In answer to this note Mr. Rush, the Acting Secretary of State, wrote to Mr. Bagot on May 30, 1817: I had the honor to receive, and have laid before the President, your note of the 27th of this month. In answer to it, I have the honor to state that this Government is not yet prepared to make known, in any definite and final shape, the nature and extent of the accommodation desired by its citizens engaged in the fisheries along the coast of His Britannic Majesty's dominions, according to the invitation held out, by order of the Prince Regent, in your note. At the same time, I am directed by the President to inform you that he recognizes, in the terms of this invitation, not less than in the general scope of your note, a spirit of friendly accommodation, which this Government, not foregoing rights which it feels itself bound to look to, will nevertheless be desirous, in the fullest extent, to reciprocate. On the return of the President from a tour through part of the United States, which he is now upon the eve of commencing, it is expected that this Department will be enabled to offer such propositions as taking for their basis the principles stated in your note, it is confidently hoped may end in an adjustment of this important interest, upon terms reconcilable with the views of both nations, and serve to strengthen the harmony and good understanding which it is so desirable to cultivate and preserve between them." SEIZURES IN 1817. Within two months after the date of Mr. Rush's note, above quoted, and before he had been able to submit to Mr. Bagot the proposition for the adjustment of the question under consideration upon terms reconcilable with the views of both nations, as proposed in his note, these negotiations were interrupted by a discussion between the two Governments concerning the seizure of a number of American fishing vessels by the British sloop-of-war Dee in the month of June preceding, and the negotiations thus interrupted were not resumed again at Washington. An examination of the correspondence and proceedings had with reference to these seizures will show that they were all made within less than three marine miles from the shore, and that the offense charged was resorting to such inshore waters for the purpose of fishing or of procuring bait there. It appears from the official records that nine of these vessels were seized while at anchor in Ragged Island harbor and one vessel at the entrance of that harbor; seven vessels were seized either in Cape Negro harbor or while entering or leaving that harbor; one vessel in the basin of Annapolis and one vessel in the Gut of Annapolis, within half a mile of land, and one vessel in the Bay of Fundy, one mile distant from Trout Cove." By reference to the map showing these localities it will be found that not only the places of seizure but also the places where the offenses were alleged to have occurred were in every instance within three marine miles of the shore. b Here again, therefore, was presented the question which had been in controversy since the close of the War of 1812, though temporarily held in abeyance while the negotiation for a new treaty was in progress, namely, whether or not the pre-existing right of the American fishermen to resort to the waters within three marine miles of the shores of the British provinces for fishing purposes had survived the War of 1812. The decision rendered in the judicial proceedings which were instituted in the courts of Nova Scotia for the condemnation and forfeiture of these vessels did not turn on this question. Nevertheless, these proceedings served to disclose the interesting situation that the contentions of the British Ministry on this question had not been authorized or supported by the British Parliament, it being found that no legislation had been adopted by Parliament excluding American fishermen from these waters; and the condemnation proceedings resulted in a judicial decree directing the restitution of these vessels to their owners on the ground that the seizures had been illegally made. It appears that at the commencement of the conferences between Mr. Bagot and Mr. Monroe, Mr. Bagot, in the expectation that their discussions would lead to a satisfactory issue, had secured the revocation of an order issued by the British admiral to the British cruisers in regard to the treatment of American fishing vessels on the coasts of the British Provinces." It does not appear that a copy of this order was shown to Mr. Monroe or delivered to the United States Government. Mr. Monroe says a Appendix, pp. 300, 1076-1077. See U. S. Case Map No. 1. c Infra, p. 47. d Appendix, pp. 289, 294, 295. with regard to it in his instruction of August 13, 1816, to Mr. Adams merely that At the commencement of our conferences Mr. Bagot informed me of an order which had been issued by Admiral Griffith to the British cruisers to remove our fishing vessels from the coasts of those provinces which he would endeavor to have revoked pending the negotiation. His attempt succeeded. I shall endeavor to have this revocation extended so as to afford the accommodation desired until the negotiation is concluded. All the information which has been or may be obtained on this subject shall be transmitted to you." Subsequently, upon the temporary suspension of the negotiations after Mr. Monroe's rejection, in January, 1817, of Mr. Bagot's third proposal and in anticipation of the renewal of such negotiations as soon as the President "could obtain the information necessary to ascertain what arrangement would be best calculated to reconcile the interests of both parties, which he hoped to do in the course of a few months," Mr. Adams, pursuant to instructions from Mr. Monroe, wrote to Lord Castlereagh on April 21, 1817, using the language above quoted in regard to the intention of the President to renew the negotiations in the course of a few months and stating: In the meantime he relied that no measures would be taken by his Majesty's Government to alter the existing state of things; and particularly, that the order to the naval officer commanding on that station, not to interrupt or disturb the American fishermen during the approaching season, would be renewed. In reply Lord Castlereagh wrote to Mr. Adams on May 7, 1817: The undersigned, His Majesty's principal Secretary of State for Foreign Affairs, in reply to Mr. Adams's note of the 21st ultimo, has the honor to acquaint him that, as soon as the proposition which Mr. Bagot was authorized in July last, to make to the Government of the United States, for arranging the manner in which American citizens might be permitted to carry on the fisheries within the British limits, had been by them declined, viz: in the month of February, the same was immediately notified by His Majesty's minister in America to the British admiral commanding at Halifax; the effect of which notification was to revive the orders which Mr. Bagot had taken upon himself to suspend, in the expectation that the discussions in which he was then employed with the American Government would have led to a satisfactory issue. These discussions having failed of success, and the orders above alluded to being consequently now in full force, the British Government cannot but feel some reluctance again to suspend them, without being in possession of more precise grounds for expecting an adjustment. Persuaded, however, from the official communication received from Mr. Adams, that it is not only the sincere desire of the President of the United States to come to an amicable arrangement, but also that he, being already in possession of the views of Great Britain, is now lead to entertain a strong expectation that a settlement which shall reconcile the interests of both parties may, without any material delay, be effectuated, the Prince Regent, under these impressions, is willing to give to the American Government this additional proof of his earnest wish that the negotiation should proceed, under circumstances the most favorable to a speedy and amicable conclusion, by acceding to the application of the Government of the United States, as brought forward by Mr. Adams. Instructions will, accordingly, be expedited to the naval commanders on the American station to suspend the execution of the said orders during the approaching season." Meanwhile, however, and before the revocation of the order to the naval officers on the American station could be communicated to them, as promised by Lord Castlereagh, the British sloop-of-war Dee had made the seizures of the American vessels above referred to. The order under which the captain of the Dee acted in making these seizures was communicated by Mr. Bagot to Mr. Rush, Acting Secretary of State, in his note of August 8, 1817, and was in the following form: By Sir David Milne, K. C. B. and K. W. N., Rear Admiral of the Blue, and commander-in-chief of His Majesty's ships and vessels employed, and to be employed, in North America, and on the lakes of Canada, &c. &c. You are hereby required and directed to proceed, in His Majesty's ship under your command, to Halifax; and having received on board a pilot at that port, you will repair and cruise between Sambro lighthouse and Cape Sable, using every means in your power for the protection of the revenue, as also the fisheries on the coast, against the encroachment of foreigners. On your meeting with any foreign vessel fishing or at anchor in any of the harbors or creeks in His Majesty's North American provinces or within our maritime jurisdiction, you will seize and send such vessel so trespassing to Halifax for adjudication, unless it should clearly appear that they have been obliged to put in there in consequence of distress; acquainting me with the cause of such seizure, and every other particular, to enable me to give all information to the lords commissioners of the admiralty. You are to come within sight of signals from Sambro light-house every fourteen days, if the wind and weather will permit, and wait eight hours at that distance. You will continue on this service for six weeks from your sailing from Halifax, at the expiration of which time you will return to that port for further orders. Given on board His Majesty's ship Leander, Bermuda, the 12th day of May, 1817. DAVID MILNE, Rear Admiral. To Captain SAMUEL CHAMBERS, of His Majesty's ship Dee. a Appendix, p. 295. J. P. LAMEY." Appendix, p. 299. In the same note in which the order above quoted was enclosed, Mr. Bagot also inclosed a copy of the report from the captain of the Dee to his admiral, dated June 8, 1817, stating his reasons for making the seizures, which report is in full as follows: In compliance with your order of the 12th ultimo, I sailed from Halifax on the 30th ultimo, but did not meet or receive any intelligence of foreign fishing vessels being within our jurisdiction until the 3d instant; when, being off the Isle Maten, I was informed that the whole of the banks to the westward (off Cape Sable and Shelburne) were fished by American schooners; and that they continually resorted to the creeks on this coast in order to catch their bait, clean their fish, wood, water, &c.; this, of course, is highly detrimental to the interest of the industrious fishermen on this coast. I was also informed that the intricate harbors of Cape Negro and Ragged island were their resort most evenings, several going in; but more particularly on Saturdays, when they remain till Monday, to procure bait for the ensuing week. At the former place they had not been well received; at the latter, I suspect, much encouragement had been given them by an individual. I intended having our boats into Ragged island harbor before daylight on the 4th, but light winds prevented our getting that length. I, therefore, in the course of the day, put into Shelburne; and, in the evening, despatched the boats, under the charge of Lieutenant Hooper, into Ragged island, with the order I enclose; the weather preventing any boats returning until the 7th, when I received information that nine American vessels had been found at Ragged island harbor, lying with their nets set. Lieutenant Hooper remained at this place, and despatched Lieutenant Lechenere, with a gig and cutter, to Cape Negro, with the enclosed order. He found two American fishing vessels in the harbor, and seven others came in in the course of Saturday. The whole joined me this day with two others that came into Ragged island. I have, therefore, in obedience to your directions, sent them into Halifax for adjudication; as any distress they may plead might, with more ease, be relieved at the regular harbor of Shelburne, which has been avoided for two intricate harbors in its immediate neighborhood. I beg further to state, that, without the use of our harbors, it appears impossible for any foreigners to carry on successful fishing on this coast, which fishing has much injured our fishermen; and I have every reason to believe that considerable smuggling of tobacco, shoes, &c. is carried on by their boats. I beg leave to enclose a list of the detained vessels, and also to inform you that, from some of the Americans attempting to tamper with some of our boats' crews, and the riotous conduct of others, I have been obliged to take precautionary measures to prevent any of the vessels being run away with.a The reports received by the United States Government in regard to these seizures differ materially from Captain Chambers' report, as |