168 



that its object apparently was to exclude us from the whole of the 

 Newfoundland, Gulf of St. Lawrence, and Labrador fisheries. Mr. 

 Russell has not ventured to coptest this position ; nor could he 

 have contested it with success. The notification, as entered upon 

 the protocol of conference of 8th August, 1814, made up jointly 

 by both parties, was as follows ; 



*' The British commissioners requested information, whether 

 " the American commissioners were instructed to enter into nego- 

 '* tiation on the above points ? But before they desired any answer, 

 ■•' they felt it right to communicate the intentions of their govern- 

 " ment as to the North Jimerican fisheries, V\z. That the British 

 *' government did not intend to grant to the United States, gratu- 

 *' itousiy, the privileges formerly granted by treaty to them, of 

 *\fishing -within the limits of the British sovereig?iiy, and of using 

 " the shores of the British territories for purposes connected with 

 *' the lisheries." Wait's State Papers, vol. 9, p. 330. 



The remark upon it, made by the American mission, in their 

 letter to the Secretary of State of 12th August, 1814, was this : 



'* The extent of what was considered by them as waters pecu- 

 "' liarly British, was not stated. From the manner in which they 

 "' brought this subject into view, they seemed to wish us to under- 

 " stand, that they were not anxious that it should be discussed, and 

 " that they only intended to give us notice, that these privileges 

 *' had ceased to exist, and would not be again granted without aa 

 ** equivalent, nor unless we thought proper to provide expressly in 

 " the treaty of peace for their renewal." Ibid, p. S21. 



And what were the limits of British sovereignty, as to the North 

 American lisheries ? Ask the Abbe Raynal. 



" According to natural right, the fishery upon the great bank 

 " oifght to have been common to all mankind ; notwithstanding 

 " which, the two powers that had formed colonies in North Ame- 

 " rica, have made very little difficulty of appropriating it to them- 

 " selves. Spain, who alone could have any claim to it, and who, 

 ** from the number of her monks, might have pleaded the necessi- 

 " ty of asserting it, entirely gave up the matter at the last peace, 

 '* since which time the English and French are the only nations 

 ** that frequent these latitudes." RaynaVs History ^ book 17. 



Ask the commentator on the marine ordinance of Louis XIV, 

 Valin. After assigning soundings, as the extent of sovereign juris- 

 diction, upon the sea, in regard to fisheries, he says : 



*' As to the right of fishing upon the Bank of Newfoundland, as 

 " that island, which is as it were, the seat of this fishery, then be- 

 " longed to France, it was so held by the French, that other nations 

 " could naturally fish there only by virtue of the treaties. This 

 ** has since changed, by means of the cession of the Island of New- 

 ** foundland, made to the English, by the treaty of Utrecht; but 

 " Louis XIV, at the lime of that cession, made an express reserva» 



