1148 MISCELLANEOUS. 



about preserving our rights in the domains which they thus designed 

 to conquer. 



In 1778, the project was renewed. In the instructions to Franklin, 

 he was directed to urge upon the French court the certainty of ruining 

 the British fisheries on the Banks of Newfoundland, and consequently 

 the British marine, by reducing Halifax and Quebec. Accompanying 

 his instructions was a plan for capturing these places, in which the 

 benefits of their acquisition to France and the United States were dis- 

 tinctly pointed out. They were of importance to France, it was said, 

 because "the fishery of Newfoundland is justly considered the basis 

 of a good marine;" and because "the possession of these two places 

 necessarily secures to the party and their friends the island and 

 fisheries." Among the benefits to the United States would be the 

 acquisition of "two States to the Union," and the securing of the 

 fisheries jointly with France, "to the total exclusion of Great Britain." 



An alliance with France secured, a plan to reduce Canada at least 

 was accordingly matured and adopted Dy Congress in the course of the 

 last-mentioned year. It was the prevalent opinion in the United 

 States that the French ministry not only approved of this measure, 

 but that one of their objects in forming an alliance with us was to 

 regain a part or the whole of the possessions in America which they 

 had lost in previous wars, and thus regain their former position and 

 influence in the western hemisphere. But the fact is now well ascer- 

 tained that they were averse to the design against Canada, and that, 

 from the first, it was their settled policy to leave that colony and 

 Nova Scotia dependencies of England. Washington dissented from 

 Congress, and presented that body with a long letter on the subject. 

 He thought the plan both impracticable and unwise. Among his 

 reasons for the latter opinion was, that France would engross "the 

 whole trade of Newfoundland whenever she pleased," and thus secure 

 "the finest nursery of seamen in the world." The expedition was 

 never undertaken. 



The treaty of commerce between France and the United States con- 

 cluded in 1778, and annulled by act of Congress in the year 1800 con- 

 tained the following provisions : 



"ART. 9. The subjects, inhabitants, merchants, commanders of 

 ships, masters, and mariners of the states, provinces, and dominions 

 of each party, respectively, shall abstain and forbear to fish in all 

 places possessed, or which shall be possessed, by the other party. 

 The Most Christian King's subjects shall not fish in the havens, bays, 

 creeks, roads, coasts, or places which the said United States hold, or 

 shall hereafter hold; and in like manner the subjects, people, and 

 inhabitants of the said United States shall not fish in the havens, bays, 

 creeks, roads, coasts, or places which the Most Christian King pos- 

 sesses, or shall hereafter possess. And if any ship or vessel shall be 

 found fishing contrary to the tenor of this treaty, the said ship or 

 vessel, with its lading, proof being made thereof, shall be confiscated. 

 It is, however, understood that the exclusion stipulated in the present 

 article shall take place only so long and so far as the Most Christian 

 King or the United States shall not in this respect have granted an 

 exemption to some other nation. 



"ART. 10. The United States, their citizens and inhabitants, shall 

 never disturb the subjects of the Most Christian King in the enjoy- 

 ment and exercise of the right of fishing on the Banks of Newfound- 



