that because it contained a recognition of American independence, it could not be abrogated by a subsequent war between the parties. To a position of this novel nature, Great Britain cannot accede. She knows of no exception to the rule, that all treaties are put an end to, by a subsequent war between the same parties; she cannot, therefore, consent to give her diplomatic relations with one state, a different degree of permanency, from that on which her connection with all other states depends. Nor can she consider any one state at liberty, to assign to a treaty made with her, such a peculiarity of character, as shall make it, as to duration, an exception to all other treaties, in order to found, on a peculiarity thus assumed, an irrevocable title to all indulgencies, which have all the features of temporary concessions."

He then asks what necessary connection there could be, between a right to independence, and a liberty to fish. "Liberties within British limits, are as capable of being exercised by a dependent, as by an independent state, and cannot therefore be the necessary consequence of independence." That the right of America to independence, could not be affected, by considering the treaty of 1783, as abrogated by the war, the right was not granted by the treaty, but only acknowledged; were it not so, Great Britain had renewed her acknowledgment of independence, by her declaration of war, in 1812.

After controverting the doctrine of Mr. Adams, that the right existed previous to the treaty of 1783, he says, "that though Great Britain could never admit the claim of the United States to enjoy those liberties, with respect to the fisheries, as matter of right, she was by no means insensible to some of the considerations in the letter of the American minister. And although hè could not consider the American claim analogous to the indulgence granted to enemies' subjects, to fish on the high seas, for the purpose of conveying fresh fish to market: Yet, says he, (speaking of the British nation) "They do feel that the enjoyment of the liberties, for

merly 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 modification; and this feeling operated most forcibly in favour of concession.

He then complains of the pre-occupation of the British waters, by the American fishermen, and the introduction of prohibited goods into the British territories, from American vessels, to the injury of the revenue, and concludes by professing that the British government, were willing to enter into negotiations for the modified renewal of the liberties.

"On the 8th of November, Mr. Adams informs his government of this offer to negotiate, and by a despatch from Secretary Monroe, dated February 27, 1816, he is authorized to commence the negotiation.

Mr. Monroe, in a letter to Mr. Adams, dated May 24, 1816, expresses a hope that the negotiation respecting the fisheries, might have been concluded.

From another letter, dated on the 8th of July following, it appears, that Mr. Bagot was authorized to conclude the negotiation at Washington.

An order had been issued, by the British government to Admiral Griffith, commanding on the American station, to remove the American fishing vessels from the British waters, which order however was revoked, during the pendency of the negotiation, upon the application of Mr. Bagot.

Mr. Bagot and Mr. Monroe proceeded in the negotiation. Mr. Bagot disclaimed in the most absolute and positive terms all claim which was founded on any supposed right on the part of America, and represented his offer as arising solely from a feeling both friendly and humane on the part of the British nation. He offered the continuance of the right to fish on that part of the coast of Labrador which commences at Mount Joli to the Bay of Esquimeaux, and to be confined to the, unsettled parts of that coast in the curing and drying of their fish. That offer was rejected by the American government. Mr. Bagot then offered that part of the

southern coast of Newfoundland which extends from Cape Ray eastward to the Ramean Islands.

On the 30th of December, 1816, Mr. Monroe informed Mr. Bagot, that his last offer was rejected, and says, "I have made every inquiry that circumstances have permitted respecting both these coasts, and find that neither would afford to the citizens of the United States, the essential accommodation which is desired-neither having been much frequented by them heretofore, or likely to be in future."

On the next day, Mr. Bagot after representing the anxious desire of the Prince Regent to accommodate the Americans, offers both portions of coast.

Mr. Monroe informed him on the 7th January, (1817) that his last offer was also rejected, and says, that those coasts, when taken conjointly, would not afford the accommodation so important to the fishermen, and repeated that neither had been much frequented by American fishermen or were likely to be.

In a letter dated February 5th, 1817, Mr. Monroe informs Mr. Adams, of the failure of the last attempt to negotiate, and requests him to obtain an order to the naval officer commanding on that station not to interrupt or disturb our fishermen during the approaching season," and stating it also to be the intention of the President to renew the negotiation.

On the 21st of April, Mr. Adams made the application in pursuance of the request of Mr. Monroe. On the 7th of May, Lord Castlereagh replied, that as soon as the last offer of Mr. Bagot was rejected, the British Admiral commanding at Halifax was notified, that the orders, which were suspended by Mr. Bagot, were renewed; he then says, "the British government cannot but feel some reluctance again to suspend them, without being in possession of more precise grounds for expecting an adjustment; but the Prince Regent in the hope of an amicable settlement, was induced to yield to the application," and to suspend the execution of the orders during the approaching season.

On the 4th of August, 1817, Mr. Rush (who had assumed the Department of State upon the accession of Mr. Monroe to the Presidency,) addressed a letter to Mr. Bagot, stating, that at the commencement of the fishing season, twenty sail of fishing vessels on their outward voyage were compelled by a storm to put into a harbour, on the British coast, that while there, they were boarded by an officer of the customs, who demanded and received light money from them:-that after completing their fares of fish, they commenced their return to the United States :-that they were compelled by another storm to take shelter in another British port-that in this port they were captured by a barge from the British sloop of war Dee, Capt. Chambers, and ordered for Halifax where they arrived on the 9th of June. That the unfortunate crews had been exposed to peculiar inconveniences and hardships; and that those who desired to return to their homes were refused passports. Mr. Rush denied that these vessels had been fishing in British waters.

Mr. Bagot enclosed to Mr. Rush a copy of the orders of Admiral Sir David Milne, commanding on the North American station, to the captain of the Dee, directing him to capture all vessels fishing, or at anchor within the maritime jurisdiction of Great Britain, and to send them to Halifax for adjudication, exempting, however, vessels which should clearly appear to have been obliged to put into British ports in consequence of distress.

The captain of the Dee, in his despatch to the Admiral, dated the 8th of June, states that he was informed that the whole of the banks westward (off Cape Sable and Shelburne) were fished by American schooners, and that they continually resorted to the creeks on the coast, to catch their bait, clean their fish, and to procure wood, water, &c. which was highly detrimental to the industrious fishermen living on the coast, &c. That he reéeived information that nine American vessels had been found at Ragged Island harbour laying with their nets set. Lieut. Hooper remained there and despatched Lieut. Lechenere, to Cape Negro, where he found two vessels

in the harbour, and seven others came in, the whole joined him with two others which came into Ragged Island, and that he had sent them into Halifax for adjudication. He said, that had they been in distress they might have been relieved with more ease at the regular harbour of Shelburne, than at the two intricate harbours in its neighbourhood. He further says, "that, without the use of our harbours, it appears impossible for any foreigners to carry on successful fishing on this coast."

In the year 1818, Mr. Gallatin and Mr. Rush were empowered to negotiate a new commercial treaty with Great Britain, and Mr. Adams specially instructed them respecting the fisheries. In his despatch of July 28, 1818, he says, "The President authorizes you to agree to an article, whereby the United States will desist from the liberty of fishing, and curing, and drying fish within the British jurisdiction generally, upon condition that it shall be secured as a permanent right, not liable to be impaired by any future war, from Cape Ray to the Ramean Islands, and from Mount Joli on the Labrador coast, through the strait of Belle Isle, indefinitely north, along the coast: the right to extend as well to the curing and drying the fish, as to fishing."

Mr. Adams then adverts to the trial of the abovenamed American vessels at Halifax, in whose favour a decree had been obtained from the Vice Admiralty Court, on the ground that there was no act of Parliament which authorized the condemnation of vessels for a violation of territorial jurisdiction, but on the question of the right of the Americans to fish under the treaty of 1783. Judge Wallace who presided was clearly of the opinion, that the war dissolved that treaty. The captors appealed from the decree to London, and Mr. Adams, instructed Mr. Rush to obtain the best counsel to argue the question of right before the Lords of appeals, asserting that the rights in question were not acquired by the treaty of 1783, but having been always enjoyed before, were only recognised by that treaty. He concluded this branch of his instructions by saying,