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

we re considering up The ground that they ineapa
Bile Of being appropriated until they are caught ins % az
forth, l. ch 8, sect aud o. who quotes Gotns as ms
authority lays :, down that although wd beasts, onu,, -
fact been Appropriated so as TO separate Them rom the
where the exclusive right in the water and soil which .
person has occasion TO use IN taking then Veru IN
Others no other person can claim s SI, ps ps 80 anpe
prated The sovereign, says Grotius, b. z Oh sect
who dominion the land. waters In which the
fish are may prohibit [by which expression VIZ
unde him Others than subjects OF citizens oil
| the STATED from taking them
"There arc doubtless which may be done upoa the
naygabe waters Of State which the government OF .ht
power prohibit and TO punish as oencessuc Tor ex-
ample, throwing ballast into them or In any o.net way
hold that the power 10 regulate the fisheries belonging
vress those regulations exclusively vested in the States
respectively the time when the present constitution wa,
adopted and that il was not surrendered 10 the Uni'ed
States by the grant of admiralty aud maritime iur,
dc,ion judicial branch OF the government Indeed,
This power in the states 10 regulate The fisheries in heir
rivers and not in direct terms, ques
toned by the plaintiff. eonnsel and YET their argument
upon this point, when followed OUT to ITS necessary conse
quences amounts TO denial OF that power
The senator from New Jersey who sits fur,hest from
me will doubtless remember this case, which resulted in
sustaining the jurisdiction of that Stale over the fisheries
in part of Delaware bay, and in excluding the citizens
OF other States from taking fish within her jurisdiction
without her consent.
But, sir, when the senator from Massachusetts, intro
duced this bill, he admitted the proposition that this
rig hi exclusive in the States anterior TO the toa
tion of constitution; Tor he proposes TO exercise a
power which the general government if possessed OF al
ALL could only have derived from the States and is
incumbent upon him TO show wherein and how they have
parted with it,
II the general government does possess the right
the fisheries within the jurisdiction OF the States which
is here claimed II must be found In the constitution and
where are TO leok Tor it?
1t is asserted that is included in The terms OF the first
article of the eighth section OF the constitution, which
gives TO Congress the
.Powerto regulate commerce with foregin nations and
among the several States"
| But this is not an open question 1t has been judi
cally determined by the courts OF the country fhe right
to regulate commerce presupposes an eIng commerce.
and implies the power TO provide Tor and regulate ITS con-
duct, or transit, the the land and though
Congress may rightiuy confer upon foreign nations the
right OF way the waters of State, and regulate and
control that right OF way for the public interests without
the of the State can hardly be thence assumed
that deprive the State OF its property lis treasures
within its waters. without lis consent In ceding TO The
general government This right TO /" regulate commerce,
the States parted with perogaive, but not with their
tangible properly They no more parted with the fish
cries in their waters which commerce is regulated
than they did with the minerals in their soil, which
the land transit OF the United States mails Is regulated
The legislation OF Congress, from the formation OF
government 10 the present moment shows that no at
tempt has made 10 deprive the States Of their
/ fisheries, under this constitutional provision.
Sir these considerations sufficiently welghty TO
cause me 10 withhold my appreciation from this bill but
ihey become nsurmouniabie when applied the condi-
ton of my State Florida possesses upon her Gull
coast valuable fisheries. They were enjoyed by the
Spanards for thirty years before acquired the terrific
res in 1872 and have been chiefly relied upon for sup
plying the Cuban demand. Some twenty vessels have
found profitable employment in them chiefly owned and
managed by citizens o the northern States, ever since
The acquisition OF the Fiodas aad these fisheries
become daily more valuable as the population OF Cuba
and Porto Rico shall increase. These are Catholic colo
nies-dred and fresh fish compose large item OF their
general consumption The turtle fishery, though valuable
also the south coast OF Florida, IS not carried on to
much extent
for its American colonies the privilege OF the FLORIDA
| fisheries
MIR. DAVIS Il the senator will allow me, | will
suggest that have the least objection 10 adding
proyso TO my amendment tia, il is not designed in
tended interfere with fisheries over which any State
has exclusive jurisdiction.
| Mr. MALLORY | was proceeding TO show, MIR
| Presdenr thai the British government had sought the
privilege OF participating IN these fisheries. The last let
ter Of The British minister upon this subject OF August ~
1891 to our Department OF State referred 10 the
then able and patriotic governor Of The Territory OF Flor-
lda William p Duya, who promptly addfessed an ear
nest remonstrance against The right oi The general gov.
eminent TO control deprive Florida (though then a
Territory only) OF her fisheries and the privilege sought
! for the BshamIans was not granted
But, SIR, though what have thus far said furnishes
ample reason for opposing the passage Of this
in H. present form, here is still view Of Il which must
render IL odous 10 every southern senator.
j The Bahama islands Of New Providence, Elenthea,
Green Turtle Key, Abaeo, aud others, peoped prln-
cpay by the ignorani idle and vicious BRUSH enanci-
pees, many oil them native Africans, who have CON.
peley the control OF the white inhabitants, who are
com ng TO south Florida in erea, numbers.
These Islands from one to two days' sail from the
shores OF Florida, and the slaves OF tue FLORIDA planters
Who are compelled 10 boats for plantation purposes,
have been frequenty entced away by the Brush free
negroes who visited pods as seamen OF Bahama
ses these vessels being generally manned BY tree ne
groes.
government was notified that the act Of Congress oil
2sth OF February, 1903, which prohibits the introduction
OF free negroes whether composing the crews oil vessels
or not into the ports OF States contrary TO the laws OF
such States would be strictly enforced
In rsl6 negroes murdered the light house keeper
al Cane Florida and fled TO Nassau, New Providence, in
an open boat The government OF the United States sent
specially revenue cutter to Nassau, with the United
States marshal OF south Florida, 10 demand The murder
era copy OF the indictment found against them was
presented TO the BRUSH authorities and witnesses accom-
panied the MARSHAL who identified them But OF course
they were not sufrendeed and the officers o the Unlied
States were publicly threatened and nsuted by the free
negro population. -
This population is rapidly increasing, and will al no
distant day become a burden upon the British treasury
and hence the effort made BY the British government TO
obtain for them participation ~ the Florida fisheries,
\ and consequently in the trade which they sustain.
am aware that my friend from Massachusetts viii re-
py that The provisions Of this bill extend only to the
sells ol be Bsh North American provinces, and exclude
those of the Bahamas But sir, every senator at all Ia
mliar with iLe commercial lave and usages OF our
eonnry--apd ours are borrowed from Great Britain
must see al glance that these provisions furnish no,
the slightest guard against the employment oil Bahama
vessels and Bahama free negroes not only wthin lbe
/ bays and hatbors but upon the shores ot FLORIDA.
1 The process by which Bahama vessel and crew
would become New Brunswick or Nova Scoua sessei
and crew is no sery for it is IN daily operation around
US.
Pass this bill. and this viii be the result Bahama