QUESTION FIVE. 119 



in the presentation of the British contention as to this Question, but 

 the facts, disclosed by the evidence, will be stated without in each 

 instance calling attention to and correcting the errors of statement in 

 the British Case and Counter Case. 



THE " DIFFERENCES " REFERRED TO IN TREATY OF 1818, AND 

 THE MANNER IN WHICH THEY WERE COMPOSED. 



The " differences " arose primarily from the contention on the 

 part of Great Britain with the close of the war of 1812, that the sec- 

 ond clause of Article III of the treaty of 1783 was abrogated by the 

 War of 1812, while the United States claimed for its inhabitants the 

 enjoyment of all the rights and liberties confirmed by the entire 

 Article. 



This renunciatory clause is not found in the treaty of 1783. It 

 was brought forward by the plenipotentiaries on behalf of the United 

 States, and became a part of the treaty of 1818 when the " differ- 

 ences," which had arisen respecting the liberty claimed by the United 

 States for its inhabitants under the treaty of 1783, were adjusted. 



THE TREATY OF 1783. 



The complete understanding of the " differences " to be adjusted 

 manifestly requires an examination of the provisions of the treaty of 

 1783, and a consideration of the respective rights of the two nations 

 under its provisions, and of the respective claims after the War 

 of 1812. 



In the negotiations for the preliminary treaty of 1782, to terminate 

 the War for Independence, which finally became the definitive treaty 

 of 1783, the American Commissioners proposed a series of articles, 

 among which was: 



Thirdly. That the subjects of His Britannic Majesty and people of 

 the said United States shall continue to enjoy unmolested, the rights 

 to take fish of every kind on the banks of Newfoundland, and other 

 places where the inhabitants of both countries used formerly, to-wit : 

 Before the last war between France and Britain, to fish and also to 

 dry and cure the same at the accustomed places, whether belonging 



