15a 



the public archives is wanting to show that De Marbois "disclosed the 

 real wishes of his government;" that Mr. Fitzherbert was justified in 

 his declarations to Mr. Adams; or that M. Rayneval uttered the senti- 

 ments of his principal. Yet our commissioners, embarrassed on every 

 hand, were driven to the expedient of disobeying the directions of Con- 

 gi-ess, as to concluding peace without the consent of their ally, and of 

 proceeding upon their own responsibility. The relative merits of these 

 distinguished men, in securing the rights in question, has been a matter 

 of some discussion; and Franklin has been charged openly and fre- 

 quently with criminal lukewarmness. Mr. Jay, expressly and by letter, 

 relieves the philosopher from this imputation, and commends his zeal; 

 and I am satisfied that whoever examines the facts of the case will find 

 no ground for the accusation. All did their duty, and the whole of it. 

 And yet, upon Mr. Adams, as a resident of Massachusetts, and as better 

 acquainted witli the importance of the fisheries than his associates, the 

 piincipal labor of meeting the British arguments appears to have de- 

 volved. I can in truth imagine no bolder line of conduct than he 

 adopted ; and to condense his principal observations, as preserved by 

 himself in his journal, will be sufhcient to show the difficulties that 

 were actually overcome during the negotiations. 



In noting a conference with the British commissioners, he says that 

 "the affair of the fishery was somewhat altered. They could not 

 admit us to dry on the shores of Nova Scotia, nor to fish within three 

 leagues of the coast of Cape Breton. I could not help observing that 

 these ideas appeared to me to come jyijnnor-hot from Versailles.'''' 



On another occasion, and when a " whole day had been spent in dis- 

 cussions about the fisliery and the tories," and in reply to a proposition 

 from the opposing mission, to leave out of the treaty the word "Wo-A/:," 

 and insert, instead thereof, the term "Zi^tr/y," he rose, and in the direct 

 and vehement manner which characterized him through life, thus spoke: 

 " Gentlemen, is there, or can there be, a clearer r'lglit ? In former treaties, 

 that of Utrecht and that of Paris, France and England have claimed the 

 right, and used the word. When God Almighty made the Banks of New- 

 foundland at three hundred leagues distance from the people of America, 

 and six hundred leagues from those of France and England, did he not 

 aive as ffood a ri^lit to the former as to the latter ? If Heaven in the crea- 

 tion gave a right, it is ours at least as much as 3^ours. If occupation, use, 

 and possession give a right, we have it as clearW as you. If war, and blood, 

 and treasure, glee a right, ours is as good as yours. TFe," continued he, m 

 the same eloquent strain, '■'-have constantly been fighting in Canada, Cape 

 Breton, and Nova Scotia, for the defence of this fishery, and liavc expended, 

 beyo)id(/ll proport'wn, more than you. If", then, the right cannot be denied, 

 why shouhl it not be acknowledged and put out of dispute? Why 

 should we leave room for ilUterate fishermen to wrangle and chicane?" 



Mr. Fitzherbert, a member of the British commission, confessed that 

 the reasons of Mr. Adams were good. "The argument," said he, "is 

 in 5'our favor; but Oswald's instructions are such, that I do not see 

 how he can agree with us." Nor was there an agreement, until Mr. 

 Adams pushed the "argument" to the point of an ultimatmn. Finding 

 that if the treaty contained any provision on the subject, it must be in 

 the form presented by our commission, the British mission endeavored 



