258 APPENDIX TO BRITISH COUNTER CASE. 



violated the spirit of those instructions in offering the means of exer- 

 cising that influence with still greater facility and effect than could 

 result from that liberty. 



What was there in the fishing liberty, either of gain to us, or loss to 

 Great Britain, to warrant, in consideration of it, a grant to her of 

 such means of fraud and annoyance? What justice or equality was 

 there in exposing to all the horrors of savage warfare the unoffending 

 citizens of an immense tract of territory, not at all benefited by the 

 fishing privilege, merely to provide for the doubtful accommodation 

 of a few fishermen, in a remote quarter, entirely exempt from the 

 danger? 



Such have been the reasons which induced me to differ from a ma- 

 jority of my colleagues with regard to the article in question, and 

 which I trust will be thought sufficient, at least, to vindicate my 

 motives. 



The unfeigned respect which I feel for the integrity, talents, and 

 judgment of those gentlemen, would restrain me from opposing them 

 on slight grounds, and a deference for their opinions makes me 

 almost fear that I have erred in dissenting from them on the present 

 occasion. I can but rejoice, however, that the article, as proposed by 

 us, was rejected by Great Britain; whatever were her reasons for re- 

 jecting it; whether, as above suggested, she suspected some tacit 

 reservation, or want of faith on our part, or supposed, from the price 

 we at once bid for the fishing privilege, that we overrated its value, 

 and might concede for it even more than the navigation of the Missis- 

 sippi, with all its accessory advantages. 



We are still at liberty to negotiate for that privilege in a treaty of 

 commerce, should it be found expedient, and to offer for it an equiva- 

 lent, fair in its comparative value, and just in its relative effects. In 

 any other way, I trust, we shall not consent to purchase its renewal. 



I have the honor to be, with profund respect, 



Sir, your faithful and obedient servant, JONA. KUSSELL. 



My argument to demonstrate the abrogation of the treaty of 1783, 

 by the present war, and the consequent discontinuance of the fishing 

 privilege, will, I trust, not be ascribed to any hostility to those who 

 are interested in that privilege. I have been always ready, and am 

 still ready, to make every sacrifice for the preservation of that 

 156 privilege which its nature and utility can justify; but I have 

 conscientiously believed that the free navigation of the Missis- 

 sippi was pregnant with too much mischief to be offered indirectly 

 under our construction of the treaty, or directly, as a new equivalent 

 for the liberty of taking and curing fish within the British jurisdic- 

 tion. 



We had three other ways of proceeding : 



First. To contend for the indestructibility of the treaty of 1783, 

 thence inferring the continuance of the fishing privilege, without 

 saying anything about the navigation of the Mississippi, which 

 would have reserved our right of contesting this navigation on the 

 grounds I have mentioned, specially applicable to it. 



Secondly. To have considered the treaty at an end, and offered a 

 reasonable equivalent, wherever it might be found, for the fishing 

 privilege. 



