DOCUMENTS BEAEING ON TREATY OF 1*783. 31 



A motion was made by Mr. Himtington, seconded by Mr. M'Kean, 

 to amend the latter part so as to read, " no treaty of commerce shall 

 be entered into, or any trade or commerce whatsoever carried on with 

 Great Britain, without an explicit stipulation on her part, not to 

 molest or disturb the inhabitants of the United States of America in 

 taking fish on the banks of Newfoundland, and other fisheries in the 

 American seas any where, excepting within the distance of three 

 leagues of the shores of the territories remaining to Great Britain, 

 at the close of the war, if a nearer distance cannot be obtained by 

 negotiation." 



* * * * * * * 



1779, July 22. . . . Congress proceeded in the consideration of the 

 subject under debate on the 17th; and on the question to agree to the 

 amendment, 



Resolved in the affirmative. 



A motion was then made by Mr. Burke, seconded by Mr. Smith, to 

 strike out the words " without their unanimous consent." 



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

 being required by Mr. Gerry, . . . 



So it was resolved in the affirmative. 



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

 amend the proposition by adding, "Provided, that this resolution 

 shall not impede a treaty for concluding the present war." 



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

 being required by Mr. Burke, . . . 6 



So it passed in the negative. 



A motion was then made by Mr. Smith, seconded by Mr. Burke, 

 to add, " Provided this resolution shall not be binding on any, unless 

 a majority of the states in this union shall agree to make peace with 

 Great Britain, according to the terms of the treaty of alliance with 

 France." 



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

 being required by Mr. Smith, . . . c 



So it passed in the negative. 



On the question to agree to the proposition as amended, the yeas 

 and nays being required by Mr. Forbes, . . . d 



So it was resolved in the affirmative, 



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

 without their unanimous consent, no treaty of commerce shall be en- 

 tered into, or any trade or commerce whatever carried on with Great 

 Britain, without an explicit stipulation on her part not to mo- 

 19 lest or disturb the inhabitants of the United States of America 

 in taking fish on the banks of Newfoundland and other fisher- 

 ies in the American seas anywhere, excepting within the distance of 

 three leagues of the shores of the territories remaining to Great 

 Britain at the close of the war, if a nearer distance cannot be ob- 

 tained by negotiation. 



****** * 



1779, July %!}. . . . Congress proceeded in the consideration of the 

 subject under debate the 22d; and a motion was made by Mr. Dray- 



A vote was taken. Ayes 8. Noes 3. 



6 A vote was taken. Noes 10. Ayes 1. 



* A vote was taken. Noes 8. Ayes 3. 



* A vote was taken. Ayes 8. Noes 3. 



