1158 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



In dealing with this speech of Mr. Tuck's, Sir Robert questioned, 

 as being an error, the date 1838 in the last sentence of the quotation 

 which he used. I might say that it was erroneously printed in the 

 Appendix to the Case of Great Britain, submitted to this Tribunal, as 

 1838, and that it was corrected in the Counter-Case of the United 

 States and reprinted as 1828. There is conclusive evidence, however, 

 that Mr. Tuck used the date, 1828, correctly, and that he only re- 

 ferred to a matter which a member of Congress might be expected to 

 refer to, namely, an Act of Congress authorising the licensing of 

 fishing-vessels. 



I refer now to Sabine's Report on the Fisheries in which he deals 

 with the mackerel fishery from the settlement of New England until 

 the year 1852. A portion of this work appears in the British Case 

 Appendix. I read from Sabine's Report itself at p. 162 : 



" Soon after the peace of 1783, a writer in a Boston newspaper, in 

 a series of articles on American commerce, said that the mackarel 

 fishery ' was of more value to Massachusetts than would be the pearl 

 fisheries of Ceylon. ' : 



Also, further down on the same page, speaking of the mackerel 

 fishery, he said : 



" Its legal existence as a branch of maritime industry does not ap- 

 pear to have been so much as recognized by the Government of the 

 United States until 1828, when an act was passed by Congress which 

 authorized the collectors of the customs to issue special licences for 

 its prosecution, and extended to the vessels employed in it the pro- 

 visions of the laws then in force relative to enrolled and licensed ton- 

 nage generally." 



THE PRESIDENT : Was this mackerel fishery in British or American 

 waters ? 



MR. WARREN : I am coming to the mackerel, cod, and other fisheries 

 in these treaty waters, Mr. President, in a moment. I was just citing 

 Sabine for the purpose of explaining what Mr. Tuck meant in his 

 speech in Congress when he used the date 1828, which is challenged 

 as incorrect. The statement has been made that it should be 1838. 

 I have shown that what Mr. Tuck, then a member of Congress, evi- 

 dently referred to was the Act of Congress passed in 1828, which 

 licensed vessels especially for the mackerel fishery, although the 

 mackerel fishery had existed, as I have shown by this extract, since 

 immediately after the peace of 1783, and, as far as I know, before. 



Coming, Mr. President, to the question which you just put to me, 



I would say in reply that the fact is that food fishes of all 



699 varieties, including cod, haddock, and herring, abounded in 



the inshore waters of the North Atlantic before the Treaty of 



Peace of 1783, which admitted our fishermen to the very shores of the 



waters now in dispute. This fact appears in a statement made by 



