DOCUMENTS BEARING ON TREATY OF 1*783. 27 



A motion was made by Mr. Gerry, seconded by Mr. Lee, to amend 

 the first part as far as the words " insisted on," by substituting in 

 lieu thereof the words following : 



That a common right with Great Britain to the fisheries on the coasts and 

 banks of North America be required and insisted on, preserving inviolate the 

 treaty of Paris between France and these United States. 



16 To which it was moved by Mr. Duane, seconded by Mr. 



Drayton, to add, " provided our allies can be prevailed on to 

 prosecute the war; but in no event shall the right or claim of these 

 states to the said fisheries be yielded up or impaired." 



A question being taken, Is this addition in order, 



Resolved in the affirmative. 



An amendment to the proviso was moved by Mr. Dickinson, sec- 

 onded by Mr. Penn, instead of the words " can be prevailed on to 

 prosecute the war," to insert, " shall be in circumstances to prosecute 

 the war with effect." 



A question being taken, Is this amendment in order, 



Resolved in the affirmative. 



On the question to agree to the amendment, the yeas and nays being 

 required by Mr. Drayton, . . . 



So it passed in the negative. 



******* 



1779, May 27. ... Congress resumed the consideration of the sub- 

 ject under debate on the 12th and 13th instant; and after debating 

 the substitute, as amended on the 13th, it was agreed by unanimous 

 consent, That all substitutes and amendments to the third article, 

 agreed to the 22nd of March last, be withdrawn. 



On the motion of Mr. Smith, seconded by Mr. Laurens, 

 Resolved, That the said third article be repealed. 

 On the motion of Mr. Burke, seconded by Mr. Drayton, 

 Resolved, That, in no case, by any treaty of peace, the common 

 right of fishery be given up. 



Adjourned to 10 o'clock to morrow. 



******* 



1779, June 3. ... Congress resumed the consideration of the report 

 on the communications from the Minister of France; and a motion 

 was made by Mr. Gerry, seconded by Mr. Sherman, in the words 

 following, to wit : 



To obviate any disputes which may arise respecting the fisheries, 

 it shall be stipulated in the treaty of peace, that the citizens of these 

 states and the subjects of the king of Great Britain be allowed the 

 free and peaceable use and exercise of their common right of fishing 

 on the banks of Newfoundland, and other banks and coasts of North 

 America, as fully and freely as they did or might have done during 

 their political connection. 



Whereupon it was moved by Mr. Witherspoon, seconded by Mr. 

 Laurens, to strike out the words " and the subjects of the king of 

 Great Britain." 



Question, Shall those words stand, 



Passed in the negative. 



A vote was taken. Noes 6. Ayes 4. 



