28 APPENDIX TO BRITISH COUNTER CASE. 



A motion was made by Mr. Sherman, seconded by Mr. Spencer, to 

 strike out the words, " as fully and freely as they did or might have 

 done during their political connection." 



Question, Shall these words stand, 



Passed in the negative. 



Tt, was then moved by Mr. Witherspoon, seconded by Mr. Laurens, 

 to strike out the words " and coasts." 



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

 being required by Mr. Gerry, . . . a 



So it passed in the negative, and the words were struck out. 



A motion was made by Mr. Ellery, seconded by Mr. Witherspoon, 

 after " other banks " to insert, " and in the sease ; " which being 

 amended to read " and seas "- 



On the question, Shall the words " and seas " be inserted, the yeas 

 and nays being required by Mr. Ellery, . . . 



So it passed in the negative. 



The motion being amended to read, " 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 shall be allowed the free 

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

 the banks of Newfoundland and other banks of North America." 



When the house was ready for the question, the previous question 

 was moved by Mr. Witherspoon, seconded by Mr. Scudder. 



And on the question to agree to the previous question, the yeas 

 and nays being required by Mr. Gerry, . . . 6 



So it was resolved in the affirmative; and the main question was 

 set aside. 



******* 



1779, June 19. ... Congress resumed the consideration of the re- 

 port on the communication. &c., when the following resolutions were 

 moved by Mr. Gerry, seconded by Mr. Ellery, 



1. That it is essential to the welfare of these United States that 

 the inhabitants thereof, at the expiration of the war, should con- 

 tinue to enjoy the free and undisturbed exercise of their 



17 common right to fish on the banks of Newfoundland, and the 

 other fishing banks and seas of North America, preserving 

 inviolate the treaties between France and the said states. 



2. That an explanatory article be prepared and sent to our minister 

 plenipotentiary at the court of Versailles, to be by him presented to 

 his most Christian Majesty, whereby the said common rights to the 

 fisheries shall be more explicitly guaranteed to the inhabitants of 

 these states than it already is by the treaties aforesaid. 



3. That in the treaty of peace with Great Britain a stipulation be 

 made, on their part, not to disturb the inhabitants of these states 

 in the free exercise of their common rights to the fisheries aforesaid ; 

 and that a reciprocal engagement be made on the part of the United 

 States. 



4. That the faith of Congress be pledged to the several states, that, 

 without their unanimous consent, no treaty of commerce shall be 

 formed with Great Britain previous to such stipulation. 



A vote was taken. Noes 8. Ayes 3. 

 6 A vote was taken. Ayes 7. Noes 4. 



