58 



zardous to risk the peace on the qnestlon of the temporary posses- 

 sion of that small island, since the question of title was fully re- 

 served ; and it was, therefore, no cession of territory. 



On the subject of the fisheries, within the jurisdiction of Great 

 Britain, we have certainly done all that could be done. If, accord- 

 ing to the construction of the treaty of 1783, which we assumed, 

 the right was not abro<^ated by the war, it remains entire, since we 

 TOOst explicitly refused to renounce it, either directly or indirectly. 

 In that case, it is only an unsettled subject ot difference between 

 the two countries. If the right must be considered as abrogated by 

 the war, we cannot regain it without an equivalent. We had none 

 to give but the recognition of their right to navigate the Mississippi, 

 and we offered it. On this last supposition, this right is also lost 

 to them ; and, in a general point of view, we have certainly lost 

 nothing. But we have done all that was practicable in support of 

 the right to those fisheries — 1st, by the ground we assumed, re- 

 specting the construction of the treaty of 1783 — 2d, by the offer to 

 recognise the British right to the navigation of the xVIississippi — 

 3dly, by refusing to accept from Great Britain both her implied re- 

 nunciation of the right of that navigation, and the convenient bound- 

 ary of 49 degrees, for the whole extent of our and her territories, 

 west of the Lake of the Woods, rather than to make an implied 

 renunciation, on our part, to the right of America to those particu- 

 lar tishenes. 



I believe that Great Britain is very desirous of obtaining the 

 northern part of Mairie, say from about 47 degrees north latitude, 

 to the northern extremity of that district, as claimed by us. They 

 hope that the river, which empties into the Bay des Chaieurs, in 

 the Gulf of St. Lawrence, has its source so far west as to intervene 

 between the head waters of the river St. John's, and those of the 

 streams emptying into the river St. Lawrence ; so that the line north 

 from the source of the river St. Croix will lirst strike the heights 

 of land which divide the waters emptying into the Atlantic Ocean 

 (river St. John's) from ihose emptying into the Gulf of St. Law- 

 rence, (river des Chaieurs,) and afterwards the heights of land 

 which divide the waters emptying into the Gulf of St. Lawrence, 

 (river des Chaieurs,) from those emptying into the river St. Law- 

 rence ; but, that the said line never can, in the words of the treaty, ' 

 strike any spot of land actually dividing the waters emptying into 

 the Atlantic ocean, from those which fa'll into the river St. Law- 

 rence. Such will be the foundation of their disputing our claim 

 to the northern part of that territory ; but, feeling that it is not 

 very solid, I am apt to think that they will be disposed to offer the 

 whole of Passamaquoddy bay, and the disputed fisheries, as an 

 equivalent for the portion of northern territory, which they want, 

 in order to connect I^Jew-Brunswick and Quebec. This may ac- 

 count for their tenacity with respect to the temporary possession 

 of Moose Island, and ibr their refusing to accept the recognition of 

 their right to the navigation of the Missitisippi, provided they re- 

 cognise ours to the lishcries. 



