Eastern times., 1853-04-07
VOL. VII.

4
purtenant to and within the jurisdiction of
any State, contrary TO The laws of such State
OF, to authorize or allow the bringing into or
the introduction within such waters and iur-
lsdIclion OF any States, any person or per-
sons, composing the company and crew of
such vessel, or others contrary 10 the laws o f
such State.
Mr., DAVIS replied, BY saying Of the
amendment: Ii limits the operation of the
amendment 10 the waters of the United
States, 10 other words, the waters over which
the United States have sovereignty and ju>
rIsdIctIon. Therefore, if a State has the
rights and privilege, such as the Senator
IRON florida suPposes to be vested in them,
that IS not common right. The express
slOn used IN this bill is common righIs.'-
rights common to the whole country, open
TO everybody. Ifit is State right, il is not
a common right, it is right exclusively in
the States. If it Is private fishery, it is
right vested in private gentlemen, and they
are not intended to be invaded or touched at
all by the amendment. | do not undertake
TO settle where the sovereignty of the State
goes, and where the sovereignty of the Unit
ed Stale commences, though have decid-
ell opinion about that. take the constitu-
tional provision to be very clear. But the
amendment itself is limited 10 The waters OF
the United States, and TO common rights in
those waters. 1t necessarily by its terms ex-
cludes private rights, and also State rights
The amendment does not Claim Oh the part
of The United States any authority or jurls.
dictiOn over any of The waters which the
Constitution does not give.
MIR. BAYARD. The honorable Senator
from Maine MIR. Hamlin1 has suggested 10
me an amendment which will obviate all the
difficulties which have, as the representa-
tive OF my State. The representatives of the
other States may determine for themselves.
The amendment is, that the provisions of the
proposition of the Senator from Massachu-
sets shall not extend south of the fortieth de-
gree Of north latitude. That excludes nv
State. | am not willing to sanction such
provision as applied TO my Stale; that is,
am not willing implledIy TO recognize the
right of the General Government 10 nego.i.
ate away or pass any law in relation to the
common right Of fishery within the limits OF
my Stale; yet if gentlemen representing 9th
er States wish 10 adopt thut proviso as re-
CARDS their States, | shall not object to it.
Mr. DAVIS. | wish TO say that | am
quite willing 10 insert the words, nor 10 any
fisheries 10 which any State has exclusive
Jurisdiction 10 come in Immediately alter
the words nothing herein contained shall au-
thorize fishing vessels of one of The coun-
tries aforesaid, to participate in the river
fisheries OF The other
Then, 1t the amendment Of my friend from
Maine shall be added, il will be all The pro-
lection That is wanted, imngine.
Mr.. HAMLlN. The amendment which
has been offered by the Senator from Massa-
chusetts has been prepared with great care,
and can assure The Senator from Florida,
that IL was only designed 10 meet the exigen-
cies OF the case which existed IN relation to
the northern fisheries. | think the Senator
from Florida is mistaken in regard 10 the ap--
plication of the provision. / think, if il were
TO be passed aud become a law, and the re-
ciprociIy in our fisheries should take place
under the provisions of the amendment OF
the Senator from Massachusetts, there never
would 60 on 10 the Bahama banks, or The
shore fisheries of the South, a solitary vessel
from The northern colonial Provinces OF
Great Britain, because doubt if you can
find coIored population enough in these
whole provinces 10 man out single boat.
Mr. MALLORY. The honorable Senator
will allow me TO ask him if a vessel does not
assume her character from the residence Of the
the transfer of the register! and if that cannot
be done by scratch Of the pen, as well at the
Bahamas as at the northern Provincest
Mr.. HAMLIN. say that the character of
the population at the northern Provinces, with
which fishing vessels must be manned, is such
that there never could go to the South crew
composed Of such persons, as would be injuri-
Gus or dangerous to that section of the Union,
as the Senator from Florida supposes. That
is my opinion. | believe, too, The objection
which was raised as TO the jurisdiction, was
one that was necessary, and II might have been
with great propriety left to your courts TO de-
termne over what waters the States, and over
what waters the United States have jurisdic-
tion. But, sir, the object Of the amendment of
The Senator from Massachusetts, and the true
object of it was, to meet the eXigencies which
now exist in relation TO the northern fisheries.
Let me say to gentlemen, that the documents
which have been placed upon our tables with
In the last few days, contain facts which show
that during the interruption of the fisheries in
the past year, the very few who were engaged
in them, had suffered to the extent of mure
than two millions Of dollars Ia the single ar
ticle ofmackerel, they sustained an injury Of
more than a million of dollars. Whereas,
tHCJ lOOA III TIC SllOLC HSHOAAOo vi tH6 [OVlHC-
es in 1850, one million four hundred thousand
barrels, they took only about three hundred
thousand barrels during the last year. They
were interrupted and driven from the ground.
With this evil now existing, which has thus
injured our fishermen, / concur fully in the
sentiments expressed by The honorable Sena-
tor from Massachusetts, that unless We can
devise some means which will be just and
equitable, by which, the question may be set
tied, there will be a collision ulon The fish
ing grounds. The American fishermen who
have always been ready to fight your batIles
when you have been engaged in foreign wars,
will maintain thel: own rights there, and
will produce collision, have no doubt, if
their rights shall be tTenched upon.
Sir, know il is suggested here that this is
local question. My answer to that is, that
il has no locality about il, because there are
no fisheries really involved in this question,
south Of the parallel of latitude which has
been named by the Senator from Delaware,
for which we, in our region, would give the
snap OF single finger, or for which fisher
man there would turn a single copper
Therefore if We limit il 10 any latitude with
in which all The fisheries are preserved, and
by which the reciprocal rights may be limit
ed, we get all we want, and that will 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. MALLORY called for the yeas and
nays on MS amendment, and they were Or