156 APPENDIX TO BRITISH COUNTER CASE. 



You were, before you set out, so well apprised of the points, which 

 would be insisted upon, as well as what might, if absolutely neces- 

 sary, be given up, that it would be taking up uselessly the time of 

 both of us to enlarge upon these subjects. 



A great many of the alterations are merely in the form of the 

 articles, and in the wording of them ; to these surely there can be no 

 objection, for I suppose the Commissioners will think that in point 

 of form this treaty should be like all others. 



The defence which they make upon some points can not be allowed, 

 as it would be impossible to negotiate with those, who have not power 

 to treat upon points which must have been foreseen as subjects of 

 discussion, and in which the honour of this country is deeply en- 

 gaged. I might add at the same time, that I think both the repu- 

 tation and real interest of the Americans equally at stake, but of 

 those matters it is their business to take care. 



Their powers appear as full as those with which the King has 

 been pleased to invest Mr. Oswald ; and in some instances, the debts, 

 for example, they have made use of them upon subjects, in which 

 the Provincial Legislatures are concerned. I need hardly in this 

 place caution you, however, not to make use of that argument in such 

 a manner as to induce them to retract what they have agreed to upon 

 the subject of the debts. 



But if they persist in affecting to have no power to treat on these 

 subjects, you will intimate to them in a proper manner, that they 

 are driving us to a necessity of applying directly to those who are 

 allowed to have the power of negotiating on them; and that the 

 failure of the treaty, which we have most sincerely endeavoured on 

 our part to bring to a conclusion, will be entirely at their door. 



The provisions regarding the debts being exactly in the terms 

 which they proposed, we apprehend there can be no difficulty on that 

 subject. I must here observe, that the article now proposed for 

 restitution is formed exactly upon the same model. The argument, 

 therefore, on the ground of want of power, cannot, as I have already 

 remarked, be very consistently urged; but you will observe the 

 necessary discretion in pressing that point. 



With regard to the other objection stated by the American Com- 

 missioners, that the confiscated lands have since passed through a 

 variety of hands, that is effectually obviated by a proposal, which 

 you are authorised to make of an offer of the payment of the bond 

 fide purchase money to the real purchaser. 



You will observe that in the article of restitution the words rights 

 and properties are added to the word estates, by which it is meant 

 to protect the proprietary interests in America derived under the 

 most solemn charters. It is very desirable, that you should by 

 every possible argument insist upon this addition, but at the same 

 time it must be left to your discretion to waive it in the end if abso- 

 lutely necessary. 



You will perceive in the draft another modification suggested 

 by a letter from General Leslie, enclosing one from Mr. Mathew. 

 the American Governor of Carolina. This modification is to be 

 added to any of the others according as either of them may be 

 accepted. 



You will observe some addition made to the article of the fishery. 

 The words are extracted from the article of the Treaty of Paris 



