DOCUMENTS BEARING ON TREATY OP 1783. 47 



ideas, since his own claim to the fisheries would, by a contrary doc- 

 trine, be suspended on the mere concession of Great Britain, instead 

 of resting on the solid and honourable basis of the law of nations, 

 and of right ; that if Great Britain cannot, by virtue of her occupancy 

 of the shore, claim an exclusive use of the fisheries beyond the vicinity 

 thereof, and a right to the common use is incident to the United States 

 as a free and independent community, they cannot admit that they 

 have no such right, without renouncing an attribute of that sover- 

 eignty which they are bound, as well by respect for his majesty's 

 honour as for their own interests and dignity, to maintain entire; that 

 this right is no less indispensable in its exercise than it is indisputable 

 in its principles, the inhabitants of a considerable part of the United 

 States being dependent thereon, both for a material proportion of 

 their subsistence, and for the means of their commerce; and as they 

 were in the full enjoyment of this resource prior to the revolution, the 

 loss of it by an event from which very different expectations have 

 been cherished, and which ought to bestow, as far as possible, equal 

 advantages on all who have laboured equally for its accomplishment, 

 could not fail to be attended with disappointment, and mortifying 

 comparisons : that from these considerations, Congress have the most 

 earnest desire, as well as the most sanguine hope, that his majesty's 

 efforts will obtain for his allies a stipulation on the part of Great 

 Britain, not to molest them in the common use of the fisheries, as 

 above stated; or, if insuperable difficulties should oppose a positive 

 stipulation in their favour, that his majesty will in every event find 

 means to avoid a surrender of that common right: that whilst, how- 

 ever, this latter expedient is suggested to his majesty, it cannot escape 

 his discernment that it is so pregnant with dangerous consequences, 

 that the former cannot be contended for with too much urgency and 

 zeal. 



******* 



On the 22d of January, 1782, the foregoing report was referred to 

 another committee, consisting of Mr. Carroll, Mr. Randolph and 

 Mr. Montgomery, who on the 16th day of August, 1782, reported, 

 that they have collected facts and observations as follows, which they 

 recommend to be referred to the secretary for foreign affairs, to be 

 by him digested, completed and transmitted to the ministers pleni- 

 potentiary for negotiating a peace, for their information and use. 

 ******* 



August 20, 1782. The report being under debate for referring the 

 foregoing facts and observations to the secretary for foreign affairs, 

 to be by him digested, completed and transmitted to the ministers 

 plenipotentiary of the United States for negotiating a treaty of 

 peace 



A motion was made by Mr. Rutledge, seconded by Mr. Williamson. 

 to postpone the consideration of the report to make way for a motion 

 which he read in his place by way of argument. 



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

 by Mr. Telfair . . . ." 



So the question was lost. 



A vote was taken. Ayes 6. Noes 4. 



