34 APPENDIX TO BRITISH COUNTER CASE. 



line to be drawn from Lake Nipissing to the head of the Mississippi cannot be 

 obtained without continuing the war for that purpose, then, that a line or lines 

 may be drawn more southerly so as not to be southward of a line in latitude 45 

 north. 



2. Every post and place within the United States, and every island, harbour 

 and road to them, or any of them belonging, be absolutely evacuated by the 

 land and sea forces of his Britannic Majesty, and yielded to the powers of the 

 States to which they respectively belong. 



3. That in no case by any treaty of peace, the common right of fishing be 

 given up. 



Resolved, That a cessation of hostilities during the negotiation may be agreed 

 to, but not without the consent of our ally, nor unless it shall be previously stipu- 

 lated that all the forces of the enemy shall be immediately withdrawn from the 

 United States. 



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 New- 

 foundland, and the other fishing banks and seas of North America, preserving 

 inviolate the treaties between France and the said States. 



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. 



Resolved, That the faith of Congress be pledged to the several States that 

 without their unanimous consent, no treaty of commerce shall be entered into, 

 nor 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. 



Resolved, That if after a treaty of peace with Great Britain, she shall molest 

 the citizens or inhabitants of any of the United States in taking fish on the 

 banks and places described in the last foregoing resolution, such molestation 

 being, in the opinion of Congress, a direct violation and breach of the peace, 

 shall be a common cause of the said States, and the force of the union be 

 exerted to obtain redress for the parties injured. 



21 Proceedings of Congress. 



The committee appointed to prepare a commission for the minister 

 plenipotentiary to be appointed to negotiate a treaty of peace brought 

 in a draught, which was read ; 



Ordered, That the same be taken into consideration to-morrow. 



Resolved, That a committee of five be appointed to prepare instructions for 

 the minister plenipotentiary of these United States, to be appointed for nego- 

 tiating a peace. 



The members chosen, Mr. [Gouverneur] Morris, Mr. [Henry] 

 Laurens, Mr. [Samuel] Huntington, Mr. [John] Dickinson, and Mr. 

 [Thomas] McKean. 



Adjourned to 10 o'clock to morrow. 



******* 



1779, August 5. . . . Congress proceeded to the consideration of 

 the report of the committee on the letters from A. Lee, Esq.. and the 

 communications of the Minister Plenipotentiary of France, and 

 some time being spent thereon, 



Congress resumed the consideration of the report of the committee 

 on the letters from Mr. Lee, and communications of the minister of 

 France. And on motion of Mr. [Thomas] M'Kean, seconded by Mr. 

 [Gouverneur] Morris. 



Resolved, That so much of the said report as relates to the obtaining a 

 subsidy from Spain be postponed. 



