102 CORRESPONDENCE, ETC., PRIOR TO TREATY OF 1818 



any explanation in reply, either of our construction of its articles, or 

 of the political considerations alluded to. We thought it more con- 

 sistent with our duty to look solely to the object of our instructions, 

 and to exert our utmost efforts to accomplish it, and we acted in con- 

 formity to that sentiment. The result of these efforts was made 

 known by the documents which I had the honor to present to you 

 when I was lately at Washington, being copies of a joint despatch 

 which Mr. Pinkney and I have forwarded by Mr. Rose. We had 

 flattered ourselves that it might have been practicable to obtain the 

 amendments of the treaty which the President desired, as the state of 

 affairs in Europe have become more favorable to such a result, but in 

 that we were disappointed. We found no difficulty in accomplishing 

 the other object, of setting it aside, as we were instructed to do, in 

 case the proposed amendments were not acceded to. 



******* 



The twelfth article stipulates that Great Britain shall not stop 

 the vessels of the United States within five marine miles of their 

 coast, except for the purpose of examining whether they be Ameri- 

 can or those of another Power; and that she shall not stop the 

 unarmed vessels of other Powers within the same limit, provided 

 they acknowledge it, except to ascertain whether they belong to those 

 who have acknowledged it. The vessels of the Powers who do not 

 adopt the regulation are not affected by it. They remain under the 

 ordinary protection of the law of nations, which extends to the dis- 

 tance of cannon shot, or three miles from the coast. Beyond that 

 limit the enemies of Great Britain have a right to search and seize 

 her vessels, without being amenable to the United States; and the 

 same right is reserved to her by this article as if it had not been 

 entered into. Vessels of war are expressly excluded from the advan- 

 tage of the regulation. 



It is the sole object of the twelfth article to secure to the United 

 States an accommodation, by extending their jurisdiction on their 

 coast, in what concerns themselves, from three to five miles. The 

 stipulation is unconditional as to them, but conditional as to other 

 Powers, dependent on their acknowledging the same limit. It is 

 made reciprocal, by being extended to the British Dominions north- 

 ward of the United States; a circumstance which merits attention, 

 as it precludes the idea that any other equivalent was expected or 

 intended to be given for it. It would have been extended to the 

 dominions of Great Britain in Europe and elsewhere had the British 

 commissioners desired it; they declined it, from a fear that it might 

 produce some innovation in the general doctrine of the law of nations 

 on the subject. This is, I think fairly to be inferred from the in- 

 strument itself. 



The last paragraph of the nineteenth article stipulates that neither 

 of the parties shall permit the ships or goods belonging to the sub- 

 jects or citizens of the other to be taken within cannon shot of the 

 coast, nor within the jurisdiction described in the twelfth article, so 

 long as the provisions of the said article shall be in force, by the ships 

 of war of other Powers; but in case it should so happen, the party 

 whose territorial rights shall thus have been violated shall endeavor 

 to obtain from the offending party full and ample satisfaction for 



