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be borne in mind that he had kept strict faith with us in regard to every point that had been expressly stipulated; and Franklin, who felt that he understood Frenchmen better than his colleagues, was naturally unwilling to seem behindhand in this respect. At the same time, in regard to matters not expressly stipulated, Vergennes was clearly playing a sharp game against us; and it is undeniable that, without departing technically from the obligations of the alliance, Jay and Adams - two men as honourable as ever lived played a very sharp defensive game against him. The traditional French subtlety was no match for Yankee shrewdness. The treaty with England was not concluded until the consent of France had been obtained, and thus the express stipulation was respected; but a thorough and detailed agreement was reached as to what the purport of the treaty should be, while our not too friendly ally was kept in the dark. The annals of modern diplomacy have afforded few stranger spectacles. With the indispensable aid of France we had just got the better of England in fight, and now we proceeded amicably to divide territory and commercial privileges with the enemy, and to make arrangements in which the ally was virtually ignored. It ceases to be a paradox, however, when we remember that with the change of government in England some essential conditions

of the case were changed. The England against which we had fought was the hostile England of Lord North; the England with which we were now dealing was the friendly England of Shelburne and Pitt. For the moment, the English race, on both sides of the Atlantic, was united in its main purpose and divided only by questions of detail, while the rival colonizing power, which sought to work in a direction contrary to the general interests of English-speaking people, was in great measure disregarded.

The separate

American

As soon as the problem was thus virtually reduced to a negotiation between the American commissioners and Lord Shelburne's ministry, the air was cleared in a moment. The principal questions had already been discussed between Franklin and Oswald. Independence being first acknowledged, the question of boundaries came up for settlement. England had little interest in regaining the territory between the Alleghanies and the Mississippi, the forts in which were already held by American soldiers, and she relin- 1. Boundaries quished all claim upon it. The Mississippi River thus became the dividing line between the United States and the Spanish possessions," and its navigation was made free alike to British and American ships. Franklin's suggestion of a cession of Canada and Nova Scotia was abandoned without discussion. It was agreed that

agreed upon :

treaty, as

the boundary line should start at the mouth of the river St. Croix, and, running to a point near Lake Madawaska in the highlands separating the Atlantic watershed from that of the St. Lawrence, should follow these highlands to the head of the Connecticut River, and then descend the middle of the river to the forty-fifth parallel, thence running westward and through the centre of the water communications of the Great Lakes to the Lake of the Woods, thence to the source of the Mississippi, which was supposed to be west of this lake. This line was marked in red ink by Oswald on one of Mitchell's maps of North America, to serve as a memorandum establishing the precise meaning of the words used in the description. It ought to have been accurately fixed in its details by surveys made upon the spot; but no commissioners were appointed for this purpose. The language relating to the northeastern portion of the boundary contained some inaccuracies which were revealed by later surveys, and the map used by Oswald was lost. Hence a further question arose between Great Britain and the United States, which was finally settled by the Ashburton treaty in 1842. The Americans retained the right of catching fish on the banks of Newfoundland commercial and in the Gulf of St. Lawrence, but intercourse lost the right of drying their fish on the Newfoundland coast. On the other hand,

2. Fisheries;

no permission was given to British subjects to fish on the coasts of the United States. As regarded commercial intercourse, Jay sought to establish complete reciprocal freedom between the two countries, and a clause was proposed to the effect that "all British merchants and merchant ships, on the one hand, shall enjoy in the United States, and in all places belonging to them, the same protection and commercial privileges, and be liable only to the same charges and duties as their own merchants and merchant ships; and, on the other hand, the merchants and merchant ships of the United States shall enjoy in all places belonging to his Britannic Majesty the same protection and commercial privileges, and be liable only to the same charges and duties as British merchants and merchant ships, saving always to the chartered trading companies of Great Britain such exclusive use and trade, and the respective ports and establishments, as neither the other subjects of Great Britain nor any the most favoured nation participate in." Unfortunately for both countries, this liberal provision was rejected on the ground that the ministry had no authority to interfere with the Navigation Act.

Only two questions were now left to be disposed of,- -the question of paying private debts, and that of compensating the American loyalists for the loss of property and general

rough treatment which they had suffered. There were many old debts outstanding from Ameri

3. Private debts

can to British merchants. These had

been for the most part incurred before 1775, and while many honest debtors, impoverished during the war, felt unable to pay, there were doubtless many others who were ready to take advantage of circumstances and refuse the payment which they were perfectly able to make. It was scarcely creditable to us that any such question should have arisen. Franklin, indeed, argued that these debts were more than fully offset by damages done to private property by British soldiers: as, for example, in the wanton raids on the coasts of Connecticut and Virginia in 1779, or in Prevost's buccaneering march against Charleston. To cite these atrocities, however, as a reason for the nonpayment of debts legitimately owed to innocent merchants in London and Glasgow was to argue as if two wrongs could make a right. The strong sense of John Adams struck at once to the root of the matter. He declared "he had no notion of cheating anybody. The questions of paying debts and compensating Tories were two." This terse statement carried the day, and it was finally decided that all private debts on either side, whether incurred before or after 1775, remained still binding, and must be discharged at their full value in sterling money.

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