A motion was made by Mr. Huntington, seconded by Mr. M'Kean, to amend the latter part so as to read, "no treaty of commerce shall be entered into, or any trade or commerce whatsoever carried on with Great Britain, without an explicit stipulation on her part, not to molest or disturb the inhabitants of the United States of America in taking fish on the banks of Newfoundland, and other fisheries in the American seas any where, excepting within the distance of three leagues of the shores of the territories remaining to Great Britain, at the close of the war, if a nearer distance cannot be obtained by negotiation." * * * 1779, July 22. ... Congress proceeded in the consideration of the subject under debate on the 17th; and on the question to agree to the amendment, Resolved in the affirmative. A motion was then made by Mr. Burke, seconded by Mr. Smith, to strike out the words "without their unanimous consent." And on the question, Shall those words stand, the yeas and nays being required by Mr. Gerry, . . .a So it was resolved in the affirmative. A motion was made by Mr. Burke, seconded by Mr. Dickinson, to amend the proposition by adding, “Provided, that this resolution shall not impede a treaty for concluding the present war." On the question to agree to this amendment, the yeas and nays being required by Mr. Burke, . . . So it passed in the negative. A motion was then made by Mr. Smith, seconded by Mr. Burke, to add, "Provided this resolution shall not be binding on any, unless a majority of the states in this union shall agree to make peace with Great Britain, according to the terms of the treaty of alliance with France." On the question to agree to this amendment, the yeas and nays being required by Mr. Smith, . . . So it passed in the negative. с On the question to agree to the proposition as amended, the yeas and nays being required by Mr. Forbes, . . ." 19 So it was resolved in the affirmative, d That the faith of Congress be pledged to the several states, that without their unanimous consent, no treaty of commerce shall be entered into, or any trade or commerce whatever carried on with Great Britain, without an explicit stipulation on her part not to molest or disturb the inhabitants of the United States of America in taking fish on the banks of Newfoundland and other fisheries in the American seas anywhere, excepting within the distance of three leagues of the shores of the territories remaining to Great Britain at the close of the war, if a nearer distance cannot be obtained by negotiation. 1779, July 24. . . . Congress proceeded in the consideration of the subject under debate the 22d; and a motion was made by Mr. Dray ton, seconded by Mr. Burke, to reconsider the first proposition, passed the 24th June last, to the end that the description of the fishery therein may be altered so as to agree with the description in the fourth proposition as passed on the 22d of this month. On the question, Shall the first proposition be reconsidered? the yeas and nays being required by Mr. Drayton, . . .a So it passed in the negative. a A motion was made by Mr. Dickinson, seconded by Mr. Drayton, That it be resolved that the next preceding resolution is to be so understood, that if the fisheries therein described shall be effectually secured to these states by Great Britain, though not by the express stipulation therein mentioned, these states will agree to a treaty of commerce with that kingdom on just and reasonable terms. When the question was about to be put, the previous question was moved by Mr. McKean, seconded by Mr. M'Lene. And on the question to agree to the previous question, the yeas and nays being required by Mr. Drayton, b So it was carried in the affirmative, and the main question was set aside. * 1779, July 29. . . . The fifth proposition moved on the 19th June being read On the motion of Mr. Burke, seconded by Mr. Drayton,— On motion of Mr. M'Kean, seconded by Mr. Huntington, Resolved, That, if after a treaty of peace with Great Britain, she shall molest the citizens or inhabitants of any of the United States in taking fish on the banks and places described in the resolution passed the 22d day of July, instant, such molestation (being in the opinion of Congress a direct violation and breach of the peace) shall be a common cause of the said states; and the force of the union be exerted to obtain redress for the parties injured. On the question to agree to this, the yeas and nays being required by Mr. Smith, . . . So it was resolved in the affirmative. * * * * * 1779, July 31. . . . The subject being again resumed, a motion was made by Mr. Gerry, seconded by Mr. Marchant, to take into consideration the third proposition, moved on the 19th June, which was postponed on the 17th instant. And on the question to agree to this, the yeas and nays being required by Mr. Gerry, . . . So it passed in the negative. Congress then proceeded to the consideration of the report of the committee on the letter from Mr. Lee, and the communications of the minister of France; and the preliminary article being read, viz. "That previous to any treaty, or negotiation for peace, the liberty, sovereignty, and independence of these United States, as well in matters of government as of commerce, be acknowledged on the part of Great Britain," A motion was made by Mr. Burke, seconded by Mr. Duane, after the word "acknowledged," to insert the words "or tacitly assured." And on the question to agree to this amendment, the yeas and nays being required by Mr. Gerry So it passed in the negative. a 1779, August 3. . . . Congress resumed the consideration of the preliminary article; and on motion of Mr. Burke, seconded by Mr. Duane, 66 Resolved, That the word acknowledged" be expunged; and that in lieu thereof the word "assured" be inserted. And that after "Great Britain" be inserted the words, "agreeable to the eighth article of the treaty of alliance between his most christian majesty and these United States." And on the question, Resolved, N.D.C.,-That previous to any treaty, or negotiation for peace, the liberty, sovereignty, and independence, absolute and unlimited, of these United States, as well in matters of government, as of commerce, shall be assured on the part of Great Britain, agreeable to the treaty of alliance between his most christain majesty and the United States. 20 And if the same shall be done, Resolved, That the minister or ministers of these United States assist at, and contract and stipulate in such negotiation for peace, as may be set on foot under the mediation of his catholic majesty, or otherwise. Wednesday, August 4, 1779. . . . The committee, to whom were referred the letters from A. Lee, Esq. and the communications of the Minister plenipotentiary of France, in his memorial of the 9th, and in the private audience of the 15 February, brought in a report; Whereupon, Resolved, That previous to any treaty or negotiation for peace, the liberty, sovereignty and independence absolute and unlimited of these United States, as well in matters of government as of commerce, shall be assured on the part of Great Britain, agreeable to the eighth article of the Treaty of Alliance between his most Christian Majesty and these United States. And if the same shall be done, Resolved, That the minister or ministers of these United States assist at, and contract and stipulate in, such negociation for peace as may be set on foot under the mediation of his Catholic Majesty, or otherwise. That in the negotiations the following ultimatum be insisted on: 1. That the thirteen United States are bounded: North, by a line to be drawn from the northwest angle of the boundary of Nova Scotia, along the high lands which divide the rivers that empty themselves into the river St. Lawrence, from those which fall into the Atlantic, to Connecticut river, thence down that river to the 45 degree of north latitude, thence in that latitude to the river St. Lawrence, thence to the south end of lake Nipissing, and thence to the source of the Mississippi; West, by a line drawn along the middle of the river Mississippi from its source to that part of the said river which lies in latitude 31 degrees north from the equator; thence south, by a line drawn due east to the river Apalachicola or Catahouche, thence to the junction thereof with the Flint river, thence in a straight line to the head of St. Mary's, and thence by a line along the middle of St. Mary's river to the Atlantic ocean; East, by a line drawn along the middle of St. John's from its mouth to its source, or by a line to be settled and adjusted between that part of the state of Massachusetts bay, formerly called the province of Maine, and the colony of Nova Scotia, agreeably to their respective rights, comprehending all islands within twenty leagues of any part of the shores of the United States, between lines drawn due east from the points where their boundary lines between Nova Scotia on the one part and Florida on the other part shall touch the Atlantic Ocean; provided, that if the a A vote was taken. Noes 7. Ayes 4. line to be drawn from Lake Nipissing to the head of the Mississippi cannot be obtained without continuing the war for that purpose, then, that a line or lines may be drawn more southerly so as not to be southward of a line in latitude 45 north. 2. Every post and place within the United States, and every island, harbour and road to them, or any of them belonging, be absolutely evacuated by the land and sea forces of his Britannic Majesty, and yielded to the powers of the States to which they respectively belong. 3. That in no case by any treaty of peace, the common right of fishing be given up. Resolved, That a cessation of hostilities during the negotiation may be agreed to, but not without the consent of our ally, nor unless it shall be previously stipulated that all the forces of the enemy shall be immediately withdrawn from the United States. Resolved, That it is essential to the welfare of all these United States that the inhabitants thereof, at the expiration of the war, should continue to enjoy the free and undisturbed exercise of their common right to fish on the banks of Newfoundland, and the other fishing banks and seas of North America, preserving inviolate the treaties between France and the said States. Resolved, That an explanatory article be prepared and sent to our minister plenipotentiary at the court of Versailles, to be by him presented to his most Christian Majesty, whereby the said common right to the fisheries shall be more explicitly guaranteed to the inhabitants of these States than it already is by the treaties aforesaid. Resolved, That the faith of Congress be pledged to the several States that without their unanimous consent, no treaty of commerce shall be entered into, nor any trade or commerce whatsoever carried on with Great Britain, without an explicit stipulation on her part not to molest or disturb the inhabitants of the United States of America in taking fish on the banks of Newfoundland and other fisheries in the American seas any where, excepting within the distance of three leagues of the shores of the territories remaining to Great Britain at the close of the war, if a nearer distance cannot be obtained by negotiation. Resolved, That if after a treaty of peace with Great Britain, she shall molest the citizens or inhabitants of any of the United States in taking fish on the banks and places described in the last foregoing resolution, such molestation being, in the opinion of Congress, a direct violation and breach of the peace, shall be a common cause of the said States, and the force of the union be exerted to obtain redress for the parties injured. 21 Proceedings of Congress. The committee appointed to prepare a commission for the minister plenipotentiary to be appointed to negotiate a treaty of peace brought in a draught, which was read; Ordered, That the same be taken into consideration to-morrow. Resolved, That a committee of five be appointed to prepare instructions for the minister plenipotentiary of these United States, to be appointed for negotiating a peace. The members chosen, Mr. [Gouverneur] Morris, Mr. [Henry] Laurens, Mr. [Samuel] Huntington, Mr. [John] Dickinson, and Mr. [Thomas] McKean. Adjourned to 10 o'clock to morrow. 1779, August 5. . . . Congress proceeded to the consideration of the report of the committee on the letters from A. Lee, Esq., and the communications of the Minister Plenipotentiary of France, and some time being spent thereon, Congress resumed the consideration of the report of the committee on the letters from Mr. Lee, and communications of the minister of France. And on motion of Mr. [Thomas] M'Kean, seconded by Mr. [Gouverneur] Morris. Resolved, That so much of the said report as relates to the obtaining a subsidy from Spain be postponed. A motion was then made by Mr. [Thomas] M'Kean, seconded by Mr. [Gouverneur] Morris, That, if contrary to the humane wishes of the United States, Great Britain should obstinately persist in the prosecution of the present unjust war, the minister plenipotentiary of these United States be instructed and empowered to consult on, prepare and conclude, with the Ministers of his most christian and of his catholick majesty, a treaty or treaties, offensive and defensive; in which offensive treaty, nevertheless, he shall insert, on the part of these states, a proper article or articles for obtaining Canada, Nova Scotia, and the islands of Bermuda; and an equal share in, and full acknowledgment of the equal common right of these states to the fisheries. A motion was made by Mr. [John] Mathews, seconded by Mr. [Thomas] Burke, after the word "Bermuda," to insert "the Floridas." On the question to agree to this amendment, the yeas and nays being required by Mr. [John] Mathews . . ." So it was resolved in the affirmative. a A motion was made by Mr. [Meriwether] Smith, seconded by Mr. [Thomas] Burke, to insert after "Floridas," the words "the free navigation of the river Mississippi." On the question to agree to this amendment, the yeas and nays being required by Mr. [Meriwether] Smith . . . So it was resolved in the affirmative. * * * * * 1779, August 7. . . . Congress proceeded to the consideration of the report of the committee on the letters from A. Lee, Esq. and the communications of the Minister Plenipotentiary of France, and some time being spent thereon, Congress resumed the consideration of the proposition under debate on the 5th; and the same, as amended, being set aside by the previous question, a motion was made by Mr. [Gouverneur] Morris, seconded by Mr. [Thomas] Burke, That, if contrary to the humane wishes of the United States, Great Britain should obstinately persist in the prosecution of the present unjust war, the Minister of these United States be empowered and directed to solicit a subsidy from his Catholick Majesty, and to consult with the Ministers of the said King, and of his most Christian Majesty, and with them prepare such article or articles of treaty, as the situation and conjuncture of affairs may render necessary; and transmit the same to Congress for their consideration. After debate, a motion was made by Mr. [Thomas] Burke, seconded by Mr. [Gouveneur] Morris, to strike out the words " and of his most christian majesty, and with them prepare such article or articles as the situation and conjuncture of affairs may render necessary," and in lieu thereof to insert, " on the consideration which he may be willing to receive from the United States in return for such subsidy.' And on the question, Shall the words moved to be struck out, stand, the vote passed in the negative. On the question, Shall the words moved, be inserted, the yeas and nays being required by Mr. [Elbridge] Gerry . . .o So it was resolved in the affirmative. |