132 THE ARGUMENT OF THE UNITED STATES. 



The American plenipotentiaries returned an answer to this propo- 

 sition, submitted by the British plenipotentiaries, in a note dated 

 December 14, 1814, and " expressed their willingness to omit the 

 article altogether." 



In a note dated December 22, 1814, the British plenipotentiaries 

 advised the American plenipotentiaries that they would agree to the 

 proposal to omit altogether the article referring to the fisheries and 

 the navigation of the Mississippi River. 



The language of this note of the British plenipotentiaries is 

 significant. 



The undersigned, returning to the declaration made by them at the 

 conference of the 8th of August that the privileges of fishing within 

 the limits of the British sovereignty, and of using the British terri- 

 tories for purposes connected with the fisheries were what Great 

 Britain did not intend to grant without equivalent, are not desirous 

 of introducing any article upon the subject. With a view of remov- 

 ing what they consider as the only objection to the immediate conclu- 

 sion of the treaty, the undersigned agree to adopt the proposal made 

 by the American plenipotentiaries at the conference on the first in- 

 stant, and repeating in their last note of omitting the eighth article 

 altogether. 6 



Therefore, negotiations on this subject were at an end. No ref- 

 erence was made, in the treaty subsequently agreed upon, to the right 

 to navigate the Mississippi or to the fisheries. 



December 24, 1814, the Treaty of Ghent was signed. 



The report of the American Commissioners to Mr. Monroe, Sec- 

 retary of State, was forwarded December 25, 1814. The Commis- 

 sioners reported to their Government the grounds of their refusal to 

 agree to the article referring to future negotiations, access to and navi- 

 gation of the Mississippi 'River, and the liberty to fish "within the 

 exclusive jurisdiction of Great Britain" 



This inability to adjust these "differences" at length led to the 

 negotiations resulting in the treaty of 1818. 



It is of the greatest importance that it be clearly understood that 

 the " differences " remaining unadjusted in so far as they appertained 

 to the fisheries were as to whether or not a new stipulation " was nec- 

 essary to secure to the people of the United States the liberty to fish 

 and to dry and cure fish vrithin the exclusive jurisdiction of Great 

 Britain" 



TJ. S. Case, 19; Appendix, 255. 

 6 U. S. Case, 20 ; Appendix, 256. 

 U. S. Case, 21 ; Appendix, 258. 



