35 [PRIVATE.I 



proposed by us, was rejected by Great Britain ; whatever were 

 her reasons for rejecting it ; whether, as above suggested, O'O) she 

 suspected some tacit reservation, or want of faith on our part, or sup- 

 posed, from the price we at once bid for the fishing privilege, that 

 we overrated its value, and might concede for it even more than 

 (171) the navigation of the Mississippi, with all its accessary advan- 

 tages. ^ . ^ - 



(172) We are still at liberty to negotiate for that privilege m a treaty of com- 

 merce, should it be found 'expedient, and to offer for it an equivalent, 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 honour to be, with profound respect. 



Sir, your faithful and obedieVt servant, 



JONA. RUSSELU 



Mr argument to demonstrate the abrogation of the treaty of 1783, by the pre- 

 sent war, and the consequent discontinuance of the fishing privilege, wiJl, I trust, 

 not be ascribed to any hostility to those who were interested in that privilege. I 

 have been always ready, and am still ready, to make every sacrifice for the pre- 

 servation of that privilege which its nature and utility can justify ; but I have 

 conscientiouslv believed that the free navigation of the Mississippi was pregnant 

 with too much mischief to be offered indirectly under our construction ot the 

 treaty, or directly, as a new equivalent for the liberty of taking and curing fish 

 within the British jurisdiction. 



We had three other ways of proceeding : . ,^no u • r 



First To contend for the indestructibility of the treaty of 1/ 8^, thence inter- 

 ing the continuance of the fishing privilege, without saying any thing 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 oftered a reasonable 

 equivalent, wherever it might be found, for the fishing privilege. 



Thirdly. To have made this liberty a sine qua non of peace, as embraced br 

 the principle of status ante bellum. 



To either of these propositions I would have assented, out I could not consent 

 to grant to revive the Biitish right to the navigation of the Mississippi,, in ordei 

 to procure or preserve the fishing lib^'ity. 



