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

the IN 1901 one million
barre they took only about three hundred barrels du-
ring The last year. They were interrupted and driven
from the ground.
With his evil now existing, which has thus injured
fishermen, concur fully in the sentiments expressed
by the honorable senator from Massachusetts, that unless
we can devise some means which will be Just and equi-
table, by which the question may he settled, there will be
collision upon The fishing grounds The American fish
who have always been ready to light your battles
when you have been engaged IN foreign wars. VIII
maintain their rights there, and will produce col
son, have no doubt, II their rights shall be renched
upon.
question. My answer TO that Is, that IL has no locality
abouti H. because there fisheries really involved ia
this question south OF the parallel OF latitude which has
been named by the senator from Delaware Tor which
our region would give the snap OF single finger,
Tor which fisherman there would turn copper Ehere-
fore. if we limit It to any latitude within which all the
fisheries preserved and by which The reciprocal rights
may be limited. we get all we want and Aat will GER
,ainly do away with the objection which my friend from
Florida has raised. am therefore perfectly willing to
vote FOR the proposition with that limitation.
Mr.. TOUCEY. Mr. President, wish to ask the SEN
aor from Massachusetts question He says that he has
by this PROPOSE ion, by act of Congress 10 grant TO
British subjects the night to fish within marine league
of The shore
Mr. DAVIS. Certainly.
Mr.. TOUCEY. That supposed was the intention.
Mr. DAVIS. Will the senator from Connecticut al
low moment One of the points of difficulty which
exist is 10 the right to fish within league of
the shore in the waters OF those provinces. Now,
cordng to my amendment, the right made reciprocal
proposes ihat our fishermen Snail De lei INTO the same
rights TO fsa in those with The exception OF rivers,
BRUSH subjects resident within those provinces and
accords like right to the of the United States
with this limitation, which now propose TO make, that
shall except not only private fisheries, but those fshe-
ries which any State has exclusive jurisdction and
also that the right OF fishing shall not extend south of
the fortieth degree OF north latitude
Mr.. TOUCEY. ! supposed that that was the object of
this provision, because the right which is sought TO be
fish within marine leagues that which is not granted
by the treaty with Great Britain under any construction
OF it, supposed that the object OF this provision was.
by an act oil Congress grant TO British subjects right
TO fish within the jurisdiction OF the States where the
laws OF the States control unless this government has
right to regulate and control the fisheries within the iu-
denly and very Unexpectedly My own impression is,
that within the waters OF the States, within the marine
league, the power OF the States the laws OF the States
must prevail with regard TO fisheries My impression is
that Congress would not have the power by law 10 reg
ulae the fisheries upon the within the harbors
of Massachusetts, upon the within the har
of any OF the States which embraced within this
provision. am hot prepared to admit that Congress has
that power The laws OF the States regulate the fishe
res within their jurisdiction, and not aware that
Congress has exerlel any such power.
Mr.. DAVIS. Waters within the jurisdiction OF the
States will be excepted by the amendment propose to
make
Mr. ToUCEY. II they be excepted, then what is our
proposition worth You propose reciprocal right The
only right that is granted within marine league, and
the only right sought TO be obtained in the British prov
inces within marine league. The right propose %
grant is right within marine league OF the shore
hea, does not the provision become nugaory or decep
tivei
Mr.. DAVIS That depends entirely upon what is
excepted.
MI TOUCEY But in any view if the British gov
undertakes act upon il, it undertakes by law
to grant privilege which the treaty doesoot grant
that of fishing within marine league OF the shore OF
the British provinces; and equivalent Congress
deItakes grant British subjects similar right TO fish
within the waters OF the States do not feel myself
ready 10 adopt legislation OF that kind. do not know
but that the objection which have might be removed
but present advised cannot vote Tor any provision
OF this kind, and least OF all in appropriation BILL
where il does not properly belong.
Mr.. DAVIS. | think can in very few words
the difficulty OF the honorable gentlemen. He may
be right, but do not think he is, 10 regard to his
stfuction Of the provision. But II the ground which he
TO have any influence in question OF this
sort. il is only saying that reciprocal regulation can
be made ~ any way for he says that the United States
has rights to concede and has nothing to give which
is equivalent for reciprocal right IN foreign coun
try That may be SO; but what want 10 bring to the
attention OF the honorable senator this He has douhis
he hesates WE'LL now, he is likely 10 have this & auer
before him in the form o treaty, aud then he will have
TO decide whether he will agree TO that treaty Is not
great deal better that the sabecl should be mailer OF
legislation, and not OF treaty regulation II yon regu-
late the matter by legislation will be under the control
OF Congress, aud It your act works lnharmonoasy with
our institutions we can repeal u. Il u n0 better tt.t
the provision should be by legislation than by treaty.
great deal better, IN my opinion.
Now, propose that the experiment shall be tried
that otter shall be made and II It u accepted, and
does work congeniay to the feelings OF the coun
ny, or does any injustice the Staies, the power viii
be here 10 control and repeal the provision hPenehd
that it will work perfectly well that there will be found
inconvenience whatever practically, because have
not the idea that vessels of any ol these colo
would the waters here TO hsh Our market
what they desire. do think that is a very probable
thing under any which could exist but sull can
not say that will not be done think the proximity
OF our people TO our fisheries would those fish
cries TO them IL IL impossible for our fishermen 10
from the North and fish in the OF Virginia. They
do such thing and cannot do II, because those who
reside the waters will always have the control OF all
such fisheries.
do not see what objection there be TO my propo
slon VI the fishermen content with a. IL excepis, IN
fret place. private fisheries Ii then excepts iho.e TO
which The have exclusive jurisdiction, and limits
the right to what is common right OF fishery. II is as
well limited II be- IL is limited 10 vessels ~ Tue
five northern provinces and TO persons resident IN nem
az British suhlecs
MIR HUNiER Mr. President, ! think it is time
that we should begin vote down amendments, upon
The ground that there is time to consider them.
shall vote against lhls amendment on the ground that
there /. not line consider these conflicting questions Of
jurisdiction between the S,se governments and the gen.
eral government suppose that II We're to pass this
Bill tonight all that coni be done would be the
appropriation bills which are behindit There buttwo
legislative days eibut days for this bill and for all
the other appropriation blsand have not yet finally
acted upon any oil the large appropriation bills. Senator'S
bring up these propositions involving grave and contro
vetted questions of constitutional law, and argue them
here II they bad all the lime IN the ord before them
for their consideration The only way 10 prevent this IL
to begin and down amendments, the ground that
have time 10 consider any further amendments TO
this bill
one on winch TO begin 10 vote down.
Mr.. NORRIS am not going to consume the Tune OF
the Senate, discuss questions which have been dis
cussed herr IA objection, ADDITION io