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gociating with D'Aranda without an exchange of commissions though the French minister Vergennes wished him to do it. Mr. Fitzherbert and Mr. Oswald were sent over on the part of GreatBritain, the former to treat chiefly with the European powers, the latter with the Americans. The commission granted to Mr. Oswald, instead of acknowledging the independence of the United States in the first instance, provided only for the acknowledg ment of it in an article of the proposed treaty.-Mr. Jay objected to the commission. The count de Vergennes thought it sufficient, and would have had him proceed: but notwithstanding the instructions of congress, he declined complying with the count's wishes. Dr. Franklin declared himself of the same opinion with the count. Jay however was fixed; and drew up a letter, which he intended to send to Vergennes, containing his reasons. for not treating with Oswald upon that commission.-When he showed it to Dr. Franklin, the doctor owned the force of his reasonings; and that he had not attended to them before, or he should not have so readily fallen in with the opinion of the Erench minister, Mr. Jay kept up a friendly correspondence with Mr. Adams, one of his fellow commissioners, and acquainted him with the state of affairs. They judged alike; and Mr. Adams deter-, mined not to leave Holland and repair to Paris, till Mr.. Oswald. had a different commission

Mean while Mr. Adams employed himself in negociating treaty of amity and commerce, between the States General of the United Netherlands, and the United States of America, which was concluded on the 8th of October.. The 10th article provides, that the vessels of either party, not having contraband goods for an enemy's port, may freely pursue their voyage; and that it shall not be required to examine the papers of vessels convoyed by men of war, but credence shall be given to the word of the offi cer conducting the convoy. The 24th sets forth, that under the denomination of contraband and merchandises prohibited, shall be comprehended only warlike stores and arms, as also soldiers, horses, saddles and furniture for horses. All other effects and merchandises, and even all sorts of naval matters, however proper they may be for the construction and equipment of vessels of war or for the manufacture of one or other sort of machines of war by land or sea, shall not be judged contraband; and may be transported from and to places belonging to the enemy, those - only excepted which are nearly surrounded by some of the bel ligerent powers.

... Mr. Jay and Mr. Oswald often conversed freely with each o ther, notwithstanding the objection made to the British commis

sion; and without letting either the French minister or Dr. Franklin know of it, prepared all things as far as possible for treating officially whenever a new commission should be received. On the 10th of September, Mr. Jay had put into his hands the following copy of a translation of a letter to count de Vergenness No 225. Philadelphia, March 13, 1712. Sir, gen. Greene affirms, that in no one state is attachment to independency carried to a higher pitch, than in South-Carolina: but that this affection is yet exceeded by the hatred borne to England. Mr. Mathews, governor in the room of Mr. Rutledge, has communicated to per sons of the most influence in his state, the ultimatum of the month of last, who approved of the clauses in general, and particularly that one which leaves the king master of the terms of the treaty of peace or truce, excepting independence and the treaties of commerce and alliance. Mr. S. Adams is using all his endeavors to raise in the state of Massachusetts a strong opposition to peace, if the eastern states are not thereby admitted to the fisheries and particularly to that of Newfoundland. Mr. Adams delights in trouble and difficulty. He could not have used a fit ter engine than the fisheries, for stirring up the passions of the eastern people and renewing the question that had lain dormant during his two years absence at Boston. The reigning toast in the east is-May the United States ever maintain their right to the fisheries! It would be dangerous informing the people through the public papers. The king however may cause to be intimated to congress or the minister, his surprise that the Newfoundland fisheries have been included in the additional instructions; that the United States set forth therein pretensions without paying regard to the king's rights, and without considering the impossibility of their making conquests, and keeping what belongs to Britain His majesty night cause a promise to be given to congress of his assistance for procuring admission to the other fisheries, declaring however that he would not be answerable for the success, and that he is bound to nothing, as the treaty makes no mention of that article. The declaration being made before the peace, the hopes of the people could not be supported, nor could it one dayhereafter be said, that we left them in the dark on this point It were to be wished, that this declaration should be made,. while New-York, Charleston and Penobscot are in the enemy's. hands. There are some judicious persons to whom we may speak of giving up the fisheries, and the lands of the west for thes sake of peace; but there are enthusiasts who fly out at this idea. and their numbers cannot fail of increasing when the English. are expelled. The division is nearly equal in congress and among

among the states; and our influence can incline the beam, either for peace or war, whichever we may choose. Let his majesty likewise cause a memorial to be delivered to congress, wherein should be stated the use made by ministers of the powers intrusted to them by that assembly, and the impediments which may have stood in the way of a fuller satisfaction on every point. It is remarked by some, that as England has other fisheries beside Newfoundland, she may perhaps endeavor that the Americans should partake in that of the grand bank, in order to conciliate their affection, or procure them some compensation, or create a subject, of jealousy between them and us; but it does not seem likely, that she will act so contrary to her own interest, and was she so to do, it will be for the better to have declared at an early period to the Americans, that their pretension is not founded, and that his majesty does not mean to support it. Barbe Marbois.”

Mr. Jay told Mr. Oswald-"If Lord Shelburne means to have the United States, friends, as he cannot have them for subjects, their independence must be acknowledged in the beginning. While their independence is not acknowledged directly or indirectly, they will be obliged by the treaty to continue annexed to France till such acknowledgement is made, and so to fight the battles and promote the views of France. Independence must be acknowledged, that so the Americans may be separated from France and a peace be accomplished; and if they were not admitted to the fishery and the western lands, there will be continual bickerings, and a friendship be prevented." Oswald was at length convinced, by frequently discoursing with Jay, that a new commission must be granted. That all future objections and difficulties might be precluded, he desired Jay to give him a draught of one which should be fully to his satisfaction-this was done.

The first confidential secretary of count de Vergennes, drew up amemoir, which when Mr. Jay had perused, he was apprehensive that the French court would, at a peace, oppose the extension of the territory of the United States to the Missisippi, together with their claim to the free navigation of that river-would probably support the British claims to all the country above the 31st degree of latitude, and certainly to all the country north of the Ohioand that, if America should not agree to divide with Spain in the manner proposed by count D'Aranda, the French court would then aid Spain in negociating with Britain for the territory she wanted, and would agree that the residue should remain to Britain. The Spanish minister had proposed, that the western line of the United States should run from a lake near the confines of Georgia, but east of Flint river, to the confluence of the Cana

way

way with the Ohio, thence round the western shores of Lake E rie and Huron, and thence round Lake Michigan to Lake Superior. The propositions offered in the memoir by Mr. Rayneval, were supposed to be the sentiments of Vergennes. Mr. Rayneval left Paris. Mr. Jay learned from good authority, that on the morning of his departure, count D'Aranda had, contrary to his usual practice, gone with post horses to Versailles, and was two or three hours in conference with Vergennes and Rayneval, before the latter set out for England. All these facts taken together, Jay conjectured that Rayneval was sent to let lord Shelburne know that the demands of America to be treated, by Britain as independent, previous to a treaty, were not approved of or countenanced by the French court, and that the offer of Britain, to make that acknowledgment in an article of the proposed treaty was in the court's opinion sufficient-to sound his lordship on the subject of the fishery, and to discover whether Britain would a gree to divide it with France to the exclusion of all others-to impress his lordship with the determination of Spain to possess the exclusive navigation of the Gulph of Mexico, and of their desire to keep the Americans from the Missisppi, and also to hint the propriety of such a line as on the one hand would satisfy Spain, and on the other leave to Britain all the country north of the Ohio-and to make such other verbal overtures to his lordship as it might not be advisable to reduce to writing, and to judge from the general tenor of his lordship's answers and conversation, whether it was probable that a general peace, on terms agreeable to France, could be effected, that so an immediate stop might be put to the negociation, if that was not the case.

Mr. Jay upon this sent for Mr. V, and acquainted him that he must go over immediately to London. An express being instantly going off, Mr. V addressed a line to lord Shelburne, and desired his lordship to enter into no business with Mr. Rayneval, till V had first seen him. Jay gave Vall the information he wished to have communicated to his lordship, which being minuted down, V-proceeded the next day for London. Soon after his arrival, the new commission was issued, and Mr. Oswald was empowered to treat with the United States as actually independent, and with their commissioners only, When Mr. Adams was informed of it, he left Holland. He ar rived at Paris on the 26th of October; and as soon as possible waited upon Mr. Jay. A plan was settled between them, how to proceed in the negociation. When Dr. Franklin afterward joined them, Mr. Adams told him, that he and Mr. Jay had determined to negociate with Mr. Oswald without consulting or

being advised by count de Vergennes. The doctor made no re ply to it; but the next morning told them that he would act with them in that way.

Mr. Rayneval being in company with them after his return to Paris, asked them what they demanded as to the fisheries; and was answered-"We insist on enjoying a right in common to them with Britain." The other intimated that their views should not extend further than a coast fishery; and insinuated that pains had lately been taken in the eastern states, to excite their apprehensions and increase their demands on that head. He was told that such a right was essential to them, and that their people would not be content to make peace without it. Dr. Franklin explained very fully the importance of the fisheries to the eastern states in particular. Rayneval then softened his manner, and observed, that it was natural for France to wish better to the United States than to England, but as the fisheries were a great nursery for seamen, they might suppose England would be disinclined to let others share in it, and that for his part, he wished there might be as few obstacles to a peace as possible. He reminded them also, that Mr. Oswald's new commission had been issued posterior to his arrival at London.

The fisheries labored for some time. The British ministry were for excluding the Americans from fishing within three leagues of any of the coasts belonging to Britain, and within fifteen of Louisburgh. Mr. Adams told Mr. Oswald, that the New-England states had no staple without the fishery--that the fisheries en tered into all their trade-that were they excluded from them, the British would not be benefited by it, for the French would get the trade that Britain would have nothing to fear from a number of American sailors at such a distance, whatever they might have from the French, who were near-that the fishermen would break through such limits, whatever care might be used to prevent it, which might prove a bone of contention, and bring on another war after a few years. Mr. Oswald made a great diffi culty about acknowledging the right of the Americans to the fisheries; and was for inserting the word liberty. After a while Mr. Adams said-"They have a right every way. The banks are only so many leagues from the Americans, but they are so many from the Europeans; if the latter have a right by nature, certainly the former have. We have fought together with the EngJish in their wars for the enjoyment of them, and with them we have possessed them; and therefore we have a full right." The word right was agreed to be inserted in the treaty. The article of the fishery cost the American commissioners all the industry,

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