QUESTION ONE. 21 



It is from this point that the negotiations commenced which ter- 

 minated in the treaty of 1818. The matter does not appear to be of 

 importance, but the statement in the United States Case (p. 22) that 

 " Great Britain made overtures to the United States for a new treaty 

 arrangement " is not established by the documents to which attention 

 has been called. Great Britain was in possession of the fisheries, 

 and was exercising the right, she claimed, to exclude American 

 26 fishermen from them. The request for an alteration of that 

 position necessarily came from the United States. 



During the greater part of the season of 1816 American fishing- 

 vessels were prevented from fishing within British waters, but when 

 Mr. Bagot took up the negotiations at Washington the instructions 

 were for the time relaxed in order to prevent any occurrence which 

 might disturb the harmony of the two States pending the discussion. 

 (App., p. 175.) 



In the early part of 1817 it appeared that no agreement was likely 

 to be reached, and Mr. Bagot was instructed to inform the Govern- 

 ment of the United States that (App., p. 176) 



the orders for the exclusion of American fishermen from our terri- 

 torial jurisdiction in North America and Newfoundland are in full 

 force, and will continue to be acted on. 



Mr. Adams, however, appealed to the Secretary of State in London 

 (United States Case, App., p. 294), and the strict enforcement of the 

 orders referred to was modified during that season. But pending the 

 receipt of those orders seizures had already been made by His Maj- 

 esty's ship " Dee." (British Case, App., p. 79.) 



In 1818 the negotiations in London were commenced, and the orders 

 were again modified for the time. 



Great Britain throughout these discussions contended that the fish- 

 ing liberties were at an end when war broke out in 1812 ; she declared, 

 before peace was made, that she would not allow those liberties to be 

 exercised in the future except on her own terms and subject to her 

 own conditions ; she was in exclusive possession of the territories and 

 waters to which the liberties related ; and on the restoration of peace 

 she insisted on that exclusive possession until a new, and more lim- 

 ited concession, was granted in 1818. 



COMPARISON OF CONCESSIONS OF 1783 AND 1818. 



The Case of the United States (p. 60) contains the following pas- 

 sage in reference to the treaty of 1818 : 



It is evident, therefore, that the liberties referred to in the intro- 

 ductory clause of the new article were the liberties claimed by the 

 United States under the second clause of Article III of the treaty of 

 1783, and it will further appear from an examination of the negotia- 

 tions and of the stipulations of the new article that, so far as 



