153 



the public archives is wanting to show that De M;irbois "disclosed the 

 real wishes of his government ;" that Mr. Fitzherbert was jusliiied in 

 his (leclnr;ilions lo ^fr. Achinis; or that M. Raynevnl uttered tlie senti- 

 ments ot" liis ])rincipal. Yet our commissioners, embarrassed on every 

 h;md, were driven to the expedient of disobeying the directions of Con- 

 gress, as to concluding peace without the consent of their ally, and of 

 ])roceeding upon their own responsibility. The relative merits of these 

 distinguished men, in securing the rights in question, has been a matter 

 ot" some discussion; and P'ranklin has been charged openly and fre- 

 quently with criminal lukewarniness. Mr. Jay, expressly and by letter, 

 relieves the philosopher from this imputation, and commends his zeal; 

 and I am satisfied that wlioever examines the facts of the case will find 

 no ground for the accusation. All did their duty, and the whole of it. 

 And yet, upon Mr. Adams, as a resident of Massachusetts, and as better 

 acquainted with the importance of the fisheries than his associates, the 

 principal labor of" m(M>ting the British arguments appears to have de- 

 volved. 1 can in truth imagine no bolder line of conduct than he 

 adopted; and to condense his principal observations, as preserved by 

 himself in his journal, will be sulhcient to show the dilHculties that 

 were actually overcome during the negotiations. 



In noting a conference with the British commissioners, he says that 

 "the affair of the fishery was somewhat altered. They could not 

 admit us to dry on the shores of Nova Scotia, nor to fish within three 

 leagues of the coast of Cape Breton. I could not help observing that 

 these ideas appeared to me to come j)'iinn(r-hot from VenaUlesy 



On another occasion, and when a "whole day had been spent in dis- 

 cussions about the fishery and the tories," and in reply to a proposition 

 from the opposing mission, to leave out of the ti'eaty the word "/-/gA?," 

 and insert, instead thereof, the term " /i^e/V?/," he rose, and in the direct 

 and vehen:ent manner which characterized him through life, thus spoke: 

 " (Gentlemen, is there, or c;au there be, a. clearer r/g/// / In i()rmer treaties, 

 that of Utr(x-lit and thatof i*aris, France and Fnglandiiave claimed the 

 right, and used the icord. When God Almighty made the Banks of iSew- 

 foimdland at tliree hundred leagues distance from the people of America, 

 and six hundred leagues from those of France and England, did he not 

 give as good a right to the former as to the latter"? If Heaven in the crea- 

 tion gave a rights it is ours at least as much as yours. If"occupati()n, use, 

 and possession give a right, we have it as clearly as you. Jj'ivar, and blood, 

 and treasure, give a right, ours is as good as yours. fFe," continued he, in 

 the same eloquent strain, ^^hare constaiithj brcnfgliting in Canada, Cape 

 lirctnn, and Sora Sa)tia,for tite defence of (his Jisheri/, and hare expended, 

 1)1 ijtind all jirojiortion, nuire than i/on. II, then, the right cannot be denied, 

 why should it not b(! acknowledged and ])iU, out of dispute? ^^ hy 

 should we leave room for illiterate fishermen to \\iaiiL;le and eliieaneV" 



Mr. Fitzherbert, a. memi)er of the Briii-li eouiinission, conti'ssed that 

 flKi reasons of Mr. Adams were good, "The arnimient," said he, "is 

 in 3^f)ur fiivor; but Oswald's instructions are such, that 1 do not see 

 how he can agrei^ with us." Nor was there an agreement, until Mr. 

 Adams pushed the "argument"' to the point of an ultinidt/nn. Finding 

 that if the treaty contaiiuHl an^i pi-o\i<ioii on tlu; subject, it must Ix; in 

 the lorm presented by our commission, the British mission endeavored 



