EXTRACT FROM PROTOCOL OF THE FIFTH CONFERENCE
HELD BETWEEN THE AMERICAN AND BRITISH PLENIPOTENTIARIES AT WHITEHALL.16 October, 1818.
Present : Mr. Gallatin, Mr. Rush, Mr. Robinson, Mr. Goulburn.
The Protocol of the preceding conference was agreed upon and signed.
The British plenipotentiaries gave in the five annexed articles, on the fisheries, the boundary, the Mississippi, the intercourse between Nova Scotia and the United States, and the captured slaves. (A, B, C, D, E.)
It was agreed to meet again on the 9th instant.
FREDERICK JOHN ROBINSON,
It is agreed that the inhabitants of the United States shall have liberty to take fish, of every kind, on that part of the western coast of Newfoundland which extends from Cape Ray to the Quirpon Islands, and on that part of the southern and eastern coasts of Labrador which extends from Mount Joli to Huntingdon Island ; and it is further agreed that the fishermen of the United States shall have liberty to dry and cure fish in any of the unsettled bays, harbours, and creeks of the said south and east coasts of Labrador, so long as the same shall remain unsettled ; but as soon as the same, or any part of them, shall be settled, it shall not be lawful for the said fishermen to dry or cure fish without a previous agreement for that purpose with the inhabitants, proprietors, or possessors of the ground.
And it is further agreed that nothing contained in this article shall be construed to give to the inhabitants of the United States any liberty to take fish within the rivers of His Britannic Majesty's territories, as above described ; and it is agreed, on the part of the United States, that the fishermen of the United States resorting to the mouths of such rivers shall not obstruct the navigation thereof, nor wilfully injure nor destroy the fish within the same,
1 Reproduced from appendix to British case, North Atlantic Coast Fisheries Arbitration, p. 89.
either by setting nets across the mouths of such rivers, or by any other means whatever.
His Britannic Majesty further agrees that the vessels of the United States, bona fide engaged in such fishery, shall have liberty to enter the bays and harbours of any of His Britannic Majesty's dominions in North America, for the purpose of shelter, or of repairing damages therein, and of purchasing wood and obtaining water, and for no other purpose ; and all vessels so resorting to the said bays and harbours shall be under such restrictions as may be necessary to prevent their taking, drying, or curing fish therein.
It is further well understood that the liberty of taking, drying, and curing fish, granted in the preceding part of this article, shall not be construed to extend to any privilege of carrying on trade with any of His Britannic Majesty's subjects residing within the limits hereinbefore assigned for the use of the fishermen of the United States, for any of the purposes aforesaid.
And in order the more effectually to guard against smuggling, it shall not be lawful for the vessels of the United States, engaged in the said fishery, to have on board any goods, wares, or merchandise whatever, except such as may be necessary for the prosecution of the fishery, or the support of the fishermen whilst engaged therein, or in the prosecution of their voyages to and from the said fishing grounds. And any vessel of the United States which shall contravene this regulation may be seized, condemned, and confiscated, together with her cargo.