DOCUMENTS BEARING ON TREATY OF 1783. 173 



beyond all proportion more than you; if then the right can not be 

 denied, why should it not be acknowledged, and put out of dispute ? 

 Why should we leave room for illiterate fishermen to wrangle and 

 chicane ? 



Mr. Fitzherbert said, the argument is in your favor. I must 

 confess your reasons appear to be good ; but as Mr. Oswald's instruc- 

 tions were such that he did not see how he could agree with us ; and, 

 for my part, I have not the honor and felicity to be a man of that 

 weight and authority in my country that you, gentlemen, are in yours 

 (this was very genteelly said) ; I have the accidental advantage of 

 a little favor with the present minister, but I can not depend upon 

 the influence of my own opinion, to reconcile a measure to my 

 countrymen. We can consider ourselves as little more than pens in 

 the hands of Government at home, and Mr. Oswald's instructions 

 are so particular. 



I replied to this: The time is not so pressing upon us but that we 

 can wait till a courier goes to London with your representations upon 

 this subject, and others that remain between us, and I think the min- 

 isters must be convinced. 



Mr. Fitzherbert said, To send again to London, and have all laid 

 loose before Parliament, was so uncertain a measure it was going to 

 sea again. 



Upon this, Dr. Franklin said, that if another messenger was to be 

 sent to London he ought to carry something more respecting a com- 

 pensation to sufferers in America. 



He produced a paper from his pocket, in which he had drawn up 

 a claim, and he said the first principle of the treaty was equality and 

 reciprocity. Now, they demanded of us payment of debts, and resti- 

 tution, or compensation to the refugees. If a draper had sold a piece 

 of cloth to a man upon credit, and then sent a servant to take it from 

 him by force, and after bring his action for the debt, would any 

 court of law or equity give him his demand, without obliging him to 

 restore the cloth? Then he stated the carrying off of goods from 

 Boston, Philadelphia, and the Carolinas, Georgia, Virginia, &c., and 

 the burning of the towns, &c., and desired that this might be sent 

 with the rest. 



Upon this, I recounted the history of General Gage's agreement 

 with the inhabitants of Boston, that they should remove with their 

 effects, upon condition that they would surrender their arms; but 

 as soon as the arms were secured, the goods were forbid to be carried 

 out, and were finally carried off in large quantities to Halifax. Dr. 

 Franklin mentioned the case of Philadelphia, and the carrying off 

 of effects there, even his own library. Mr. Jay mentioned several 

 other things, and Mr. Laurens added the plunders in Carolina, of 

 negroes, plate, &c. 



After hearing all this Mr. Fitzherbert, Mr. Oswald, and Mr. 

 Strachey retired for some time, and returning, Mr. Fitzherbert said 

 that, upon consulting together and weighing every thing as maturely 

 as possible, Mr. Strachey and himself had determined to advise 

 Mr. Oswald to strike with us, according to the terms we had pro- 

 posed as our ultimatum, respecting the fishery and the loyalists. 

 Accordingly we all sat down and read over the whole treaty and 

 corrected it, and agreed to meet to-morrow at Mr. Oswald's nouse 



