TREATY OF SEPTEMBER 3, 1783. 13 



are recognized, however, as the continuation of pre-exisiing rights — 

 " shall continue to enjoy unmolested " can have no different mean- 

 ing — and instead of the limitation of three leagues or fifteen leagues 

 from the coast proposed by Great Britain there is no limit of 

 exclusion whatsoever. 



This clause of the article is of particular importance inasmuch 

 as Great Britain has never asserted that the right of the United 

 States therein referred to was not of a permanent character, and has 

 never denied that these provisions are still in force; on the contrary 

 it will appear later that Great Britain has admitted that when this 

 treaty was made she had no exclusive jurisdiction or right in such 

 fisheries and that the United States as an independent nation would 

 have been equally entitled to their use and enjoyment independently 

 of any treaty provisions.'^ 



The remaining portion or second clause of this article applies only 

 to the inshore or coast fisheries and does not require particular at- 

 tention at this time because it was superseded by the provisions of the 

 treaty of 1818 and its relation to that treat}' is considered later. For 

 the present it is sufficient to note with respect to this second clause of 

 the article that after the War of 1812 Great Britain asserted and the 

 United States denied that these provisions were abrogated by that 

 war. This question and its bearing on the present case may more 

 conveniently be considered in connection with the negotiations for 

 the treaty of peace at the close of that war and the discussions lead- 

 ing up to the treaty of 1818, which are hereinafter reviewed. It 

 will there appear that this question was not settled by the treaty 

 of peace of 1814 and was still unsettled when the treaty of 1818 was 

 entered into, and that it furnished the grounds for the differences 

 which are referred to in the opening clause of Article 1 of that 

 treaty, and in consequence of which that Article was negotiated. 



"Appendix, p. 276. 



