24 APPENDIX TO BEITISH COUNTER CASE. 



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 . . , 



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.' 1 '' 



And on the question, Shall those words stand, the yeas and nays 

 being required by Mr. Drayton. . . , 6 



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, . . . c 



So it was resolved in the affirmative. 



On the question to agree to the second part, 



Resolved, in the affirmative. 

 14 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 tomorrow. 



******* 



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 circum- 

 stances 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 



A vote was taken. Noes 7. Ayes 2. 

 *A vote was taken. Ayes 6. Noes 5. 

 c A vote was taken. Ayes 9. Noes 1. 



