THE JASEUR INCIDENT. 23 



in the following extract from Mr. Monroe's instructions of July 21, 

 1815, to Mr. Adams: 



As you are well acquainted with the solidity of our right to the 

 fisheries in question, as well as to those on the Grand Bank, and 

 elsewhere on the main ocean, to the limit of a marine league only 

 from the coast, (for the pretension to remove us tAventy leagues is 

 too absurd to be discussed,) I shall not dilate on it, especially at this 

 time. It is sufficient to observe here, that the right of the United 

 States to take fish on the coast of Newfoundland, and on the coasts, 

 bays, and creeks of all other of His Britannic Majesty's dominions in 

 America, and to dry and cure fish in any of the unsettled bays, har- 

 bors and creeks of Nova Scotia, Magdalen islands, and Labrador — 

 in short, that every right appertaining to the fisheries, which w^as 

 secured by the treaty of 1783, stands now as unshaken and perfect 

 as it then did, constituting a vital part of our political existence, 

 and resting on the same solid foundation as our independence itself. 

 In the act of dismemberment and partition, the rights of each party 

 were distinctly defined. So much of territory and incidental rights 

 were allotted to one, so much to the other; and as well might it be 

 said, because our boundary had not been retraced in the late treaty, 

 in every part, that certain portions of our territory had reverted 

 to England, as that our right to fish, by whatcA^er name secured, 

 had experienced that fate. A liberty of unlimited duration, thus 

 secured, is as much a right as if it had been stipulated by any other 

 term. Being to be enjoyed b}^ one, adjoining the territory allotted 

 by the partition to the other party, it seemed to be the appropriate 

 term. I have made these remarks to show the solid ground on which 

 this right is deemed to rest by this Government, rehdng on your 

 thorough knowledge of the subject to illustrate and support it in 

 the most suitable manner.*^ 



The importance which the American Government attached to this 

 assertion of the right to the continued enjoyment of the inshore 

 fisheries under the treaty of 1T83 is disclosed by the view expressed 

 by Mr. Monroe in this instruction that this incident may eventuate 

 in a breach of friendly relations and a renewal of hostilities. 



The British Charge replied on August 31, 1815, to Mr. Monroe's 

 note on the subject of the interference by the Jaseur with American 

 fishing vessels, stating that — 



This measure was, as you have justly presumed in your note, to- 

 tally unauthorized by His Majesty's Government; and I have the 

 satisfaction to acquaint you that orders have been given by the naval 

 commanders-in-chief on the Halifax and Newfoundland stations; 

 which will effectually prevent the recurrence of any similar interrup- 

 tion to the vessels belonging to the United States engaged in fishing 

 on the high seas.^ 



<» Appendix, p. 263. ^Appendix, p. 264. 



92909°— S. Doc. 870, 61-8, vol 1 10 



