338 APPENDIX TO BRITISH CASE. 



a nearer distance in the Gulf of St. Lawrence, and particularly along 

 the shores of Nova Scotia; as to which latter, we are desirous that 

 even the shores may be occasionally used for the purpose of carrying 

 on the fisheries by the inhabitants of these States." 



These instructions tediously minute and encumbered with repeti- 

 tions embody, as will be seen, the substance of Mr. Gerry's resolu- 

 tions, with this essential difference that the right to visit and freely 

 use the fishing grounds was to be made an ultimatum to a treaty of 

 commerce instead of a treaty of peace. Strangely enough, these in- 

 structions were revoked by Congress in July, 1781, though adopted 

 after mature deliberation and in the spirit of concession. Whatever 

 the motive of Congress, it was not communicated to Mr. Adams by 

 that body, or by the Committee on Foreign Affairs, or by any indi- 

 vidual member. Of this he complains with some asperity. In a 

 letter to Robert R. Livingston he states the fact just mentioned, and 

 remarks, that whether the act of neglect " was intended as a punish- 

 ment to me, or with a charitable design not to lead me into tempta- 

 tion; whether it was intended as a punishment to the English for 

 their insolence and barbarity; whether it was intended to prevent 

 or remove suspicions of allies, or the envy and green jealousy of co- 

 patriots^ I know not." That, then, we finally secured the rights in 

 question, was owing to the zeal of Mr. Adams and his associate com- 

 missioners, and not to the firmness or good faith of Congress. 

 ******* 



The first American vessel which was fitted for the Labrador fishery 

 sailed from Newburyport towards the close of the last century. 



THE MACKEREL FISHERY. 



[From the settlement of New England to the year 1852.] 

 ******* 



* * * The mackerel fishery at Cape Cod was held by the gov- 

 ernment of the colony of Plymouth as public property, and its profits 

 were appropriated to public uses. The records show that it was 

 rented, from time to time, to individuals, who paid stipulated sums, 

 and that a part of the fund to support the -first free-school established 

 l^y our Pilgrim fathers was derived from it. 



The proposition to found and endow a school of this description 

 seems to have been made in 1663. but not to have been adopted until 

 seven years later, when the general court, " upon due and serious con- 

 sideration, did freely give and grant all such profits as might or 

 should annually accrue to the colony," from this and the bass and 

 herring fisheries, at the same place. In 1689, the " rent of the Cape 

 fishery was added to the appropriation for magistrates' salary for 

 that year." 



******* 



The modes of catching the mackerel have varied with time, and the 

 real or supposed changes in the habits of the fish. The original 

 method was probably in seines, and in the night. John Prince and 

 Nathaniel Bosworth petitioned the general court of the colony of 

 Plymouth, in 1671, in behalf of themselves and their fellow-townsmen 



