164 APPENDIX TO BRITISH COUNTER CASE. 



on these heads; that Marbois appeared now to be pursuing the same 

 objects. Franklin said, he had seen his letter. I said I was the more 

 surprised at this, as Mr. Marbois, on our passage to America, had 

 often said to me, that he thought the fishery our natural right and our 

 essential interest, and that we ought to maintain it, and be supported 

 in it; yet that he appeared now to be mano3uvring against it; I told 

 him that i always considered their extraordinary attack upon me, not 

 as arising from any offence or anything personal, but as an attack 

 upon the fishery; there had been great debates in Congress upon 

 issuing the first commission for peace, and in settling my instructions; 

 that I was instructed not to make any treaty of commerce with 

 Britain without an express clause acknowledging our right to the 

 fishery; this Court knew that this would be, when communicated to 

 the English, a strong motive with them to acknowledge our right; 

 and, to take away this, they had directed their intrigues against me, 

 to get my commission annulled, and had succeeded ; they hoped also 

 to gain some advantage in these points by associating others with me 

 in the commission for peace; but they had failed jn this; for the Mis- 

 sissippi and fishery were now much more secure than if I had been 

 alone; that debates had run very high in Congress; that Mr. Drayton 

 and Gouverneur Morris had openly espoused their plan, and ( a ) 

 argued against the fishery; that Mr. Laurens and others of the 



Southern gentlemen had been stanch for them, and contended 

 99 that, as nurseries of seamen and sources of trade, the Southern 



States were as much interested as the Northern; that debates 

 bad run so high, that the Eastern States had been obliged to give in 

 their ultimatum in writing, and to say they would withdraw if any 

 more was done; and that this point was so tender and important, that 

 if not secured, it would be the cause of a breach of the union of the 

 States; and their politics might, for what I knew, be so profound as 

 to mean to lay a foundation for a rupture between the States, when, 

 in a few years, they should think them grown too big; I could see no 

 possible motive they had, to wish to negotiate the Mississippi into the 

 hands of Spain, but this; knowing the fine country in the neighbor- 

 hood, and the rapidity with vhich it would fill with inhabitants, they 

 might force their way down the Mississippi and occasion another war; 

 they had certainly sense enough to know, too, that we could not, and 

 would not, be restrained from the fishery; that our people would be 

 constantly pushing for it, and thus plunge themselves into another 

 war, in which w r e should stand in need of France; if the old Ministry 

 in England should come in again, they would probably join this Court 

 in attempting to deprive us; but all would not succeed; we must be 

 firm and steady, and should do very well. "Yes," he said, "he be- 

 lieved we should do verv well, and carry the points." 



* * ' * * * * * 



Mr. Jay agreed with me in all I had said, and added, that six days 

 would produce the King's speech ; if that speech should inform Parlia- 

 ment that he had issued a commission to treat with the United States, 

 and the two houses should thank him for it, it would look as if a good 

 plan was to prevail ; but if not, we should then take measures to com- 

 municate it tar and wide. 



a Note in the margin by the author: "A mistake, as Mr. Jay tells me." 



