been unaware that there would be, to some extent, an outside feeling of dissatisfaction under that fishery article. They knew their position, and were prepared for its responsibilities. Paying respect to the convictions prevailing in the United States, that our fishing rights were not lost by the war of 1812, though so contrary to the British opinions, they determined upon the compromise which the Convention effected.

It was in this spirit of amity that a formidable source of dissension was removed, without implicating the honor of either nation; whilst the ultimate interests of both were thought, by the wisest in both, to have been best advanced by the compromise.*

I render with satisfaction this passing tribute to the Liverpool ministry, and especially to Lord Castlereagh; due the more, as is was not the only occasion during my long mission when its amicable counsels in regard to the United States interposed to ward off trouble to the two nations when there was no adequate cause for it on our side, but much out-door English clamor against us. It may be added, as not an irrelevant fact, but pertinent to

*In the Author's "Memoranda of a Residence at the Court of London," vol. i. chapter xix. pp. 388 to 403, will be found a full account of the progress of the negotiation of 1818; the conclusion of the Convention, and the settlement, among others, of the Fishery article, as here explained.-EDITORS.

the matter I have in hand, that it was the same ministry, Tory as it was, with which we negotiated in London the Convention of July, 1815. This international compact secured for us, as far as it went, the fairest measure of reciprocity in our commerce, and especially our navigation, with Britain, which, up to that period, we had ever been able to obtain from any British ministry, Whig or Tory, since the day of our separation. Another auspicious circumstance may be said to have gone hand in hand with the labors of Mr. Gallatin and myself. It was a ministry the most strongly seated, perhaps, in influence and power, of any that had preceded it for a century, because governing England at the epoch of Napoleon's downfall. Such a ministry had no fears in being just to us on the Fishery question. It was not to be shaken by outdoor clamor, and disregarded it.

Nothing but the great importance of the subject, and the peculiar dilemma in which this disputed question has come to be placed, could justify me in making this letter so long. I must venture to hope that this will be my shield in your eyes.

A brief, a reluctant, reflection must close it. It relates to the letter from Mr. Webster, written in July, '52, when he was Secretary of State. I desire to speak with nothing but reverence of an American statesman whom death has canonized. To his great abilities, exalted patriotism and inappreciable

services, all do homage; none more fully than I do. An inadvertence found its way into that letter, which, under the public obligation cast upon me by your call, I am not at liberty to pass over. It is the passage in which he states that it was "an oversight in the Convention of 1818 to make a concession to England, since the United States had usually considered that these vast inlets or recesses of the ocean ought to be open to American fishermen as freely as the sea itself, to within three marine miles from the shore." The letter was written when he was away from his department. Full of diversified public occupation, and with his mind under corresponding solicitudes, he may well have been momentarily at fault; at a season too when his health was perhaps feeling the approaches of that fatal malady which was so soon afterwards to deprive his country of his valuable life, and take from the world one of its towering names. This inference is the more strongly forced upon me, as in the same letter he refers to the opinion of the English crown lawyers, without noticing the grave error stamped upon its face; that they assumed the existence of words not in the Convention. I should reproach myself for this allusion, but for the influence which the great name of Mr. Webster might otherwise lend in directions unfavorable to the just rights of the country he so dearly loved. Happy am I to think, that his letter nevertheless closes

with a dissent from the construction given by the crown lawyers of England, to that solemn Convention, which it is the aim of this letter to show is chargeable with no such oversight as he supposed.

I have the honor to remain, with great respect, Your obedient servant,

THE HON. W. L. MARCY,

Secretary of State,

WASHINGTON.

RICHARD RUSH.

Note.-The Editors have thought it might be useful for reference to insert here the first article of the Treaty of 1818.

CONVENTION OF LONDON, OF 20TH OCTOBER, 1818, BETWEEN THE UNITED STATES AND GREAT BRITAIN.

THE United States of America, and his Majesty the King of the United Kingdom of Great Britain and Ireland, desirous to cement the good understanding which happily subsists between them, have, for that purpose, named their respective Plenipotentiaries, that is to say: The President of the United States, on his part, has appointed Albert Gallatin, their Envoy Extraordinary and Minister Plenipotentiary to the Court of France; and Richard Rush, their Envoy Extraordinary and Minister Plenipotentiary to the Court of his Britannic Majesty: And his Majesty has appointed the Right Honourable Frederick John Robinson, Treasurer of his Majesty's Navy, and President of the Committee of Privy Council for Trade and Plantations; and Henry Gouldbourn, Esq., one of his Majesty's Under Secretaries of State: who, after having exchanged their respective full powers, found to be in due and proper form, have agreed to and concluded the following articles :

ART. 1. Whereas, differences have arisen respecting the liberty claimed by the United States, for the inhabitants thereof, to take, dry, and cure fish, on certain coasts, bays, harbours, and creeks of his Britannic Majesty's

dominions in America, it is agreed between the high contracting parties, that the inhabitants of the said United States shall have, forever, in common with the subjects of his Britannic Majesty, the liberty to take fish of every kind on that part of the southern coast of Newfoundland, which extends from Cape Ray to the Rameau Islands, on the western and northern coast of Newfoundland, from the said Cape Ray to the Quirpon Islands, on the shores of the Magdalen Islands, and also on the coasts, bays, harbours, and creeks from Mount Joly, on the southern coast of Labrador, to and through the Straits of Bellisle, and thence northwardly, indefinitely along the coast, without prejudice, however, to any of the exclusive rights of the Hudson Bay Company; And that the American fishermen shall also have liberty, forever, to dry and cure fish in any of the unsettled bays, harbours, and creeks of the southern part of the coast of Newfoundland, hereabove described, and of the coast of Labrador; but so soon as the same, or any portion thereof, shall be settled, it shall not be lawful for the said fishermen to dry or cure fish at such portion so settled, without previous agreement for such purpose, with the inhabitants, proprietors, or possessors of the ground. And the United States hereby renounce, forever, any liberty heretofore enjoyed or claimed by the inhabitants thereof to take, dry, or cure fish, on or within three marine miles of any of the coasts, bays, creeks, or harbours of his Britannic Majesty's dominions in America, not included within the above-mentioned limits; Provided, however, that the American fishermen shall be admitted to enter such bays or harbours, for the purpose of shelter and of repairing damages therein, of purchasing wood, and of obtaining water, and for no other purpose whatever. But they shall be under such restrictions as may be necessary to prevent their taking, drying, or curing fish therein, or in any other manner whatever abusing the privileges hereby reserved to them.