APPENDIX TO BRITISH COUNTER CASE.

1779, August 13. . . . foreign affairs, and some time being spent thereon, Congress proceeded to the consideration of

Proceedings of Congress.

The committee appointed to prepare instructions for the Minister Plenipotentiary of the United States to be appointed for negotiating a peace, brought in a draft which was taken into consideration, and debated by paragraphs, was on Saturday, August 14, 1779, unanimously agreed to as follows: [Sic.]

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Adjourned to 10 o'Clock to Morrow.

1779, August 14. . . . Some time being spent in the consideration of foreign affairs,

Your Committee to whom were referred the Resolutions of Congress upon the letters of Arthur Lee, Esq. and the communications of the Minister of France, with order to prepare instructions thereon, beg leave to Report:

That having weighed and considered the matters to them referred there appears to be four principal points, viz. 1st the instructions to be given to the Commissioner of peace. 2ly Those to be given to the Commissioners who may be appointed to negotiate a treaty of Commerce with Great Britain. 3ly Those to be given to the Minister of the United States at the Court of Versailles. And 4ly those to be given to the Minister of the Said States at the Court of Madrid.

Your Committee have prepared the first three sets of instructions agreeably to the materials in their possession, but cannot perform the last until the final determinations of Congress upon that subject. Wherefore they report:

I.

A draft of Instructions to the Commissioner to be appointed to negotiate a treaty of Peace with Great Britain.

SIR: You will herewith receive a commission giving you full powers to negotiate a treaty of peace with Great Britain, in doing which you will conform to the following Information and Instructions:

1st. The United States are sincerely desirous of peace, and wish by every means consistent with their dignity and safety to spare the farther effusion of blood. They have therefore, by your Commission and those instructions, laboured to remove the obstacles to that event before the enemy have evidenced their disposition for it. But as the great object of the present defensive war on the part of the allies is to establish the Independence of the United States, and as any treaty whereby this end cannot be obtained must be only ostensible and illusory, you are therefore to make it a preliminary article to any negotiation that Great Britain shall agree to treat with the United States as Sovereign, free, and Independent.

as

In debating this article on Friday, the 13th, a motion was made by Mr. [Thomas] Burke, seconded by Mr. [Edmund] Randolph, after the words sovereign, free, and independent," to add, "if an express acknowledgement of the said independence shall be absolutely refused by the "King of Great Britain." And on the question to agree to this amendment, the yeas and nays being required by Mr. [Thomas] Burke, . . .a

So it passed in the negative.

2ly. You shall take especial care also that the Independence of the Said States be effectually assured and confirmed by the Treaty or treaties of peace, according to the form and effect of the Treaty of Alliance with his Most Christian Majesty, and you shall not agree to such treaty or treaties, unless the same be thereby so assured and confirmed.

A vote was taken. Noes. 9. Ayes 3.

3ly. The Boundaries of these States are as follows, viz. These States are bounded NORTH by a line to be drawn from the Northwest angle of Nova Scotia, along the Highlands which divide those Rivers which empty themselves into the River St. Lawrence from those which fall into the Atlantic Ocean, to the Northwesternmost 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 of 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 Nipissing, and thence Straight to the Source of the River 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 31st degree of North Latitude. SOUTH by a line to be drawn due East from the termination of the line last mentioned in the latitude of 31 Degrees north from the Equator. to the middle of the River Appalachicola or Catahouche; thence along the middle thereof to its junction with the Flint River; thence straight to the Head of St. Mary's River and 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 River from its source to its mouth in the Bay of Fundy. 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 atlantic ocean. You are therefore strongly [to] contend that the whole of the said Countries and Islands lying within the Boundaries aforesaid, and every citadel, fort, post, place, harbour and road to them belonging, be absolutely evacuated by the land and sea forces of his Britannic Majesty, and yielded to the powers of the States

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to which they respectively belong, in such situation as they may be at the termination of the war. But notwithstanding the clear right of these States, and the importance of the object, yet they are so much influenced by the dictates of Religion and Humanity, and so desirous of complying with the earnest requests of their allies, that if the line [to] be drawn from the mouth of the Lake Nipissing to the Head of the Mississippi cannot be obtained without continuing the war for that purpose, you are hereby empowered to agree to some other line between that point and the River Mississippi, provided the same shall in no part thereof be to the Southward of latitude 45° North. And in like manner if the Eastern Boundary above described cannot be obtained, you are hereby empowered to agree that the same shall be afterwards adjusted by Commissioners to be duly appointed for that purpose according to such line as shall be by them settled and agreed on as the Boundary 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, and you may also consent that the Enemy shall destroy such fortifications as they may have erected.

Fourthly. Although it is of the utmost importance to the peace and Commerce of the United States that Canada and Nova Scotia should be ceded and more particularly that their equal common right to the Fisheries should be guaranteed to them, yet a desire of terminating the war hath induced us not to make the acquisition of these objects an ultimatum on the present occasion.

Fifthly. You are empowered to agree to a cessation of Hostilities during the negotiation, provided our ally shall consent to the same, and provided it shall be Stipulated that all the forces of the enemy shall be immediately withdrawn from the United States.

Sixthly. In all other matters not above mentioned, you are to govern yourself by the Alliance between his Most Christian Majesty and these States, by the advice of our allies, by your knowledge of our Interests, and by your own discretion, in which we repose the fullest confidence.

Congress likewise agreed to the following draft of instructions to the commissioner to be appointed to negotiate a treaty of commerce with Great Britain;

II.

SIR,-You will herewith receive a Commission giving you full power to negotiate a treaty of Commerce with Great Britain in doing whic von will consider yourself bound by the following information and instructions:First. You will govern yourself principally by the Treaty of Commerce with His Most Christian Majesty, and as on the one hand you shall grant no privi

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lege to Great Britain not granted by that Treaty to France, so on the other you shall not consent to any peculiar restrictions or limitations whatever in favour of Great Britain.

Secondly. In order that you may be the better able to act with propriety on this occasion, it is necessary for you to know that we have determined 1st That the common right of fishing shall in no case be given up. 2nd 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. 3ly That application shal. be made to his Most Christian Majesty to agree to some article or articles for the better securing to these States a share in the said fisheries. 4ly. 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 hereinafter described, such molestation, being in our opinion 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. And 5ly That our faith be pledged to the several States, that without their unanimous consent no treaty of commerce shall be entered into, nor any trade or commerce whatever carried on with Great Britain, without the explicit stipulation herein after mentioned. You are therefore not to consent to any Treaty of Commerce 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 Territory remaining to Great Britain at the close of the war, if a nearer distance cannot be obtained by negotiation--and in the negotiation you are to exert your most strenuous endeavours to obtain a nearer distance in the Gulf of St. Lawrence, and particularly along the shores of Nova Scotia. As to which latter we are desirous. that even the Shores may be occasionally used for the purpose of carrying on the Fisheries by the Inhabitants of these States. 3ly. In all other matters you are to govern yourself by your own discretion, as shall be most for the Interest of these States, taking care that the said Treaty be founded on principles of equality and reciprocity, so as to conduce to the mutual advantage of both nations, but not to the exclusion of others.

On the question to agree to the above draft of instructions, the yeas and nays being required by Mr. [Nathaniel] Scudder, ..." So it was resolved in the affirmative.

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Proceedings of Congress.

Congress farther agreed to the following draft of instructions to the minister plenipotentiary of the United States at the court of ' France.

III.

SIR,-Having determined, in order to put a period to the present war conformably to the humane dispositions which sway the Allied Powers, that we would not insist on a direct acknowledgment by Great Britain of our right in the Fisheries, this important matter is liable to an incertitude which may be dangerous to the political and commercial Interests of the United States. We have therefore agreed and resolved that our right should in no case be given up; that we would not form any Treaty of Commerce with Great Britain, nor carry on any trade or Commerce whatsoever with her unless she shall make an express stipulation on that subject, and that if She shall after a Treaty of peace disturb the Inhabitants of these States in the exercise of it, we will make it a comman cause to obtain redress for the parties injured. But notwithstanding these precautions, as Great Britain may again light up the flames of war and use our exercise of the Fisheries as her pretext, and since doubts may arise whether this object is so effectually guarded by the Treaty of Alliance with his Most Christian Majesty that any molestation therein on the part of Great Britain is to be considered as a casus federis, you are to endeavour to obtain

"A vote was taken. Ayes 5. Noes 4.

of His Majesty an explanation on that subject upon the principle that, notwith standing the high confidence reposed in his wisdom and justice, yet considering the uncertainty of human affairs and how doubts may be afterwards raised in the breasts of his Royal Successors, the great importance of the Fisheries renders the Citizens of these States very solicitous to obtain His Majesty's sense with relation to them as the best security against the ambition and rapacity of the British Court. For this purpose you shall propose the following article, in which nevertheless such alterations may be made as the circumstances and situation of affairs shall render convenient and proper. Should the same be agreed to and executed you are immediately to transmit a Copy thereof to our Minister at the Court of Spain.

Whereby, by the Treaty of Alliance between the most Christian King, and the United States of North America, the two parties guarantee mutually from that time and forever against all other powers, to wit: The United States to His Most Christian Majesty the possessions then appertaining to the Crown of France in America, as well as those which it might acquire by the future treaty of Peace; and His Most Christian Majesty guarantees on his part to the United States their liberty, Sovereignty and Independence, absolute and unlimited, as well in matters of Government as commerce, and also their possessions and the additions or conquests that their confederation might obtain during the war according to the Said Treaty. And the said parties did further agree and declare that in case of a rupture between France and England the said reciprocal guarantee should have its full force and effect the moment such war should break out-And whereas doubts may hereafter arise how far the said guarantee extends to this case, to wit: that Great Britain should molest or disturb the subjects and Inhabitants of France or of the said States in taking fish on the Banks of Newfoundland, and other the fishing banks and Seas of North America formerly and usually frequented by the said subjects and Inhabitants respectively. And whereas the said King and the United States have thought proper to determine with precision the true intent and meaning of the said guarantee in this respect, now therefore, as a further demonstration of their mutual good will and affection, it is hereby agreed, concluded and determined as follows, to wit: That if, after the conclusion of the treaty or treaties which shall terminate the present war, Great Britain shall molest or disturb the subjects or Inhabitants of the said United States in taking fish on the Banks, seas and places formerly used and frequented by them, so as not to encroach on the territorial rights which may remain to her after the termination of the present war as aforesaid, and war should thereupon break out between the said United States and Great Britain; or if Great Britain shall molest or disturb the subjects and Inhabitants of France in taking Fish on the Banks. Seas and places formerly used and frequented by them, so as not to encroach on the territorial rights of Great Britain as aforesaid, and war should thereupon break out between France and Great Britain. In either of those cases of war as aforesaid, His Most Christian Majesty and the said United States shall make it a common cause, and aid each other mutually with their good offices their counsels and their forces, according to the exigence of conjunctures as becomes good and faithful allies. Provided always, that nothing herein contained shall be taken or understood as contrary to or inconsistent with the true intent and meaning of the treaties already subsisting between his Most Christian Majesty and the Said States; but the same shall be taken and understood as explanatory of and conformable to those treaties.

All which nevertheless is most humbly submitted

PHILADELPHIA 12th Aug. 1779.

GOUVR. MORRIS, Chairman of the Comte.

On debating these instructions by paragraphs, when the question was about to be put to agree to this clause [sic], the yeas and nays being required by Mr. [Meriwether] Smith,

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So it was resolved in the affirmative.

a

1779. September 27. . . . Resolved, That Congress proceed to the election of a minister plenipotentiary for negotiating a treaty of peace and a treaty of commerce with Great Britain.

"A vote was taken Ayes 9. Noes 2.

Congress accordingly proceeded, and the ballots being taken,
Mr. John Adams was elected.

Adjourned to 10 o'Clock to Morrow.

1779. September 28.... The committee, consisting of Mr. [John] Dickinson, Mr. [Gouverneur] Morris, and Mr. [Henry] Marchant, appointed to prepare drafts of commissions, reported the same, which were agreed to as follows:

For the minister plenipotentiary to negotiate a treaty of peace. The Delegates of the United States of New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia-To all who shall see these presents, send greeting.

It being probable that a negotiation will soon be commenced for putting an end to the hostilities between His Most Christian Majesty and these [United] States, on the one part, and his Britannick Majesty on the other part; and it being the sincere desire of the United States that they may be terminated by a peace, founded on such solid and equitable principles as reasonably to promise a permanency of the blessings of tranquillity: KNOW YE, THEREFORE, That we, confiding in the integrity, prudence and ability of have nominated and constituted, and by these presents do nominate and constitute him the said our minister plenipotentiary, giving him full power, general and special, to act in that quality, to confer, treat, agree and conclude, with the ambassadors or plenipotentiaries of his Most Christian Majesty, and of his Britannick Majesty, and those of any other princes or states whom it may concern, vested with equal powers, relating to the re-establishment of peace and friendship; and whatever shall be so agreed and concluded, for us, and in our name to sign, and thereupon to make a treaty or treaties, and to transact every thing that may be necessary for completing, securing and strengthening the great work of pacification, in as ample form, and with the same effect, as if we were personally present and acted therein; hereby promising, in good faith, that we will accept, ratify fulfil and execute whatever shall be agreed, concluded and signed by our said minister plenipotentiary; and that we will never act nor suffer any person to act contrary to the same, in the whole or in any part.

In witness whereof we have caused these presents to be given in Congress, at Philadelphia, the day of in the year of our Lord, seventeen hundred and seventy-nine, and in the fourth year of the independence of the United States of America.

Signed by the President, and sealed with his seal.

For the minister plenipotentiary to negotiate a treaty of amity and commerce with Great Britain.

The Delegates of the United States of New Hampshire, &c. in Congress assembled

To all who shall see these presents, send greeting.

It being the desire of the United States, that the peace which may be established between them and his Britannick majesty may be permanent, and accompanied with the mutual benefits derived from commerce: KNOW YE, THEREFORE, That we, confiding in the integrity, prudence and ability of have nominated and consti