"A liberty was recognised by the treaty of 1783, for the inha bitants of the United States to prosecute the fisheries on the coasts of British North America, with the exception of the island of Newfoundland, not only where the parties had been accustomed to use them, but where British fishermen not only did but might thereafter (that is subsequently to the date of the treaty) prosecute them, and this right, for it had now become a right of liberty or use, demanded by the one party and admitted and acknowledged by the other, was wholly without limits as to its duration, and could then only cease or the limitation take effect on the happening of one of three events, that is, the surrender of the party possessing the right and the annulment of the treaty which confirmed it, or by an usurped and unjustifiable exercise of power on the one part in defiance of the rights of the other, and in violation of those common principles of good faith which can alone regulate the intercourse between nations; but the surrender of the right has not been made by the United States, and the treaty of 1783 has not been annihilated by the existence of the war, because the parties have not only not agreed to abrogate it, but have expressly referred to it, and in the treaty of Ghent made a provision to carry the stipulations as to boundaries of the treaty of 1783, more fully and completely into effect: now it being an uncontroverted principle of the law of evidence, that the whole must be admitted if a part is received, unless some reciprocal and mutual agreement exists to the contrary, and as no such stipulation does exist in the present case, the treaty of 1783, is, as I should contend, even by the showing of the British commissioners themselves, still in existence, with all the rights and liberties incident to it, with the full and free use to the inhabitants of the United States of the fisheries, as formerly recognised and secured to the United States by that treaty. "This is the construction, whether to be supported on this ground or any other, which I hope the government of our country will maintain. It is a right most highly important to the eastern section, and, indeed, to the present and future naval and commercial power of the United States; and should the British ministry or the colonial authorities attempt to interdict this fishery, as I think they now will, to the inhabitants of the United States, the government ought, and I trust will, take the most prompt and effectual measures to obtain and enforce a renewal or recognition of this right as it has heretofore existed. It is a gem which should never be surrendered, nor can it ever be abandoned by any statesman, alive to the interests of his country: compared in its consequences with a free right of navigating the Mississippi, it is even a much more unequal stake than would be "six French rapiers imponed against six Barbary horses."

"The right of navigating the Mississippi, since the acquisition of Louisiana and the possession of both sides of the river by the United States, and when the difficulties of the ascending navigation are considered, and the jealousy and inconvenience which the

subjects of Great Britain must experience from attempting to avail of it, can be of little value to her, except as in its higher branches and on the Missouri, it may facilitate the prosecution of the fur trade. This trade, however, although it employs a large number of persons, never has been very important to the nation, and must from the operation of unavoidable causes, gradually lessen, and in the course of a few years probably recede altogether from the great rivers. She has, therefore, notwithstanding the opinion of two of the American commissioners and her own probable pretensions of fairness given up nothing in point of value compared with the fisheries, which, upon the same ground, she is undoubtedly desirous of fortifying herself in withholding.

"In compliance with the intimation you had given me, I have commented on this subject at much greater length even than I had contemplated at the outset, perhaps, too minutely when I recollect that a part of it at least must be much better understood at Quincy than by myself, but the account of the recent state of these fisheries and the mode in which they were prosecuted, I thought might not be unacceptable to you. My information with regard to them, has in general been derived from respectable sources upon which I can rely, never having had any direct interest or concern in the fisheries myself. I have not attempted to apply the principles of public law to the question respecting them, because the few books of this description which I possess, are still at Washington; and since the rising of the council, I have not had time to make any research elsewhere, and because I presume this part of the business will be placed under the hands of those who will have both the means and the ability to do it ample justice.

"I had intended also in reference to the treaty of 1814, to have made some few remarks upon the interdiction it may occasion, of a trade between the United States and the British ports in India, and on its operation upon the contested boundary on our North Eastern frontier, so far as regards the right of possession to the Islands of Dudley, Moose, and Frederick, in the Bay of Passamaquoddy. I have, however, already so unduly trespassed on your patience, that I will only not omit them altogether. Both these objects attach to them some importance, but compared in point of value with the possession of the fisheries, perhaps in a ratio not much greater than the bullion in the mint at Philadelphia would be to the ore in the mines of Peru.

"Feeling persuaded that in avowing the hope that all these objects may be disposed of in such a manner as best to confirm the rights and secure the interests of the United States, I shall unite fully in sentiment with yourself.

"I have the honour to remain, sir, with great consideration, your very respectful and obedient servant,

“JAMES LLOYD.”

The following letter from a very respectable merchant, concerned himself in the fisheries, contains further interesting details

Boston, May 20th, 1815.

"Dear sir: Argeeably to your request to me, I have endeavour'ed to obtain every information in my power relative to our fisheries in this and the neighbouring States, with their tonnage, number of men employed, quantity of fish caught, quantity of salt used, and the probable price they averaged at foreign markets. As I was not acquainted with this business before our revolutionary war, I shall endeavour to give you a statement from the year 1790 to 1810; to some my account may appear large or much exaggerated; but I have conversed with several gentlemen who have been largely concerned in the business, and two of them took much pains to ascertain the number, etc. some time since; and I find they go far beyond me; but I shall endeavour to give you as correct a statement as I can, and wish it may prove satisfactory to you. "Your humble servant."

"My calculation is, that there were employed in the Bank, Labrador, and Bay fisheries, the years above mentioned, 1232 vessels yearly, viz. 584 to the Banks, and 648 to the Bay and Labrador. I think the 584 Bankers may be put down 36,540 tons, navigated by 4,627 men and boys, (each vessel carrying one boy,) they take and cure, annually, 510,700 quintals of fish; they average about three fares a year, consume, annually, 81,170 hhds. salt, the average cost of these vessels is about $2,000 each; the average price of these fish at foreign markets is $6 per quintal; these vessels also make from their fish, annually, 17,520 barrels of oil, which commands about $10 per barrel, their equipments cost about $900, annually, exclusive of salt.

"The 648 vessels that fish at the Labrador and Bay, I put down 48,600 tons, navigated by 5,832 men and boys; they take and cure, annually, 648,000 quintals of fish; they go but one fare a year; consume, annually, 97,200 hhds. of salt. The average cost of these vessels is about $ 1600; the cost of their equipments, provisions, etc. is 1050 dollars: those descriptions of vessels are not so valuable as the bankers, more particularly those that go from the Dis. trict of Maine, Connecticut, and Rhode-Island, as they are mostly sloops of no very great value; most of these vessels cure a part of their fish where they catch them, on the beach, rocks, etc. and the rest after they return home; several cargoes of dry fish are shipped yearly from the Labrador direct for Europe. The usual markets for those fish are in the Mediterranean, say Alicant, Leghorn, Naples, Marseilles, etc. as those markets prefer small fish, and the greatest part of the fish caught up the bay and Labrador are very small. The average price of these fish at the market they are disposed of is $5; these vessels also make from their fish

about 20,000 bbls. of oil, which always meets a ready sale and at handsome prices, say from $8 to $12 per barrel, the most of it is consumed in the United States.

"1232 vessels employed in the Bank, Bay, and Labrador fisheries, measuring Tons, 85,140 Number of men they are navigated by, Number of hhds. salt they consume, Quantity of fish they take and cure, Barrels of oil they make,

10,459 178,370 hhds. 1,158,700 quintals. 37,520 barrels.

"There are also a description of vessels called jiggers or small schooners of about from 30 to 45 tons that fish in the South Channel, on the Shoals and Cape Sables, their number 300, they carry about 4 or 5 hands, say 1200 men, and take about 75,000 qtls. of fish, annually; consume 12,000 hhds. of salt, and make about 4,000 barrels of oil; their fish is generally sold for the West Indies and home consumption.

"There are another description of fishing vessels commonly called Chebacco Boats or Pink Sterns; their number 600; they are from 10 to 28 tons, and carry two men and one boy each, say 1,800 hands; they consume 15,000 hhds. of salt, and take and cure 120,000 quintals of fish, annually. These fish also are wholly used for home and West India market, except the very first they take early in the spring, which are very nice indeed, and are sent to the Bilbao market, in Spain, where they always bring a great price; they make 9,000 barrels of oil; these vessels measure about 10,800 tons.

"There are also about 200 schooners employed in the mackerel fishery, measuring 8,000 tons, they carry 1,600 men and boys, they take 50,000 barrels, annually, and consume 6,000 hhds salt.

"The alewive, shad, salmon, and herring fishery is also immense, and consumes a great quantity of salt.

"Whole number of fishing vessels of all descriptions 2,332

Measuring

Number of men navigated by,

Salt they consume,

Tons, 115,940

Quantity of fish they take and cure,

Number of barrels of oil,

Number of barrels of mackerel,

15,059 265,370 hhds.

1,353,700 quintals.

50,520 barrels.

50,000 barrels,

"There are many gentlemen assert, and roundly too, that one year there were at the Labrador and Bay, over 1,700 sail beside the bankers; but I feel very confident they are much mistaken, it is impossible it can be correct."

These papers will suffice to show what reliance is to be placed on that information concerning the value of the fishing liberties, as they had been enjoyed by the people of the United States from the peace of 1783, to the war of 1812, which Mr. Russell in his letter from Paris, of 11th February, 1815, says is the best infor mation he can obtain; but which, in the duplicate of 1822, he di

lates into the best information which he and his colleagues at Ghent could obtain, and thus represents as the information upon which they as well as he had acted. It may be proper to refer also to documents, showing, 1. The extent of the interest in the fisheries of which the British government intended at the negotiation of Ghent, to obtain from the United States the tacit or implied surrender. 2. The value of this interest as estimated, by British authorities.

The instructions from the Secretary of State to the American commissioners at Ghent, commanding them in no event to surrender the fisheries, but if such surrender should be insisted on to break off the negotiation, were dated the 24th of June, 1814. By a singular and fortunate coincidence of events they were received on the evening of the 8th of August, the very day upon which the British plenipotentiaries had notified to us the intentions of their government not to grant the liberties in the North American fisheries, which, as they stated, had been granted by the treaty of 1783.

In the 6th volume of Nile's Register, p. 239, under date of the 11th of June, 1814, there is a memorial of the merchants and principal resident inhabitants interested in the trade and fisheries of Newfoundland, to admiral Keats, who had been some time governor of that island, and was then about returning to England. It was dated 8th November, 1813, and in the Register was preceded by the following remarks, which serve to indicate the popular feeling of the time.

From Niles's Register of 11th June, 1814.-The Fisheries.

"The following memorial has excited considerable interest, particularly in the eastern States, so far as we have heard of its promulgation, I cannot doubt, from the high ground assumed by Great Britain since her victories on the continent, but that she will attempt to exclude us from the fisheries as the grand nursery of her seamen, etc. This opinion is strengthened by hosts of "Extracts of Letters from England." Let those who have calculated on the magnanimity" of Great Britain look to it; those who have expected nothing of her justice" are blessed for they shall not be disappointed."

"The Boston Centinel says this memorial is alarmingly interesting. It was borne to England by admiral Keats, the late governor of Newfoundland, who has promised to give it his support."

"No peace without the fisheries" has begun to be the cry. If patriotism has failed, we are pleased to see that interest is about to unite the people; and I am very much mistaken in the character of the middle' and 'south' if their representatives shall for a moment abandon the one iota of the rights of the eastern' population, however perverse it may have been to the views of an immense majority of our citizens. If we pull together' all will be well.

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