PERTAINING TO NEGOTIATION OF TREATY OF 1783. 223 



able to the true construction of the treaties of Utrecht and Paris, 

 and that if the English did not now admit the exclusive construction, 

 they could not contend for it against us. We had only contracted 

 not to disturb them, &c. I said it was the opinion of all the fishermen 

 in America that England could not prevent our catching a fish with- 

 out preventing themselves from getting a dollar; that the first fare 

 was our only advantage; that neither the English nor French could 

 have it; it must be lost if we had it not. He said he did not think 

 much of the fishery as a source of profit, but as a nursery of seamen. 

 I told him the English could not catch a fish the more or make a 

 sailor the more for restraining us; even the French would rival them 

 in the markets of Spain and Portugal. It was our fish they ought to 

 call their own. because we should spend the profit with them: that 

 the Southern States had staple commodities, but New England had 

 no other remittances than the fishery, no other way to pay for their 

 clothing; that it entered into our distilleries and West India trade, 

 as well as our European trade, in such a manner that it could not be 

 taken out or diminished without tearing and rending; that if it 

 should be left to its natural course we could hire or purchase spots 

 of ground on which to erect stages and building, but if we were 

 straitened by treaty that treaty would be given in instructions to 

 governors and commodores, whose duty it would be to execute it; 

 that it would be very difficult to restrain our fishermen, they would 

 be frequently transgressing and making disputes and troubles. 



He said his principal object was to avoid sowing seeds of future 

 wars. I said it was equally my object, and that I was persuaded that 

 if the germ of a war was left anywhere there was the greatest danger 

 of its being left in the article respecting the fishery. The rest of the 

 day was spent in end!"— discussions about the Tories. Dr. Franklin 

 baunch against them, more decided a great deal on this point 



than Mr. Jay or myself. 



******* 



NOVEMBEB 29. 



Met Mr. Fitzherbert, Mr. OsAvald, Mr. Franklin, Mr. Jay, Mr. 

 Laurens and Mr. Strachey, at Mr. Jay's Hotel d'Orleans, and spent 

 the whole day in discussions about the fishery and the Tories. I 

 proposed a new article concerning the fishery; it was discussed and 

 turned in every light, and multitudes of amendments proposed on 

 each side, and, &i last, the article drawn as it was finally agreed to. 

 I ■ other English gentlemen being -wit hd fawn upon some occasion, I 

 a iked Mi'. Oswald if lie could not con ent to leave out Hie limitation 



of three league-- from all their shore-', and the fifteen from those of 



Louisbourg. 



lie Baid. in his own opinion, he was for it : bul his instructions were 



guch that he could not do it. I p< TCeived by this, and by Several in- 

 cident- and little circumstances before, which I had remarked to my 

 colleague . v. ho were much of ' he same opinion, that Mr. < )swald had 

 an it, traction not to ettle the articles of the fishery and refuge 

 without the concurrence of Mr. Fitzherberl and Mr. Strachey. 



Upon the return of the other gentlemen, Mr. Strachey proposed to 

 leave oul the word right of fishing, and make it liberty. Mr. Fitz- 

 herberl Baid the word right was an obnoxious expression. Upon this 

 I rose up and said, gent lemen, is there or can there be a clearer right? 



