According to order the report was taken into consideration on Tuesday the 6th; resumed again on Wednesday, Friday and Saturday following; and af ter debate, Congress agreed to the first and second articles.

MAY 7, 1779.

A memorial from the honourable the minister plenipotentiary of France was read.

Ordered, That the same, together with the report on communications, be taken into consideration tomorrow morning immediately after reading the journal.

MAY 8, 1779.

According to order, Congress resumed the consideration of the report of the committee of the whole; and the proposition under debate when the subject was last before Congress being read, to wit:

"That the right of fishing on the coasts and banks "of North America be reserved to the United States "as fully as they enjoyed the same when subject to the "king of Great Britain, excepting always what shall "have been excepted by the treaty of Paris between "France and the United States, the whole to be ex"plained by the treaties of Utrecht and of Paris with "Great Britain, and of Paris with the United States "of North America."

A substitute was moved by Mr. Morris, seconded by Mr. Burke, in the words following:

Whereas this Congress did on the fourth day of July, 1776, declare the several colonies by them represented to be free and independent states, that they were absolved from all allegiance to the British crown, and that all political connexion between them and the state of Great Britain was and ought to be totally dissolved; and that, as free and independent states, they had full power to levy war, conclude peace, contract alliances, establish commerce, and do all other acts and things which independent states might of right do; and for the support of that declaration, with a firm reliance on the protection of divine Providence, did mutually pledge to each other their lives, their fortunes, and their sacred honour: And whereas this Congress did resolve on the 22d day of April, 1778, That the said states could not with propriety hold any conference or treaty with any commissioners on the part of Great Britain, unless they should as a preliminary thereto, either withdraw their fleets and armies, or else in positive and express terms acknowledge the independence of the said states: And whereas this Congress, in a letter of the 17th day of June, 1778, from their President to the British commissioners, signed by their unanimous consent, did declare themselves inclined to peace, and that they would be ready to enter upon the consideration of a treaty of peace and commerce not inconsistent with treaties already subsisting, when the king of Great Britain should demonstrate a sincere disposition for that purpose: And whereas it is agreed in the treaty of alliance between the most christian king and the United States, that neither of the parties should conclude either truce or peace with Great Bri

tain without the formal consent of the other first obtained; and it is mutually engaged that the said parties should not lay down their arms until the independence of the United States should have been formally or tacitly assured by the treaty or treaties that should terminate the war: And whereas his most christian majesty therein guaranties on his part, to the United States, their liberty, sovereignty and independence, absolute and unlimited, as well in matters of government as of commerce: And whereas from information lately received, it is probable that a treaty of peace may soon be set on foot on the preliminary acknowledgment of the independence of the said states: And whereas, considering the exhausted situation of the said states, the derangement of their finances, and the defect of their resources, it is highly expedient to put a stop to the present destructive war: Therefore,

Resolved, That this Congress will agree to a treaty of peace with Great Britain, provided the absolute and unlimited liberty, sovereignty and independence of these United States, as well in matters of government as of commerce, shall be thereby acknowledged and assured; and provided, that no terms or articles shall be therein contained which are inconsistent with, or repugnant to, the treaties already subsisting between the most christian king and these United States.

An objection was made to this, as being out of order. And on the question, Is this substitute in order, the yeas and nays being required by Mr. MorrisNew Hampshire, Mr. Whipple,

>No.

Rhode Island,

1778.1

Massachusetts Bay, Mr. S. Adams,

No.
No. No.
Ay.
No.

No. No.

Mr. Gerry,

Mr. Lovell,

No.

}

155

Mr. Wynkoop,

Ay.)

South Carolina,

Mr. Laurens,
Mr. Drayton,

No.

Divided.

Ay.

[It appears that Georgia had no representative in Congress when this

vote was taken.]

So it passed in the negative.

MAY 11, 1779.

Ordered, That the committee appointed to prepare an answer to the letter lately received by Congress from his most christian majesty, do also report the draft of a representation to the king of France, stating the dif ficulties to which these states are exposed in obtaining arms, military and naval stores and clothing for the American army and navy, requesting his majesty to order them to be furnished with the necessary supplies, and pledging to him the faith of these states for the repayment of such sums, with interest, as may be advanced on their account, as soon as the restoration of peace shall enable them to make the necessary re

mittances.

That the said representation contain strong assurances of the confidence of Congress in the friendship of his majesty, and of their determination to evince the sense they entertain of it by a uniform adherence to the principles of the alliance.

That the marine committee and board of war lay before Congress, as soon as possible, a list of articles necessary to be imported for the use of their respective departments.