224 CORRESPONDENCE, ETC., PETOR TO TREATY OF 1818 



Tn 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 Newfoundland at three hundred leagues 

 distance from the people of America, and at six hundred leagues 

 distance from those of France and England, did He not give as good 

 a right to the former as to the latter? If Heaven, in the creation, 

 gave a right, it is ours at least as much as yours. If occupation, use, 

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

 blood and treasure give a right, ours is as good as yours. 



We have been constantly fighting in Canada, Cape Breton, and 

 Nova Scotia, for the defence of this fishery, and have expended be- 

 yond all proportion more than you; if then the right can not be 

 denied, why should it not be acknowledged, and put out of dispute? 

 Why should we leave room for illiterate fishermen to wrangle and 

 chicane ? 



Mr. Fitzherbert said, the argument is in your favor. I must confess 

 your reasons appear to be good ; but as Mr. Oswald's instructions were 

 such that he did not see how he could agree with us ; and, for my part, 

 I have not the honor and felicity to be a man of that weight and 

 authority in my country that you, gentlemen, are in yours (this was 

 very genteelly said) ; I have the accidental advantage of a little favor 

 with the present minister, but I can not depend upon the influence of 

 my own opinion, to reconcile a measure to my countrymen. We can 

 consider ourselves as little more than pens in the hands of Govern- 

 ment at home, and Mr. Oswald's instructions are so particular. 



I replied to this : The time is not so pressing upon us but that we 

 can wait till a courier goes to London with your representations upon 

 this subject, and others that remain between us, and I think the 

 ministers must be convinced. 



Mr. Fitzherbert said, to send again to London, and have all laid 

 loose before Parliament, was so uncertain a measure it was going to 

 sea again. 



Upon this, Dr. Franklin said, that if another messenger was to 

 be sent to London he ought to carry something more respecting a 

 compensation to sufferers in America. 



******* 



After hearing all this Mr. Fitzherbert, Mr. Oswald, and Mr. 

 Strachey retired for some time, and returning, Mr. Fitzherbert said 

 that, upon consulting together and weighing every thing as maturely 

 as possible, Mr. Strachey and himself had determined to advise Mr. 

 Oswald to strike with us, according to the terms we had proposed 

 as our ultimatum, respecting the fishery and the loyalists. Accord- 

 ingly, we all sat down, and read over the whole treaty and corrected it, 

 and agreed to meet to-morrow at Mr. Oswald's house to sign and seal 

 the treaties, which the secretaries were to copy fair in the mean time. 



I forgot to mention that when we were upon the fishery, and Mr. 

 Strachey and Mr. Fitzherbert were urging us to leave out the word 

 rif/Iit, and substitute liberty, I told them at last, in answer to their 

 proposal to agree upon all other articles, and leave that of the fishery 

 to be adjusted at the definitive treaty, I said I never could put my 

 hand to any articles without satisfaction about the fishery; that Con- 

 gress had, three or four years ago, when they did me the honor to 

 give me a commission to make a treaty of commerce with Great/ 

 Britain, given me a positive instruction not to make any such treaty 



