108 THE ARGUMENT OF THE UNITED STATES. 



any goods, wares, and merchandise not necessary for the prosecution 

 of the fishery or the support of the fishermen.* 



On the next day, Oct. 7, the American negotiators replied by a 

 note to the proposals of the prior day, and addressing themselves to 

 the stipulations regarding the spreading of nets and having on board 

 dutiable goods stated that 



Their instructions did not anticipate that any new terms or restric- 

 tions would be annexed, as none were suggested in the proposals made 

 by Mr. Bagot to the American Government. The clauses forbidding 

 the spreading of nets, and making vessels liable to confiscation in 

 case any article not wanted for carrying on the fishery should ba 

 found on board, are of that description, and would expose the fisher- 

 men to endless vexations. 6 



The British plenipotentiaries yielded to the view of the American 

 plenipotentiaries, as is shown by the following extract from the 

 letter of October 10 from Mr. Robinson to Viscount Castlereagh: 



I then proceeded to state to them that upon the fishery article, we 

 were not disposed to insist upon the exclusion of those points, the 

 introduction of which they had at our last conference represented to 

 be a sine qua non; and after some discussion it was also agreed on 

 our part not to insist upon the two provisions contained in our pro- 

 posed article respecting the fishing in rivers and smuggling, to 

 which they felt very considerable objections, and which did not 

 appear to me to be of such importance as to require to be urged in a 

 way that might prevent an arrangement upon the fisheries taking 

 place. 6 ' 



Why did the provision against smuggling appear to the British 

 negotiators to be of such slight importance that they abandoned it 

 and the other restrictive provisions noted, as soon as they were 

 objected to? Manifestly because of the uninhabited and uninhab- 

 itable coasts to which the American right of fishing had been con- 

 fined, and the absence of any expectation in the mind of anybody 

 at that time that any such provisions would ever be necessary to 

 protect the British or colonial revenues from the illicit trade by 

 American fishing vessels. The coasts were barren and uninhabited, 

 and it was never expected that they would have any trade to pro- 

 tect or any of the concomitants of maritime commerce such as ports 

 of entry, custom-houses, and light-houses. 



U. S. Case, Appendix, 312^313. British Case, Appendix, 92. 



U. S. Case, Appendix, 314. 



