22 APPENDIX TO BRITISH COUNTER CASE. 



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, com- 

 prehending all islands within twentv 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 south- 

 erly 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 abso- 

 lutely 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 possi- 

 bly 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 land* which divide those rivers which empty themselves into 

 the River St. Lawrence from those which fall into the Atlantic 

 Ocean to the north-westernmost head of Connecticut River; 

 13 thence down along the middle of that river to the forty-fifth de- 

 gree 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 



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 "con- 

 tinued unless," &c.. read " continued, unless our Allies shall absolutely refuse 

 and threaten to make a separate peace." 



