162 APPENDIX TO BRITISH COUNTER CASE. 



more agents or attorneys to recover and dispose of his said property ; 

 and such agents or attorneys to recover and dispose of his said 

 property ; and such agents or attorneys shall be entitled to and receive 

 the same protection and advantages as would be allowed to the claim- 

 ants themselves, were they to appear in person. 



Art. 8. The navigation of the River Mississippi, from its source 

 to the ocean, shall forever remain free and open to the subjects of 

 Great Britain and the citizens of the United States. 



No. 100. 1782, November 19: Extract from letter, Mr. Townshend 



to Mr. Oswald. 



. . . The alterations we have made in their project are such as I 

 am sure they must find upon reflection what they may assent to 

 consistently with what they have agreed to already, and as are in- 

 dispensably necessary to the honor and interest of this country. 



I must therefore assure you that it is the unanimous resolution of 

 the Cabinet to adhere to the treaty now proposed, and I do not choose 

 to prognosticate the danger of the effects of the refusal of the Com- 

 missioners, or that spirit of conciliation which has now for some time 

 prevailed in this country, if it prevents the treaty being signed before 

 the meeting of Parliament. 



As Mr. Strachey is, as I said before, fully acquainted with the 

 opinion of the King's servants upon this head, I shall refer you to 

 him for all further particulars, and arguments. 



You are by the 6th Article of your instructions directed not to 

 proceed to the signature of any Act whatever with the Commission- 

 ers of the Colonies, without having received the King's special order 

 for that purpose. I am now therefore to signify to you that it is His 

 Majesty's pleasure that in the present state of this business with regard 

 to every article of the treaty, and any possible alteration or modifi- 

 cation, which may yet be washed by the American Commissioners 

 you should consult most confidentially with Mr. Strachey and Mr. 

 Fitzherbert. The recent personal intercourse of the former with 

 His Majesty's Ministers has put him in full possession of their 

 sentiments, and the minute acquaintance of the latter with the state 

 of the foreign negotiation will render his assistance of the greatest 

 advantage to you. Mr. Fitzherbert has from the beginning been 

 instructed to communicate with you on every point in which the two 

 treaties may affect each other. He has now particular instructions 

 to furnish you with every assistance towards the success of your 

 negotiation, which may be drawn from the present dispositions 

 98 of the Court of France to conclude a general peace; and if 

 either of the American Commissioners should, as there is great 

 reason to expect, agree to the articles of the treaty in the shape they 

 are now transmitted from hence, or if you and Mr. Fitzherbert and 

 Mr. Strachey should, on your joint consideration, be of opinion that 

 such alterations or modifications as they may propose are admissible, 

 I am to signify to you the King's special commands, that you should 

 in that case forthwith sign the articles so agreed upon between you 

 and the American Commissioners without waiting for any further 

 instructions or directions from hence. 



