DESPATCHES, BEPOBTS, COBBESPONDENCE, ETC. 337 



Third: "That in the treaty of peace with Great Britain, a stipula- 

 tion be made on their part not to disturb the inhabitants of these 

 States in the free exercise of their common right to the fisheries 

 aforesaid, and that a reciprocal engagement be made on the part 

 of the United States." Fourth : " That the faith of Congress be 

 pledged to the several States, that, without their unanimous con- 

 sent, no treaty of commerce shall be formed with Great Britain 

 previous to such stipulation." Fifth : " That if the explanatory 

 article should not be ratified by his Most Christian Majesty, nor 

 the stipulation aforesaid be adopted by Great Britain, the minister 

 conducting the business shall give notice thereof to Congress, and 

 not sign any treaty of peace until their pleasure be known." 



The opposition to these resolutions was determined and violent 

 in the extreme. Those who enlisted against them insisted that it was 

 unreasonable and absurd to ask or expect that a war commenced for 

 freedom, should be continued for the humble privilege of catching 

 fish. Mr. Gerry, who had grown up among the fishermen of Massa- 

 chusetts, replied : " It is not so much fishing," said he, " as enter- 

 prise, industry, employment. It is not fish merely which gentlemen 

 sneer at ; it is gold, the produce of that avocation. It is the employ- 

 ment of those who would otherwise be idle, the food of those 

 200 who would otherwise be hungry, the wealth of those who would 

 otherwise be poor, that depend on your putting these resolu- 

 tions into the instructions of your Minister." 



The majority of Congress sustained Mr. Gerry's propositions, in 

 fifteen divisions on calls of the ayes and noes, and rejected numerous 

 amendments offered to modify them ; but consented, finally, to the 

 adoption of the single declaration, that " 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 has induced us not to make 

 the acquisition of these objects an ultimatum on the present occasion." 



This declaration appears to have been the result of concession and 

 compromise; since Mr. Adams was instructed, in September, 1779, 

 first, " that the common right of fishing should in no case be given 

 up ; " second, " 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 all the 

 other fishing-banks and seas of North America, preserving inviolate 

 the treaties between France and the said States; " third, "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 hereinafter 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 in- 

 habitants of the United States of America in taking fish on the 

 banks of Newfoundland, and other fisheries in the American seas. 

 anywhere, except within the distance of three leagues of the shores 

 of the territories remaining to Great Britain at the close of the war. 

 if a neare r distance cannot be obtained by negotiation. And in the 

 negotiation you are to exert your most strenuous endeavours to obtain 

 92909 S. Doc. 870, 61-3, vol 4 32 



