22 CASE OF THE UNITED STATES. 



The question, therefore, of the effect of the War of 1812 upon the 

 continued enjoyment of the rights of the United States in these 

 inshore fisheries under the second clause of Article III of the treaty 

 of 1783 was left open by the treaty of 1814 as an unsettled subject of 

 difference between the two Governments. 



The'Jaseur Incident. 



Within six months after the signing of the Treaty of Ghent, 

 occasion arose for the renewal of the controversy as to whether or 

 not the inshore fisheries clause of the treaty of 1783 had survived the 

 War of 1812. The question was ably and fully presented in the 

 diplomatic correspondence exchanged, and as a result of the dis- 

 cussion Great Britain made overtures to the United States for a new 

 treaty arrangement on the subject, which led to a series of negotia- 

 tions, the final outcome of which was the fisheries article of the treaty 

 of October 20, 1818. 



The occasion for the renewal of the controversy was the action of 

 Captain Lock of H. M. S. Jaseur in warning on June 19, 1815 an 

 American vessel, engaged in cod-fishing about forty-five miles 

 distant from Cape Sable, not to come within sixty miles of the 

 coast. The captain of the fishing vessel promptly reported the inci- 

 dent to his Government with the further information that all the 

 other American fishing vessels in sight at that time were warned off 

 by the Jaseur in the same manner.'* 



Mr. ]\Ionroe, then Secretary of State, immediately called the inci- 

 dent to the attention of the British Charge d'Affaires at Washing- 

 ton,** and at the same time, by note of July 21, 1815, informed Mr. 

 John Q.uincy Adams, the American Minister at London, of the action 

 of the Jaseur which, he says, " it is presumed, has been done under 

 a construction of the late treaty of peace," and he adds that — 



The measure thus promptly taken hj the British Government 

 without any communication with this Government, notwithstanding 

 the declaration of our ministers at Ghent that our right would not 

 be affected by the silence of the treaty, indicates a spirit which 

 excites equal surprise and regret.^ 



That the position taken on the subject by the American Plenipo- 

 tentiaries at Ghent was still maintained and insisted upon by the 

 United States Government as indisputably right is clearly shown 



o Appendix, p. 262. & Appendix, p. 263. 



