124 APPENDIX TO BRITISH COUNTER CASE. 



cans wherever they might formerly exercise it while united with 

 Great Britain. By another the citizens and subjects of each nation 

 are to enjoy the same protection and privileges in each other's ports 

 and countries, respecting commerce, duties, &c., that are enjoyed by 

 native subjects. The articles are drawn up very fully by Mr. Jay, 

 who, I suppose, sends you a copy; if not, it will go by the next 

 opportunity. If these articles are agreed to I apprehend little diffi- 

 culty in the rest. Something has been mentioned about the refugees 

 and English debts, but not insisted on, as we declared at once that 

 whatever confiscations had been made in America, being in virtue 

 of the laws of particular States, the Congress had no authority to 

 repeal those laws, and therefore could give us none to stipulate for 

 such appeal. 



Xo. 78. 1782, October 20: Lord Shelburne's Instructions to Mr. 



Henry Strachey. 



LORD SHELBURNE'S Instructions to me, written by him at Lord Grant- 

 ham's, and delivered to me there on Sunday, the 20th October, 

 1782. Present, Lord Shelburne, Mr. Townshend, Lord Grantham, 

 Mr. Orde. 



SUNDAY, THE 20rH OCTOBER, 1782. 



Urge our right to all Backlands, the claim of the Provinces having 

 been bounded by the Proclamation of 1763, and acquiesced in. 



Urge the right of the King to the soil under the Charters however 

 understood. 



Urge the French boundary of Canada. 



Urge the boundary established by the Quebec Act, which was ac- 

 quiesced in. 



Urge all this with a view to obtain some compensation for the 

 Refugees, either by a direct cession of territory in their favour, or 

 by engaging the half, or some proportion of what the back lands may 

 produce when sold, or a sum mortgaged on those lands, or at least a 

 favorable boundary of Nova Scotia, extending it if possible, so as to 

 include the Province of Maine; if that cannot be, the Province of 

 Sagadahock, or at the very least to include Penobscott. 

 Urge the just boundaries of West Florida. 



But, it is understood that if nothing of this can be obtained after 

 the fairest and most strenuous trials, it may be left to commissaries 

 to settle, and the American propositions accepted, leaving out the 

 right of drying fish on the Island of Newfoundland, and confining 

 them to what hitherto they have used, a drift -fishery; and expunging 

 all the last article except what regards the Mississippi, administra- 

 tion having no power as to the Act of Navigation. 



It must appear authentically ( J ) that every instance has been used 

 in favor both of the Refugees and of the debts prior and subsequent to 

 1775, and the most favorable terms obtained, impossible, in the way of 

 absolute and positive engagement ; if not. in the way of recognition. 

 Mr. Strachey to return as soon as possible. 



(') [Marginal note.] That is a signed answer. 



