cxxii INTRODUCTION 



still acting for Lord Castlereagh, who was absent at the Congress of 

 Vienna, characterized the Hberty of taking, drying, and curing fish under 

 the Treaty of 1783 as a liberty which the United States enjoyed "of 

 taking, dr5dng, and curing fish within the exclusive jurisdiction of the pos- 

 sessions belonging to His Majesty in North America." * 



Under date of December 19, 1814, Lord Bathurst again refers to the 

 privileges, accorded by the Treaty of 1783, "of fishing within the limits 

 of British sovereignty." " 



The above extracts relating to the fishery are taken from corre- 

 spondence between British statesmen. The exchange of views between 

 Lord Bathurst and Mr. Adams is between responsible statesmen dealing 

 with the fishery dispute and specially authorized by their respective 

 countries to discuss the matter. The Baker letter has been referred to 

 as indicating the deUberate views of the British Government, and there 

 are like expressions in the further correspondence between accredited 

 representatives of the two nations which reinforced the statement that 

 both covui tries had in mind the inshore fishery; that is to say, the fishery 

 within the territorial waters of Great Britain and properly regarded as 

 subject to its exclusive jurisdiction. Some further expressions of like 

 import deserve quotation. 



The preliminary negotiations had been at London between Lord 

 Bathurst and Mr. Adams.' Further consideration of the subject was 

 removed to Washington following the arrival of Mr. Bagot as first 

 Minister from Great Britain accredited to the United States after the 

 imfortunate War of 181 2. 



Following a conversation with Mr. Monroe, then Secretary of State, 

 Mr. Bagot, the British Minister, addressed him a note, in which he 

 expressed the wilUngness of the British Government to enter into nego- 

 tiations "for the purpose of affording the citizens of the United States 



' Oral Argument, Vol. II, p. 1359. ' Oral Argument, Vol. II, p. 1360. 



' " Since my last of the loth of December, I have had the honor to receive your letter of 

 November 21, with those of the 12th, igth, 26th and 30th of September, the 7th and 31st of 

 October, and 8th of November. With the latter, a copy of Lord Bathurst's reply to your note 

 of September 25, on the fisheries, was likewise received. 



"It appears by these communications that, although the British Government 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 benefit to both parties, and will like- 

 wise prevent the smuggling of goods into the British provinces by our vessels engaged in the 

 fisheries. 



"It is hoped that the reply which you intimate you intended giving to Lord Bathurst's 

 note may have produced some change in the sentiments of the British Government on this 

 interesting subject; it is nevertheless, thought proper to enclose you an instruction, to be 

 shown to the British Government, authorizing you to negotiate a convention providing for the 

 object contemplated." (Mr. Monroe's instruction, dated February 27, 1816, to Mr. Adams. 

 Appendix, U. S. Case, Vol. I, p. 287.) 



