xxxvi INTRODUCTION 



liberties and privileges connected with the fisheries which can consist 

 with the just rights and interests of Great Britain, and secure His 

 Majesty's subjects from those undue molestations in their fisheries 

 which they have formerly experienced from citizens of the United 

 States."! 



Taking up the contention that the liberty was unafiected by war, he 

 states that Great Britain — 



"Knows of no exception to the rule, that all treaties are put an 

 end to by subsequent war between the same parties; she cannot, 

 therefore, consent to give to her diplomatic relations with one State 

 a different degree of permanency from that on which her connexion 

 with all other States depends. Nor can she consider any one 

 State at liberty to assign to a treaty made with her such a peculiarity 

 of character as shall make it, as to duration, an exception to all 

 other treaties, in order to found, on a peculiarity thus assumed, an 

 irrevocable title to all indulgences which have all the features of tem- 

 porary concessions."^ 



Lord Bathurst next proceeds to review Mr. Adams' contention 

 that the United States had a peculiar right to participate in the fish- 

 eries, because the colonists were British subjects, stating that, — 



"When the United States, by their separation from Great Britain, 

 became released from the duties, they became excluded also from the 

 advantages of British subjects. They cannot, therefore, now claim, 

 otherwise than by treaty, the exercise of privileges belonging to them 

 as British subjects, unless they are prepared to admit, on the part of 

 Great Britain, the exercise of the rights which she enjoyed previous to 

 the separation." ^ 



In Lord Bathurst's opinion the rights of the colonies to share 

 in the fisheries was lost by the separation of the two countries. The 

 liberty secured by the Treaty of 1783 was cancelled by the War of 181 2. 

 The United States could not, therefore, claim the right to fish within 

 British waters by virtue of British nationality, which they had repu- 

 diated by their Declaration of Independence and its recognition by the 

 Treaty of 1783. As, therefore, there was no treaty in existence between 

 the two countries, conveying or recognizing the liberty, it was non- 

 existent. He stated, however, that while rejecting the claim of the 

 United States and the reasons upon which it was sought to be justified. 

 Great Britain nevertheless felt — 



"That the enjoyment of the liberties, formerly used by the inhabi- 



' Appendix, p. 400; Appendix, U. S. Case, p. 274. Appendix, British Case, p. 69. 

 [^Appendix, p. 400; Appendix, U. S. Case, p. 274. Appendix, British Case, p. 69. 

 ^Appendix, p. 403; Appendix, U. S. Case, p. 277. Appendix, British Case, p. 69. 



