26 APPENDIX TO BKITISH COUNTER CASE. 



inerce, shall be thereby acknowledged and assured; and provided, that no terms 

 or articles shall be therein contained which are inconsistent with, or repugnant 

 to, the treaties already subsisting between the Most Christian King and these 

 United States. 



An objection was made to this, as being out of order. And on the 

 question, " Is this substitute in order," the yeas and nays being re- 

 quired by Mr. Morris, . . . a 



So it passed in the negative. 



* * * * - * * * 



1779, May 12. . . . Congress resumed the consideration under de- 

 bate on the 8th instant ; and the proposition being read, " That the 

 right of fishing," &c. 



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

 the words following, to wit : 



That the ministers of these United States be instructed on a negotiation- for 

 peace, to obtain for these United States an explicit acknowledgment of a com- 

 mon right to fish every where on the high seas, and as near the coasts of the 

 territories which shall remain in the possession of Great Britain as is permitted 

 to any other nation ; provided always, that all exclusive rights to fishing of the 

 allies of these United States shall not be affected by any such acknowledgment. 

 And in case such acknowledgment shall be refused, and our allies can be pre- 

 vailed on to assist in the prosecution of the war, no peace be agreed to on the 

 part of these United States. But in case our allies shall not agree to assist in 

 prosecuting the war, the said Ministers be instructed to consent to a peace with- 

 out such acknowledgment; provided, that the claim of these states to such right 

 of fishing shall, in no event, be given up. 



After some debate, another substitute, in lieu of the whole, was 

 moved by Mr. Morris, seconded by Mr. Smith, in the words fol- 

 lowing : 



That if the court of Great Britain shall immediately acknowledge the inde- 

 pendence of the United States of America, then, that an equal share of the 

 fisheries with Great Britain, as far as the same can be obtained consistently 

 with the treaty of Paris between France and the United States, be required and 

 insisted on; but that, if Great Britain shall continue to prosecute the present 

 iniquitous and destructive war, then, that eventual engagements be taken to 

 exclude her from the fisheries, and divide the same equally between France, 

 Spain, and America. 



A motion was made by Mr. Lee, seconded by Mr. Sherman, to strike 

 out the words " that if the court of Great Britain shall immediately 

 acknowledge the independence of the United States of America, then." 



The question, Shall those words stand, passed in the negative; and 

 the words were struck out. 



Another amendment was moved by Mr. R. H. Lee. seconded by Mr. 

 Gerry, to strike out the words " as far as the same can be obtained." 



Adjourned to 10 o'clock to morrow. 



1719, May 13. . . . The subject resumed, and on motion of Mr. 

 Smith, seconded by Mr. Sherman, 



Resolved, That the words "can be obtained" be struck out; and 

 in their room the word " is " inserted ; and that the word " con- 

 sistently " be changed into " consistent." 



The substitute being amended to read, " that an equal share of the 

 fisheries with Great Britain, as far as the same is consistent with the 

 treaty of Paris between France and the United States, be required 

 and insisted on, but that if," &c. to the end. 



A vote was taken. Noes 6. Ayes 3. 



