DOCUMENTS BEAKING ON TREATY OF 1783. 39 



of His Majesty an explanation on that subject upon the principle that, notwith- 

 standing the high confidence reposed in his wisdom and justice, yet considering 

 the uncertainty of human affairs and how doubts may be afterwards raised in 

 the breasts of his Royal Successors, the great importance of the Fisheries 

 renders the Citizens of these States very solicitous to obtain His Majesty's 

 sense with relation to them as the best security against the ambition and 

 rapacity of the British Court. For this purpose you shall propose the follow- 

 ing article, in which nevertheless such alterations may be made as the circum- 

 stances and situation of affairs shall render convenient and proper. Should 

 the same be agreed to and executed you are immediately to transmit a Copy 

 thereof to our Minister at the Court of Spain. 



Whereby, by the Treaty of Alliance between the most Christian King, and 

 the United States of North America, the two parties guarantee mutually from 

 that time and forever against all other powers, to wit: The United States to His 

 Most Christian Majesty the possessions then appertaining to the Crown of 

 France in America, as well as those which it might acquire by the future treaty 

 of Peace; and His Most Christian Majesty guarantees on his part to the United 

 States their liberty, Sovereignty and Independence, absolute and unlimited, as 

 well in matters of Government as commerce, and also their possessions and the 

 additions or conquests that their confederation might obtain during the war 

 according to the Said Treaty. And the said parties did further agree and de- 

 clare that in case of a rupture between France and England the said reciprocal 

 guarantee should have its full force and effect the moment such war should 

 break out And whereas doubts may hereafter arise how far the said guar- 

 antee extends to this case, to wit: that Great Britain should molest or disturb 

 the subjects and Inhabitants of France or of the said States in taking fish on 

 the Banks of Newfoundland, and other the fishing banks and Seas of North 

 America formerly and usually frequented by the said subjects and Inhabitants 

 respectively. And whereas the said King and the United States have thought 

 proper to determine with precision the true intent and meaning of the said 

 guarantee in this respect, now therefore, as a further demonstration of their 

 mutual good will and affection, it is hereby agreed, concluded and determined 

 as follows, to wit: That if, after the conclusion of the treaty or treaties which 

 shall terminate the present war, Great Britain shall molest or disturb the sub- 

 jects or Inhabitants of the said United States in taking fish on the Banks, st-as 

 and places formerly used and frequented by them, so as not to encroach on (he 

 territorial rights which may remain to her after the termination of the present 

 war as aforesaid, and war should thereupon break out between the said United 

 States and Great Britain; or if Great Britain shall molest or disturb the sub 

 jects and Inhabitants of France in taking Fish on the Banks. Seas and places 

 formerly used and frequented by them, so as not to encroach on the territorial 

 rights of Great Britain as aforesaid, and war should thereupon break out be- 

 tween France and Great Britain. In either of those cases of war as aforesaid. 

 His Most Christian Majesty and the said United States shall make it a com- 

 mon cause, and aid each other mutually with their good offices their counsels 

 and their forces, according to the exigence of conjunctures as becomes good and 

 faithful allies. Provided always, that nothing herein contained shall be taken 

 or understood as contrary to or inconsistent with the true intent and meaning 

 of the treaties already subsisting between his Most Christian Majesty and the 

 Said States; but the same shall be taken and understood as explanatory of and 

 conformable to those treaties. 



All which nevertheless is most humbly submitted 



GotrvR. MORRIS, 

 Chairman of the Comte. 



PHILADELPHIA 12th Aug. 1779. 



On debating these instructions by paragraphs, when the question 

 was about to be put to agree to this clause [*c], the yeas and nays 

 being required by Mr. [Meriwether] Smith, . . . a 



So it was resolved in the affirmative. 



* * ***** 



25 1779. September 27. ... Resolved, That Congress proceed 



to the election of a minister plenipotentiary for negotiating a 

 treaty of peace and a treaty of commerce with Great Britain. 



A vote was taken Ayes 9. Noes 2. 



