QUESTION ONE. 7 



The treaty last referred to, was as follows (App., p. 3) : 



Article X. The United States, their citizens and inhabitants, 

 shall never disturb the subjects of the most Christian King in the 

 enjoyment and exercise of the right of fishing on the banks of New- 

 foundland, nor in the indefinite and exclusive right which belongs to 

 them on that part of the coast of that island which is designed by 

 the treaty of Utrecht; nor in the rights relative to all and each of 

 the isles which belong to His Most Christian Majesty ; the whole con- 

 formable to the true sense of the treaties of Utrecht and Paris. 



Instead, therefore, of claiming, as originally suggested, a share in 

 such fisheries as France was interested in, Congress now demanded a 

 common right with Great Britain " as fully as they enjoyed the 

 same when subject to the King of Great Britain " in everything, 



except what had already been assigned to France. 

 10 It is specially noteworthy that while the resolution of the 



22nd March referred to " coasts, bays, and banks," the resolu- 

 tion of the 24th dropped the word " bays," and that from all subse- 

 quent resolutions the word " coasts " also was omitted the expres- 

 sion afterwards used being " banks and seas." From the 24th March 

 on, nothing is heard of any claim to fish in British bays, or upon 

 British coasts. Upon the contrary, it will be seen that Congress 

 expressly declared that the United States made no such claim. 



Previous resolutions having been rescinded, renewed consideration 

 of the subject was initiated by Mr. Gerry's resolutions of the 19th 

 June, 1779, which were as follows (App., p. 16) : 



1. That it is essential to the welfare of 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. 



2. That an explanatory article be prepared and sent to our minis- 

 ter 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. 



3. That in the treaty of peace with Great Britain a stipulation 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. 



4. That the faith of Congress be pledged to the several states, 

 that, without their unanimous consent, no treaty of commerce shall 

 be formed with Great Britain previous to such stipulation. 



5. 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 this business shall give notice 

 thereof to Congress, and not sign any treaty of peace until their 

 pleasure be known. 



