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116 (3) The navigation of that river to the southern boundary of the States with a port below it.

They also passed a resolution to the effect that any interference after the conclusion of peace by any power with the fishery off Newfoundland hitherto exercised by the inhabitants of the Colonies, should be regarded as a casus belli.

"The advice of the allies, their knowledge of American interests, and their own discretion," were in other matters to guide the American Commissioners sent to the European Courts. As however the war progressed, and French assistance, especially in money, became of greater and greater importance to the Congress, the tone of their instructions became sensibly modified, under the pressure, first of M. Gérard and then of Count La Luzerne, his successor.

On the 25th January 1780, M. Gérard having obtained the appointment of a Committee of Congress, informed them that the territories of the United States extended no further west than the limits to which settlements were permitted under the demarcation line of the Proclamation of 1763; that the United States had no right to the navigation of the Mississippi, having no territories adjoining any part of the river; that Spain would probably conquer both the Floridas, and intended holding them; and that the territory on the east side of the Mississippi belonged to Great Britain, and would probably be conquered by Spain. He at the same time urged upon Congress the immediate conclusion of an alliance with that power, to which Jay had been sent as Commissioner in 1779. On the 15th February, Congress having considered this communication, resolved to instruct Jay to abandon the claim to the navigation of the Mississippi. This practically implied the abandonment of the claim to that river as the western boundary. Shortly after, and again on the demand of La Luzerne, the instructions to Adams, who had been appointed Commissioner for negotiating a peace