PLEADINGS. 203 



regard to salmon, shad, herring, to the wild fowl and the buffalo. It was 

 thouglit nothing could affect the supply. The salmon are no longer 

 found in our rivers, the shad are fast disappearing, and a very percepti- 

 ble decrease as to the herring and the buffalo has taken place, showing 

 that in time, unless the wanton destruction of the buffalo and the indis- 

 criminate modes for taking shad and herring are prohibited, they will 

 soon be among the things that were. 



The Indian cared for the buff'alo and regulated their destruction, with 

 jealous care, killing only what was absolutely necessary for food, and in 

 this way their numbers were kept up. But the white man destroyed 

 them regardless of the consequences, and for no other purpose, appar- 

 ently, than the mere love of destroying. The result is, that in some 

 sections of the country they have entirely disappeared, and everywhere 

 largely decreased. 



The same cause and effect exist in regard to scup. In 1857 the trap- 

 pers admitted to the committee that 60,000 barrels were taken in their 

 traps, of which 45,000 were sold for food at 30 cents per barrel, and 

 15,000 for manure at 18 cents per barrel. But Mr. W. 0. H. Whaley, at 

 that time engaged in trapping, says that in 1856 150,000 were taken from 

 Watch Hill and Seaconnet Point ; in 1857 about 160,000 ; in 1858 about 

 115,000 barrels, and each season since the quantity has decreased. In 

 the vear 1869, as near as can be ascertained, only about 20,000 barrels 

 were taken ; in 1870 (9,000 to 10,000 up to May 16) about 12,000, and in 

 1871 about the same number, or perhaps a few more. 



Is it to be supposed, in the face of the fact that these fish, in conse- 

 quence of the foreign demand, are worth on the average $2 per bar- 

 rel, (nearl}' seven times the price of 1857,) that the trappers do not catch 

 all they can ? Is it not self-evident that the reason they do not catch 

 more is that they are not to be found, and that they have actually de- 

 creased in numbers to this extent? 



HABITS OF SCUP. 



In order to comprehend the questions involved in the inquiry in which 

 you are now engaged, it will be necessary to consider the habits of other 

 fish in relation to reproduction and how far the habits of scup coincide 

 with them. To do this properly, we have to ascertain what are the hab- 

 its of these other fish, and whether these habits are like those known of 

 scup ; that is to say, if we find that scup and other fish have certain 

 known habits in common, we may conclude from the analogy between 

 them that the former have certain other habits identically the same with 

 those we know these other fish possess. 



In making this examination, we must select those fish whose modes 

 of spawning most nearl}^ resemble the fish in question. For this reason 

 vre would consider those, for instance, that frequent our rivers and 

 streams, such as the salmon, shad, herring, &c. 



It is admitted that these fish enter our rivers in the early spring from 

 the ocean, proceed to the place where they were born, to deposit their 

 spawn, and having deposited it, that the herring break up the schools 

 and disperse to their feeding- grounds. 



We assume as a fact which cannot be disputed by any evidence, and 

 which is supported by much, that scup, having hibernated not a great 

 distance from the coast, on the approach of spring awake from a dor- 

 mant state, and approach the coast for the purpose of spawning. Some 

 of them take up their ground at Block Island, others at other favorable 

 localities j some come to Seaconnet Point, others in the neighborhood of 



