300 APPENDIX TO BRITISH COUNTER CASE. 



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. What- 

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

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

 individual 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 

 punishment to me, or with a charitable design not to lead me into 

 temptation ; 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. 



181 No. 11. 1871, February 9: Extract from Joint Resolution of 

 the United States Senate and House of Representatives for 

 the protection and preservation of the food-fishes of the coast of the 

 United States. 



Whereas it is asserted that the most valuable food-fishes of the 

 coast and the lakes of the United States are rapidly diminishing in 

 number, to the public injury, and so as materially to affect the inter- 

 ests of trade and commerce : Therefore, 



Be it resolved by the Senate and House of Representatives of the 

 United States of America in Congress assembled, That the President 

 be, and he hereby is, authorised and required to appoint, by and with 

 the advice and consent of the Senate, from among the civil officers or 

 employes of the Government, one person of proved scientific and 

 practical acquaintance with the fishes of the coast, to be commissioner 

 of fish and fisheries, to serve without additional salary. 



Sec. 2. And be it further resolved, That it shall be the duty of said 

 commissioner to prosecute investigations and inquiries on the subject, 

 with the view of ascertaining whether any and what diminution in 

 the number of the food-fishes of the coast and the lakes of the United 

 States has taken place; and, if so, to what causes the same is due; 

 and also whether any and what protective, prohibitory, or precaution- 

 ary measures should be adopted in the premises ; and to report upon 

 the same to Congress. 



