130 THE ARGUMENT OF THE UNITED STATES. 



The British Commissioners had referred to the space between head- 

 lands and to bays dependent on and belonging to adjoining territory. 



But it is, however, to be observed that as a result of the negotiations, 

 the sole concession obtained from the Government of Great Britain 

 was: 



The belligerent power shall not stop, except for the purpose here- 

 after mentioned, the vessels of the neutral power or the unarmed 

 vessels of other nations within five marine miles from the shore be- 

 longing to the said neutral power on American seas. 



The British Commissioners finally yielded and agreed to an 

 additional two marine miles to the admitted jurisdiction. 



This treaty of 1806 was not ratified because of the inability of 

 the Commissioners to agree upon an article satisfactory to the United 

 States against impressments. 



The provisions of the Jay Treaty relative to the question now under 

 discussion expired, as has been shown, by limitation October, 1807. 



There was no extension of jurisdiction by treaty, and the negotia- 

 tions between the two powers clearly disclose that the extent 

 of maritime jurisdiction recognized by the Government of Great 

 Britain, in the absence of treaty stipulations or acquiescence in long 

 continued usage, was three marine miles from the shores. There was 

 no general recognition of jurisdiction over great seas whenever 

 called bays, and any special provision for the protection of harbors 

 was resisted by Great Britain. 



The Government of Great Britain refused to include any addi- 

 tional provision enlarging the jurisdiction of the United States for 

 the purpose of preventing impressments, and the Secretary of State 

 returned the draft of the treaty to the American Commissioners 

 with the instruction that " without a provision against impressments, 

 substantially such as is contemplated in your original instructions, 

 no treaty is to be concluded." 



The failure of the Commissioners to agree upon an adjustment of 

 the vexatious question of impressment left unsettled the difficulties 

 which unhappily provoked the War of 1812. 



It will be remembered that Great Britain throughout this period, 

 and for some years afterward, was engaged in a war against 

 France and her allies. It will be instructive to recall the nature of 

 the activities of Great Britain that at length led the Congress in 

 June, 1812, to declare war against Great Britain. 



