138 THE ARGUMENT OF THE UNITED STATES. 



The negotiations between Lord Bathurst and Mr. Adams have been 

 reviewed in extenso for the reason that they furnish the foundation 

 for the negotiations that ultimately resulted in the treaty of 1818. 

 The notes between them were subsequently placed in the hands of the 

 British and American negotiators, and were referred to as the meas- 

 ure of the respective admissions and contentions of the two powers. 



Mr. Adams transmitted to the Secretary of State a copy of Lord 

 Bathurst's note declaring a willingness to negotiate a modified re- 

 newal of the liberty and addressed a reply to Lord Castlereagh, His 

 Majesty's principal secretary of state for foreign affairs. 6 



Mr. Monroe, on February 27, 1816, acknowledged the receipt of the 

 communication from Mr. Adams, enclosing a copy of Lord Bathurst's 

 note of October 30, and authorized Mr. Adams " to negotiate a con- 

 vention providing for the objects contemplated." 



It appears by these communications that although the British Gov- 

 ernment denies our right of taking, curing and drying fish within 

 their jurisdiction and on the coast of the British Provinces in North 

 America, it is willing to secure to our citizens the liberty stipulated 

 by the treaty of 1783 under such regulations as will secure the bene- 

 fit to both parties, and will likewise prevent the smuggling of goods 

 into the British Provinces by our vessels engaged in the fisheries. 



Mr. Monroe had been one of the negotiators of the unratified treaty 

 of 1806, and used the term, " within their jurisdiction" in its ac- 

 cepted meaning, and he was then familiar with Lord Bathurst's 

 definition of British jurisdiction, for he had a copy of the note to 

 Mr. Adams stating it; and he observed that Great Britain seemed 

 willing to continue the liberty to fish within those waters. 



In July, 1816, Mr. Monroe advised Mr. Adams that Mr. Bagot, 

 who was in the United States as minister for Great Britain, had 

 " received a power to arrange the difference respecting the taking 

 and curing and drying fish on the shores of the British colonies, 

 but whether it authorizes such an arrangement as will be useful 

 and satisfactory to us, I am as yet uninformed."* The negotia- 

 tions of Mr. Adams in England were thus suspended while Mr. 

 Bagot, under instructions from his Government, undertook to nego- 

 tiate on the subject with the Secretary of State in Washington.' 



tt U. S. Case, Appendix, 304; British Case, Appendix, 85. 

 6 U. S. Case, Appendix, 278, 279, 283. 

 U. S. Case, 35; Appendix, 287. 

 U. S. Case, Appendix, 288. 

 TJ. S. Case, 36. 



