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Had the treaty of 1783 been silent on the subject of the 

 fisheries no right would have remained to America, but 

 after an infinite deal of negotiation a right was obtained 

 full, ample and satisfactory, giving to us a privilege 

 almost equal to that of British subjects, and until the 

 war of 1812 we held that privilege by a title as incon 

 testable as our title to the capitol, yet the capitol was 

 taken, and it was amongst the chances of possibilities 

 that we might have been compelled to negotiate for it. 



The strong point on which Mr. Adams seems to rest 

 his argument is the indestructable nature of the Treaty 

 of 1783. I have ever supposed that a declaration of 

 war annihilated all subsisting treaties between bellige 

 rents. That any rights appertaining to the indepen 

 dence of nations are abrogated by war I do not contend, 

 but all rights derived from a Treaty are, and it is very 

 easy to suppose that a privilege beneficial to one nation, 

 existing within the territorial domain of another may be. 

 The right to independence rests upon a different prin 

 ciple, and if it did not, the act of declaring war, or the 

 consent to negotiate, is a sufficient acknowledgment that 

 it exists. And it would exist without a treaty. Indi 

 viduals may be outlawed, but nations cannot be, their 

 independence will remain until they are conquered, and 

 even then without a formal surrender by treaty ; after 

 that, hostile resistance would be rebellion, before it, it 

 would be legitimate and justifiable warfare : and were 

 nations thus resisting even after every fortified post in 

 the conquered country had been obtained, to violate the 

 rules of legitimate warfare, they would violate the laws 

 of nations, and all other nations would be justified in 

 making common cause for the purpose of preventing 

 such violations. 



But if this privilege was unaifected by a declaration 

 of war, and remained in its full force and pristine 

 strength, then the subjects of one belligerent, might of 

 right remain in the heart of the territory of the other 

 belligerent, and carry on their ordinary business with 

 out hindrance or molestation. The vessels of one might 

 be captured on their own waters, and in their own har- 

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