32 The Fishery Question. 



used at any time heretofore to fish." Up to 

 this point the British ministry had conceded. 

 They allowed territorial claims. They had 

 granted the Maine frontier and they had 

 virtually granted the Fisheries, but with refer- 

 ence to the indemnification of the loyalists, 

 the King, the Opposition and the Cabinet, 

 leaving out Shelburne, Pitt and Townsend, 

 united in the declaration that they would 

 rather continue the war than submit to a 

 Compromise. The English commissioners 

 wished the Americans to understand that this 

 was an ultimatum. The objection on the 

 part of the Americans that they were not em- 

 powered to treat on this subject, was met by 

 the insinuation that their full powers could 

 be proved in their instructions from Congress. 

 Shelburne added that the treaty in Its present 

 form would certainly be rejected by Parlia- 

 ment. Franklin's opposition to indemnifica- 

 tion had been constant and active, but he 

 recognized the truth of Shelburne's statement. 

 There was another conference between the 

 English commissioners and their government. 

 A new instrument was drawn and Fitz- 

 Herbert, of the Foreign Ofihce, became a mem- 

 ber of the English commission, to bring 



