22 ARGUMENT OF GREAT BRITAIN. 



were entitled to a more than ordinary share of protection ; that it was 

 usual to spare and exempt them even from the most exasperated 



25 conflicts of national hostility; that this nation had, for ages, 

 permitted the fishermen of another country to frequent and fish 



upon the coasts of this island, without interrupting them, even in 

 times of ordinary war; that the resort of American fishermen to the 

 barren, uninhabited, and, for the great part, uninhabitable rocks on 

 the coasts of Nova Scotia, the Gulf of St. Lawrence, and Labrador, to 

 use them occasionally for the only purposes of utility of which they 

 are susceptible, if it must, in its nature, subject British fishermen 

 on the same coasts to the partial inconvenience of a fair competi- 

 tion, yet produces, in its result, advantages to other British interests 

 equally entitled to the regard and fostering care of their Sovereign. 

 By attributing to motives derived from such sources as these the 

 recognition of these liberties by His Majesty's Government in the 

 treaty of 1783, it would be traced to an origin certainly more con- 

 formable to the fact, and surely more honourable to Great Britain, 

 than by ascribing it to the improvident grant of an unrequited 

 privilege, or to a concession extorted from the humiliating compliance 

 of necessity." (British Case, App., p. 68.) 



In reply, Lord Bathurst said : 



" His Majesty's Government have not failed to give to the argu- 

 ment contained in the letter of the 25th ultimo a candid and delib- 

 erate consideration; and, although they are compelled to resist the 

 claim of the United States, when thus brought forward as a question 

 of right, they feel every disposition to afford to the citizens of those 

 States all the liberties and privileges connected with the fisheries 

 which can consist with the just rights and interests of Great Britain, 

 and secure His Majesty's subjects from those undue molestations in 

 their fisheries which they have formerly experienced from citizens of 

 the United States. (British Case, App., p. 69.) 



******* 



" But, though Great Britain can never admit the claim of the 

 United States to enjoy those liberties^ with respect to the fisheries, as 

 matter of right, she is by no means insensible to some of those con- 

 siderations with which the letter of the American Minister concludes. 



"Although His Majesty's Government cannot admit that the claim 

 of the American fishermen to nYi within British jurisdiction, and to 

 use the British territory for purposes connected with their fishery, 

 is analogous to the indulgence which has been granted to enemy's 

 subjects engaged in fishing on the high seas, for the purpose of con- 

 veying fresh fish to market, yet they do feel that the enjoyment of 

 the liberties, formerly used by the inhabitants of the United States, 

 may be very conducive to their national and individual prosperity, 

 though they should be placed under some modifications; and this 

 feeling operates most forcibly in favour of concession." (British 

 Case, App., p. 71.) 



No arrangement was at that time made, and the next nego- 



26 tiations took place at Washington between Mr. Bagot (British 

 Minister to the United States) and Mr. Monroe (United States 



Secretary of State). The basis of this negotiation is sufficiently 



