178 APPENDIX TO BRITISH COUNTER CASE. 



abridged by this interference of the Americans to a greater extent in 

 this trade, we might come to suffer much more by what the Commis- 

 sioners insinuated, and indeed threatened, in case of a refusal, which 

 was to pass an Act of Navigation, by which, after a certain time, all 

 the ports of America should be shut against English ships, in so far 

 as the exportation of their produce should be concerned. 



And in the other view of the profits of the fishing trade, and our 

 being deprived of such part of it as the Americans would gain by this 

 admission, I was of opinion that, in leaving the fishing seaports in 

 the west of England, I would not have far to go inland, to be satisfied 

 that the loss by continuing the dispute sometime longer with the 

 Americans, or even laying the foundation of a nominal grudge, would, 

 ten times over, counter-balance the amount of the said loss; even sup- 

 posing that the conditions of those restraints could be enforced, by 

 keeping the Americans to their proper distances; which I am of 

 opinion would be difficult if not doubtful. Or if attempted by our 

 men-of-war on that station might be the means of bringing on quar- 

 rels of States, instead of being useful in preventing quarrels of fisher- 

 men, as one of the motives insisted on in justification of this refusal. 



Some time after our giving up this article, one of those gentlemen 

 came over to our lodging, and told us that if in this particular we had 

 made any stretch beyond the limits of our instructions, they would in 

 return do the same by theirs ; and instead of confining the payment of 

 debts to what preceded the year 1775, they would make all recoverable 

 that were contracted since that period. 



I have not to trouble you further on the subject, as Mr. Strachey 

 can so well inform you of every particular of the progress of it. I 

 will only beg leave, in so far as I was personally concerned, to express 

 my acknowledgment', and the sincere satisfaction I felt upon this 

 second appointment to that charge, which could not fail in relieving 

 my mind of the anxious concern I must have naturally experienced 

 upon the occasion; I had also the additional pleasure to promise upon 

 the public receiving every benefit, in. the conclusion of the business, 

 which could be expected from his ability and indefatigable attention 

 and assiduity, as to which any further information on my part would 

 be ill-placed and unnecessary, so that I have only to subscribe myself. 

 Sir Your most obedient and most humble servant 



RICHARD OSWALD. 



No. 113. 178%, November 30: Preliminam/ Articles of Treaty 'be- 

 tween Great Britain and the United States. 



ARTICLES agreed upon, by and between Richard Oswald Esquire, the 

 commissioner of His Britannic Majesty, for treating of peace with 

 the commissioners of the United States of America, in behalf of his 

 said Majesty, on the one part; and John Adams, Benjamin Frank- 

 lin, John Jay, and Henry Laurens, four of the commissioners of the 

 said States, for treating of peace with the commissioner of his 

 said Majesty, on their behalf, on the other part. To be inserted in, 

 and to constitute the treaty of peace proposed to be concluded, 

 between the Crown of Great Britain, and the said United States; 



