98 CORRESPONDENCE, ETC., PRIOR TO TREATY OF 1818 



founded on friendly and liberal discussions and explanations, that in 

 practice each party will entirely conform to what may be thus in- 

 formally settled. And you are authorized, in case an arrangement 

 of this kind shall be satisfactory in its substance, to give assurances 

 that, as long as it shall be duly respected in practice by the other 

 party, more particularly on the subjects of neutral trade and impress- 

 ments, it will be earnestly, and probably successfully, recommended 

 to Congress by the President, not to permit the non-importation act 

 to go into operation. You are also authorized to inform the British 

 Government that the President, adhering to the sentiments which led 

 him to recommend to Congress at the commencement of the session 

 a suspension of that act, and trusting to the influence of mutual dis- 

 positions and interests in giving an amicable issue to the negotiation, 

 will, if no intervening intelligence forbid, exercise the authority 

 vested in him by the act of continuing its suspension from the 1st 

 day of July to the term limited by the act, and which will afford to 

 Congress, which will then be in session, the opportunity of making 

 due provision for the case. 



You will perceive that this explanation of the views of the Presi- 

 dent requires, that if, previous to the receipt of it, a treaty not includ- 

 ing an article relating to impressments, should have been concluded 

 and be on the way, the British commissioners should be candidly 

 apprised of the reason for not expecting its ratification and that on 

 this ground they be invited to enter anew on the business, with an 

 eye to such a result as has just been explained and authorized. 



Having thus communicated the outline assigned by the President 

 as your guide in the important and delicate task on your hands, I 

 proceed to make a few observations which are suggested by the con- 

 tents of your last despatches, and which may be of use in your fur- 

 ther discussions and your final arrangements. 



MARGINAL JURISDICTION ON THE HIGH SEAS. 



There could surely be no pretext for allowing less than a marine 

 league from the shore, that being the narrowest allowance found in 

 any authorities on the law of nations. If any nation can fairly claim 

 a greater extent, the United States have pleas which cannot be re- * 

 jected; and if any nation is more particularly bound by its own 

 example not to contest our claim, Great Britain must be so by the 

 extent of her own claims to jurisdiction on the seas which surround 

 her. It is hoped, at least, that within the extent of one league you 

 will be able to obtain an effectual prohibition of British ships of 

 war from repeating the irregularities which have so much vexed 

 our commerce and provoked the public resentment, and against which 

 an article in your instructions emphatically provides. It cannot 

 be too earnestly pressed on the British Government, that in apply- 

 ing the remedy copied from regulations heretofore enforced against 

 a violation of the neutral rights of British harbors and coasts, nothing 

 more will be done than what is essential to the preservation of har- 

 mony between the two nations. In no case is the temptation or the 

 facility greater to ships of war for annoying our commerce, than in 

 their hovering on our coasts and about our harbors; nor is the na- 

 tional sensibility in any case more justly or more highly excited than 



