The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-03-23

/
owners and his too though the registry act requires
their names 70 be set forth oath in the register and
Furnishes a failure OF violation
Our admiralty courts understand this matter very well
and nave repeatedly ruled that the the register
are on PRIME jae,e evidence OF ownership, and that oral
Nor must be told that the British emancipees would
nave no desire TO leave their islands Nine enths
OF the crsws OF the Bahama vessels are composed of them
and theF labor being worth about tenth OF what il
would b. on the Florida coast, and feversh
desire exists amongst them 10 come shores.
Need remind the Senate OF the policy which the
southern Sales FIRMLY pursue towards this class OF per-
sons, or Oh the laws which the dictates OF self preserva
ton ha' placed upon their Is necessary
ior me 10 declare that no power earth consain
them under any preext whatever, to permit these Brit
lsh emancPees--the dle vicious, mschievous, and de-
generate results OF the British emancipation policy,
whether called crews OF vessels or MOTTO touch their
shores or reside within their jurisdiction!
II evTy statute OF the southern States upon this sub
lect wee swept away, that great principle of all legal
systems The immulable principle Of self-preseva,ion,
would tevise some ready means OF preventing an evil
which experience has shown cannot be too carefully con-
rolled Were the general government unequivocally 10
recognise the right OF the manumted negroes OF BRIAN
TO fish within the waeTs and cure their fish upon The
shores southern State, would be clearly illegal but
whether illegal not, such right could never be en-
forced and II is as well TO say so at once.
Sir, il his bill is not designed TO produce the state OF
things which have anticpaedand do not suppose for
a momen that il was SO desiyned-then this amendment
OF nine smanfesty proper Tor we cannot 100 carefully
avoid sucl Interpretation. Nor should we permit our
selves TO language which may msead the British
government am unwilling to any language which
may be construed into admission that the fisheries OF
the Staeshat is, the fisheries, ii please, within three
miles OF ue coast OF a Stalecan be possessed enjoyed
by any fueign power without the consent OF the State;
and equally unwilling TO use any language which
may, even by implication, be construed into admission
that the general government may legisate persons within
he jurisdiction OF State. ahoat ashore contrary
/ the laws Of such State.
Relieve the bill from these objections, and may vote
for it, but seeing, as do that, in its present shape it is
vioave rights dear to all The States. that its operation
must prove highly offensive to large portion OF this
Union-a portion, oo which, under all and every demand
OF our common country has never faered shfunk
from maintaining every hazard, its dignity and honor
cannot think OF giving il my sanction; and call upon
senators around in whose wachiuness the rights
| OF the States | SO firmly confde. 10 examine ii.
| Mr. DAVIS. shall make very brief reply to the
senator from Florida, Mr. MALLORY He has two OBJ.
jections my amendment The first is, that it is to in.
terfere with the rights OF the Saies-he jurisdiction, in
other words, the of the United States Now
sir believe The bill is exempt from that difficulty
tirey II limits the operation Of the amendment TO the
| /" waters oil the United Siates;" in other words, the
waters which the United States have sovereignty
and jurisdiction. Therefore, il State has the rights
and privileges such as the senator from Florida sup
poses to be vested IN them, that is not right
The expressions used in the bill is common rights
rights common 10 the whole country, open TO everybody
where everybody and anybody may 90 and institute
fishery. Ii tbs State right, is not common right !;
IL is right exclusively in the States. II is private
fishery, is right vested in private gentlemen, and they
not intended 10 be invaded or touched al all by the
amendment do not undertake TO settle where the SOW
eegny oil tne Slae goes, and WheTe the sovereignty OF
the united States commences, though have decided
opinion about that take the constitutional provision
be very clear But the amendment sell is limited 10 the
waters of the United States. and TO rights in
those waters. 1t necessarily by iis excludes pr
vaie rights and also State rights The amendment does
claim the part OF the United States any authority
or jurisdiction any OF the waters which the const-
/ tutlon does not give.
Mr. BAYARD. The honorable senator will allow me
TO make suggestion here The language of the amend
menl limits jurisdiction TO The waters OF the United
States, excepting from that jurisdiction river rights of
fishing The exception, Therefore, necessarily implies
that all the waters OF the United States which they
have any species OF jurisdiction than river fisheries
are to come within the terms OF the amendment. Now
understand the amendment OF the senator from Florida
simply is TO make The amendment OF the seaalor from
Massachusetts more definite, aud dehBe what the rights
OF the State is lar her territorial jurisdiction
cefned. There certainly harm result from the
adoption OF that amendment | think there might be a
difficulty under the general language OF the amendment
OF the from Massachusetts when II declares that
foreign nations shall have the night TO fish in the waters
OF the United States with the exception OF river fisheries
As hold the question 10 be free from possibility OF doubt
that the States have exclusive jurisdiction with ref
eence to the right of fishing in It's territorial linits
think the amendment OF the senator from Florida is es-
Mr. DAVIS. The gentleman inerpolates an argument
into mine, but at the time II brings you back to the
view / take of the subject. The original amendment,
itself, az ri kTmn implies nothing but that il shall APP
ply TO those waters over which the United States have
jurisdiction II II implies more, am willing that il shall
be altered II says, "the waters OF the United States
meaning thereby waters which the United States
have jurisdiction, and over which they have power 10
concede this right Ii not the purpose OF amend
ment 10 interfere any way wlh the waters which
the States have jurisdiction. will not trouble the Sen.
ate, however, with further remarks on that point.
think very clear that such is the meaning, and
tanly il is The intent, OF the provision.
But the from FLORIDA makes another objection
which will answer with equal brevlty He supposes
that injustice may be done 10 the southern States
by free negroes living in the Bahama islands,
understand thai they may come in upon the fisheries
and do sort of mischief themselves disturb the
peculiar institution do not know precisely what il is
They good fishermen, he says, but they may
under color OF right under this enactment III should be
so made. Nov, lei me say TO the gentleman that the
amendment limited 10 the live northern provinces oil
Great Britain which are named-Canada, New Bruns-
wick, Nova Scotia, Prince Edward Island, and New
ioundano II is limited to those provinces and to the
waters OF those provinces, and 1t ~ limited Not only TO
the veseis oil those proyincesto vessels belonging
therebut 10 persons resident there have taken every
pains TO limit TO those people, and 10 those alone Now
impossible That any such persons as the senator IRON
Florida supposes could come 10 and FISH, and exercise
any such authority cannot say that frauds may not be
perpelfaled. cannot say tha black may not be
mistaken for a white man but the people IN The north
provinces are generally white people. cannot say
that fraud Of that may not be perpeualed with
success but do not that II could be done without
exciting suspicious, and suspicious dangerous in their
character. Is i not enough tia, these pretended hsh
| ermen are black and speak different language
do not know whether The transfer oil vessels may be
made with as much facility the gentleman seems 10
suppose bul do not see any motive for IT, do not
posed do no, see how vessel OF the character which
| the senator from Florida describes could enter those
waters and successfully fish without being exposed TO
seizure unless she could make appear inat the vessel
itself belonged to OF the northern provinces, and
manned by persons resident those provinces She
mus The can hav lp