PLEADINGS. 211 



''There were persons who did not wholly agree \vith the British com- 

 missioners; on-e of the most prominent is J. B. Kimbaud, who has 

 published a work on the tishes of the southern coast of France. Him- 

 self a fisherman, he says that the migratory species, that go off to sea in 

 schools and return each season, cannot be diminished by overfishing, 

 but local fishes Ciui be exterminated by constantly fishing for them, and 

 such has been the case in the locality where he has been accustomed to 

 fish. Of the two, I allow Rimbaud to be the best judge, as he has ac- 

 quired his knowledge by practical experience in the fisheries, and the 

 British commissioners had gained their information from others." 



Without questioning the value and correctness of Mr. Rimbaud's 

 stateiuiMit, Mr. Atwood goes on, for the purpose of nudervaluing and 

 siiowing the ina[)plicability of his couclusions as to the division and 

 habits of fish to those of Massachusetts waters, to state that the extent 

 of the French fishing-gronuds and the range of temperature are limited, 

 and the character of the shores are different, when compared with our 

 fishing-grounds. This is offered to prove that fish on the coast of 

 France are more permanently local than ours. 



" Tell me, sir, how many are there of our fishes that are not more or 

 less migratory 'r' is his last question ; and answers, " Senators will see 

 that our fish and fisheries are not like those of Europe." 



In attempting to answer this question I will refer him to Cuvier, to 

 whom he referred me, who shows tluit from the form, mouth, bones, 

 teeth, and fins, we can decide as to the habits and mode of life of a fish. 

 He and his disciples have carried comparative anatomy to that perfection 

 that they can come to this conclusion from a single one of these elements. 

 It is not therefore from their investigation too much to say that all fish 

 similar in construction and organization have similar habits ; that if a 

 certain tribe of fishes in one part of the world are wandering fishes, 

 other species of the same tribe in another quarter have the same habits. 

 To a certain extent the temperature may act upon them, and some may 

 be to a certain degree migratory in colder climates, so far, for instance, 

 that they may seek their winter quarters at some short distance from 

 the coast, but do not, like the wandering fishes, go to the extreme south 

 for a warmer climate, and, as the warm weather comes on, take their 

 course back again. 



The reason that underlies and sustains the belief that wandering 

 fishes as a general thing cannot be diminished by fishing, however de- 

 structive, is that these fish cannot be taken in nets in quantities while 

 they are in spawai ; for, as an exception, herring, which are classed as a 

 wandering fish, are taken in schools and while in spawn by nets in our 

 waters, and we know that their numbers in many localities have greatly 

 decreased. 



It is immaterial, how^ever, in our view, whether they are simply bottom, 

 white, or wandering fishes. If they are taken in large quantities and 

 while in spawn, fishing may and will diminish their numbers. 



In this connection the Tilassachusetts commissioners of river fisheries 

 say, (referring to the British commission and Rimbaud) : 



''And while we cannot say that either party to tlie discussion has 

 Ijroved raiy thing, the points indicated are the following: 



"That no amount or kind of fishing can diminish tlie ' schooling' or 

 wandering fishes of the high sea., such as herring, fClujpea elongatu^) 

 mackerel, fiScomber vernalisj menhaden, (Alosa menhaden,) cod, (Mor- 

 rJtua amerieana,J &c. 



'' That the local and bottom fishes which are peculiar to certain limited 

 areas near the shore may be greatly reduced or even practically annihi- 



