36 APPENDIX TO BRITISH COUNTER CASE. 



1779, August 13. . . . Congress proceeded to the consideration of 

 foreign affairs, and some time being spent thereon, 



22 Proceedings of Congress. 



The committee appointed to prepare instructions for the Minister 

 Plenipotentiary of the United States to be appointed for negotiating 

 a peace, brought in a draft which was taken into consideration, and 

 debated by paragraphs, was on Saturday, August 14, 1779, unani- 

 mously agreed to as follows : [Sic.] 



Adjourned to 10 o'Clock to Morrow. 



1779, August 14. ... Some time being spent in the consideration 

 of foreign affairs, 



Your Committee to whom were referred the Resolutions of Con- 

 gress upon the letters of Arthur Lee, Esq. and the communications 

 of the Minister of France, with order to prepare instructions thereon. 

 beg leave to Report : 



That having weighed and considered the matters to them referred 

 there appears to be four principal points, viz. 1st the instructions 

 to be given to the Commissioner of peace. 21y Those to be given to 

 the Commissioners who may be appointed to negotiate a treaty of 

 Commerce with Great Britain. Sly Those to be given to the Min- 

 ister of the United States at the Court of Versailles. And 41y those 

 to be given to the Minister of the Said States at the Court of Madrid 



Your Committee have prepared the first three sets of instructions 

 agreeably to the materials in their possession, but cannot perform 

 the last until the final determinations of Congress upon that subject. 

 Wherefore they report: 



A draft of Instructions to the Commissioner to be appointed to 

 negotiate a treaty of Peace with Great Britain. 



SIB : You will herewith receive a commission giving you full powers to 

 negotiate a treaty of peace with Great Britain, in doing which you will con*- 

 form to the following Information and Instructions: 



1st. The United States are sincerely desirous of peace, and wish by every 

 means consistent with their dignity and safety to spare the farther effusion of 

 blood. They have therefore, by your Commission and those instructions, 

 laboured to remove the obstacles to that event before the enemy have evidenced 

 their disposition for it. But as the great object of the present defensive war 

 on the part of the allies is to establish the Independence of the United States, 

 and as any treaty whereby this end cannot be obtained must be only ostensible 

 and illusory, you nre therefore to make it a preliminary article to any negotia- 

 tion that Great Britain shall agree to treat with the United States as Sovereign, 

 free, and Independent. 



In debating this article on Friday, the 13th, a motion was made by Mr. 

 [Thomas] Burke, seconded by Mr. [Edmund] Randolph, after the word's "as 

 sovereign, free, and independent," to add, "if an express acknowledgement of 

 the said independence shall be absolutely refused by the "King of Great 

 Britain." And on the question to agree to this amendment, the yens and nays 

 being required by Mr. [Thomas] Burke, . . . 



So it passed in the negative. 



21y. You shall take especial care also that the Independence of the Said States 

 be effectually assured and confirmed by the Trenty or treaties of peace, accord- 

 ing to the form and effect of the Treaty of Alliance with his Most Christian 

 Majesty, and you shall not agree to such treaty or treaties, unless the same be 

 thereby so assured aw3 confirmed. 



A vote was taken. Noes. 9 Ayes 3. 



