QUESTION FIVE. 131 



THE WAR OF 1812 OBIGIN OF THE DIFFERENCES COMPOSED BY 

 THE TBEATY OF 1818. 



James Madison, President of the United States, on June 1, 1812, 

 transmitted confidentially to the Congress of the United States a 

 message intended to place before the Congress the posture of the 

 relations with Great Britain : 



War was declared by Congress, and on the 19th day of June, 1812, 

 President Madison in a proclamation announced the fact that war 

 existed. 



In 1814 Great Britain was finally at peace with Europe. 



British and American Commissioners met at Ghent in August, 

 1814. for the negotiation of terms of peace. 



At the first conference the British Commissioners requested in- 

 formation as to whether the American Commissioners were instructed 

 to enter into negotiations on certain specified points: 



But before they desired any answer they felt it right to communi- 

 cate the intentions of their Government as to the North American 

 fisheries, viz : that the British Government did not intend to grant to 

 the United States gratuitously the privileges formerly granted by 

 treaty to them of -fishing within the limits of the British sovereignty, 

 and of using the shores of the British territories for purposes con- 

 nected with the fisheries.* 



At the threshold of these negotiations for peace, the question with 

 regard to the fisheries article of the treaty of 1783 was raised. The 

 position of the Government of Great Britain was that they did not 

 intend, unless a consideration was inserted in the treaty, to permit 

 the inhabitants of the United States to enjoy the liberty previously 

 confirmed and granted " within the limits of the British sovereignty." 



During the negotiation of the unratified treaty of 1806, the 

 limits of sovereignty had been clearly stated and throughout 

 these negotiations for the treaty of Ghent and during all subsequent 

 negotiations prior to the treaty of 1818, this term, "within the 

 limits of the British sovereignty," was used with its true significa- 

 tion in mind. 



At a conference of the Commissioners. December 10, 1814, the 

 British negotiators proposed to submit the question of the fish- 

 eries and of the navigation of the Mississippi to a future negotiation, 

 and suggested a basis for such negotiations. 6 



U. S. Counter Case, Appendix, 616. 



* U. S. Case, 14 ; Appendix, 242. 



U. S. Case, 19 ; Appendix, 254. 



