144 APPENDIX TO BRITISH COUNTER CASE. 



Enclosure No. 3: Newfoundland Fishery: Mr. StracTiey's proposal. 



That the people of the said United States shall continue to enjoy 

 unmolested the right of fishing on the Banks of Newfoundland, in 

 the manner they have hitherto used without anchorage, but by drift. 



Enclosure No. 4' Mr. Oswald's Observations respecting the Article of 



the Fishery. 



Since Mr. Adams came here the Commissioners have taken more 

 notice of the refusal of admitting their having the privilege of drying 

 in Newfoundland than I expected from what they told me at settling 

 the plan of Treaty which was sent to England. But at last, after a 

 great deal of conversation at different times on that subject, it was 

 agreed to be left out upon condition of their being allowed to dry 

 upon any of the unsettled parts of the coast of Nova Scotia, when 

 they happened to be so far from home as that their fish might run 

 some risk of being spoilt before they reached their own shores. 



Dr. Franklin said he believed it would be only on such occasions 

 that they would use that privilege, and even then, it would be only 

 for a partial drying and salting, so as to prevent the fish spoiling 

 before they went home and delivered them to their wives and children 

 to complete and finish the drying. 



He also said : " I observe as to catching fish you mention only the 

 banks of Newfoundland. Why not all other places, and amongst 

 others, the Gulf of St. Lawrence? Are you afraid there is not fish 

 enough, or that we should catch too many ; at the same time that you 

 know that we shall bring the greatest part of the money we get for 

 that fish to Great Britain to pay for your manufactures? " He 

 agreed it might be proper not to have a mixture of their people with 

 purs for drying on Newfoundland, but supposed there would be no 

 inconveniency in throwing on shore their fish for a few days on an 

 unsettled beach, bay, or harbour on the coast of Nova Scotia. 



I am sorry that I should have given occasion to so much trouble on 

 this head by trusting to what was said by the Commissioners, as not 

 being so positive in the matter, but what they would give up the point, 

 if objected to at home, and have now only to submit it to considera- 

 tion. Whether it will not be proper to allow of a drying in Nova 

 Scotia and also to let the clause regarding the catching of fish be so 

 expressed as not to appear as if we were afraid of the Americans 

 extending that branch of commerce as far as they incline to pursue 

 it. Since I really believe they will not like it, and that it will not be 

 an easy matter to restrain them if we should incline to do so. 



No. ^.1782, November 17: Extra-ct from letter, Mr. Jay to Mr. 



Livingston. 



PARIS, November 17, 1782. 

 ******* 



On the 25th of July, 1782, the King of Great Britain issued a 

 warrant [In the original the warrant is here given in full] fl or order 

 directed to his attorney, or solicitor-general. 



As printed in Rev. Dip. Corr., vol. vi, p. 14. 



