*782. plifhed: and if they are not admitted to the fifhery and the western lands, there will be continual bickerings, and a friendship be prevented." Ofwald was at length convinced, by frequently difcourfing with Jay, that a new commiffion must be granted. That all future objections and difficulties might be precluded, he defired Jay to give him a draught of one, which fhould be fully to his fatisfaction: this was done.

The first confidential fecretary of count de Vergennes drew up a memoir, which when Mr. Jay had perused. he was apprehenfive, that the French court would, at a peace, oppose the extenfion of the territory of the United States to the Miffiffippi, together with their claim to the free navigation of that river would probably fupport the British claims to all the country above the 31 degree of latitude, and certainly to all the country north of the Ohio-and that, if America fhould not agree to divide with Spain in the manner propofed by count D'Aranda, the French court would then aid Spain in negotiating with Britain for the territory fhe wanted, and would agree that the refidue fhould remain to Britain. The Spanish minifter had propofed, that the western line of the United States fhould run from a lake near the confines of Georgia, but eaft of Flynt river, to the conflu ence of the Canaway with the Ohio, thence round the western fhores of Lake Erie and Huron, and: thence round Lake Michigan to Lake Superior. The propofitions offered in the memoir by Mr. Rayneval were fupposed to be the fentiments of Vergennes. Mr. Rayneval left Paris. Mr. Jay learned from good authority, that on the morning of his departure, count D'Aranda had, contrary to his ufual practice, gone with post horfes

to

to Versailles, and was two or three hours in conference 1788. with Vergennes and Rayneval, before the latter fet out for England. All these facts taken together, Jay conjec tured that Rayneval was fent to let lord Shelburne know, that the demands of America to be treated by Britain as independent, previous to a treaty, were not approved of or countenanced by the French court, and that the offer of Britain to make that acknowledgment in an article of the proposed treaty was in the court's opinion fufficient to found his lordship on the fubject of the fishery, and to discover whether Britain would agree to divide it with France to the exclufion of all others-to impress his lordship with the determination of Spain to poffefs the exclufive navigation of the gulph of Mexico, and of their defire to keep the Americans from the Miffiffippi, and alfo to hint the propriety of fuch a line as on the one hand would fatisfy Spain, and on the other leave to Britain all the country north of the Ohio -and to make fuch other verbal overtures to his lordfhip as it might not be advisable to reduce to writing, and to judge from the general tenor of his lordship's anfwers and converfation, whether it was probable that a general peace in terms, agreeable to France, could be effected, that so an immediate stop might be put to the negotiation, if that was not the cafe.

Mr. Jay upon this fent for Mr. V, and acquainted him that he must go over immediately to Lon don. An exprefs being inftantly going off, Mr. V addreffed a line to lord Shelburne, and defired his lordfhip to enter into no business with Mir. Rayneval, till V had firft feen him. Jay gave V all the infor mation he wifhed to have communicated to his lordship;

1782. which being minuted down, V

Oct.

26.

་༢

proceeded

the next day for London. Soon after his arrival, the
new commiffion was iffued, and Mr. Ofwald was em-
powered to treat with the United States as actually in-
dependent, and with their commiffioners only. When
Mr. Adams was informed of it, he left Holland. He
arrived at Paris on the 26th of October; and as soon
as poffible waited upon Mr. Jay. A plan was fettled
between them, how to proceed in the negotiation. When
Dr. Franklin afterward joined them, Mr. Adams told
him, that he and Mr. Jay had determined to negotiate
with Mr. Ofwald without confulting or being advised by
count de Vergennes. The doctor made no reply to it;
but the next morning told them, that he would act with
them in that way.

. Mr. Rayneval being in company with them after his
return to Paris, asked them what they demanded as to
the fisheries; and was answered-" We infift on enjoy-
ing a right in common to them with Britain." The
other intimated that their views should not extend further
than a coaft fishery; and infinuated that pains had lately
been taken in the eastern states, to excite their appre-
henfions and increase their demands on that head. He
was told that fuch a right was effential to them, and that
their people would not be content to make peace with-
out it. Dr. Franklin explained very fully the importance
of the fisheries to the eastern states in particular. Rayneval
then foftened his manner, and obferved, that it was na-
tural for France to wish better to the United States than
to England but as the fisheries were a great nursery for
feamen, they might suppose England would be difinclined
to let others fhare in it, and that for his part he wifhed

4

there

there might be as few obstacles to a peace as poffible. 1782. He reminded them alfo, that Mr, Ofwald's new commiffion had been iffued pofterior to his arrival at London.

The fisheries labored for fome time. The British ministry were for excluding the Americans from fifhing within three leagues of any of the coafts belonging to `Britain, and within fifteen of Louisburgh. Mr. Adams told Mr. Ofwald, that the New England ftates had no ftaple without the fishery-that the fisheries entered into all their trade—that were they excluded from them, the British would not be benefited by it, for the French would get the trade-that Britain would have nothing to fear from a number of American failors at fuch a diftance, whatever they might have from the French who were near-that the fishermen would break through fuch limits, whatever care might be used to prevent it, which might prove a bone of contention, and bring on another war after a few years. Mr. Ofwald made a great difficulty about acknowledging the right of the Americans. to the fisheries; and was for inferting the word liberty. After a while Mr. Adams faid-" They have a right every way. The banks are only fo many leagues from the Americans, but they are fo many from the Europeans; if the latter have a right by nature, certainly the former have. We have fought together with the Englifh in their wars for the enjoyment of them, and with them we have poffeffed them; and therefore we have a full right." The word right was agreed to be inferted in the treaty. The article of the fishery coft the American commiffioners, all the industry, skill and address that they were mafters of. Mr. Laurens's prefence with his brother commiffioners the two laft days was of great fervice.

Z 2

1782. fervice. He proposed the infertion of a paragraph

30.

against carrying away any negroes or other property, belonging to the American inhabitants. He appeared deeply impreffed with the lofs of his fon; but the venerable hero thanked God that he had such a fon, one who was willing to lofe his life in the cause of his country.

The American commiffioners expedited the negotiaNov tion with the utmost affiduity; and on the 30th of November, provifional articles were agreed upon and figned, to take effect whenever terms of peace should be finally fettled with the court of France. The business was finifhed fo privately and unexpectedly, that minifters and ambaffadors, as well as others in and about the court of Verfailles, were furprised upon hearing the news. The figning of the provifional articles will probably fufpend the hoftile operations of France and Spain, till it is known whether a general peace can be agreed upon. They have collected their fleets at Cadiz to the amount of near forty fhips of the line, which are deftined for the Weft Indies, and are to be commanded by count d'Estaing; who is to convoy thither feveral thousand French troops under the marquis de la Fayette. Had not the American commiffioners improved the precious moment that offered, without entangling themfelves by confulting count de Vergennes, the British miniftry might have been changed, and thofe events have fucceeded, which would have kept the United States much longer from the poffeffion of their independence. We must now quit the negotiations of peace for the operations which relate to war. By the French gazette it appears, that capt. de la Perouse, commanding a divifion of his most chriftian majesty's fleet, has destroyed