30 APPENDIX TO BRITISH COUNTEE CASE. 



So it was resolved, That it is essential to the welfare of all these 

 United States, that the inhabitants thereof, at the expiration of the 

 war, should continue to enjoy the free and undisturbed exercise of 

 their 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. 



******* 



1779, July 1. . . . Congress proceeded to the consideration of the 

 second proposition moved by Mr. Gerry. 



A motion was made by Mr. Burke, seconded by Mr. Drayton, to 

 strike out the words "explanatory," "more," "than it already is by 

 the treaties aforesaid." And a division being called for by Mr. 



Laurens, 



18 On the question, Shall the word " explanatory " stand, the 

 yeas and nays being required by Mr. Burke, . . . 



So it was resolved in the affirmative. 



On the question, Shall the words "more," "than it already is by 

 the treaties aforesaid," stand the yeas and nays being required by 

 Mr. Drayton, . . . 6 



So it was resolved in the affirmative. 



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

 required by Mr. Gerry, . . . c 



So it was 



Resolved, 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 right to the fisheries shall be 

 more explicitly guaranteed to the inhabitants of these states, than it already is 

 by the treaties aforesaid. 



The third proposition being read, 



A motion was made by Mr. Burke, seconded by Mr. Drayton, to 

 amend the same by adding, 



Provided that if Great Britain will acknowledge and ratify the liberty, sov- 

 ereignty and independence, absolute and unlimited, as well in matters of govern- 

 ment as of commerce, of these United States, and agree to the other articles in 

 the ultimatum resolved upon by Congress, the present war shall not be con- 

 tinued, notwithstanding Great Britain shall decline to make an express and 

 particular acknowledgment of the right aforesaid. 



******* 



1779, July 17. . . . Congress resumed the subject under debate the 

 first of this month; and the third proposition and the amendment 

 being read, a motion was made by Mr. Huntington, seconded by Mr. 

 Drayton, that the farther consideration thereof be postponed. 



On the question for postponing, the yeas and nays being required 

 by Mr. Gerry, . . . d 



So it was resolved in the affirmative. 



The fourth proposition was then read, " That the faith of Congress 

 be pledged to the several states, that, without their unanimous con- 

 sent, no treaty of commerce shall be formed with Great Britain pre- 

 vious to such stipulation." 



A vote was taken. Ayes 5. Noes 3. 



*A vote was taken. Ayes 5. Noes 4. 



c A vote was taken. Ayes 7. Noes 3. 



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



