Lord Bathurst to the Commissioners at Ghent. FOREIGN OFFICE, December 19, 1814. MY LORD AND GENTLEMEN: I had this morning the honor of receiving your despatch of the 14th, enclosing the note presented on that day by the Commissioners of the United States, and desiring instructions thereupon. With regard to the alteration proposed in the 1st article, whereby the occupation of the islands in Passamaquoddy Bay may be reserved to us, there is no objection to the proposition contained in the American note, except so far as relates to the surrender of such islands to the United States, if no decision shall have been agreed upon, within a given number of years. This stipulation might give to the United States an interest to postpone any discussion on the subject. There would be no objection to a stipulation by which it should be provided that the right to the islands in Passamaquoddy Bay should be that point of reference on which the Commissioners should be required first to consider and decide. With respect to the discussion which has grown out of the latter part of the 8th article, the Prince Regent regrets to find that there does not appear any prospect of being able to arrive at such an arrangement with regard to the fisheries as would have the effect of coming to a full and satisfactory explanation on that subject. As this appears, however, now to be the only remaining point on which any difficulty exists, he is unwilling to protract by a prolongation of the discussion, the period when the war between His Majesty and the United States may be happily terminated. You will therefore present a note, in which, after referring to the language held by you on this subject from the very commencement of the negotiation, in which you stated explicitly that the British Commissioners did not intend to grant gratuitously to the United States the privileges formerly by treaty to them of fishing within the limits of the British sovereignty, and of using the shores of the British territories for purposes connected with fisheries, you will state that, as there does not appear any prospect of agreeing upon an article wherein that question may be satisfactorily adjusted, you are authorised to accept the proposition which the Commissioners of the United States proposed in the protocol of the 1st December, wherein they expressed their readiness to omit the 8th article altogether. It will not be necessary for you to insist on the article entitled, "An Article relative to the Right of Prosecuting Suits in the Courts of Justice," as we rely upon the Courts of Justice being open in the United States, by which the just claims of British subjects may be fairly prosecuted. I am, &c. 1361 BATHURST. NOTES FROM LETTERS AND DESPATCHES OF LORD CASTLEREAGH, The Hon. Charles Bagot to Lord Castlereagh. WASHINGTON, August 11, 1816. MY DEAR LORD, I am much disappointed in not being able to acquaint you by this packet that I have already concluded the convention on the subject of the fisheries-but the fault is in the Govern ment, or rather the no-Government of this country, for it can scarcely be said that a Government exists here during the summer months. Immediately after I received your Lordship's instructions I requested an interview with Mr. Monroe, at which, after a long conversation upon the subject, I brought forward the first proposition contained in Lord Melville's letter to your Lordship, which allots to the use of the United States such part of the southern coast of Labrador as lies between Mount Joli and the Esquimaux Islands. Mr. Monroe told me that if he could procure in Washington any circumstantial information respecting the proposed coast, he should be able to proceed immediately in the business; but on the following day I received a note from him stating that he had been under the necessity of writing to the Secretary of the Navy, then at Salem, beyond Boston, for the information which he required. After repeated interviews with Mr. Monroe, he told me that he imagined that the Secretary of the Navy had sent to have the coast in question examined, and Mr. Monroe himself then went into the country, from whence he only returned yesterday. I immediately waited upon him, when he told me that the tract of coast which I had proposed had several settlements upon it; and, though convenient in point of position, it appeared to the persons who had examined it to want many of the requisite advantages. He then expressed his wish that an allotment should be given up on the eastern coast of Labrador, above the Straits of Belleisle. I told him that I could save much useless discussion upon that point by assuring him that there were insuperable objections to granting any part of that coast; but that, if the one proposed was really unsuitable, I would not disguise from him that I was authorised to offer part of another coast, which unquestionably afforded every convenience which the United States could require. I accordingly offered the second proposition, which gives the unsettled part of the southern coast of Newfoundland, from Cape Ray to the Ramen Islands. This is the state of the business at this moment, and I expect that, in a few days, we shall come to some final agreement upon the subject; but I have already detained the packet so long, in waiting for Mr. Monroe's return to Washington, that I do not think it right to delay it any longer. From the manner in which Mr. Monroe received the second proposition, I entertain hopes that it will be accepted, and that I shall be able to annex to the acception an express abandonment of all pretensions to fish or dry on any other of the coasts of British North America at all events, that I shall not be under the necessity of yielding the two propositions, which your Lordship may be assured that I shall not do, excepting in the very last resort. By a letter which I have received from Admiral Griffith, I learnt that he had already given orders for the seizure of all American vessels found fishing within our limits; but I wrote to him on the 6th of last month (the day after I had first seen Mr. Monroe upon this business), requesting that he would abstain as much as possible from taking any steps which might, at the present moment, embarrass the negotiation, which I confidentially acquainted him was then on foot. CHARLES BAGOT. I have, &c. The Hon. Charles Bagot to Lord Castlereagh. WASHINGTON, November 10, 1816. MY DEAR LORD, I am again disappointed in not being able to acquaint you with this packet that the convention respecting the fisheries has been concluded. Immediately on my return to Washington, on the 14th of last month, I called upon Mr. Monroe, who had arrived a few days previously, to inquire whether he had yet received the information which he had been so long expecting, in regard to the portions of coast which I had offered for the purpose of the American fishery, and whether he was then prepared to proceed with the convention. He told me that he had received a great mass of information, and, he believed, nearly all that was requisite on the subject, but that he had had so little time to examine it that it would not be possible for him to go then into the question; but he assured me that, before the meeting of Congress, the 2nd December, he would acquaint me positively whether it was the intention of the President that the business should be proceeded in, or whether the offer which I had made would be rejected. I have as yet only offered the choice of one of the two proposed coasts; but I begin to suspect that Mr. Monroe is alarmed at the idea of accepting any proposal by which the pretension of right which has been made must be for ever renounced. I shall certainly know the determination of the Government in the course of this month. In the despatches which I have sent home by this packet, 1362 your Lordship will see the course which has been taken by this Government in regard to that abominable proceeding of Captain Warrington's. In the note which I have returned to that of Mr. Monroe, enclosing the Report of the Court of Inquiry, I have endeavoured to show how little satisfactory such a report is, but have tried to lay the ground for abandoning or reserving the business, as your Lordship may direct. I have, &c. CHARLES BAgot. APPENDIX (B). NOTE ON REGULATIONS REFERRED TO BY SIR WILLIAM ROBSON, JULY 25, 1910. Before 1783. Newfoundland. (Br. App., 689. 1611.) Orders issued by John Guy (Governor), binding "all persons of what nation soever." (1.) No ballast to be thrown out to the prejudice of the harbours. (2.) No harm to be done to any stages, cook-rooms, flakes, &c. (3.) Admirals of each harbour to take such beach or flakes as are necessary for his boats with overplus only for one boat more than he hath, and every other person to content himself with what he shall have necessary use for. (4.) No person to change marks of boats. (5.) No person to convert to his own use boats of others, except in cases of necessity and on notice to admiral. (6.) No person to set fire in any woods. (7.) No person to destroy any stage, &c. [These shew regulations as to the use of shore in relation to drying and curing fish.] Instructions to John Treworgie (Commissioner for Administration of Affairs of the Commonwealth in Newfoundland) from the Council. (Br. App., 511. 1653.) (1.) Take care for the Government and the fishery according to annexed laws. (2.) Collect fish dues from strangers. 3.) Secure fishery from any disturbance or interruption-power to order vessels to keep together or otherwise dispose of themselves for common safety. Annexed laws. (1.) No ballast to be thrown out to prejudice of harbours, but to be carried ashore where it does not do any annoyance. (2.) No person to damage any stage cook-room, &c. To be content with such stages as may be necessary. (3.) According to ancient custom the first to arrive to be admiral of harbour-same regulations as to reserving beach and flakes as in 1611 order. Those who have occupied several places to notify which they will choose. (4.) No defacement of marks of boats, and no one to use other person's boat or "train fats" without consent, nor to remove them except in case of necessity and on notice to admiral and others. (5.) No one to steal any fish, train, salt, &c. (6.) No one to set fire to woods or to damage trees by rinding except for covering of cook-rooms. (7.) No one to hinder hauling of seines for bait in usual places. (9.) No taverns. (10.) Limits stage room occupied by any planter. (13.) The company to assemble on Lord's Day for worship. [These were regulations for fishing and for drying and curing on shore.] Star Chamber rules. (Br. App., 512. 1660.) 15 Chas. II, cap. 16. (Br. App., 517. 1663.) (7.) No person to lay any net in or near any harbour to catch spawn or young fry of Poor John, or for any other use except for taking of bait. [Regulates fishing]. Order in Council for regulating fishing trade in Newfoundland. (Br. App., 518. 1670.) 1. Subjects of His Majesty's Kingdom of England for ever to have freedom of taking bait and fishing in any of the . . . . har bours or roads in or near Newfoundland, with liberty to land 1363 for curing, salting, and drying of fish and for cutting of wood for stages, rooms, &c., provided they submit to any present and future regulations. 2. No alien to take bait or fish between Cape Race and Cape Bona Vista. 4. No planter to occupy stages, beach, &c., before English fishermen are provided for. 9. No fishing vessel to leave England before the 1st March. 11. No captain to use any stage in any port, harbour or bay between Cape Race and Cape Bona Vista with less than 25 men all of one company. 13. Admirals to see to preservation of peace and good order and the execution of His Majesty's rules for regulation of the fishery. 15. No fishermen to remain after end of October. 10 & 11 Wm. III, cap. 25. (Br. App., 525. 1699.) 1. All His Majesty's subjects residing in England or the dominions thereunto belonging to have, use, and enjoy the free trade and are of merchandise and fishery, the freedom of taking bait and fishing in any of the ... creeks, harbours, or roads in or near Newfoundland and the said areas, and liberty to land for curing fish and to cut down trees for making stages, &c.; and no alien (not residing in England, Wales, or Berwick) to take bait or fish in Newfoundland. 2. Repeats provisions against throwing ballast into harbours. 3. Same provisions against destroying stages, &c. 4. Provisions as to admirals, and against taking more of the beach or stages than necessary-admirals to settle differences. 12. No rinding of trees after 25th March; no setting fire to woods. No person after the 25th March to hinder hauling of seines in customary baiting places, or to shoot his seine in or upon any other seines. 14. Admirals to see to enforcement of regulations contained in the Act. 16. Sunday to be strictly observed. Regulations by Hugh Palliser (governor). (Br. App., 690. 1765.) 1. No colonist (except whale fishers) to go to Labrador. 2. No person to resort to Labrador to fish or trade except ship fishers from His Majesty's dominions in Europe. |