AMENDMENT B."

East, 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 Province of Nova Scotia, agreeably to their respective rights.

AMENDMENT C.

Comprehending all the Islands in the Atlantic Ocean lying contiguous to or within 20 leagues of any part of the shores of the United States from the north easterly limits on the sea of East Florida to the South westerly bounds on the sea of Nova Scotia. In the 4th prop.: Strike out the words as low down as the Southern boundary of the United States." Second head, prop. 3d: Strike out the words "if adequate compensation therefore can be obtained."

12

66

Page 3d, line 2d: from the bottom, strike out the words "six thousand.

Page 4th, line 3d: insert the words "and guaranteed," line 4th: strike out the words "and, the possessions and sovereignty thereof forever guaranteed."

Resolved. That on Wednesday Congress be resolved into a Committee of the Whole to consider farther the report of the Committee on communications, &c.

1779, March 17.

Congress was resolved into a Committee of the Whole, and after some time, the President resumed the chair, and Mr. F[rancis] L[ightfoot] Lee reported that the committee have had under their farther consideration the report of the committee on the communications from the Minister of France, and have come to sundry resolutions thereon, which he was ready to report.

The report from the Committee of the Whole being read,

That the thirteen united states are bounded North by a line drawn from the north west angle of the boundary of Nova Scotia along the highlands, 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 45th degree of north latitude, thence in that latitude to the river St. Lawrence, thence to the south end of the 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, then by a line drawn due east to the river Apalachicola or Catahouche, thence to the junction thereof with the flint river, thence in a strait line to the head of St. Mary's river, 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 the river St. John from its mouth to its source or by

a B. East, by a line drawn along the middle of the River St. Johns from its source to its mouth or By

C. 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.

92909-S. Doc. 870, 61–3, vol 7———7

a line to be settled and adjusted between that part of the State of Massachusetts Bay formerly called the Province of Maine and the Province 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 point, 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 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 drawn in the 45th degree of north latitude-so far as the western shore of lake Michigan, nor to the south of 46 degrees of north latitude beyond that lake and so as to reserve the free navigation of the lakes Huron, Michigan and Superior to the subjects of the United States.

2. That every port 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 a common right in these States to fish on the coasts, bays and banks of Nova Scotia, banks of Newfoundland, and gulph of St. Lawrence, coast of Labrador and streights of Bellisle, be acknowledged, and in case of refusal, that the war be continued unless the circumstances of our Allies shall be such as to render them utterly unable to assist in the prosecution of the war; in which case, as ample priviledges in the fishery be insisted on as can possibly be obtained: That in case Great Britain should not be prevailed upon either to cede or declare Nova Scotia independent, the priviledge of curing fish on the shores and in the harbours of Nova Scotia be required.

4. That the navigation of the river Mississippi be acknowledged and ratified absolutely free to the subjects of the United States. Ordered, That the consideration thereof be postponed till to

morrow.

*

1779, March 19.-Congress took into consideration the report of the committee of the whole, and agreed to the following ultimata :

1. That the thirteen United States are bounded, north, by a line to be drawn from the north-west angle of Nova Scotia, along the high lands which divide those rivers which empty themselves into the River St. Lawrence from those which fall into the Atlantic

13

Ocean to the north-westernmost head of Connecticut River; thence down along the middle of that river to the forty-fifth degree of north latitude; thence due west in the latitude forty-five degrees north from the equator, to the north-westernmost side of the River St. Lawrence, or Cadaraqui; thence straight to the south end of Lake Nepissing; and thence straight to the source of the River

a On folio 493 is a paper in the writing of John Jay, which appears to be the first form of this paragraph. The differences are: For common right" read "equal right;" for " coasts; bays and banks of " read "coasts of," and for "continued unless," &c., read 'continued, unless our Aliies shall absolutely refuse and threaten to make a separate peace.”

Mississippi; west, by a line to be drawn along the middle of the River Mississippi from its source to where the said line shall intersect the latitude of thirty-one degrees north: south, by a line to be drawn due east from the termination of the line last mentioned in the latitude thirty-one degrees north from the equator to the middle of the River Apalachicola, or Catahouchie; thence along the middle thereof to its junction with the Flint River; thence straight to the head of St. Mary's River; thence down along the middle of St. Mary's River to the Atlantic Ocean; and east, by a line to be drawn along the middle of St. John's from its source to its mouth in the Bay of Fundy, 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, and lying between lines to be drawn due east from the points where the aforesaid boundaries between Nova Scotia on the one part, and East Florida on the other part, shall respectively touch the Bay of Fundy and the Atlantic Ocean. Provided, that if the line to be drawn from the mouth of Lake Nepissing 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 forty-five degrees north.

2. That 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.

Adjourned to 10 o clock to morrow.

*

*

*

1779, March 22. Congress resumed the consideration of the report of the committee of the whole; and the third resolution reported by the committee as one of the ultimata being under debate, and being in the words following:

an

3. That a common right in these States to fish on the coasts, bays banks of Newfoundland and Gulf of St. Lawrence, coast of Labrador and Straits of Belleisle, be acknowledged; and in case of refusal, that the war be continued, unless the circumstances of our allies shall be such as to render them utterly unable to assist in the prosecution of the war; in which case, as ample privileges in the fishery be insisted on, as can possibly be obtained:

That in case Great Britain should not be prevailed on either to cede or declare Nova Scotia independent, the privilege of curing fish on the shores and in the harbours of Nova Scotia be required—

In lieu thereof a substitute was moved by Mr. [Gouverneur] Morris, in the words following, viz.

That an acknowledgment be made by Great Britain of a common right in these states to fish on the coasts, bays and banks of Nova Scotia, the banks of Newfoundland and gulf of St. Lawrence, the coasts of Labrador and straits of Belleisle, and a stipulation for the right of curing fish on the shores of Nova Scotia. Provided always, that the allies of these states shall be in circumstances to support them in carrying on the war for such acknowledgment and stipulation; but that in no case, by any treaty of peace, the common right of fishing as above described be given up.

The substitute being adopted, and under debate.

A motion was made by Mr. M. Smith, seconded by Mr. Burke, to strike out the words "and a stipulation for the right of curing fish on the shores of Nova Scotia," and also the words "and stipulation after the word "acknowledgment."

And on the question, Shall those words stand, the yeas and nays being required by Mr. M. Smith . . .

a

So it passed in the negative, and the words were struck out.

A motion was then made by Mr. Drayton, seconded by Mr. G. Morris, to strike out the words, "provided always, that the allies of these states shall be in circumstances to support them in carrying on the war for such acknowledgment."

And on the question, Shall those words stand, the yeas and nays being required by Mr. Drayton, . . .

So it was resolved in the affirmative.

A division was then called for; and on the question to agree to the first part as amended, including the proviso, the yeas and nays being required by Mr. Ellery, . . .

14

So it was resolved in the affirmative.

On the question to agree to the second part,

Resolved, in the affirmative.

The article as amended and agreed to is as follows:

3. That an acknowledgment be made by Great Britain of a common right in these States to fish on the coasts, bays and banks of Nova Scotia, the banks of Newfoundland, and gulf of St. Lawrence, the coasts of Labrador and straits of Belleisle. Provided always, that the allies of these States shall be in circumstances to support them in carrying on the war for such acknowledgment; but in no case, by any treaty of peace, the common right of fishing as above described be given up.

Adjourned to 10 o clock to morrow.

1779, March 24. . . . On motion of Mr. Gerry,

Resolved, That the third article be reconsidered. The article was then read as follows:

That an acknowledgment be made by Great Britain of a common right in these states to fish on the coasts, bays and banks of Nova Scotia, the banks of Newfoundland and gulf of St. Lawrence, the coasts of Labrador and straits of Belleisle: Provided always, that the allies of these states shall be in circumstances to support them in carrying on the war for such acknowledgment; but that in no case, by any treaty of peace, the common right of fishing as above described be given up.

Whereupon a motion was made by Mr. Burke, seconded by Mr. to strike out the words between "to fish" and "provided," and in lieu thereof, to insert "on all and singular the fishing banks to the eastward of the Island of Cape Breton and of Nova Scotia, which by the treaties of Utrecht and of Paris were ceded to the King of Great Britain, in exclusion of the subjects of France."

A motion was made by Mr. R. H. Lee, seconded by Mr. Dyer, as a substitute to the whole,

That the right of fishing on the coasts and banks of North America be reserved to the United States as fully as they enjoyed the same when subject

to the King of Great Britain, excepting always what shall have been excepted by the treaty of Paris between France and the United States-the whole to be explained by the treaties of Utrecht and Paris with Great Britain, and of Paris with the United States of North America.

On the question, Shall this be received as a substitute, the yeas and nays being required by Mr. Gerry... a

So the substitute was received; and the article as heretofore agreed to, and the amendment proposed, were set aside.

*

*

*

1779, May 8. . . . According to order, Congress resumed the consideration of the report of the committee of the whole; and the proposition under debate when the subject was last before Congress being read, to wit:

That the right of fishing on the coasts and banks of North America be reserved to the United States as fully as they enjoyed the same when subject to the King of Great Britain, excepting always what shall have been excepted by the treaty of Paris between France and the United States, the whole to be explained by the treaties of Utrecht and of Paris with Great Britain, and of Paris with the United States of North America.

A substitute was moved by Mr. Morris, seconded by Mr. Burke, in the words following:

Whereas this Congress did on the fourth day of July, 1776, declare the several colonies by them represented to be free and independent states, that they were absolved from all allegiance to the British crown, and that all political connection between them and the state of Great Britain was and ought to be totally dissolved; and that, as free and independent states, they had full power to levy war, conclude peace, contract alliances, establish commerce, and do all other acts and things which independent states might of right do; and for the support of that declaration, with a firm reliance on the protection of divine Providence, did mutually pledge to each other their lives, their fortunes, and their sacred honour.

And whereas this Congress did resolve on the 22nd day of April, 1778, That the said states could not with propriety hold any conference or treaty with any commissioners on the part of Great Britain, unless they should as a preliminary thereto, either withdraw their fleets and armies, or else in positive and express terms acknowledge the independence of the said states.

And whereas this Congress, in a letter of the 17th day of June, 1778, from their President to the British commissioners, signed by their unanimous consent, did declare themselves inclined to peace, and that they would be ready to enter upon the consideration of a treaty of peace and commerce not inconsistent with treaties already subsisting, when the King of Great Britain should demonstrate a sincere disposition for that purpose: And whereas it is agreed in the treaty of alliance between the Most Christian King and the United States, that neither of the parties should conclude either truce or peace with Great Britain without

15

the formal consent of the other first obtained; and it is mutually engaged that the said parties should not lay down their arms until the independence of the United States should have been formally or tacitly assured by the treaty or treaties that should terminate the war.

And whereas his Most Christian Majesty therein guarantees on his part, to the United States, their liberty, sovereignty, and independence, absolute and unlimited, as well in matters of government as of commerce.

And whereas from information lately received, it is probable that a treaty of peace may soon be set on foot on the preliminary acknowledgment of the independence of the said states: And whereas, considering the exhausted situation of the said states, the derangement of their finances, and the defect of their resources, it is highly expedient to put a stop to the present destructive war: Therefore,

Resolved, That this Congress will agree to a treaty of peace with Great Britain, provided the absolute and unlimited liberty, sovereignty and independence of these United States, as well in matters of government as of com

A vote was taken. Ayes 6. Noes 4.