 

 any other, abandoning, or implying the abandonment of, any right 

 in the fisheries claimed by the United States, they cannot subscribe. 

 As a stipulation merely, that the parties will hereafter negotiate 

 concerning the subjects in question, it appears also unnecessary. 

 Yet, to an engagement couched in general terms, so as to embrace 

 all the subjects of difference not yet adjusted, or so expressed as to 

 imply in no manner whatever an abandonment of any right claimed 

 by the United States, the undersigned are ready to agree.] 



Since neither of the two additional articles proposed by the Bri- 

 tish plenipotentiaries was included amongst, or is connected with, 

 the subjects previously brought forward by them, it is presumed 

 they are offered only for consideration, as embracing objects of 

 common and equal interest to both parties. The undersigned will 

 accede to the substance of the article to promote the abolition of 

 the slave trade. They cannot admit the other article, which to 

 them, appears unnecessary. The courts of the United States will, 

 without it, be equally open to the claims of British subjects ; and 

 they rely that, without it, the British courts will be equally open to 

 the claims of the citizens of the United States. 



