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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journals of the Continental Congress --THURSDAY, JUNE 3, 1779
Mr. [Francis] Lewis, a delegate for New York, attended and took his seat in Congress.
A letter, of this day, from Robert Harris, was read, praying Congress to take into consideration his petition for leave under a safe conduct, or passport, to remove his property from the province of Nova Scotia into some port or place within these states not in the power of the enemy; Whereupon,
Ordered, That the letter and petition be referred to the Marine Committee, and that a safe conduct or passport be
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granted to the petitioner upon his complying with such orders and directions as the Marine Committee shall give on the subject.
A petition of Thomas Armor was read:
Ordered, That it be referred to the Board of War.
The committee to whom was referred the letter from Brigadier General Thompson and Colonel Webb, in behalf of themselves and sundry others, representing, that General Clinton had consented to their retiring into the country on parole, until such time as they shall be called for; and that he required in return that they should obtain permission for Generals Philips and Reidesel, with their aids de camp, and Captain Waterson of the 21st regiment, to go into New York on the same condition; and praying that Congress will be pleased to comply with the said proposal for their parole exchange, brought in a report; Whereupon,
Resolved, That the Commander in Chief be authorized to make such and so many parole exchanges as he shall, from time to time, judge beneficial or expedient.1
[Note 1: 1 This report, in the writing of Joseph Spencer, is in thePapers of the Continental Congress, No. 19, VI, folio 27.]
The committee to whom was referred the memorial of M. de Francey, brought in a report, which was read:
Ordered, That Saturday next be assigned for taking the same into consideration.
Ordered, That the original invoices brought in with the report be delivered to M. de Francey, being vouchers to support the claims of M. de Beaumarchais against the United States.
According to order, Congress proceeded in the consideration of the report of the committee on the letters from A. Lee, Esq. and communications of the Minister Plenipotentiary of France, &c, and some time being spent thereon,
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Congress resumed the consideration of the report on the communications from the Minister of France; and a motion was made by Mr. [Elbridge] Gerry, seconded by Mr. [Roger] Sherman, in the words following, to wit:
To obviate any disputes which may arise respecting the fisheries, it shall be stipulated in the treaty of peace, that the citizens of these states and the subjects of the king of Great Britain be allowed the free and peaceable use and exercise of their common right of fishing on the banks of Newfoundland, and other banks and coasts of North America, as fully and freely as they did or might have done during their political connexion.
Whereupon it was moved by Mr. [John] Witherspoon, seconded by Mr. [Henry] Laurens, to strike out the words, "and the subjects of the king of Great Britain."
Question, Shall those words stand,
Passed in the negative.
A motion was made by Mr. [Roger] Sherman, seconded by Mr. [Joseph] Spencer, to strike out the words, "as "fully and freely as they did or might have done during "their political connexion."
Question, Shall these words stand,
Passed in the negative.
It was then moved by Mr. [John] Witherspoon, seconded by Mr. [Henry] Laurens, to strike out the words "and coasts."
And on the question, Shall those words stand, the yeas and nays being required by Mr. [Elbridge] Gerry,
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So it passed in the negative, and the words were struck out.
A motion was made by Mr. [William] Ellery, seconded by Mr. [John] Witherspoon, after "other banks," to insert, "and in the seas;" which being amended to read "and seas"--
On the question, Shall the words "and seas" be inserted, the yeas and nays being required by Mr. [William] Ellery,
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So it passed in the negative.
The motion being amended to read, "To obviate "any disputes which may arise respecting the fisheries, "it shall be stipulated in the treaty of peace, that the "citizens of these states shall be allowed the free and "peaceable use and exercise of their common right of "fishing on the banks of Newfoundland and other banks "of North America."
When the house was ready for the question, the previous question was moved by Mr. [John] Witherspoon, seconded by Mr. [Nathaniel] Scudder.
And on the question to agree to the previous question, the yeas and nays being required by Mr. [Elbridge] Gerry,
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So it was resolved in the affirmative; and the main question was set aside.1
[Note 1: 1 These proceedings were entered only in the manuscript Secret Journal, Foreign Affairs.]
Adjourned to 10 oClock to Morrow.
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