DOCUMENTS BEARING ON TREATY OP 1783. 121 



treaty; with an exception only of the usual formalities of reference 

 to Commissions, &c. Also that, as to the point of ratification, so as 

 to establish peace, it must wait for our conclusion with France, as 

 you will please to observe is declared in the preamble. 



After considering the terms, as they stand in the treaty, I thought 

 there was no reason to object to the boundaries lines of the thirteen 

 States, excepting that there is a part of Nova Scotia cut off on the 

 Bay of Fundy. I called on Mr. Jay this morning, and found him 

 willing to set that matter to rights, so as the Massachusets Govern- 

 ment shall have no more of that coast than they had before the war. 

 He took his directions from maps, and they are not distinct, nor do 

 they agree in this matter. This is in the meantime referred, to be 

 afterwards properly adjusted. 



I next talked to him about the claim of drying fis.h on the Island of 

 Newfoundland, as not having been mentioned, or included in Dr. 

 Franklin's necessary articles. Mr. Jay said he put them into the 

 treaty to avoid an appearance of unneighbourly distinctions, and con- 

 sidering it as not material to us, there being room enough for both of 

 us, as well as for the French. But if we thought otherways, he would 

 not say but they might give it up, rather than we should be dissatis- 

 fied about it, believing their people would not much value the privi- 

 lege, and would in general choose to bring their fish to their own 

 coasts, as they used to do. 



On this subject, if I might speak my opinion, it is a question 

 whether we ought to insist on their exclusion, while the French enjoy 

 that conveniency : and on that account, although the Americans had 

 not desired a similar privilege, whether there would have been any 

 harm in offering it to them, since their exclusion would be always 

 attended with a grudge. 



In my last letters I advised that the value of the ungranted lands 

 in the several Colonies could not be saved as a fund at His Majesty's 

 disposal, as the Commissioners insisted that every property belonging 

 to the Crown must go with other rights within the Thirteen States. 

 In case, Sir, you should think it proper that I should press this mat- 

 ter farther, you will be pleased to let me know. At same time I must 

 confess that considering the little chance of success, and that I look 

 upon the treaty as now closed, I doubt whether it would be proper 

 to open it on this account. In any other case, one would not say so ; 

 but where there is no control on one side and circumstances press for 

 decision, perhaps it may be proper, if other things are right, not to 

 insist on a provision of this kind standing part of the treaty. At same 

 time, as a great sum may be raised out of this property, as well as out 

 of what is cut off from Canada, it would not be taken amiss by the 

 Commissioners, if it was submitted to their consideration and equity, 

 in a separate way from any determination regarding the treaty. 



A separate letter on that subject, laying claim to their justice and 

 good sense, in distinguishing a resignation of property no way con- 

 nected with those of legislation and governments, and intended for 

 the relief of unfortunate suffer.ers, may have some weight with the 

 several provinces in softening their resentment against some of those 

 people, and extending their indulgence to them accordingly in the 

 way of restitution or indemnification. But as I have said, if the 

 treaty is otherways approved of, I offer it as my humble opinion 

 that an expectation of this kind had best be suggested independently, 

 and sent me in a separate letter, to be laid before the Commissioners. 



