DOCUMENTS BEARING ON TREATY OF 1783. 25 



to the King of Great Britain, excepting always what shall have been excepted 

 by the treaty of Paris between France and the United States the whole to be 

 explained by the treaties of Utrecht and Paris with Great Britain, and of Paris 

 with the United States of North America. 



On the question, Shall this be received as a substitute, the yeas and 

 nays being required by Mr. Gerry . . . a 



So the substitute was received ; and the article as heretofore agreed 

 to, and the amendment proposed, were set aside. 



******* 



1779, May 8. ... According to order, Congress resumed the con- 

 sideration of the report of the committee of the whole ; and the propo- 

 sition under debate when the subject was last before Congress being 

 read, to wit : 



That the right of fishing on the coasts and banks of North America be re- 

 served to the United States as fully as they enjoyed the same when subject to 

 the King of Great Britain, excepting always what shall have been excepted by 

 the treaty of Paris between France and the United States, the whole to be 

 explained by the treaties of Utrecht and of Paris with Great Britain, and of 

 Paris with the United States of North America. 



A substitute was moved by Mr. Morris, seconded by Mr. Burke, in 

 the words following: 



Whereas this Congress did on the fourth day of July, 1776, declare the several 

 colonies by them represented to be free and independent states, that they were 

 absolved from all allegiance to the British crown, and that all political connec- 

 tion between them and the state of Great Britain was and ought to be totally 

 dissolved ; and that, as free and independent states, they had full power to levy 

 war, conclude peace, contract alliances, establish commerce, and do all other 

 acts and things which independent states might of right do ; and for the support 

 of that declaration, with a firm reliance on the protection of divine Providence, 

 did mutually pledge to each other their lives, their fortunes, and their sacred 

 honour. 



And whereas this Congress did resolve on the 22nd day of April, 1778. That 

 the said states could not with propriety hold any conference or treaty with any 

 commissioners on the part of Great Britain, unless they should as a preliminary 

 thereto, either withdraw their fleets and armies, or else in positive and express 

 terms acknowledge the independence of the said states. 



And whereas this Congress, in a letter of the 17th day of June, 1778, from 

 their President to the British commissioners, signed by their unanimous consent, 

 did declare themselves inclined to peace, and that they would be ready to enter 

 upon the consideration of a treaty of peace and commerce not inconsistent with 

 treaties already subsisting, when the King of Great Britain should demonstrate 

 a sincere disposition for that purpose : And whereas it is agreed in the treaty of 

 alliance between the Most Christian King and the United States, that neither 

 of the parties should conclude either truce or peace with Great Britain without 

 the formal consent of the other first obtained; and it is mutually engaged 

 15 that the said parties should not lay down their arms until the independ- 

 ence of the United States should have been formally or tacitly assured 

 by the treaty or treaties that should terminate the war. 



And whereas his Most Christian Majesty therein guarantees on his part, to 

 the United States, their liberty, sovereignty, and independence, absolute and 

 unlimited, as well in matters of government as of commerce. 



And whereas from information lately received, it is probable that a treaty of 

 peace may soon be set on foot on the preliminary acknowledgment of the inde- 

 pendence of the said states: And whereas, considering the exhausted situation 

 of the said states, the derangement of their finances, and the defect of their 

 resources, it is highly expedient to put a stop to the present destructive war : 

 Therefore, 



Resolved, That this Congress will agree to a treaty of peace with Great 

 Britain, provided the absolute and unlimited liberty, sovereignty and inde- 

 pendence of these United States, as well in matters of government as of com- 



A Tote was taken. Ayes 6. Noes 4. 



