DOCUMENTS BEARING ON TREATY OF 1783. 125 



The Refugees are of great importance; but, if the Province of 

 Maine be left to Nova Scotia, and the Americans can be brought to 

 join us in regard to West Florida, there are resources which may 

 satisfy them, but the debts require the most serious attention that 

 honest debts may be honestly paid in honest money no Congress 

 money. 



Some security as to American courts of justice, in lieu of their right 

 of appeal, which subsisted when the debts were contracted. 



No. 79. 1788, October 21: Letter, Lord Shelbume to Mr. Oswald. 



Private. 



SHELBUBNE HOUSE 21 Oct. 1782 

 RICHARD OSWALD Esqr. 



DEAR SIR I am to acknowledge your letters of the 19th September 

 and llth October upon the subject of Mr. Laurens 



I trust and hope you are better founded in your judgment of the 

 American Commissioners now at Paris. I am disposed to expect 

 everything from Dr. Franklin's comprehensive understanding and 

 character; and, as I know nothing to the contrary, I am open to every 

 good impression you give us of Mr. Jay. But as you desire to be 

 assisted by my advice, I should act with great insincerity, if I 

 did not convey to you that I find it difficult, if not im- 

 76 possible, to enter into the policy of all that you recommend 

 upon the subject both of the fishery and the boundaries, and 

 of the principle which you seem to have adopted of going before the 

 Commissioners in every point of favour or confidence. The maxim 

 is not only new in all negotiations; but I consider it as no way 

 adapted to our present circumstances, but as diametrically opposite 

 to our interests in the present moment. 



Supposing the Colonies to return to the state they were in in 1763, 

 I consider it as of the utmost importance to keep the fishery as distinct 

 as possible, to avoid the numberless disputes which occurred perpetu- 

 ally before the present war ; but the separation on the point of taking 

 place, makes it indispensable for the welfare of both countries, to 

 prevent future contention. 



In regard to the refugees, I speak of the mass of them, avoiding 

 to enter into particular odious cases, which must always occur in 

 such great concussions; Can there in nature be anything more rea- 

 sonable than to insist on the justice due to them? Nor can a single 

 argument be offered against it, except what you urge of the particu- 

 lar situation of the Commissioners acting under Thirteen Provinces 

 with different interests, and in fact no common centre. To remedy 

 this, the matter of the boundaries and back lands naturally presents 

 itself. Independently of all the nonsense of charters I mean when 

 they talk of extending as far as the sun sets the soil is, and has 

 always been, acknowledged to be the King's. For the good of 

 America, whatever the Government may be. new provinces must be 

 erected on those back lands and down the Mississippi ; and supposing 

 them to be sold, what can be so reasonable as that part of the produce, 

 where the King's property alone is in question, should be applied in 



