1909.] ATLANTIC FISHERIES QUESTION. 323 



fisheries came to public notice a few months later. On June 19, 

 181 5, the British sloop Jascur, warned an American cod fishing ves- 

 sel, when out in the open sea some forty-five miles from Cape Sable, 

 not to approach within sixty miles of the coast. This act trenching 

 on the rights of all mankind to fish in the open sea, the British gov- 

 ernment disowned. ** Lord Bathurst, however, at the same time said 

 to John Quincy Adams that while the British government " could 

 not permit the vessels of the United States to fish within the creeks 

 and close upon the shores of the British territories," it would not 

 interfere with American fishermen " in fishing anywhere in the open 

 sea, or without the territorial jurisdiction, a marine league from 

 shore."^« 



The question of whether or not the third article of the American- 

 British treaty of peace of 1783 — whereby American fishermen were 

 secured fishing rights in certain of the territorial waters of Britain 

 in North America — was abrogated by the War of 1812, was during 

 the next few months discussed by John Quincy Adams, American 

 Minister to Great Britain, and Lord Bathurst, British Minister of 

 Foreign Affairs. On September 25, 181 5, Mr. Adams, in a com- 

 munication addressed to the Earl of Bathurst, argued that the treaty 

 of 1783 was " not, in its general provisions, one of those which, by 

 the common understanding and usage of civilized nations, is or can 

 be considered annulled by a subsequent war between the same par- 

 ties."^^ 



On October 30 following. Lord Bathurst replied to Mr. Adams 

 at length. He said ;^^ 



To a position of this novel nature Great Britain can not accede. She 

 knows of no exception to the rule, that all treaties are put an end to by a 

 subsequent war between the sarne parties. . . . The treaty of 1783, like many 

 other, contained provisions of different characters— some in their own nature 

 irrevocable, and others of a temporary nature. . . . The nature of the liberty 



" " American State Papers : Class I., Foreign Relations," Washington, 

 1834, Vol. IV., p. 349. 



^^ " American State Papers : Class I., Foreign Relations," Washington, 

 1834, p. 350. 



" " American State Papers : Class I., Foreign Relations," Washington, 

 1834, p. 352. 



^- " American State Papers : Class I., Foreign Relations," Washington, 

 1834. pp. 354, 355. 



