32d CoGims,                   [ SENATE. ]                          x.  Doc.
1st Session.                 -No. 100.
MESSAGE
FROM TIIE
PRESIDENT OF THE UNITED STATES,
IN ANSWERL
Toa resoltioon of thle Seanate, eCqcestIiag Zifor'mat.ion i. regard to the fish,
criees on the coakts of the British possessions in NoV-o4th Amnerica.
AUGUST 3, 1852.
Read.
AUGUST 5,.85)2.
Ordered to be printed.
fro the S.en~ate of the UCited States:
In answer to the resolution of the Setnate, of the 23d ultimo, reqtuesting
information in regard to the fisheries on the coasts of the British possessions
in North America, I transmit a report from the acting Secretary of State
and the documents by which it was accompanied.  Commrodore'I. C.
Perry, w-ith the tUnited  States ste-am-frigate Mlississippi ucnder his command, has been despatched to that quarter, for tle pullpose  of protecting
the rights of Amrlica.tn fishermeln ulder t'he convention of 1818.
MILLARD F LLMORE.'wztN SFLT. l fSilu-, Augt2. 2, 18.52.
DEIPART3ME.NT. OF STATE,
Washlington, A'ugust 2, 1852.
The acting Secretary of State, to whom has been referred the resolution
of the Senate of the 23d ultimo, requesting the President to communicate
to that body, if not incompatible with the public interest, "all correspondenee on -file in the executive departments, with the gover:nment of England
or its diplomatic representatives  since the convention between the United
States and Great Britain, of October 20, 1818, touching the fisheries on
the coasts of the British possessions in INorth America, and the rights of
citizens of the United  States engaged in such fisheries, as secured by said
convention.  And  tlhat the President be also' requested (under like limitation) to intfoml the Se-nate whether  any of the naval forces of the United
States have been order ed to the seas adjacent to the British possessions in
North Anmer'ct  to proteck the  oights oF American fishermen under said
conve:tion (of 118, s,since the receipt of intelligence that a large and un



[100]
usual British naval forice had been ordered there to enforce certain alleged
rights of Great Britain under said convention," has the honor to lay before
the President the accompanyingh, papers.  These, together with those communicated to the Senate on the 28th of February, 1845, but which, it
appears fiom  the journal of that body, were not ordered to be printed,
embrace all the information possessed by this department on the subject of
the said resolution.
Respectfully submitted,
xW. H-UNTER,
Acting Secretarty.
To the PtRESIDENT oF TOIE UNITED STATES,




100lol
I.ST OF A(J(](I P- NYIN.'ABI'S.
M3r. Adwm  to m,.:lr.  C;:(rC ini,    (iith en clo suresN,,e 25, 1828.
Mir. Canning to Xti. Adars,:l lt1a  1,8 8::.
M1. Ad4ington to -fv~. Adisrn(, (withil <i losilure<,) iOctober 1:t. 1.828.
Mit. 13rent   o M i':..   dd ington, t eo Pe'inemb. 1 2 4 II..Snle to theO t  fl,  et l'). I, 1ni,-.,
_Mr. Adoin  ato   \r. A.d'io   (itih eIn:.'res,)  Octobe; r 5,(  1 84.
Same t o   efl. Oa':e. S1`11111.:C_1...d-1.'e s,)'":5'
Mr. B.cnt to        ii1         J m           S:...,:ir.  taucihnan. Febr.uarv   21 -=,,
Mr. Vau lna n  o, Ih' Iv. F'    e
Same to the' sm:<:T,, April 2:9:, 182;.
Mr. Banl.lThead to Mr. Forsyth, (witlh en'losres,) Jantary  6, 18 36.
Mr. Forsydthl to M:Tr. b  ntlkhe,:d, Januar: Ir%, 8.1883..
nMr. Banlteaic  to Mrl. Forsvth, Ja.lnnar:y: 19) 188(3i.
House doeunment No1.!8   2t11 COT(nto're's< Ist sessioln.
Message from. t he Priresidel t ot' tbl TUnitedl States, referred in the report
of the Acting Secretar-y  of' State ati; lhain;     1b)e nr comnullic.ated to the
Senate on the t28lt of February, 1 845.
Mr. Everett to Mr. Calhouin, (with enclosures,) March 25,1) 1.845.
Same to the same, (with enclosurles,) April 2, 18415.
Same to vIMr. ]uchanan, April 23, 1845.
Mr. Buchanan to Mr. Bancroft, (with one enclosure,) December 10, 18'46.
Mr. Baneroft to Mr. Buchanan, lanuary 4, 1847.
Mr. Crampton to Mr. Webster, July 5, 185:2.
Mr. HIunter to M:r. Craampton, July:14, 1.852.




100                                4.AiLr. A dams to M1f'. Canning.
DEPARTMENT OF STATE,
WaVcshington, June 25, 1823.
SIR: I h-ave, the honor of enclosing herewith copies of a complaint
and protest received at this department, stating thle capture and detention
of the schooner Challes,  a fishincr  vessel belonging to George Moody, of
York, in the _)tete of Maine, a citizen of th;e United States.  This detention is stcated to have lee I.n Altogether without cause, andl to hlave been
efiected by   apts'tin Arabin of na Britisli gun,-brioi called the Argus.  It
appeanrs thie scl(ool1ner Charles h.es neither been restored to:its owner nor
carried before an.Vy t. rio'unal ifor atdjudicatlion.  I  m. directed by th.e President of the United Shta.tes to sol.icit your  good offices in. the fith st instance
to obtain the restitutioyn of athe schbooner Cha rles ito M)r. MAoody, and in thle
next to claiml the satisfaction and indetmn-ity dune all thle sufierers by the interruption of tlheir voya'e'and the  isturbance  in tc:r I fl    occuprtionsll
and a-ll otherl damages sus-stained by them in consequence  of- these acts, to
which should be added the reparation to the UTnited States for the indignity
offered to their flag and thei in!juries inflicted upon thleir citizens.
i pray you, sir, to accept the assr-ml.nce of' my distinoguished  consideration.
JOHNT QUTlINCY ADAMS'IS.
The Right Honorable STRATIFOl- D CA:NTINCi,
Envoy.Extriaordinary ciand L;',us't er' Pilenipotentiary
it fo G0r I eat B"r2itai? n.
rALI. (/iGainyq to Mi'. Adamzs.
BATIMIORE,  July 1, J  1, 1828
SIR: In acknotwledging the r eeipC of yoaur official letter, dated the 25th
ultihno,  enclosing copies of a compaint a-nd protest received at your department withL reerence to the capture and detention of the schooner Charles,
a fishing   es sel belonging  to George Mitoody,  of York, in the State of
Maiine,  a citizen of the nI ited States, I have only to mention at the present momenlt, thilat~, aoreeai.dy to your request for the exertiolt. of my good
offices in the case, it wil ag'trd me plea'slurne to take an early opportunity
of referring the papers, which you have d]orne me the honor of comimunicatiung, to the proper authlorioties fbor the purpose of effecti."ng a 31More particular
inquiry into the circumstances of Greorge'Moody's complaint and attaining the ends of justice in a spirit accordin- withe thle:iendiy relations
established between our respective countries.
I request, sir, that you will accept, on this occasion, tllie assurance of imy
distinguished consideration.
T.,AT-FORDI, CANNING.
The Hon. JoHN QUTINCY AD:ATS,
Secretary of State.




5                            10oo]
Jr. Addington to Mlr. Adam-s.
WAShI-ING-TON, October 12, 1823.
SIrt: In reference to a letter addressed by you to Mr. Stratford Canning,
date(l the  )5th of June last, enclosing copies of a "'complaint and
protest receivted at the Department of State, stating the capture and
dletention of the schooner Charles, a fishing vessel belonging to George
Moody, of York, in the State of Maine, and soliciting Mr. Canning's good
offices, in the first instaince, to obtain the restitution of the said schooner,
and in the next, to climu the satisfaction andc indemnity due to all the sufferers by the interruption of their voyage," to which, you subjoin, "should
be added the reparation to the United States for the indignity offered to
their flag, and the injuries inflicted apon their citizens," I ha!ve the honor to
transmit, for y our informlation, a copy of a letter which I have just received
firom the rea.r iadmiiial comma.nding his majesty's ships on the Halifax station, covering  seveatl other documents, from various authorities, in reference *to the case alo e mentioned.
On perusing this correspondence, yonu will, I trust, sir, be satisfied that
the seizure and subsequent  condemDnation of the schooner Charles took
place upon strictly legal grounds.
By the report of Captain Arabin it appears that tle said schooner was
found at anchor in Shelburne harbor, into which she lhad not been drizen
by stress of weather.  From that harbor she had already sailed once, after
having previously anchored there, and had returned a second time, before she
was captured by the Argus, the weather beiin fine and moderate the whole time.
She was accordingly detained by Captain Arabin, for a breach of the act 59
George III., chapter 38, passed for the protection of the British fisheries,
in conformity with the stipulations of the Convention concluded between
his majesty and the United States on the 20th October, 1818.  On the
same grounds that vessel was subsequently condemned by the vice adrmiralty court, at St. Johns, in the province of New Brunswick.
With regard to the equipping of the said schooner, by the captain of the
Argus, and despatching her in cluest of smugglers, you will observe, sir,
that adciiral Fahie acknowledges that act to have been irregular; but lie.at the same time states that irregularity to have been practised then for
the first time, and announces that he has taken measures for preventing
the recurrence of it.
With so frank an aclknowledgment, I feel assured, sir, that you will be
perfectly satisfied.  The rest of the case is so clear 1as to render all further
comment or explanation entirely superfluous.
I beg, sir, that you will accept the assurance of my distinguished consideration.
1-1. T. ADDINGTON.
The Hon. JoHaN QUIN'CY ADAMS,
>Seceretacjy/ of State.
His AMAJESTY'S SHIP SALISBURY,
Halifax, September 5, 1823.
SIR: On the 2d of last month I received a letter from Mr. Canning, dated Philadelphia, July 5, enclosing copies of a complaint and protest givea




[ to10o] 
in to the government of the Unlited Staltes by aan individual named George
Moo(Iy,   citizell,,as he is (dscrbibeCd of t]1c ['I;nited States, relative to the
detentiot;   of thle Amenmr ici. sclooni c'  ui  Cti ),y  his British Majesty's
sloop the " Argus," an(d r'ec iucsthi o  i  it to  fb'ld himi-n such information irspeotoing the cas S:A ould al enabl    im. to plaie:t in.I pr1oper light.
Previously to my ree-ipt  of A'It. C(nllning's letter,  Captain Arabin, who
commlanded the Argus3 when the deten ltion of the schooner occurred, had
returned  to Engla nd —   circumlastance which obliged me to draw from other
sources the particularis of her detention,  andu of the subsequent proceedings
in the vice-adumiralty  court at New E Brlm.swic, i- which. have been followed
by her condemnation,.
M~r. Cnna ng's depar(ture for Europe causes mine to avail imyself of the
intilmation of your appointment:as clharg  de'ailfaires cad interim, contained
in his lett, eti to me of the 124th of June, ~o to forwaird for your information and
that of the A1erican 11overnment, copies of several documents, as particularized at tile foot of this, lette', vyhich gOo to contradict, in material points,
the statements malde in the prot-est, antil wvill, I trust, sir, furnish sufficient
evidence tha:at the Charles wa's dettaineld antd proceeded again st on legal
grounds.
The manniang,  howeverl,  nd senmll  her " down the bay in pursuit of
smugglers,"  whichl is admnitted in the report of MIJr. Inn es, the first lieuten —
ant of the Airgus, vwas cetaitnly irregu:lar; and, if she had been  cquuitted,
it would probably have induced the court to award ca proportional remu-'neration to the claimaants.  It is thle first instance of such,a proceeding
that has coime withiu my k nowledge, and I have taken imeasures to prevent
its recurrence.
I tRave the h.on]or to'be, &c,,
W. C. FAHIE,.IRear A.dviral ad C'omnnmander-in- Y'ef.
T-HENRY U. ADDINGTON, Esq.,
Hi.s British M&lJjesty's Choad.te i'Aiffires.
Copzies of docum,,ent.s aboive r eferreed to.
No. 1. The commainder of the Argus's letter, enclosing statements, &c.,
relative to the detention of the American schooner Charles.
Nos. 2, 3, 4. Statements of officers of the-Argus relative thereto.
No. 5. Extract from the Argus's log-book for the 9th of AIay, the day
of the detention of the Charles.
No. 6. Letter from  the collector of his Matjesty at St. John's, New
Brunswick, stating the condemnation of the schooner Charles on the 17th
of July, in the court of vice admiralty there.
No. 7. Memorandum  of Captain Arabin's reasons for detaining the
Charles, as given in to the customs at St. Johns, and enclosed in the collector's letter, No. 6.
W. C. F.




t7                         [ 100]
No. 1.
HIS MAJESTY'S SLOOP ARGUS,
Hlalifax, August 11, 1828.
Sin: In comLplialnce with the orders containedl   i your letter of the 6th
instant, I have called upon the officers of his Majesty's sloop Argus, under
my command, who had anythiong to do with the seizure and detention of
the schooner Charles, American fishing vessel, and I beg leave to enclose
for your information a letail of the circumstances of this case, as delivered
to me by the respective officers; as also an extract from the Argus's log,
book of the 9th of MAay, 18283.
1 have thle honor to be, &c.
JOHN B. DUNDAS, Comnmander.
To Rear Admiral FAI-MIE, C. 2.,
Commzander in Chitef.
S(o. 2.
I-s MiAJESTY's SLOOP ARGUs,
llatifax, August 11, 18238.
SIL;: In compliance with your order to make known to you such particulars as I  may le acqnai.ntcd with, relative to the schooner CharlesAmerical fishing vessel-I beg leave to state, that, having been ordered
by Ca.ptain Arabin, on the (9)h of May, 1823, to board the said schooner,
lying in Sheiburne harbor, I went in the gig, manned by four seamen and
the corporal of marines, and, having boardcd, demanlded her papers.  I
inquired what brought himll within the limits?  And the master replied, to
avoid a storm.  How long he had been at anchor?  tTe replied, he had
but just anchored.  I then ordered the laster to weigh; and, according
to the orders I had received firom Captain Arabin, anchored close to the
Argus.  I was ordered on -board, and to bring the master and schooner's
papers with me.
I m  sir  &c.,
H-ENRY  TROUCH-I, MidsAkipn2vtn,.
Captain JOIUN B. DUNDAs,
His l1ictjesty's Slo2p iArglts.
N0o. 8
HIs M AJEiSTY'S SLOOP ARGUs,
Hanifrx, August 10, 1823.
Being ordered by Captain Arlabin, on the 9th of May, to take charge
of the American schooner Charles and proceed along the coast to St.
John's, New Brunswick, and detain such unlawful vessels as I might meet
in my way, I sailed from Shelburne on thle 12th of'Msay, and, on my way
to St. John's, detained one English and one American schooner, (and ar



loo]                             8
rived at St. John's on the 20th of May, at which place I was taken out of
the schooner Charles and she was delivered into the custom-house.
H. LEGAIRD, IMidshipmcan.
No. 4.
[is  M.AJESTY'S SLOO ArGwus,
flabjf1ax, August 11, 1823.
SItR: In obedience to your orders to make known to you such particulars
as I may be acquainted with relative to the American schooner Charles, I
beg leave to state that on the arrival of his Majesty's sloop Argus, at
Shelburne, on the 9th of May, 1823, the Charles was at anchor in that
port, anld was boarded by Mr. Henry Touch, (midshipman,) and brought to
anl anchor close to the Argus, by Captain Arabin's order.  She was detained in the usual way, but I am not acquainted with the circumstances of
her detention.  I believe it was owing to information received from the
shore of her having committed some breach of the treaty.
On the Argus sailing on the 12th of AMay, she was given in charge of
Mr. Legard, midshipman, to proceed to St. John's, New Brunswick, and
the crew, their clothes and provisions, with the exception of the master,
were, at their own request, taken on board the Argus for a passage to St,
John's.  The master afterwards requested that his brother might accompany him in the Charles, which was granted. They were landed with their
clothes at St. John's, New Brunswick, on the Argas's arrival on the 16th
of May.
On the 20tl, the Charles arrived antd was reported to the collector of
the customs for libelling. On the 21st she w. as ma'nned alnd given in charge
of Mr. Hugh Bowers, midshipman, and sent down the bay in quest of
smugglers; when the master requested a passage, he was taken on boardl
and landed at Campo Bello, about two miles (listant from Moose island,
(Unfted States;) on, the 7th of June the Charles again joined tlhe Argus,
and was ordered to St. John's, where she was given up to the collector of
his Majesty's customs for legal adjudication.
I am, sir, &c.,
D. B. INNES,
First Lieute'nant his Majesty's slool) Arlys.
Captain JohIN DUNDAS,
[is f I3ajesty'8 sdooj) Aryus.




IUtract from, tke log-booko of the proceedings of his Ma2fjesty's sloop Argus, 8eptbnus    Arabinl, esq., captain.
11.    K.                  F.                    Courses.      Winds.    Sionals.               Rem-arks, &c.-Friday, 9th of May, 1823.
2II                                                                                    A  M    M n. NA. —)Ioderate  anad hazy weather. At 4, light winds and fine
3  i. At anchor in Liverpool Wrbox..                 w t  eath'er. At 5.40, got under w'eigh and made sail; unbent....... A t arichor hi Liverpl~lool haarbor~. 1!.........~....  NI1 E......  E. P                                                         a...;
the naain-top-gallant sail to repair, and bent another. At 8,
moderate breezes and cloudy; H-lope Island:W. by S. 1 S.;
Matson N. by E. ~ E.  At 8.30, set the studding. sails. At
7    ~,~~~  Puln ini~j~ CF'd"lo~  YhS~C...,......  S ~'~ ~f~ SI ~~~~i~~~~~~~~L~   j  10, in ditto, and hove to; hoisted out the 2d eutter, and sent
8 v.~ i s                                                                           her in shore, through then Ragged' Islands, to examine some
4-4.W. by s.                                                           s.       small vessels at anchor. Bore up, 10.30; hove to,, and sent'3    4-4.................                  W. 1y S.-, S.1........  ID. B. S..       the gig in shore to examine vessels; bore up for Shelburne
P10
11! 1......   Running fbr ShleThurne.........                                           h'v...........   ~   I  Il~t~]bor. At noon, moderate and cloudy; open ed a cask of......j R uni  fr lilbrne..                                          V. N..
01...~~~~~~~~W.N.T ~~~~~ beef.......1"nihninto Shelblurne htarbor~.;.............. I.....,..... i..........    ernsnt   lsac: Bl ro6N   y~i.                ie
2                                                                                     Betirinu  and distance: Bell Rock N. by W.,~X.      ie
iSE.byE.1..........     libght-house, W. by S.
4p... F. P......I P. M.-Moderate breezes and cloudy.  At 12.30, hoarde'd and
0                                                                 R~~~~~~~~~~~~~~~~~~~~~etained an American fishing vessel, the Charles. At 1.20,
D. B. S.       shortened sail and came to, with the small bower, in Shel-......~Idceiea n                              to, with'he small bowers.L~t.20
7.t aneiior in Sheilurne barbo                    SE.......... IF   bu neharbor; Sandy Point ENE. 1 mile; Shelburne NNE.;. NLq. T      ared store-house E.  N. At 4, fresh breezes and cloudy.
I3                         Our boats returned with two American fishiing vessels deI                          tained by them. At 8, fresh breezes and cloudy.  At mid11~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~.EP..-                                                                            I i nijght, moderate and cloudy.0
EDWVARD    POT-TER, Oral-'ster..1L




oo 00]                            10
No. 6.
CUSTOM HousE,
St. Johns, AJ. B.,.Sugust 23, 182'.
SIR: I have this moment had the honor to receive your letter of the 13th
inst., stating that a complaint and protest of George Moody, master of the
American fishing schooner Charles, had been transmitted to you by his
Majesty's envoy extraordinary in the United States, respecting the seizure
of that vessel by his Majesty's sloop Argus; and of Captain Arabin having employed the said schooner as a cruizer; and you request me to give
you all the information on these subjects in my power.
I accordingly beg leave to refer you to the enclosed copy of a paper
transmitted to me by Captain Arabin on his arrival in this port, dated the
16th of May last, which contains a full detail of the cause of seizure, under
which she was subsequently libelled in the vice-admiralty court here and
condemned on the l7th of July last.
As to that part of the complaint of Captain Arabin having manned and
employed the schooner to cruize, I have no knowledge of that circumstance
and(L am inclined to t-hink it is incorrect.
I have the honor to be, &c.,
F.'WVRIGTIr, Collector.
VW, C. F AE, Esq.., C. B.,
Rear.,Tdmiral and Comm ai7 n.lderin-ci,   lli jar.
No. 7.
MEMTORANDUAuI of p]arlicLiClar's of seizure b.y the At7lgs of- the./Jmerican
fishing' vessel Charles, o0n the souih coast o3',rovr,,,  Scotia.
The American fishing schooner Charles, WVilliam Stover master, belonging to York, state of Maine, detained by the Argus at Shell,urne on Friday,
9th of May, 1823, for a breach of the act of 59 Geo. II, chapter 28, for the
protection of the British fisheries, and to enable his Majesty to make regulations respecting the same, according to a convention made between his
Majesty and the United States, 20th October, 1818.  The said schooner
was found at anchor in Shelburne harbor, into which she had not been
driven by stress of weather or any other fortuitous circumstance.  Information had been received of this schooner having put into that same harbor
on thie Tuesday previous to the seizure, and anchored below Sandy Point,
the weather being tine and mode-rate at t'hat time, as vwell as on the day of
seiziure.  She went o-ut on Wednesday and returned agazn on Thursday,
where she was found by the Argus on Friday; and havilng remained hovering upon the coast instead of proceeding on her fishing voyage, when there
was no pretence whJatever for her putting into port, she was (letained.
SEPTIMUS ARAIBIN..[-Iis ca jesty's sloop atrgus, at St,. Joh7n's,'.A. B., Maay 1.6, 1.823.




;i. i, t'o    J 
Wt-VASHINGTON, J'u-ne 10, 1824.
SiR: In reference to thie subject of a letter which I had the honor to
addtress to you on the 12th of October last, nainely, the detention by Captain Arabia of his AMajesty's ship Argus, and illegal employment as a British cruizer of the American fishing schooner Charles, on which subject I
subsequently, in pursuance of instructions from  homne, gave you verbally
the assurance " that orders would be issued by his Majesty's government,
that any American vessel detained by the Charles while thus irregularly
employed, should be restored to the owner, even although liable on other
grounds to be condemned;" I have now  the honor to inform  you that an
inquiry having been instituted into this subject by orders of the adlmiralty,
it has kieen found that only one American vessel, the Dolphin, was (detained
by the Charles previous to her adioudication, and that the requisite intimation for the restoration of' that vessel has been made to the proper authorities, in conformity with the assitrance thus giv'en to the United States governnment on the part of his Majesty's ministers.
I have the honor to be, with  -listinguished consideration, sir, your most
obedient hulmble serTvant,
I. U. ADDINGTON.
To 1on0. JOHN QuN:xcY AnDAx s,  &C.)  &c.
7t'.2 sLb'et to 3Itr, Jlddin,'ton.
DIEPAr}tM PENT OF  STATE,
Tiashlizngtotn, Sepltembes 8, 1 24.
Si~   I haveC the honor to transmit to you three memorials from sundIry
citi;ens of the United States, belongoing to the State of Maine, accompanied
by seven protests and afidavits wvhich exhibit the nature and extent of the
facts referred to by the wremorialists, complaining of the interruption which
they have experienced during the present season in their accustomed and
law\ful emplorm entt of taking  and curino fish in the Bay of Fundy and u;on
tlie Gr:tnd B13anis, by the British armed brig Dotteril, commanded by Captain Hoare, an(l an.other vessel, a provincial cutter of New  Brunswick,
actil'g untier  the orders of lhat officer; and earnestly soliciting the interpoIsition of tni's gover'nment to procure themn suitable redress.  With this
view,  I was chagetl by the Secret;. y beibire his late  departm'e fioin this
city, ito coimmunicat'te to yvo  t-he atove 3a} crs, andL to request your goo(d
offhces tlowaiar ls obt minoin   or the stuieet.els the i]ndemniity to which they
appearc to be so well enlti'tled, ioL only fr.omr the peculiar nature and extent
cf the injuriies &nd 1losses o   whihl, they contpain,  pro'red and illustrated
as they are by tu;e series o1 p ro      tes   a   deposiltios  tccompanying     tlein
memorials, bit fi'oin the serlious ~-iolaticl of the rihits andt liberties of the
citizens of the United States whiic t1ey in'volve in the use of the same
fsheries  and I have the honor, accordingly, to request that you -will have
the good!neSS to m e such represelnta'tions to the commanding officer of the
naxval foirces of y our goverlument on that staion, or to the Colonial govern



ment of' New Brunswick, as may be available, not only:for the relief of the
memorialists, but for the prevention of similar interruptions in future.
I have the honor to be, with distinguished consideration, sir, your obedient and very humble servant,
DANIEL BRENT.
HENRY U. ADDINGTON, Esq.,
Charge d',qlbai'res fro'nu  Great Britain..AIr. Breznt to,Mi'. M.iddhing'ton.
DEPARTSMIENT OF STATE,
TfWashingtton, Septeniber 21, 1824.
SIR: I have the honor to transit to you copies of some additional papers": which have been received at this office, upon the subject of the interruption, likewise given by the same armed British brig Dotterel, to vessels of the United States, employed in the prosecution of' the fishery in the'bay of Passamaquoddy, and elsewhere in the same neighborhood, as particularly exemplified in the cases of the twro schooners, William and Rebecca,
which are fully stated in the enclosures, and to pray the interposition of
your good offices in behalf also of the owners of these vessels, towards obtaining for them the indemnity to which they may be justly entitled.
I have the honor to be, with high consideration, sir, your obedient and
humble servant,                                     DANlEL BRENT.
HENRY U. ADDING'TON, Esq.,
Cha~riE d'4Jffaires frons Great Britainz
Air. J.dding',tonz to Jir. J. Q. J.daiots.
WASHINGTON, October 5, 1824.
Sin: I hiave the honor to acknowledge the receipt of two letters, one
dated the 8thl and the other the 21st ultimo, which Mr. Brent addressed to
me, in pursuance of' instructions from  you, relating to certain American
fishing vessels averred to havxe been (letainedt, inl violation of the terms of
the convention of IS1S, by his Mlajesty's sloop Dotterel in the bay of' Fundy in the months of June and July last.
I shall not fail to conmmunicate,  without loss of time, tihe whole of' the
papers relative to this matter, to the  iladmiral commanding his Majesty's
naval forces at Halifax, and in so doing      sall strongly recommend that it. tfull
and impartial investigation be made into the merits of the various cases
therein repoltedl; the result of' which shall be iObrthlwith impatrted to you,
whenever it comes to my kniowleldge.
AMean time, sirt, I must inform you that at report of those very occurrences,
of a nature very dciflCrent fhiom  that made b)y 1he indlividuals to yotl, hlnas
reached nme friom rea-admllllilral Lake, of whose letter, together with its enclosures, I have the honlor to transmit to you copies berewith.
* The papers here referred to cannot be found on the files of the Department of State.




13                           [ 100 ]
It is therein made to appear that the fishing vessels above mentioned
w-cre detained by the Dotterel solely on account of their having been detected in the commission of a direct infraction of the treaties existing between the two nations, having in fact been found pursuing  their occupation
\iitnout the boundaries assigned to them bly tle termns of the convention of
1818.
On this point, however, the parties are at issue, each stating his case
accoldcing to his own view of it. Thus far, therefore, there is ground for a
candid and impartial investigation on both sides.  Such l. have recommended
to Admiral Lake, and such, I trust, youN will also cause to be instituted
here.
But there is anothler point, sir, on which H lament that there should be
no ground for (loubt or hesitation as to the course which I have to pursue,
By a perusal of the enclosed documents you will perceive that after the
detention of the Reindeer and Ruby by the master of the Dotterel, and
while on their way to St. Andrews,'" an attack was madle on three vessels
by two schooners and an open boat, under si neri'can colors, fall of armed
men, wit/l  mus/kets aznd fixed  bayonets, amounLting  to about one hundred,
headed by a Mr. Howard of' Eastport, who is said to be at captain in the
United States- militia, in consequence of which the naster thought it most
prudent to surrender to such superior force."
This, sir, is an outrage of such la nature as to leavee me no other alternative than to make a formal demand from the AmerlliCn  government for the
infliction of punishment on the offenders.
Whether the vessels were legally detainedl or not, such an act of violenee
will bear 3no justification.  If individuals are permittedl to expound the
stipulations of' treaties for themselves, with arlms in their hands, the preservation of harmony and good unlerstanding between nations can no longer
be hoped for.
I am disposed-no person can be more so —to act; fairly and openly by
the citizens of this republic, whenever they have just ground of complaint
against British authorities, and shall accordingly take every measure for
ascertaining whether the detention of the vessels in question was legal or
not.
If it was not legal, you have abundant proof, sir, in your own hands, of
the dispositioni of his Majesty's government to afford the most pronmpt and
equitable redress to the parties aggrieved. - I allude to the case of the
American schooner Chlarles, detained and employed as a tender last year
by his Majesty's sloop Argus.  That 1  act, you will recollect, was con(lemned as illegal by his Majesty's ministers, and restitution ordered to be
malde to the parties wrho suffered through the exercise of it, although otherwise liable, by the illegality of their conduct, to the entire loss of their
property.
But in the mean time, sir, it becomes my duty to demand reparation, by
the punishment of the transgressors, for the act of violence perpetrated on
persons bearing his Majesty's commission, while engaged in the discharge
of their public' duties.
I feel confident, sir, that you will -iew this outrage in the same light as
myself, and consider such conduct equally (langerous to the peace and wellbeing of the two countries, and I have no doubt that you will see the




[ 10o ] 
expediency of causing immed!iate *proceedings to be illstituted against the
principal.actoor,; in tlhis disgracefiul scei'e.
I beg, sir, that you wili accept thte renewed:assurances of my distingutlishedl consillerlioal.  lH. U. ADDINGTON.
1 I,LitA,,X, Scl)teileber 9, 1824.
SiR: i have the hono;,o lo Itransmi tl  o  t' 1t a copy of a letter, dlated the
26th ultimo, ft om  Cal p iin HIoare, of his -i5iajesty's sloop IDotterel, with its
enclosure ofrom   r. John  Jones, miaster of that sloop; also copies of two
letters from Captcain F4oae   c teA  tue 2  instant,    one of' ther  containing a
copy of the affxidavxit th eret in meitioned.
By th;e first  of tbhese commuinications you wiill.3e ceive that two American vessels, (acallt(l tle Reindeer and Ruby, w5ci re seized by the master of
the Dotterel in Two Isltand Harbor, Grand( Manan, on the 26th of July, for
a breach of the treaty between Great Britain and thl-e United States; and
that onr the evening of the same day, when abreast of harbor -De Lute,
proceeding to St. Andrews, an attack was mlade on the vessels in question
by two schooners and an open boat, under American colors, fiull of armed
men, with muskets and fixed bayonets, amounting to about one hundred,
having the appearance of mnilitia men, and headed by Mr. Howard, of
Eastport, who is said to be a captain in tlIe United States militia; in consequence of \which the master thought it most prudent to surrender to such
superior force.
Captain ioare's next letter imentioning his having,  on the 29th ultimo,
on his passage to Halifax, fcllien in with the American schooner Madison,
(by her papers Ansel Coggens, master,) which hie was informed was one of
the vessels to which the  nel belonged who rescued the before-mentioned
vessels fi'omn his master, and that', finding on board this svessel a tman named
David Rumney, vlxhoim one of the marines of the 1Dotteel idenltified as one
of the persons concrned in tilhe rescue, Captain Htoare thought proper to
detain the vessel and take i-umney on bolard the Dotterel as a prisoner.
Captain  loare's othller letter ref'ers to, the Pilgri an n  Amn ican fishing
vessel, seizecd  by  ni'. at Gr1cant.:.cnam.  in,]u'e lanst, for ai breac h of the
treaty, whic   vessel was afterwards rescuedl by some of her crewx, inl Conjounction with one of thle  wehn whlom Ca-p:uiain Hoarle Ihal put il ctlarg e of'
lier; and the saifl vessel havin - been  "'}It'   w: -f. onl the'    ltimo   and
a   ano na rnmed Winssiow, who C.rptain H-oare ws initrlmel'was one of those
actively engagced i  the Iorucible  rescue o I(-   lie -;aid vessell, she Cwras taken
p)ossessirl't't f' a1 1   the il an (,inslow) plut cin oard the Dottecl aIs  priSollone.
As itn these It;'a-iswt-:_.iol's. his ).t1l yt',, oiittCrl's'1(t1ve It.ec', e,;ssaulted in the
execution of ther  lduty hty aret{ c     Iects:i tie  Tn it(d JI t tes a111 t.he
property  of'a bich they,. ad  a  i.s  iajes;   9u;   t;Ltn il I \\ ful posse ssion
rescued  friom  theri, in vioiatiot m o:' the tIC-A: su.tsisnl;]11  Ibl2 ttxreen GeatI
Britain and the United States,  i col.s0icrcd  i" 1ec. ssa.ry   th.at the subject
shoultl   be brioug ht oltheially beoire 1t't Aleri can   i:iern lnlcltnt,  itn cirier that
stleps iia-y l:;e taken to preveCnt the cololt1in111'C of'uch ptl'cee(illgs, and(




15                           100oo   ]
therefore request you will be pleased to adopt such measures on the occasion as shall appear to you to be necessary.
I lhave the honor to be, &c.,
W. T. LAKE,
Rear  dmidral and CommantZer-in7-Chef
H. U. ADDINGTON, Esq.,
His Jlfajesty's Charg;e d'.SJtires..
HISm MAJESTY'S SLOOP DOTTEREL,.tuigust 26, 1824.
SIR: I have the honor to enclose the copy of a letter from the master of
his Majesty's sloop under my command, detailing the circumstances of his
having been attaclked off Campo Bello by two armed schooners, under
American colors; and that two American fishing vessels lhe had detained
were taken firom him and carried into Eastport.
I have the honor', &c.,
RIC-i A.RD  HtOARE, Commander,
REAR ADMIRAL LAKE:,
Corm mander- i-chief  &c-, $  c, 7 l  h.t?~x.
I-4'S 1MAJESTY'SS SLOOP D)OTTEREL'S BOAT,
St...q12drew's,.I. B., July 27, 1824.
SiIL: I beg leave to represent that on 25th instant, when cruising in the
yawl, in pursuance of your orders, off the Grand Manail  for the protection
of our fisheries, I received information of several American fishing vessels
being at anchor at Two Island harbor, and that -two of' them, namely,
Reindeer and Ruby, of Lubec, were at White Island harbor on the 24th,
where they got their w'ood and water, and that on their anchoring they
fired their muskets andl told the inhabitants they were armedt, and would
not allow any man-of-war's boat to board them, and after they had their
supplies they shifted to Two Island harbor, Grand Manan.
I made sail from  Gull cove, and at daylight, the 25th, observed four
schooners at anchor at Two Island harbor, which vessels got under weigh
on our appearing; when I got close to three of them they lashed along
side each other, and all hands, about thirty in number, went on board the
middle one with their fire-arms and fish spears. I- desired them to separate,
which they refused to do until I threatened to fire on them.  On boarding,
they proved to be the Reindeer, master's name Small, and Ruby, master's
name Small, (brothers,) of Lubec, two fishing vessels, and Friend's shallop,
of the same place.
It being fine weather, and they not being in want of wood or water, I
(letained the Reindeer and Ruby, and put their men, with the exception of
the masters, on board the two American schooners with provisions for a
passage to Lubec, and made sail in the Reindeer and Ruby tor St. Andrews
through East Quady. About 6 p. mn., when abreast of Harbor De Lute,
I observed two schooners and an open boat full of armed men, muskets and
fixed bayonets, hoisting American colors; one of them went along side




[ 100]                           16
Mr. Towneau in tihe Ruby, boarded and took the arms from  him and his
three men; the one abreast of me w, as kept off' for about a quarter of an
hour, when they commenced firing into us. Though with great reluctance
I thought it most prutlent to surreinder to such superior force, having but
four men, one musket and three cutlasses.
On delivering them up, I found there were in the two schooners about a
hundred armed men, (including the crews of the schooners, about thirty in
number,) the rest having the appearance of militia men, and headed by a
Mr. Howard, of Eastport, said to be captain in the UnitedI States militia.
I have the honor to be, &c.,
JOHN JONES,.Master.
To Captain HOARE,
FHis,Majesty's Stoop Dofterel.,4S19 MAJESTY'S SLOOP.DOTTEREL,
lal,Tfax, September 2, 18241.
SIR: I have the ho1or to inform you thatit while running past the outer
bank of the Grand Menan, on the 29th uldtimo, on my way to this port, I
fell -in with the Pilgrim,,American fishing schooner, taken by one of romy
boats on the 16th of June, at Grand Menan, for infringingi the treaty, but
was retaken by tlhe crew, aided by John Martin, one of the tNwo men put in
charge of her. I have taken possession of' and ordered her to this port.
Enclosed, sir, is a copy of' an aflida.vit made by William Paine (mnarine)
and the other man in charge of the Pilgrim, on their arrival at Lubec, by
which affidavit you will see, sir, that a man by the name of Winslow, one
of the crew of the Pilgrim, was the most active person in retaking' her, and
that he forced the cutlass from  WViiliam Paine, and obliged him  to go
below.  Under these circumstances I felt I should be justified in considering him a prisoner, and as such he now remains on board the Dotterel.
That he ought to be punished in some way that may deter others of his
nation from committing the same offence under similar circumstances, I am
sure, sir, you will think necessary.  1I have therefore to request you will be
pleased to solicit the advice of the attorney-general on thlis important point,
that I may he governed thereby in my proceedings.
I have the honor to be, &c., &c.,
RI IC-AtD - TOARE, Comlmaderqe
Conpy oj the Enclosvure in zhe f-breg?'oig LeitePr.
William Paine, one of the marines belonging to his British Maiesty's brig
Dotterel, m aketh oath and saith: That on Wednesday last the American
fishing-boat Pilgrim was seized for a violation of the treaty between the
United States and Great Britain, and the deponent, vwith James Martin,
seaman, put on board to take charge of her. That on the night of the 21st
instant, between the hours of eleven and twelve, it being Martin's watch,
he, this deponent, was awoke from sleep by the roll of the vessel; that he
attemlted to go on declk, but found the companion doors shut. This deponent then broke open the companion doors, armed himself and went on




17                            10[ 1o0]
deck, and ordered Captain Woodward, the master of the boat, then at the
heln, to put the boat about; le refiuted.  Martin was rowing; this deponent went forward and ordered him to drop the oar, but he would not, till
this deponent threatened to cut his head off if he did not.  While the deponent was thus endeavoring to get the vessel about, Winslow and Martin
suddenly sprung -upon him and obliged him to go below.  This deponent
was then brought to the place in the said boat Pilgrim, against his will, and
against all the exertion in his power to make;
his
NCWILLjIAM x PAYNE.
-llark.,
Benjamin Scott, one of the hands on board the Pilgrim, on oath saithl
That the foregoing statement of Mr. William Paine is, according to his
best knowledge and belief; substantially true.  That he was below when
Mr. Paine armed himself and went on deck, and soon after he returned and
said he nad been overpoweredl and his arms taken from  him.  That the
Pilgrimn was taken by Wood-ward and Winslow, aided by Martin, to Lubec.
This deponent fiurther saith, that Woodward andi Winslow both acknowledge that Mr. Paine dlisehargedt his duty to the utmost of his power; that
sunerior force (alone caused ]him to surrender hi.s arms.
BEINJAMIN  SCOTT.
STATE OF MAINE,
I'ashzigzffte  coz'ioiy,  si:
To all to whonm these presents mazy cone: Know ye that on the 27th day
of June, A. D. 1824, before me, Sol. Thayne, notary public by legal authority,.duly commissioned and sworn, and residing at Lubec, personally
appeared the aforenamed William Payne and Benjamin Scott, and made
solemn oath that the delarations by them personally made and signed were
just and true.
In testhmoniumr veritatis.
SO1,. Ti:IAYNE, Notary Ptublic.
Nlw BRUNsWI3cjK,       f
Charlotte county,   ss:
I, the undersigned, one of his Majesty's justices of the peace in and for
said county, residing in Campo Bello, do hereby certify that on the 23d
day of June, 1824, VWilliam Paine, the person in the annexed instrument
mentioned, appeared before me and declared the facts therein contained,
which appear to me to be correct.  That Solomon Thayne is a notary publie fol; the county of Washington, in the State of Maine, United States, duly
appointed, and'that full laith and credit may be given to his attestation.
D. OWEN, Justsice of th-e.Peace.




[ 100 ]                             18
FTIS MAJESTY'S SLOOP DOTTEREL,
hralifa x Halrbor, September 2, 1824.
SiR: I have the honor to inform you that while running past the outer
bank of the Grand Menan on the 29th ultimo, on my passage to this place,
I fell in with the Madison, American fishing schooner, (by her papers,
Cozzens, master,) an(d as I was informed by Winslow, one of the crew
of the Pilgrim, American fishing vessel, and who wvas then on board the
Dotterel, that she was one of the schooners that attacked the master off
Harbor de Lute on the 26th July, andt the master having affirmed that the,
name of the vessel that attacked him was the Madison, though he cannot
swear to the vesse], as all that description of vessels are so much alike,
but he believes her to be the same, andl on the crew  coming on board the
Dotterel, one of them, Daniel Rumney, was immediately recogised by William Vickery, one of the mariners in the boat with. the master, as being one
of those who were in and took an active part in the vessel that attacked
them, and on boarding the said Madison it waas discoivered the master had
left her, and as she had her boat ollt I have no doubt he had gone onl board
one of the other fishing vesseJs to escape 1ietection, as he wouldl have been
immedilately recognised by the maste; (and a.s some  dates on. the back of
the papers relative to her arrivail andt  iavin' Loubec a.t different periods,
prove her to ha,-'e been: at Lubec about toe time of the master having been
attacked; those circnIstances toogetilr, left no dtoubt in m.y mind of her
being the Madison that,   l7ith aniother schlooner.amedl the  )iligence,
attacked the mlaster ocf' Harbhor d e Lut  on the,f6th July, antd I therefore
took possession of her andr( ordfered her to this pont. As it -a(ppears to me,
sir, that this cil r tcmstance of two arli-el schooners attacking, and taking
from a British officer and 3:ritistit,crew two vessels  e had le gally detainedl,
is an act of piracy, andl al- those concerneic   there-inl ouoiht to be punished.
I have for the present detained l)aniel  o".limlne:Y on board, and I have to
request  you will be pls I       to soboit ito   -u 1 0  th(e atolrney general on
this important subject, that I may  be o!il(td theret}) 1   in my proceedings
relative to the said Daniel  RuPmel-y.
I lhave the h11onor to b1), &e. fe.T.C.I C,.HA4-  D.)  i ()ARE, Commander:
Rear Admiral LRAKE,
C.omma7n2ae dFr-i7Z('dil~- Ci    G~., 7 ~c., s-c..; t(.od1y to /o sr..ldams..
Yornc, MAILTIN, June 12, 1823.
Sin': i would refer you to the enclosed protest for the particulars of an
outrage committed on my property by the commander of a British brig, and
pray that you would lay the same before the proper authorities that measures may be immediately taken to restore to me my property.
I am, respectfully, sir, your obedient servant,
GEO. MOODY
lion. Jo-IN Q. AnDARi,
Secretary qo/ Stater, Wash cintglto




19                               [ 100 oo
By this public instrument of' declaration and protest, be it knowin that
William  Stover, of York, in the county of York and State of Maine, mnaliner, and lat1e master or skipper of the sl-hooner'  calllcd the Ceharles, of York
aforesaid, of the burden of forty tons or thtrcabouts, owned by George
Moody, of said York, merchant  and Josiah Stovexr, Solomon Avery, Theodore W ebber, jr., William  Simpsoni, jr, and  ianso        1 Forgerson, all of York
aforesaid, fishermen, employed and ergatred on boar.d said schooner for the
present fishing season, personally appeared and came before me, Alexander
McIcntire, notary  public within  andi for the counly of York and State of
Maine, who (lid on this terth  day of June, in the year of our Lord one
thousand eight hundried and twenty-three, severally solemnly protest and
declare, allege and affirm  that having  previously  engaged  wjith the said
George Moody, the owner oi said schooner Charles, to go in her for the
present fishing season, and saifl vessel being  fitted  out in York with all
things necessary to prosecute said fishing voyage and- under fishing license,
we sailed fromn said York on the 4th d(ay of TMay las Ii past on our said voyage,
and in prosecution  of our said ~oyage o        e  sail(d  to thLe coast of Nova
Scotia andl can mle to anchnor Ib  the first time after  leavic.ir York, about eight
leagues south-southL-east froio   Sieltburne on saiu(.t iNoa  Scotia coast, on
rlihulrsday the Sth  (aXay of':\N art t'oi-cl' I         (- Jtr- lch pic c.  J' riay ia orniing,
May 9th, at about nine o'clock.    $h-wc iil. ioT'ng  ve-ry  friesh friom the
ESE. and a heavy  seea we found thim' we could flo Joni'er lay at anchor, 1,ut
fbund that wae wcere  drittiino  i:ast- totl d crn   an ap.proaching
storm,  which aclttlnllV took place  the Foliowins deay, vwe were  bliged to put
into Slelburne for a Iarbor  to avoi(  the win(ls;,lnl seas. s a're caught sixtyeight codfish and three herring only w-hile we l-y I,t ainchor as before mentioned, which were i  all the fisch u-e caught  after we left  folk.'ie got into
Shelburnle ab1out 12. olcloci at noon on thle,h;r:le,  ( s v anid cale to anchor.
About an hour after we camle to anchor in Shellbiurn   the   ri"tishg tun-brig
called  tle  Argus, which, as n.e  were told, was com  an-led by Captain
Arabin, hove in sight anid soon after came into  Shelbumne alnd camne to
anchor, having previously sent mher barge manned  xith  an officer andtll  six
men to us, who boarded us, took possession of onur schooner and ordered us
to heave up our ancitor iminediateyvy al   (o  ncfgside Df the British brig.
The lmaster or skip-,er.0S od.-1...i Io,:o on   o card said  brigr with the
srchooner's....l.rno.l af.,a,, Oil o n oiarid ci n   said bbaig a  boet a
quarlter of a  hotr was;s: sn-i.t on hboa rd thl:, l-oo(lcr- again, Iiaving habd his
l: apers takef i fciom hini.'ilice bocit \,s tA-I"len  ifrom n' ofurf O eck Ind carried
alongside the                      e.    e      alonsie    sir 100i  oi  i lil 
ioinda y, a the  2-h day  of:, when i 0 o 0' (0  tr tew, ninelv,   ili. am
sSi~ps>or,.it'., Tho it07   V',:'ebl-,er> jr., Soi;'3Of'   -vei ad 1[in.,ison Forgrerson,
were taken firom i',.e'-. ^eo   ile'   I.:l. oh ao.i)-., ite's a -'l'i r, and tw7 o of'icers
and se- en mnen   were pi-),;:    thic pa  1(1-h 1!.'..:ooli',  al:e sait l m- iaister or sklip.
ioper la    J osaJia1 Stover *     t'   b:i e.,e:ct  1  ofbiceeor's andl
I en Pt! o,  boa0'd stid,      f. I' ere a i'11n eitit  e:'! i1I a's t 3     l    i   r(1  t(IIL5i'S, s
victualtted for t;f'wenty dla}ys.
iThe brig p])oceeent to St.,oo,, z J it  Il lI,         Il! I 18e said 1William
SimpsonI, jrl.,'illTheodore \vehthemi,i 3; 8ciro 1,,-..er O  ly and  -_:nason   ilorl':.erson,,destit lt e 0 of'  ioley (:1' tiIhitlg,  citeotilt,,'il.iti (:)iotIti il  they hadl on  thei
backs.  We, the  saidt Willtihlm Stovi'   I  e  i  sto ver, further protest,
affirm  and declare, that we vere dtetained  on board  the saidl schooher
Charles on it cruise of nine dIays in the Bay ot Fundy; during which cruise




[100]                                20
she took two fishing vessels belonging to the United States and carried
them into St. John's, and was there ag[ain victualed for another cruise of'
twenty (lays; and after 1aying one day at St. John's she thenl sailed on her
second cruise, and on the 22d day of M'lay last we were  landed from said
schooner at Campo Bello, where all the fishlermlen's clothes Awere given up
to the said master or skipper.
We further declare tand say, that aftc;lr we sailed from  York, on the 4th
day of May, as befoire namned, till we weri e boarded and taken possession of
by the said brig Arguts, no person was on bjord or said schooner,  except
our said crew, nor were any of the saitd cre-  ot-' said schooner on shore at
any plItce, an  our'boat was nlo  taken i'l no lu o dleek after leaving   York
till it w5,as taken off by order of th  e  Scer'.;  o? tl' 1)lxa    IArigXus, nor was any
article taken out of said schooner, from  the time l'e left'.York illl she was
taken possession of as before naned.
Therefore the saidl William Stover and his saidt  crew, to-wit: Josiah
Stover, Theodore'Webber, jr., William Simpson, jr., Solomon Avery, and
Hanson Forgerson, did declare and protest, as by these presents they do
imost solemnly protest, against the commnander and crew  of the said brig
Argus, and against every person concerned in the capture of saidl schooner
Chbarles, for arbitrarily, unlawfully, unjustly  and  cruelly  taking  said
schooneri, as no just or legal cause existedl to justify sai'd taking and detention.
W'A LL-\AM  STOVER,
TI'EODORE WEBBER, jr.,
WILLIAM  SIMPSON, jr.,
JOSIAH STOVER,
SOLOMON AVERY,
his
-[ANtSON  >X FORGIERSON.
STAl.TE OF ML~INE, Yo'/k,  is:
The withi         n named Wiliam Sov er,  eodore WehbL, j;.   illiiai Siml-.
1on, jr., Josiah Stover, Solioo_ n   X Avet y a ld iaoationl 1Fo~ 0 rgersoin,  personilly
appecred before moe   Al uexander PMcln"thie, ntota.y  pb)lic  ithin  nlltl ftor thet
county of \ortk, andl entcre  the ioregoiiliti pulc  dechaltion ant  1) ote1t
1by theL  severa!ll.   sulbscribed, a| i-rulte sol mn'  oath thit  all til  fc- ls
therein stated by tlceta severaly ar(le i truie.
11n Iwitn.ess  wlhe'reof I I   hrive hlereunrto sibscrlibe.d my:in- anld at:ixe( i my
notarial seal, this 10th1: day of Julne, inl the.yea r  of' our Lord one
thousandl eight htmundred andl twenty-thriee.
\'nmba'ry P'l'blic.
A t         tue C, oly fi'omn the orig3inal.  Attest:
ALEX ANDERL  Mc]NTIN'RE,
~~-L ~~l~C~i  \rVI'~~~J -LnU~~~Aol r  F!,V lV1"C




It"410I                   [1100   1
AIrI. AC'dtnEIetoi to 211j'. ACthwouv
A-SIMING'TON, Fej r,'2'     1), 19 85 I 5-.
Sirn: 0n1 tlhe (th'C- id      e 14ast of Septen-Nnber last, I had the honor of  recceiving fr'om  the Dlepartmlient of State two letters,  in   which my good o ices
were requested  in behctlf of certain individuals          of' the St.tte of' Matine engaged in tlhe fisdinc trade, who desire. iedress and reptcratt;on for injury
cldone to them by tile seizrir   of their vessels  by his Majestys sloop [Dotterel,
while elmpioVc([ii i;1 crULzinci    on the coasts ol his Majesty    Norltl   meric can
possessions.
inforlmeld  voua  sit', ireply  to  thllose communillic tolo,  tl        ]. 31tou]d
fobthwith adldress.1 an  pplication to the iritish naval  coimmuilier -i-chiief
OII the INorthc Amenicng  Station,  rcoiutlin' thit c! flll alnd i'm.i artlali
investigation should be institutecd into tl-e. v'i. ous cses> winch foliecd the
g'roundcs of co'mplaint on- the ptart; of thle  i-l  c:i  goverl:nielnt.
I have th1e Lhonorl to ttrasiiit to'you hllerwn.hi,  co)pi0S of a corresponleince
which  took plicc in con1sequence of miLj   c'ol; ati n, bet' eell aptLa In-Hoare,
commandci  ng his Majesty s sloop Dot             teoei,   a111(1 1ear'- cmirac Lke, in 1reference to the cases   oletl f     iorth    vour lette-rs abo —e menLeltione. rdT]le cdepositions of the.  officers  dali    lt  cooncened  ti            t the cap ure of ti   vssels:
thereint enuniteratteC( tair' ailis)  lo tcxei.
B]y a perusal of thlesoe docuimets it w 1ill, I t.'St, Sic',  lolust. t coiic]:u,'i,\eiy
Iappear to you31  that the complainniats ilh eo 110 just grcound of accusatCions
atainst the officers of thte Dottn'rel, inorr a    c ntitltcc  to it.itacltion for th.e
loss they havNe  sustainedl; tLat, on the contrary,  thy reneeled themselves,
by the wilful irregularity  of their ownl  conductl  jiustly  obnoxiolus to t11he
severity exercisec againsit them, having been takicn, some fgic ante delicto,
and otheirs in such   a position and  l Under isuch circurustances as, rendered it
absolutely imnpossible that they coun1 have had aany  other intention than
that or pu'rsuin,  traeir avocations as fishelrmen   itlin  the lines laid clown by
treaty as foi)mint the boundatries w           W itlirn   hicl  sich pIurtsuit was interdictedc
to them.
\With. reanCl   to tlhe 0c!llirge profer::e'id arainstv Caiptcdinl'I.ovt-.e, of hils havil.tg converted detainecd Amlerican vess!ls, prior to their l a,dljudicttionl in t;he
courts, into tendLers for atssistino  im  il his ope'a,tions agaislit -hi  vos essels
of the smtne.,:l:tr1l, I.  h? avere oLi.ly to o)serve t ha t th-at oitltm' bro 1diNr ailnd
il the ucost explicict  termsi cdcends e      ever.t1aAing  commllitted 0oic atu1tho1izedt one
suchl  act.   A.'l  iIn;        1  otL  8C;llS~tliO11 {:ILACbUCt I:,Y ~CO (,.11
sue t'vjt.  Acd in. re-,peet to the other accuscation  adr'escd!,v the coln)aIalilmts. of   ahttrctetms lt bV  the.i'rti,1 olmce. s of t IhIose per.sonrs wcosee
vYesselS   ht;Ld h \eexc Cicetatiedt    I t ir:st   that a: Lerusal of the eilitosed. pnapcmers will
make it ec(ually Iel    to you that th,  t charge is entirely ulfounded.
II caoclnoct    i       clt;,;p-)preh~Ilelnd, sir, t.- at  the'lcrlony Ivith which tile poceednl:gs; (oaf'ptaill  I   Co.::. ihave beena viieid by  the ciltizcns o'. the;State of
MIine,  tenmployed ini tice hiIsingi t.adlo on the  r;iiish North Alnellttc  cocsts,
may be r jdtiy.. asc.:lcc   to the  c'rcfistcmltc o   tche recent  substitution    of
vigilance, ont tihe p.i:t  o  th:e'B: itish1k   eruize 1O, 101 hlc I, Txity wIich al ppeaCrs
to have prevailled hler c toiore in. gularci.n:Zo those coasts from1  the intruision of
foring'l     fishlernuen a.ind s,(mugglers't~,8<   alind I do-ubt not thalt if thlose  persons
cotulc  be prevailed upion to confine themselves within t'he Emits prescribed
*Rebecca, Ruby, Rein-deer, William, Galeon, Pilgrim, Hero.




o the[m  bc)o the reaty, no cause of dis. se sion or complait would evtlt      er  ateV
bae tweenie:t-    v' th e siendividueals or vessels of  te two nationsZ.  -
it renAs ral        t:or n  obseir' ves.e- thain on  ease ie  which iby  the illorance
Sta,-tes hatd sexol _ted, by the Pursuit  end seiur  of an   A merica  vessel
withicn fth  A-s   iican, boundart ee          n Hoare mae jrnal ol ]  the ret paration ssibny
hIls pow.er fot hi, oeer' smisconduct, by  delivering up to the Americans
the boat wLi~h ha  been detainedO  and paying all the expenses incident to
lher detenlt Coa.
It  ave ti   hoor o bewith             irI sisposed tont t  derationt  Sir, ayour wle  t
obed'e~ t, huiuble servant,
11. U-. _!)'DDINGCTON.
The treIon eis i    )etw       tle _.... JovHrNet Ql atiNe to:,S  &.s erie
J1- kf AikTET   Ioot['ciJ)', -'1824
~~~~~~~~~~~~~~~~Bafa... eolelre,.b 5,  
Sun  Accordni~ to you  d~enniai      ade theU itc~    mietmto
Aid    icm urditl( t veOl ut i 1i   lJrosiavter  cu    mTh               oemt
I'  thikyt i  ll        I ier e s     i     belonin,n t t.rouhc  t the  seboa!s  r1elovets to
~f:e~ssrs. Jon:es and(:'Brothero0e thtIt wi\'lll be*3u:? -[,Ie stam.lp of' trudtl.  W'hly should
the y'erl veto i         these ves i       they had  seizedlt he l chs  I  it c illot   be
or te h.i' v0lueO ~o the, propy  itt Of]. o' noting' ie,se  tSeys  an   ifa tie Aweriocemn     e-nce so lo the'y  wv o          r.Nld os o  l og  theriv me' eJn ote b est   of te   iot
m~ore th1(an f'ortv dollars; tal~ee'were m'SSaw  othert A~~''C1;4l<Q  es
b'o    at 1 r,-Ais, of ti.   v d          t- m             ncan f'ishi n g'I   d e  ss eals
Tft im i: to b   Mupoed    ch they ht h   ave siz e      d if tt' wil.. aclknowec to hav e,olatomy
the or et     - the  sCtbetoi en_     4l:.at they  V.x-t m sriel rs;'.ettia, s'o lnoi' tIseeriye
1.think1~'You1 iV~il~l pe0ICemIN'C, coi uSomee  th Auoi  t' I''4ruesC
w  S er iJn     id Bi otheoe udy tuhat  ill l e  2-_.mt ea st1n.emp of thavt in    b  s r ibld
they det ine tnee    sseveral  iahes in the ad not si i     fted  the I t      i_,a.,v s i o ileot 1b
for tl'he'Uit e, "for' they hd liotle       J]or  aln  hn11:  l teic;  i,(, an  t}hey were
coiide-Ded   sdold: theiy i:ioUl ci otr a        mte ots tPet o f             t th'me ishmes_ tta   iot
m;inore thi'bne ftort he o'n01as  tV fler O wer  mlan   ot"~herAvmio u n t o  y ] earu i tessels
of MLuelI mrole 7lne wbieei t"Acy:"igot hlae 5lizeRl D    i'             V to ~Imiloy
the.' or fo" ta        e of ix hat they M'oht se     11'x1Lt it   known e'%emy
v; her e i n 1-L1e Jia   of  uRndy that -thC _-"Imnorian fitsmollorme'l. 111ve linvreibly
Ba..v~~~~~ ofths Funa'dy''-                                L~       ~o
moclde als  CT tll severali hax lors ini thoe MAa'an i  s mI         I        fre
part of — tile -Unated States' tlhcv COi11'). in'Mld haul their mmtuis an'd tilcrc  maer
mama' r'taxc'~  CIlte' M ovmr  ct awy-tevnei Cili                isad      rs  at. 
o 1"ne 111101mcml by tild   10 niicruw    a  the    a nan,  rvar to m~iy Teain  t:'i-    0 mttU.  th nt they had tailen treble tihe (.tuLan'  of fi  In tjis year to
1titi o[:tan? pi)eo ing yc  lear..il.... the  war, ad they  acm'ioed it entirely to
t:o   I t,      1tJi   l -  i (ma   C,  11 1 ~tA          1   i i  it}O  },)i   the  boic,,ltl.)X!t\*(  t   Rt.  X)r(,)e
~i.:.,:,:.L me:ou~,..mn the..... iaitaj ton t t.]:e. oe   e raw e I(I     ribed
b      i.2h' b- (t(t.a'ne. 1'I bj Omai  o' f  th}.e shel n   ei'e tD    t  ore.
otf dthe fornj-u' crthL'zers ha t     ie    fm          A     c.inu.an  f:rhi';-: lmetten,
ite: dd 1,is }sT.r..-stv's  sloop A,, —. Bel"-nuda, ooern 0cr   1 7,             ) 1ha,ve
li't:(f1....1 ~L-(['.' t-~ -t71 JO.41':_~ts (-,fiJ.brmuda,,'F R:C-lil'!7   So<'atleil  h,_,'.''!>)'ift~tAn    axd             S, -"       t h,.....
1iL' i  ai:[. c.i i),Ul a. Ctention tC-o L]i he ni1-sm.A'2es off  L:[anln,  Ln coil.," etl t he
I~   ~     ~ leae   (10it   hC   a D011 VLI1C'N  111-2Plae




23                            [ 1o00o ]
their living remote from each othler, and no educated persons among them,
they have been at a loss how to drsaw, up a petition, or who to apply to for
redress.
As all the vessels alluded to in. the papers sent by.Mr. Addington were
taken, by the boats, I cannot myself make any observations on their capture, but shall confine myself to a few remarks on the protest of the American fishermen, and to ans-wer thle complaint you hlave called my particular
attention to.
Why do not the crews or owners of the American fishing vessels detained
for violating the treaty, come forward when the vessels are adcjudged in. the
vice-admiralty court and produce such evidence as would clear them? They
say to claim their vessels in the vice-admiralty court of New Brunswick
would be total loss.  The fiact is it would not answer their purpose so well;
they are well aware that witnesses could be produced that would falsify
their testimony; the fishermen at the 5Manan would immediately come forward to witness the fact of their beinc in their harbors and drawing their
nets when not in want of an article of provision or fuel; but the Americans
are aware that wheln their protest co mes befor the comm.ander-in-chief of
this station, the vessel of'war will have left the Ba-y of Fundy, and that
there will remain i)alt the testimony of -the officer and boat's crew that detained them-  ihiclh they will take care to outnumber.  if the vice-admiralty courts of New- 13i I.'USic] arle condllucted illegally and lrtong, should thle
1]ot make  a represeCmntation to the Britis h governm7nit, that tlhey lmay be better
conducted? LIow-is tlle (captain of a, man-oftvar station.el in the B)ay of Fundy
to act, if thle proceedcings in the vie-ccadmirullty court are to be considerse([
ille al anld void merely fiom thel-protst of some Auericanl fishermen?
hAVlt are -the vice-atdmidr1alty courts institutedl ifor but to try causes and
decide whethel the captture is jlust, and  sllhould conceive that when they
have pass'ed judlcgmnt,;the cattailn of tihe seizing vessel i, released from
-7further vresponsib ilityv: sufiicient tilmel is allowedl all parties to procure and
produce evidencen? and if they do not com. e forward, is it not a ta4cit acknowledglent of the badness of their cause? ani-id sauchl  the case with these
American-r  fishing vessels; they have asserted mtany things that are wholly
false.  It is stated in memorial A,'" tha-t ine sail. of American fishermen
have b3een captured a nd sent into the  province of N'ew BrIunswick, while
others haive been converted into tendl.ers   ithout trial, for the purpose of
nmolesting our fishermen; they h.ave insulted acllId aJ used the crews; turnedl
them on shore in a foreign country entirely tdestitute, anid \jith;.out the means
of returning to their homes."
That any Anmerican fishing vessel detained by thec Dotterel or her boats
has been converted into a tender for the better molesting their fishermen
is wholly false; that the crews havvle, to my knowledge, been insulted and
albused,  must be a gross and wilful perjury; it haid always been the custom,
I understand, to allow t-he crews of the vessels detained to take their clothes
and such provisions as they pleased and find their way to the States.  I
have sonietimes offered to carry them back when I returned to Passamacluoddy; they have invariably been allowed to take away everything they
could claim as their private property, and the whole of their provisions on
board their vessel, with which they paid their passage back to their country.
And in the mnemorial C it is said, " that the America;n fishermen have no
occasion nor inducelment to violate the provisions of the aforesaid conven



[ 100 ]                             24
tion, inor h1ave they, as we firmly believe, given, in any instance, just cause
of complaint."
It is a. well know-n fact that the American fishermen leave their fishino
9ground every Saturday (when there is not a mnan-of-war, or her boats, ill
the neighborhood) and anchor in some of the harbors of Manan until the
Monday, bringing in the fish offal with them and throwing it overboard on
the inner banks, by which they drive the fish off those banks; and they haul
their nets during the Sunday and catch sufficient bait for the ensuing
week.  This they suppose is not known —for they are not ignorant that
this is a violation of the provisions of the convention; the fact is they
want, by causing rmuch trouble, to deter the man-of-war stationed in the
Bay, of Fundy from interfeering with them cat all.
That the brig's barge has come into the wharf at REastport, and taken
and carried away two boats laden with flour, Lieutenant Driffield's letter on
that subjecet will, I think, completely inyali(late that charge.
TIhat the 1Hero-American: fishing vessel-captured on the ]6th of June,
has not been sent in for trial, but is armed and is still used as a tender to
the Dotterel, is entirely fnalse.  She.wtys not use(l bVy mre to a.nnoy a singlle
American vessel, and on hler arrival.   att St.   oln's owvas delivered over to the
collector of the clustoms, allnd onitl; 1r1ong  re this, to havre been adjudged
in the vice-admiralty co-urt.
" That tIhe officers havinom elchvaire of the a'nmed boats of the  )otterel,
ordered to cruise round Grand Manll  -ant n d Caampo Bello, have written instructions,'whihlh have been exhibitoe(d, to seize and sen(l into't. Andrew's
all American fishin n  vessels tfounld within th.ree marinie miles of the sa.id4
island.'
M)iy order to the officers of tile boat has been, that any American vessels
they may find wvithini thrce marine miles of the shore, except in evident
c ases of distress or in wtant of wood or water, thev are to detain and senid
orl ca1rry ttheln to St. Andruiews.
I have the bonor to be, &c,.IC.-t:{t:Y I[Al Oi:tI- E, Con')mmatder.
lRear Admtiral LAKE,
(Yoqi/Oman.cIer1.-jnP3'- Ok1 C2Z4 f,! f c., 4'.'I-S MATJE-'ISTYS SLOOP DOTTEREL,
Icalif ax, Novenmber 8, 182a4.
Sin: I beg leave to represent, in obedience to your orders of this day's
daLte, directing me to give a statement of the facts, and under what circulmstances I detaiined the American fishing schlooner at different anchorages at the Gra.nd   tlManan, while cruizing in the ya.wl, in pursuance of your
orders, for the protection of our fisheries that on the second of July last,
on boarding an Englishl vessel,   found a man named Wright officiating as
pilot to catrr  her to Grau harbor, ieho told ine lie belongedl to the Amerib
can fishing schooner 1`lbe 3ece  tlhen at mInchor at WIVoodward's cove, andt
that'they came tlhere ol0..:xoaiter.  Satisfined with his assertion, I continued
cruising,    and shortly af ter I observed the American vessel getting under
weigh, lea.ving the said nan (IWTright) behind. I ran down towards her; they
not hea,ving, to( after I ]a(l maired several shlots across their bow, I chased hler




25                          e oo 100]
over to the Nova Scotia shore, where I lost sight of her.  On the 6th following, I found the said American schooner Rebecca at anchor, cleaning fish and
throwing the offal overboard, and the aforesaid man (Wright) on board. It
being fine weather, and they having three barrels of water on board, with
a sufficient quantity of wood, I detained her and took her to St. John's.
On the 15th of the same month I found tlhe American fishing schooner
William anchoring in Gull cove; the weather -was fine unItil after she got
in, when it came on foggy, with light breezes, and they having two barrels
of water on board, w^lhich myself, MA1r. Tongpean  and boat's crew subsequently
used from, and plenty of wood, I detained her. Htaving found the American schooner Rover, of Addison, (Crowly master) landing a great part of
her cargo of green fish to a Mr. Fowler, of Gull cove, I mnade the William's boat fast to the yawl foir the night, to pLrvent their crew from doing
the same.  As for their getting water, about sunset, and a vessel to anchor
alongside of them, M'fr. Tongeau and I know it to be impossible, as I had a
sentry planted on shore, about two cables' length from1 them, and if they
received any water after dark, it was (lone as a pretext, for the boat's crew
vere witnesses to the water I found on board when I first boarded her; and
that I threatened to confine the master to the deck, and lash a pump brake
across his mouth, as stated in their protest, that is false.  On my first
boarding her, with only three men, in a small boat, they were very abusive
to us, and one of them said if they were all of his mind they would heave
that fellow overboard-pointing to ime.  I told him  if he did not keep
quiet I would lash him to the deck.
At three p. im., same day, (15th) I received informsation from  the
fishermen at Gull cove, as well 0as from the master and crew of the fishing
schooner Minerva, of Grand Manan, that an American schooner was at
anchor at Beal's passage.  I wrent out from Gull cove and saw her there;
at nine o'clock in the evening I boarded her, which proved to be the American fishing schooner G-aleon, and found all the crew asleep.  On questioning the master the reason of his being there, he told me he had come to
throw the gurry (offal of the fish) overboard. They not being in want of wood
or water, and a fine fair wind for them, I detained her, got her under weigh,
and ran for Gull cove, a direct course for their fishing ground.  What the
crew of the last mentionedl vessel asserted in their protest is not true.  I
never said that I would release their vessel, but told them  that it was not
in my power to do it, as they hlad decidedly violated the treaty of convention between England and the United States; but as they pleaded poverty,
saying their vessel was their sole support, I told them I would recommend
their case to Captain Hoare, of the Dotterel, my commanding officer.
Both schooners, William and Galeon, I took to St. Andrew's next day.
On the 25th of the same month I received infornlation fiom the
master and crew of the fishing schooner industry, of Grand Manlan, that
several American fishing schooners were at anchor at Two Island harbor,
and that two of them, namely, the Reindeer and RItuby, of Lubec, were at
White Island  harbor on the 24th, where they got their wood  and
water; and that, on their anchoring there, they told them and the inhabitants they were armed, and would not allow any man-of-war's boat to board
them; and after they had their supplies they shifted to Two Island harbor.
At daylight, on the 26th, observed four schooners att anchor at rwo Islsan(d
harbor, which got under weigh on our appearing.  When I got close




[ L00 ]                           26
to three of them they lashed alongside each other, and all hands, thirty in
number, went on board the middle one, with fire-arms and fish-spears.  I
desired them to separate, which they refused to do, until I threatened to
fire on them.  On boarding them  they proved to be the Reindeer, Ruby,
Friends and Diligent, American fishing schooners.  It being fine weather,
and they not in want of wood or water, I detained the Reindeer and Ruby,
and by the sanction of the masters of the Diligent and Friends, I put the
crews of the Reindeer and Ruby on board of them, with as much provision
as they wished to take, and on our passage to St. Andrew's, the said schooners, Reindeer and Ruby, were forcibly taken fr'om  me by armed vessels
under American colors, as stated in my letter of the'27th July last.
I have the honor to be, &c., &c.
J. JONES,
M1aster of H. M. sloop Dotterel.
RICrA:D I-HOAItE,I (onzman7c der.
hiAs M`AJES TY'S SL SO0P D0orrIEREL,
Novegmber 9, 1824.
Sit': In obedience to your orders I herewvith add( a statement of the
Pilgrim anod Hero, American fishing schooners:
On the 16th of June last I observed these schoonlers laying off the Granll
Menan, anld upon approachilng theym one of the schooners got under weigh
nlld stood in for the shore; 3 30 p. m. observed the schooner under wighll,
heave her lines overboard -aned haul in fish, the schooner then within one
and a lhalf mile of the island' 3 40, fired and broight to the schooner;
45 boarded the Pilgrim, then. a1bout one mile oir one mile and a quarter:-from the shllore; she hadl on boazrd fis1 alive; took possession of her for a
breach of tihe treaty; I then took to thLe iN. 1- E. and boarded the Hero,
hilo had. inaide sail ihom in shorce? whilst I was on board tile Pilgrim, and
fideling she nwIas in want of nIotlcing, I inqulireld wlt she lacd been doing
so nler  the shore with her sails dow n; to wnhiclh I was informed by one of
the crew they ]latl been cleaning tlloir fish on sho1re; in consequence of
which, and hlaing o seen her -within one mile o: the 1and, I took possession
of her also; stood in land anchored in Two Island harbors. Thursday, the
17th, being for the most part of the day calm, I remained at anchor.
Friday, the 18th, at 7 a,. n., weighed and stood for Beaver harbor; from
9 to 12 calm; 3 p. ml. observed two schooners under the Eastern Wolf,
then about one mile distant; it being calm at the time, I ordered the master
of the Pilgrim  to send me her small boat, not having one myself-upon
receiving which I ordered one of my seamen and one marine armed into
her; the boy who brought the boat I told to remain on board until I re.turned, but on his expressing a wish to go, and knowing he was more acquainted with her than any of my men could be, i agreed that lie should
pull, and ordered my seamen on board, part of the way I pulled, and part
of the way the maraine pulled with the boy; when I returned, there being
no appearance of wind, I ordered the schooners Pilgrim and Hero to follow
me and anlelhor under the Eastern Wolf for the niught.
Saturday, the 19th, it being calm, I did not weigh until 11 a. lei., then
a light breeze; stood for Beaver harbor, where I anchored at 3 p. in.,




27                               100 oo]
with a.n intentilon of waiting tle D)otterel; arrived, thereforl  unlbent sails,
andIl  craused the Pilgrim and I. hi.o to (1o t'llhe sae..
Suidal, -x th1e 90t, 1 1 o0  i. In.? ohl,   d er d tie Dottr cl  pass i n tle offilno
to the est;;are, biet   a"imid,  oseoe  tIe Pilgrlim  ad IHero to ado th e
same: 1. 20 2p m.. Awei4lc;:chooells i-  COpn5,  3; ea,t out of the!1mrbor, but fin lil  tlCe  ji1ilim  a. Ie   col       t,  To eup stod  in tll
anchored; 1, sdiMonci ic  ompactfl
tlMendsr,  t:i';:i-tt, nLat  i.    N...ele  v.i.  igi'l,  SCt0 0iLCrS i7'oo. m ) nmpany;, 00ipt a.u d.c ancehored in \ia, sol's ha, al- 8 830. P..
Tuesd'v,v +1a-'22,  at 2 t;-)) a. n0.'tl.e sen: t.LX   pote)'d o)  f Ltire s-4r'o~lsoho'e
was gone.
V, ectles I (.s, the 2:3d? fic'e:l o  t.i] d. li i I  tie:;flit naias w-ith,
heavy r tain -still at an't3ho:.
Ihlhunscluay tilm  2 th,  at I a. ni. weig Led;vitIh 1;A   an.i,( st  I
Point Ia  rio, IXero i0n enompanrli T 1   di(- comai I  n   y:ed (liel too f11 ite
I)pper hailbo-r.
Fr.ida<ty,  the O2th.  eavy:1  iL r a'lns withi rie ol'  brteeCzes:'iomin tlhe eastwald-:1l
renllainetd at a1 Chor.
S aturday, the 26t;,     i ntodl but wore obl]ged, 0i put backf,'laiil.
S'uiday, t]ic i24t hA, weig'iled, and iran up to St. John's.
I further be leae  to state that I did deta in on b)oard'C the crews of the
Pifirim and lHero, having no authority for actin  otlherwise; that Winslow,
in Beaver lharbor, said lie was aware of havinod fishled wtithimn 4he mli:it, S    {nd
if I would aflo wi him arit( crewl to go  lome  lie ewo-uld give up I'iS schooner
nr11d neVer again ask for ho'r.  Part of the men -ere at times on Tboard my
boat and livinog tile s.amCe as lmy boat's cre,   ho110 ilad the allowance of the
Britis'h navy excepting   spirits, which had been all Used to ipMake up- fo
which I goave fiom   mlly private stockl to those of the schooners who were on
board lmy btoat.  I never asked them  to do any duty on board my boat,
nor did I at any tine make use of harsh or menacing language; the duty
done by the persons taken out of one or either of the schooners was a perfect voluntary act of their own; the arms spoken of were taken from the
Pilgrim, through expressions made use of by WVinslow, for safety: powder,
a qluarterl of a pound; shot, about one pound; the arms were delivered to
the gunner, the papers of each schooner were delivered to the custom.-house
at St. John's.
I have the honor to be, &cC., &c., &.)
S. Pt. BOTt-US, ifate.
P,. HO ARE, Cogmzander.
yevidence of 3tr. Towneau, midshipman, and the crew of the yawl boat
belonging to her Majesty's sloop Dotterel, relative to the detention of
the Asmerican fishing schooner Tilliamn.
Mr. TOWNEAU, midshipman, examined relative to the detention of the
American schooner William.
Question. Were you in the yawl when Mr. Jones detained the American
schooner William?
Answer. Yes.




[ loo                            28
Q. State the particulars.
A. Mr. Jones sent me with James Lloyd, marine, on a point of land to
look out.  We saw two or three vessels working up; observed one of them
anchor in Gull cove.  Mr. Jones went out in the small boat to board her;
he hailed us to come along side in the yawl, which we did, and found Mr.
Jones had detained her. We then took their fishl knives from them, having
heard by some people both on shore and on board some English vessels that
they would oppose us in boarding.  vre unbent her sails and took them
with us in the yawl; also her boat.
Q. Do you know Mr. Jones' reason for taking hler boat'?
A. Yes; to prevent her crew goi;no on shore to exchange fish l or rum,
knowing that another Aimerican fishing vessel bad done the like with Mr.
Fowler at Gull cove the same dlay;,also to preent thteir getting water, as
the American fishermen general ly make that a pretext for comirnn   in.
Q. What quantity of wood and water had she on board?
A. I cannot say the exact quantity, but there was sufficient for her crew
anld ours to earry her to St. Andrevw's, at which p;lace we (id not arrive till
several d(lays after her detention.
Q. How was the weather?
A. Very fine with a moderate breeze  but after.lhe anchliored it came on
fbgoy.
THIoMiAs  RICiI3A R)SO; examinedl.
Question. Were you in the yTawl with Mr. Jones when li e detainedl the
American schooner WV illiam?
A. Yes.
Q. Relate all you know respecting her.
A. T went with Mr. Jones in the small boat to board her; went below
and overhauled what quantity of wood and water she had on board.
Q. What quantity of wood and water had she?
A. About sixty gallons of -water below and thirty on deck, and about a
cord and a half of wood.
Q. H-low was the weather?
A. The weather was moderate andc hazy, but after she anchored it came
on foggy.
JAMES LLOYD, marine, examined:
Question. Were you in the yawl when Mr. Jones detained the American
schooner Wiiliamq
Answer. I cannot recollect the vessel's name, having detained several.
FELIX SIAw, marine, examined:
Question. Were you in the yawl when Mr. Jones detained the American
schooner William?
Answer. Yes.
Q. Relate the circumstances you know about her.
A. I cannot recollect any of the particulars, as we (etained several.




29                          C 100 ]
JOIN CAMMISHi, seaman, examined:
Question. Were you in the yawl when t.r, JotLes (detained the American
schooner William?
Answer. Yes.
Q. Relate what you kn.ow of thie eircumlstances.
A. It is so long since, I can1Anot recollect tel partlictilars.
RICHARD) NEVL ND, seaman, examiined 
Question. Were youL in thle  awI- wxitl M11.,iones whlien Ihe letained the
American schooner \Wiliiam?
Answer. Yes.
Q. Relate what you know respecting  her tleeintioni.
A. When we:ftll in with th-e W!illiam sle was laying in Gull l cove. Mrl,
Jones aslked what Lhey were doinjg tlere.  lThey- said thly icamae in for wootd
ain~d water.  W. Jones ufelreaned l her,   unbent;her sails, and took them wtitl
us on shore in the yawl, antd lac1iewise took their small boat w-ith us.
Q. Do you know tihe reason why Mr. Jones unbent: her sails?
A. To prevent her, I believe, fro'm going to sea during the night.
Q. What quantity of wood and water hlad she on boardl?
A. About three barrels of -w'a:ter aind a cord of woold.
Q. How was the weather?
A. Fine weather with a light breeze.
Q. Do you know the position of the fishing-ground?
A. I do not know the bearing of it by compass, but I could see the
vessels at anchor on the fishing ground.
Q. Was the wind fair for going on it?
A. Yes, it was.
Q. Were you in the smaall boat when.Mr. Jones boarded her?
A. Yes, I was.
Q. Did you hear the master of the vessel assign any reason fbr corming
in there?
A. He said they canme in for -wood ant wANater..VILLIAM VICKiERaY, marinle, examined'
Question. Were you in the yawl when Mr. Jones detainerl the American
schooner William?
Answer. Yes, JI was.
Q. Relate what you know respecting her detention.
A. I observed a schooner come in and anchor within a mile of the shore.
Mr. Jones went out to board her, and brought her in the cove and anchored.
Q. Were you. on board the schooner?
A. Yes.
Q. What quantity of wood and water had she on board?
A. I know there -were two barrels, but cannot say whether there was any
more; was not down in the hold, and cannot say what wood there was.
Q. How do you know it was the William?
A, I saw the William of Addison on her,stern.




[ 100l]                              3
3JOu[N LLOYD, seamanl, e(xamined:
Question. Were you h) thle yawl.1bwlh Air.,Jl oi; detained the Amf rican
sclonier Wimlla?
Answer. Yes, vI wa!s.
Q. Relate til par ti  "'s:.
JA/. I waes 0with th1e! (i'atter pri rt Pof',    (-1pil.f)ii,  o1 I poiint of land
observed a schooner conie in an eL anlcnhor.  She was bolrdle(l, but cannot recollect whether it was tby   r.i  ones or 01M.    C owirnvteau.
Q. Were you on board the scelooner?
A. Yes, I xwas.  i w-ent off and assisted inu ulinbendinu the sadi>.
Q. Do   oun reemrneile.' whitr   q1taiti         d o ( wood   i   -  ha id on
board'
A,  si do not i)erf'ec tlx  o rc  oi. o c't thei i luani-. ly, butl there was one cask
handed up half fiti wih th1y said the  were going to get filleil on shore,
but were ptre-enlted by lMr. Jo-nes.
Q. Did -0  Il'ln  0  toea y' CI,.' il  tmi   sols.   co oi   il 
A. Yes  fo r woodT and wate;.
Q. How was the weather?
A. Fine weather,  ad la fresh bleeze..JouIn:-  l:~IEEsr, seaman, exCan-nin'
Qulestion. Were /o1i1 in the yawl with' Mr. Jones when lie detained the
American schooner Wil.iatn i?
Answer. Yes, I'was.
Q. Relate all. you know about her.
A. I was sick in a tent  on shore, and (lo not klnow any of the particulars.
WVILLIArI PAYNE, marine, examiined(
Question. Were you in the ywawl with Mr. Jones when lhe detained the
American schooner,  William?
Answer. Yes.
Q. Relate all you know of the particulars.
A. I went on board with Mr. Jones in the small boat to examine her.
Mr. Jones detained her; unbent hler sails, and took them on shore.
Q. Do you know what iwood andl water she had on board?
A. I cannot say.
Q. Did you drink any of the water on board of her?
A. Yes,, I did.
Q. How was the weather?
A. Fine, with a strong breeze.
We, the undersigned, have examined. the aforesaid persons, belonging to
his Majesty's sloop Dotterel, taking the minutes of their depositions respecting the detention of the American fishing  schooner William; and we do




31                              lorio  ]
declare that their evidence has been taken in a very impartial manner, and
that the persons aforesaid have not been biassed in any way whatsoever.
JOHN COOKE,
Senior Lieutenant H. VIF. Sloop Dotterel.
JAS. HAZZARD,
Purser HI. S. Sloop Dotterel.
EJvidence qof.s.  Towneau,   midsh7ipmtn,  and the crew of the yawl boat
belonging to his majesty's sloo100  Dotterel, relative to the detention of the
qrmerican fishing schlooner Galeon.
Mr. Tow'NEAU examined:
Question. Were you in the yawl when Mr.i Jones detained the American
schooner Galeon?
Answer. Yes, I was.
Q. Relate the particulars respecting her detention.
A. While at Gull cove Mr. Jones went out one evening in a small boat
to cruize.  About 11 p. imn. Mr. Jones returned with an American schooner
which he had detaine(d.  Ne.-t morning about S o'clock PMr. Jones sent me
on board the Galeon to take charge of her.  About 9 o'clock we got under
weigh, and made sail for St. Andrew's.
Q.:Do you know Mr. Jones's reason for detaining her?.A.  1 believe   1 tIhii lrivin,   broken the  treaty; but do not know the
particulars, as 1. was left on shore in charige of the yawl. 
Q.  -low'was the Weather 
A. I belie e it was a fine, clear night.
Q. VWhat quantity of' moo0( antd'water htad she oni bo-ard(.
A. I cannot state thle  eu~ttli,'   bnut uwsedt I fieom it some days after her
detention.
Q. How Vwas tire  indUl 
A.  Fro m the northwi:rd, a1nd 1 thlintk north by \vwest.
TuilOMAS RICHITAIDSO-N examini-ed
Question. Were you in the yawl NwI ith Mr. Jones when lie d(etained the
American schooner G(aleon? 
Answer. Yes.
Q. Relate what yout know respecting her (detention.
A.  I went in a small boat with TMr. Jones, and pulled out of' Gull cove;
boarded two English schooners, who informed us that an American schooner
was laying under the land, which vessel we hoarded, and. found the crew
below, asleepl.  Mr. Jones asked them what they came in for.  Their reply
was, for wood and water, and that they had got it that afternool.  Mr.
Jones then asked themi their reason for not gooing away. They said they
were waiting for wilnd an(d tide.  lHe then got her und(er weigh, and ran
hler to (Gull cove, whiclh )larce lay ietween us and the f   rislin- goud.
Q. Do you know the position of the fishing  lround ll
A. Yes, I could see it from Gtull cove.




[100                             3
Q. Was the wind fair for the Galeon to proceed to the banks?
A. Yes, it was.
Q. Do you know the passage firom Gull cove to the fishing banks?
A. Yes; a clear passage outside the Black Kedge towards the banks,
Q. What kind of weather was it?
A. Very fine and clear, with moderate breezes.
Q. What quantity of wood and water had the Galeon on board?
A. I do not know the quantity, but observed three or four casks and a
quantity of wood.
WILLTAM PAYRNE, marine, examined
Question. Were you in the yawl with Mr. Jones when he detained the
American schooner Galeon?
Answer. Yes.
Q. Relate the particulars respecting her detention.
A. I went with Mr. Jones in a small boat in the afternoon, (the day of
the month I do not remember,) and boarded an English schooner, where
we were informed an American fishing schooner was laying under the land.
We boarded her, and found the crew all below.  Mr. Jones asked them
their reason for being there. They replied they came in for wood and
water. IHe then asked them why they did not go away when they had
got it. They said they were going at daylight. He detained the schooner
and took her to Gull cove, anwl on the following morning got under weigh
for St. Andrew's.
Q. Do you know the position of the fishing banks?
A. Yes; I could see the vessel on the banks.
Q. Was the wind fair for tile Galeon to proceed to the banks?
A. Yes; for the banks lay nearly in a line Nwith GtdlI cove fioln w\lere
we detained the Galeon.
Q. On what quarter was the wind wheln youl ran toward s (1-Gull cove?
A.. Very near before the wind.'We ca.ne close to the cove, and tthea
we hauled uD into the cove.
Q. How was the weather?
A. Fine clear weather and fresh breezes.
Q. What quantity of wood and water had the Galeon on board wheln
detained?
A. She had two casks of water on deck, alnd a great quantity of wood,
FELIX SHAW, narine, examined:
Question. Were you in the yawl with Mr. Jones when he dletained the
American schooner Galeon?
Answer. Yes.
Q. Relate the particulars.
A. I was one of'the crew of the small boat that went out witlh Mr.
Jones. In the afternoon (the day of the month I ldo not recollect,) boarded
an English schooner near Gull cove, who said that we had better keep a
good look-out or we should get a good handspiking from the American
schooner then lying in shore.'We shortly after boarded the American




33                         [ 100 ]
schooner Galeon. Mr. Jones asked them  what they were doing there.
They said they came in for wood and water, and had got it that afternoon.
Mir. Jones asked them, if they had their wood and water, why they had not
gone to sea. Their reply was they did not think it worth while to go to
sea that night; and the master requested Mr. Jones to let him go that time,
and he would not come in again. We then got under weigh, and took her
to Gull cove for that night. One of the crew was very abusive. We
afterwards carried her to St. Andrews.
Q. Do you know the position of the fishing grounds?
A. No, I do not.
Q. IH-ow was the wind when you ran for Gull cove?
A. A fair wind, and fine, clear weather.
JOHN LLOYD, seamlan, examined:
Question. Were you in the yawl with Mr. Jones when he detained the
American schooner Galeon?
Answer. Yes.
Q. Relate the particulars respecting her detention.
iA. When at Gull cove we observed a schooner run in and anchor. We
boarded her in the small boat, which proved to be English. They told us
that the Galeon American fishing schooner was laying at an anchorage
then about three miles off. We then left the English schooner and boarded
the Galeon. I was left as boat-keeper, and cannot state what passed on
board. Shortly after she was got under weigh, and ran to Gull cove.
One of the crew of the Galeon was very abusive to us. She was afterwards taken to St. Andrew's by Mr. Jones.
Q.:Do you know the position of the fishing ground?
A. No, I do not.
Q. [low was the wind for Gull cove?
A. A fair wied.
Q. How was the weather?
A. Fine clear weather.
Q. W That quantity of wood and water had the Galeon on board?
A. I Xo not know.
JATMES LLOYD, marine, examined:
Question. Were you in the yawl with Mr. Jones when he detained the
American schooner Galeon?
Answer. I was in the yawl when he detained some American fishing
schooners, but cannot recollect their names.
JOHN CAMMISH, seaman, examined:
Question. Were you in the yawl with Air. Jones when he detained the
American schooner Galeon?
Answer. Yes.
Q. Relate what you know respecting her..
A. It is so long since that I cannot recollect any particulars.
Ex. -2




[ 100o ]                        34
RICHARD NEWLAND, seaman, examined:
Question. Were you in the yawl with Mr. Jones when he detained the
American schooner Galeon?
A. Yes.
Q. Relate what you know respecting her detention.
A. I was left in a tent on shore at Gull cove, and recollect Mr. Jones
going out in a small boat and bringing the Galeon into Gull cove.
Q. How was the weather?
A. Fine weather, with a light breeze.
Q. Did you ever go in the Galeon to St. Andrew's?
A. Yes.
Q. Do you know what quantity of wood and water she had on board?
A. She had four casks of water and about two cords olf wood.
JOIHN CHEESE, seaman, examined:
Question. Were you in the yawl with Mr. Jones when he detained the
American schooner Galeon?
Answer. Yes.
Q. Relate all you know respecting her detention.
A. I cannot state the particulars, as I was sick in a tent on shore.
WILLIAM VICKERY, marine, examined:
Question. Were you in the yawl with Mr. Jones when he detained the
American schooner Galeon?
Answer. Yes.
Q. Relate what you know respecting the detention.
A. I was left on shore in the tent; Mr. Jones went out in the small boat
and brought the Galeon in the evening.
Q. How was the weather?
A. Fine sweather.
Q. Were you one of the crew that took the Galeon to St. Andrew's?
A. Yes.
Q. What quantity of wood and water had she on board?
A. Two casks of water on deck and one in the hold, and plenty of wood.
We, the undersigned, have examined the aforesaid persons belonging to
his Majesty's sloop Dotterel, taking the minutes of their depositions respecting the detention of the American fishing schooner Galeon, and we do
declare that their evidence has been taken in a very impartial manner, and
that they have not been biassed in any way whatever.
JOHN COOKE,
Senior Lieutenant H. JM. Sloop Dotterel.
JAMES HAZZARD,
Purser H. jM1. Sloop Dotterel.
RICHARD HOARE,
Commander.




35                         [ 100oo
Evidence of the crew of the Dotterel's tender relative to the detention of
the 1American fishing schooners, Hero and Pilgrim.
WILLIAM PAYNE, marine, examined:
Question. Were you in the Dotterel's tender with Mr. S. R. Protheroe
when he detained the Americail fishing schooners Hero and Pilgrim?
Answer. Yes.
Q. Relate the particulars respecting their detention.?
A. I first saw the Pilgrim about two miles from the land, fishing; made
the best of our way to close her, and boarded her, having live fish on her
deck. Mr. Protheroe asked them what business they had to fish in our
waters?  They replied they thought it was not in our waters. Mr. Protheroe then said, I shall detain you and take you to St. John's. I was
directed by Mr. Protheroe to take charge of the Pilgrim, with another seaman, and to follow him. I afterwards observed the, tender board anotheri
schooner, which proved to be the Hero.
Q. What distance was the Hero from the land when Mr. Protheroe
boarded her?
A. About two.miles.
Q. State what followed after leaving the Maanan.
A. We anchored at Beaver harbor with the Hero and tender, and afterwards proceeded the same day and anchored in Mason's bay. Late one
evening Mr. Protheroe sent us our evening's grog, and having the middle watch, I went below and laid down on the lockers to sleep. In. the
middle of the night I was awoke by the motion of the vessel, and endeavored to get on deck but could not, as the companion hatch was secured
down agains~t me. I then forced it open, and went on deck and found the
vessel under weigh, in the possession of the Americans. The seaman with
me refusing his assistance I was obliged to submit, and was forcibly carried
to Lubec, where they allowed me to go on shore. From thence I made
the best of my way to St. John's, and rejoined the Dotterel.
Q. Did you at any time hear Mr. Protheroe make use of any abusive
language to the Americans?
A. No.
Q. Did you hear or know that Mr. Protheroe at any time compelled the
Americans to assist in working the vessel?
A. No; but they did assist with their own free will.
JOHm  DONOVAN, seaman, examined:
Question. Were you in the Dotterel's tender with Mr. Protheroe when
he detained the American schlooners Hero and Pilgrim?
Answer. Yes.
Q. Relate all the particulars you know relative to their detention.
A. We fell in with the Pilgrim while running into the Manan. I think
she was about a mile and a half from the land. Saw them hauling up fish,
and on boarding her found live fish on her deck. Mr. Protheroe said he
should detain her for fishing in our waters. He sent two men on board to
take charge. We then made sail for another schooner, which proved to be
the Hero.  When we boarded her she was about a mile and a half fitom the
land, with lines overboard fishing, and had live fish in the hold. Mr.




[ 1oo                              36
Protuheroe asked them what they liad been doing close in shore with the
sails down.  A man named Winslow said they had been cleaning fish on
sho'e.. I -w vas sent on board the Hero with another man to take charge
and to follow the tender and Pilgrim, which we did, anchoring each night
until our arrival in Mason's bay, at which place the Pilgrim  made her
escape in the night.  We afterwards proceeded, anchoring each night till we
arrived at St. John's.
Q. W;hat quantity of wood and water had thle Hero on board?
A. Two casks of water and some wood; the quantity I cannot say.
Q. Didl you at any time hear Mr. Protheroe make use of albusive language to the Americans?
A. No, I did not.
Q. Did Mr. Protheroe compel any Americans to wtorkl?
A  Nio, not to my knowiedige, but they continued assisting the working
of the vessel with tlheir own free will.
THOMAS CASSA)Y, seamran, examineed
Question.  Were you in the Dotterel s tendler wvith Mr. Protheroe wvhen
he detained the American schooners Hero aincd  ilcrrim?
A. Yes.
Q. Relate the particulars.
A. We weire running in for the Manan and boarded the Pilgrim, American schooner, about a mile or' a. mile and a quarter from the land, fishing.
Mr. Protheroe askelt what business they had fishing there, as they were
within three miiles of the land. The answrer was they did not knowv they
were within the Iilts.  \Mr. Protheroe detained her aend pit two men on
board to take charge, an d we proceeded to boa rd another schooner which
proved to be the Hero, about two miles from the land.
Q. Did you hear ir. Protheroe ask the master of t:-e Hereo if he coiud
assign any reason:l for beinrg so near the ]larnd xith her sails down?
A. Yes, but did 110not har the reply.
Q. What becamne of the Hiero?
A. Mr. Protheroe sent two men on board her to take charge, and we
proceeded to Mason's bay, anlchoring each night in the tender, with the
Hero and Pilgriln in company, at which place the Pilgrim made her escape
in the nighit; afterwards we proceede(l to St. John's in the tend(er, with the
Hereo, where she was delivered over to the customs.
Q. Did you at any time hear Mr. Protheroe use any abusive language to
the Americans?
A. I did not.
Q. Did Mr. Protheroe compel the Americans in the tender to work?
A. No, he did not; but they sometimes voluntarily assisted;in working
the tender.
Q. Did you at any time know  Mr. Protheroe to put the Americans on
one meal a day, or know them to fare worse than the tender's crew?
A. No, we all messed alike, having the allowance of the British navy,
excepting spirits for part of the time, which was all used, and I know Mr.
Protheroe to have frequently given them rum from his own private stock.




37                          [ 100 ]
THoTMAs RuSSELL, seaman, examinedl:
Question. Were you in the Dotterel's tender with Mr. Protheroe wthen
he detained the American schooners Hero and Pilgrim?
AInswer. Yes.
Q. Relate all the particulars.
A. In running from Grand Passage to Grand Manan observed two schooners lying at anchor, one of which got under weigh and stood in shore. We
made the best of our way to close her. I observed her with lines ol erboard
fishing.   We then boarded her, which proved to be the Pilgrim, American
fishing schooner.  She had at the time live fish on her deck.  MNTr. Protheroe detained her and put two hands on board to take charge, she then
being within a mile of tihe shore.  Observed another schooner mnake sail tromn
in shore from the northward; stood for her, fired, brought to and boarded
the American fishing schooner Hero.  Mr. Protheroe then asked the master
what they had been doing in shore, a man named Wilson said, "we have
been on shore cleaning fish."  Mr. Protheroe detained her.  On our way
to St. John's anchored under th;e Eastern -WVolves; as we were going in obseerved two schooners about a mile aft of us; Mr. Protheroe ilailed the Pilgrim for the boat, which was brought to us in the tender by a boy who
rAequtesited Mr. Protheroe to be allowed to pull h-im  on board the aforesaid
sch,6ooners   M r. Protheroe wiith a mnan and the boy proceeded to b0oard these
essels.  \We then wit.l the Hero and Pil;rim proceeded bor St. John's,
unClinurring each, night ti1l we arrived at Mason's bay whuen lhe Pilgrim
f( ted her escape during the nlight,; afterwards we proceeded in the teniliero, ilero in company, to St John's, when the hero was delivered up t'o the
-ua stomin-house.
Q. Did you at any tirme hear VtMr. P rothero(e mn-ake  ise of abusive 1lan guage
i the Americans 
A.. No.
Q. Did you at any tirme hear Mr. iPro'2 i eoe threaten to ill. use oi inalt recit the AVmeericans on boaiLrd the tende'?i.;., No,  r did not.. Did r. Prioti'oe compel thre A    nmereicans  to work in the tenider?
A.. -No, hbut they 1did somelimes   assist vo1.tar i1.i. Did you at any time Lknow vimr. Protheroe to put the Amnericans on
one meal a dlay, or know them to fitre wviorse than the tender's crew?
A. No, Mr. Protheroe never interfered about the prisoners, and we all
ime.essed alike, hiavin g the established allowance of the British navy, excepting s.pi-its for part of the time, which had been an used, and I know M1.
Protlheroe to Iave frequ'entlly given them rum fFrorm his own private stock.
SA uirUEL GOODANEW, marine, examined:
Question. Were you in the Dotterel's tender with Mr. Protheroe when
he detained the American schooners Hero and Pilgrim?
Answer. Yes.
Q. Relate all the particulars respecting that detention.
A. In standing over from Grand Passage to Grand Menan, observed two
schooners at anchor, one of which got under weigh and stood in shore;
ma de the best of our way and boarded the Pilgrim about two miles from




[ 10 ]                          38
the land to the best of my judgment. I did not go on board her, but she
was detained by Mr. Protheroe and two hands put on board to take charge.
We then made sail and boarded the Hero, then about a mile and a half
from the shore. Mr. Protheroe inquired what they had been doing in
shore with their sails down; a mian by the name of Wilson said they had
been on shore cleaning their fish. Mr. Protheroe detained her and put two
hands on board to take charge. Proceeded, anchoring each night, to the
Eastern Wolves; in going in observed two schooners about two miles from
us; took the Pilgrim's small boat and boarded them. Mr. Protheroe, myself and the American boy who brought on board the boat, who was allowed
to go by his own request. We then proceeded to Mason's bay, anchoring
each night, with the Hero and Pilgrim in company, at which place the
Pilgrinm got away during the night. We afterwards proceeded to St. John's
with the Hero in company, which vessel was delivered to the custom-house
at that place.
Q. Did you at any time hear iMr, Protheroe make use of any abusive
language to the Americans?
A. No, I did not. I must have heard it had it taken place, as I never
left the tenGd r.
Q. Did W:'I. Protheroe compel the Americans in the tender to work?
A. No, they sometimes assisted with their own account.
Q. Did you at any time hear ~Mr. Protheroe threaten to ill use or maltreat the Americans on board the teniie?
A. No, I did not; but must have hrrlld it had it happened.
Q. Did you at any time know Mr. Protheroe to put the Americans on
one meal a-day, or to fare worse than hie lender's crew?
A. No, we messed all alike, havi:  the established allowance of the
British navy excepting' spirits, which'-e drank dluring the bad weather. IL
know Mr. Protheroe to have given thei l spirits from his own stock.  I  w as
the person who attended Mr. Prothllerois, and gave the spirits -to therm myself by his direction.
JoHN WAKE, maarine, exanined:
Question. Were you in the Dottereils tender  when Mr. Protheroe detained the American schooners Hero and Pilgrim?
Answer. Yes, I was.
Q. Relate all the particulars respecting their detention.
A. In running from Grandl Passage to the Grand Manan observed two
schooners lying at anchor, one of which got under weigh and stood in shore,
which vessel was chased; observed her fishing and hauling live fish in;
boarded her, which proved to be the American schooner Pilgrim. She had
at the time live fish on her deck. Mr. Protheroe detained her and put on
board two hands to take charge of her, she then being about two miles from
the shore to the best of my judgment. We then chased another schooner,
which had made sail from in shore; boarded her, then about a mile and a
half from the land; proved to be the Hero, American fishing schooner. Mr.
Protheroe asked them what they were doing in shore: a man by the name
of Wilson said they had been on shore cleaning their fish. Mr. Protheroe
detained her and put two hands on board in charge of her. We then proceeded with the schooner to Mason's bay, anchoring each night, when the




39                        [ 100 ]
Pilgrim made her escape in the night; we then proceeded to St. John's in
the tender with the Hero in company, at which place she was delivered
over to the custom-house.
Q. Did you at any time hear Mr. Protheroe make use of any abusive
language to the Americans on board the tender?
A. No, I did not.
Q. Did Mr. Protheroe compel the Americans in the tender to work?
A. No, he did not; they helped to work the tender by their own accord.
Q. Did you know Mr. Protheroe ill use or maltreat the Americans on
board the tender?
A. No.
Q. Did you know him to put the Americans on one meal a-day, or fare
worse than the tender's crew?
A. No, they eat and drank with us: we had the established allowance
of the British navy, except spirits part of the time, which had been used
during the bad weather. I recollect once Mr. Protheroe giving them a part
from his own private stock.
JOHN COLE, seaman, examined:
Question. Were you in the Dotterel's tender with Mr. Protheroe when
he detained the American schooners Hero and Pilgrim?
A. Yes.
Q. Relate all the particulars you know respecting their detention.
A. When running from Grand Passage to tile Grand Manan, observed a
schooner about two miles from the land, fishing. We boarded her, which
proved to be the Pilgrim, American fishing schooner. I saw live fish on
her deck. Mr. Protheroe detained her, and put two hands on board to take
charge of her: we then made sail and boarded another schooner, the Hero.
Mr. Protheroe detained her also.
Q. Do you know what Mr. Protheroe detained her for?
A. No, I do not; I did not hear any questions put, as I was getting my
clothes to go on board the Hero. We then made sail, in company with the
tender and Pilgrim, and proceeded to Mason's bay, at which place the Pilgrim effected her escape during the night. We afterwards went to St.
John's with the tender and Hero in company, at which place the Hero
was delivered over to the custom-house.
We, the undersigned, have examined the aforesaid persons belongin g to
his Majesty's sloop Dotterel, taking the minutes of their depositions respecting the detention of the American fishing schooners Hero and Pilgrim; and we do declare that their evidence has been taken in a very impartial manner, and the persons aforesaid have not been biassed in any way
whatever.
JOHN  COOKE,
Senior Lieut. H.  lI. Sloop Dotterel.
RICHARD HOARE,
Commander.




[ 100]                           40
Evidence of Mr. Towneau, midshipmnan, and the crew of the yawl boat
belonging to her majesty's sloop Dotterel, relative to the detention oJ the
4;qmerican,fishi7g schooners Reindeer and Ruby.
M5r. TOWNEtUv examined:
Question. Was you in the yawl with Mr. Jones when he detaine l the
American. schooners Reindeer and Ruby?
Answer. Yes.
Q. Relate all the particulars relative to that detention.
A. I recollect while in Gull cove of having received information on a
Sun'day from some men and a Mr. Franklin, that several American fishing
vessels were at anchor in W1hite Head harbor, and that they anchored
there the evening before; that on their anchoring one of them fired three
muskets and said they were armed and manned, and would oppose our
boarding them.  I acquainted Mr. Jones with the information I had received, who went immediately in the small boat to cruize, anti returned in
the evening.  He told me that he had boarded an English fishing schooner
([industry) near White Head, who gave him information that several American schooners were at anchor at Two Island harbor, and that they got
their wood and water at White Head. They fired several muskets on their
anchoring, and told the crew of the Industry they would not allow a manof-war's boat to board them, and after they completed their wood and
-7,ater they shifted to Two Island harbor. We got the yawl under weigh
about nine o'clock in the evening, and went towards Two Island Ilarbor,
and anchored about two o'clock in the morning.  At daylight we observedl
several vessels at anchor at Two Island harbor and shortly aifter got
under Nweigh, when we chased them; observed three of them lashed together, andl all the crews collected on board the middle one. We, ciadered
them to separate, which at first they refused to d{o, until Mr. Jones 1hreatened to fire on them; they dropped clear of each other. We boardled them.
and detained the American schooners Reindeer and Ruby. iMr. Jones asked
the master of the other two American shallops if they were wvillilng to take
the crews of the Reindeer and Ruby on board for a passage horme; they
answered they were -willing to do so. Mr. Jones gave them as iiluch provisions as they cl'ose to take and put them  on boardl, ith the exception
of the masters. About eight o'clock we made sail, Ilr. Jones in the Rein1eer and imyself in the Ruby, for St. Andrews. While beating  up througl,
East Quaddy, about six p. in. when abreast of the Harbor (de Lute, observed two schooners coming down towards us full of" armed men and
wearing Aamerican colors, one of them making towards me and the other
to;Mr. Jones.  The one abreast of me ran alongside and boarded with
about forty-five men with pistols, swords and muskets, and fixed bayonets.'When they got on board they took possession of the Ruby and took the
arns from my crew.  One of the men with his musket and fixed bayonet
made a thrust at one of my men named James Lloyd (marine) but Mr.
HEoward, leader of their party, parried the thrust off.  The man again attempted to knock the marine downi with the but-end of his muskelt;, Nwhich
lMr. HIoward again parried off and ordered him not to use violence against
any of my men. As he had got possession of the vessel, and which was
all they wanted, they then'fired off all their muskets and pistols which
were loaded. I observed the other schooner fire off muskets likewise.
Then I asked for the arms of my crew, which they gave me; we then




41[ loo ]
shoved off and left them.  After we had left and rejoined the yawl, they
fired several volleys of musketry on board both schooners all the way to
Eastport.
Q. What quantity of wood and water had the Ruby on board?
A. There -were two casks with water on deck, but cannot say whether
there was any below, nor can I say what quantity of -.wood there was on
board.
Q. How was the wind?
A. A modera te breeze from the n-orth-west.
Q. How was the wTeather?
A. Fine clear weather till we had possession of the schooners, and" then
it came on fogg'y and cleared off aacain in the afternoon.
Tio_!As RICLARDxiSON, Se am n, examined.
Question. Were you in the yawl with iMr. Jones when he detained the
American schooners Reindleer and 11uby?
Answer. Yes.
Q. Relate what you know respecting their detention.
A. I remem-tbero;g  1  te small boa-t with Mr. Jones; after pullincg
solme tim ee re lahunched the boat over a bar about  half a mile broad, between
two islands, and afterwTardws we boarded ain English fishinp schnooner.  The
crew informed' us that the schooners at anchor off' Two island harbor were
American fishing vessels, and had the night belore fired two guns and defied
any man-of-wars' boat boarding them, atnd advised us not to attemipt t6
board them in the smalnl boat we were then in; Nwe then returned to Gull.
cove that night;vith the whole of the crew  in the yawl, and pulled
lduring the whole of that night, and at (lay break we were within three
miles from four sehooners at anchor a little more than a mile from the shore;
we observed them  oglt under weigh, and three of them lashed alongside
each other.  Mr. Jones then desired them to separate, which they did not
ido for some thine, w hein Mr. Jones threatened to fire on them; they then
separated and dropped astern of each other andl anchored. We then boarded
thetm and took possession of the Reindeer and Ruby, and the crews, as I
understood with thbeir own contsent, w-ent on board of two other -vessels.
We then got the Reindeer and Ruby under weigh and made sail for St.
Andrews; when in East Quaddy two schooners came towards us, fired a
gun and hoisted American colors; observed one of the schooners take possession of the Ruby, and the other came close to us and dlesired us to heave
to. I was at the helm when they fired at us, and the shot came close to me
and' Mir. Jones; there was but one musket on board of us, which Payne, a
mnarine, wanteda to fire, but Mr. Jones desired him not; I observe'd the
American schooner's deck full of armed men  with muskets, pistols anti carbines. After they had fired at us Mr. Jones gave up the papers to the
master of the Reindeer who held them up in his hand to the Americans and
desired them not to fire, as he had possession of the vessel. We then went
in the yawl for St. Andrews; some of the Americans would insist on taking
the yawl with them; I observed them fire volleys of muskets till after they
had anchored the Reindeer and Ruby at Eastport.
Q. How was the weather when Mr. Jones detained the Reindeer and
Ruby?




[1~00]                          42
A. It was clear weather till after they were detained, then it became
foggy.
Q. Do you know what quantity of wood and water the Reindeer had
on board?
A. The quantity I cannot recollect, but we used from both.
JAMES LLOYD, marine, examined.
Q. Were you in the yawl with Mr. Jones when he detained the American schooners Reindeer and Ruby.
A. Yes.
Q. Relate the particulars respecting the detention.
A. I remember a man at Gull cove giving information of some schooners, (Amnerican,) the particulars I do not know. We got under weigh
that evening in the yawl and pulled all night; after daylight we got
close to four schooners, and observed three of them  lashed alongside
of each other, and the crews of these vessels on board the larger one.
Mr. Jones ordered them  to separate several times, and at length he
said he would fire into them; they were very abusive to us; after a considerable time they separated, and we boarded them. Mr. Jones then
sent me below to see if there were any fire-arms on board the Reindeer; I found a musket with a double charge and primed, and two
powder horns full of powder, and about twelve or fourteen pistol balls.
Mr. Jones obtained two of them with the consent of the master of the
other two vessels and the crew of the two detained. They were allowed to
go on board, and take what provisions they pleased; the masters of the vessels came on board and took green fish, pork, tea, butter, molasses, flour
and bread. I was sent with Mr. Towneau on board one of them, and got
under weigh in company of the one Mr. Jones was on board of, and in the
afternoon of the same day, while beating up to St. Andrews abreast of
Campo Bello, I observed three schooners and two boats; one of the schooners went towards Mr. Jones and fired several muskets; went below to get
my dinner, when Mr. Towneau called us up to our arms, and asked me if
my musket was loaded. I told him it was and primed; he told me he
thought they were American armed vessels coming to take us; I then asked
Mr. Towneau if I should fire, he said not until he gave me the orders.
They came nearly alongside us, and ordered us to heave to; they presented their muskets with fixed bayonets at us, and said-damn your eyes, if
you don't heave to, we will fire into you. They sung out to the man at
the helm if he did not put the helm down and lower the peak they would
shoot them dead on the spot. They then came alongside and boarded us;
I think about forty men in number, all with muskets and fixed bayonets except one, for our deck was full of armed men. They told me to deliver up my
arms or they would run me through; damn your eyes, said one; and
another said I will blow your brains out. I replied, I am a king's
man and will not deliver up my arms; their leader drew his sword
and had a brace of pistols; desired the Americans not to trust any of'
us. At that time a man made a thrust at me with fixed bayonet which
their leader parried off; the same man again made a blow at me with the
but-end of his musket, which their leader again parried off; then their
leader told me that I had better give up my arms and he would be answerable for them, which I did; about this time they fired volleys of musketry.




43                        [ 100 ]
We then went on board of our boat, and observed them continue to fire as
they were returning to Eastport.
Q. What kind of weather was it when Mr. Jones detained the Reindeer
an d Ruby?
A. Fine weather with a light breeze, but came foggy after.
Q. Do you know what quantity of wood and water was in the schooner
you were on board of?
A. Two casks and a half of water and about a cord of wood.
JoHuN CAMISH, seaman, examined:
Question. Were you in the yawl with Mr. Jones when he detained the
American schooners Reindeer and Ruby?
Answer. I was.
Q. Relate the particulars.
A. I recollect Mr. Jones going out from Gull cove in the small boat and
returning the same evening. I heard hiin say that he had information of some
American schooners. We were ordered to get our things in the yawl from
the tent, and went out that evening. We pulled the greater part of the
night and anchored for about an hour and a half. At daylight observed
five vessels lying at anchor; when they saw us they got under weigh, when
we came near them, one of the vessels dropped her anchor and two others
lashed alongside her, and the crews of these vessels went on board the centre one with their fish spears. Mr. Jones desired them to separate, which
they didt not do for a considerable time, until Mr. Jones threatened several
times to fire into them; they separated and we boarded the Reindeer, where
I remained. Mr. Jones detained her and another vessel. By the wish of
the crew of these vessels and by the consent of the masters of the other two
v-essels, they were put on board with as much provisions as they wished~
The masters of the two vessels not detained came on board us in their own
boats and took the crews with as much provision as they chose on board.
We then got under weigh the Reindeer for St. Andrews, the Ruby in company. In the afternoon of the same day observed two armed vessels; one
of them came towards us, gave three cheers, and hoisted American colors;
they called to us to heave to, and threatened to fire into us. Her decks
were full of armed men with muskets and fixed bayonets. There was also
in company a large armed boat. The schooner fired two musket balls
across our decks, and then Mr. Jones gave up the papers to the master of
the Reindeer, who held them up in his hand and called to the Americans
not to fire, as he had possession of the vessel. The American schooner was
then about half pistol shot from us. We were then ordered into the yawl
by Mr. Jones and observed them, in going to Eastport, fire volleys of musketryv.
Q. What quantity of wood and water had the Reindeer?
A. Three barrels of water and a great deal of wood.
Q. What weather was it when the vessels were detained?
A. Fine weather and light winds from north and west.




[100]                           44
RiCHARD NEWLAND, seaman, examined.
Question. Were you in the yawl with MAr. Jones when he detainedt the
American schooners Reindeei and Ruby?
A. Yes, I was.
Q. Relate the particulars.
A. I recollect a man coming to Mr. Jones at the tent at Gull cove, andt
informing him that some American fishing schooners had come into an anchorage not far from us, and fired their muskets, and said they would not
allow any man-of-war's boat to board them; they got their wood and
water there, anrl got under weigh and ran to Two Island llabor, laid there
(ue day and at night. I was left on shore in the tent, and remnember Mr.
Jones going out in a small boat, with four hands, and returned the same
afternoon. We got iunder weigh that evening in the yawl, and stood for
Two Island harbor. The next morning we fell in with four American
schooners and two English. When I first saw them they were at anchor
about half a mile from the land, in Two Island harbor. After they sawus, they got under weigh. On our chasing them we fired to brinog them to,
but instead of complying three of them run alongside each other and lashed
together.  When we came close to them Mr. Jones desired them to separate and bring up. They refused to do so, and would not alloa-v us to
Board, until Mr. Jones repeatedly threatened to fire into therm'  theydropped clear of each other. We then boarded the Reindeer, alc Mr.
Jones asked what they were doing there. They said they calme in!to land
their gurry and offal of the fish, and get wood and water. Mr. Jones told
them they had time enough to get their wood and water at White Head.
Mr. Jones detained the Reindeer, and then boardeil the Ruby, wvhich yessel he detained also; and I was sent below in the Ruby to search for armis;
found none; but found a frying pan full of hot lead and a. spoon in it, alad
some musket balls quite warm. I asked the master of the RPuby where his
arms were. He said he had none, except a fowling-piee. i trhen asked(
him where it was. His reply was, he could not say, unless his bloy hacd
lost it, or stowed it away in the salt-room.  When I asked their reaseon for
lashing together, and running the musket balls, they said they inte.aded to
keep us off with their five-and-thirty men anlld eight muskets' they wVould
have easily done so. I then asked them wlhelre theeir eight mnuskets were.
They answered they had eight muskets. The masters of the two schooners
which were not detained came on board the Ruby, and took her crew with
their clothes, and as much provisions as they wished for a passage to their
home, by their own wish and sanction of Mr. Jones.  Afterwards -we got
under weigh in the Reindeer and Ruby, for St. Andrews, and the saime afternoon between Indian island and Campo Bello two schooners came towards
us full of armed men. The one abreast of the Ruby gave three cheers,
and hoisted American colors, bore down and ordered us to heave to, which
we refused doing, till they threatened to fire into us. They carle alongside and boarded, with muskets and fixed bayonets, cutlasses and pistols.
I do not know the number of men, but our decks were full. They took
our arms from us and discharged their own. We then were ordered into
our boat, and I observed them firing volleys of musketry going in, and after
they had anchored at Eastport.
Q. Did you search the salt-room of the Ruby for arms?
A. No, I had not time.




45                           100 ]
Q. How was the weather when the Reindeer and Ruby were detained?
A. Fine clear weather with a little breeze, but came on foggy afterwards
for two hours.
A. How was the*wind?
A. I cannot recollect.
WIILIAM VICOKERY, marine, examined:
Question. Were you in the yawl with Mr. Jones when he detained the
American schooners Reindeer and Ruby?
A. Yes.
Q. Relate all the particulars you know respecting their detention?
A. I recollect going out in the small boat from Gull cove with Mr.
Jones, and after pulling for a short time we launched the boat over a bar
between two islands and boarded an English fishing schooner; the crew informed us that two American schooners had anchored the night before not
far from where we laid, and that they fired their muskets and defied any
man-of-war's boat to board them. The crew of the English schooner told
us that we had better be well armed, as the Americans were prepared'for
us; we returned to Gull cove and in the evening went out with all the crew
in the ya.s-l; we pulled till about four o'clock in the morning; at daylight
observed some schooners at anchor which vessels shortly after got under
weigh, and as we went down towards them I fired by the direction of Mr.
Jones to bring therm to; as we closed the vessels, three of them lashed
alongcside each other, and put their crews on board the middle one. Mr.
Jones desired them to cast off from each other, which they refused to do
for so-;me time, till he threatened to fire into them, when they separated and
we boarded the Reindeer, and Lloyd, a marine, was sent down to search
f:br arms; he found one musket loaded. Mr. Jones asked the master where
the arms were that he saw; he said he had none. Mr. Jones then detained
the Reindeer and Ruby,' and by the wish of the crews of these vessels, with
the exception of the masters, they were put on board the other two Americans not detained, with consent of the masters, taking with them as much
provisions as they chose. We then got under weigh in the Reindeer, with
the Ruby in company. In the afternoon of the same day when abreast of
Campno Bello I saw two schooners, one of which came towards us, fired a
gun and hoisted American colors and ordered us to heave to, which we
reftsed to do, and after we tacked they fired across our deck; after this
Mr. Jones delivered up the papers to the master of the Reindeer, who held
therm up to the Americans and desired them not to fire. We were then
ordered by Mr. Jones into the yawl, and I observed them fire several muskets at a time and the balls falling into the water as they were going into
Eastport.
Q. What arms had the Americans?
I. ] observed some men with cross belts, bright muskets and fixed
bayonets, others with muskets, swords and pistols.
Q. What quantity of wood and water had the Reindeer on board?
A. A cask full below, some on deck, and plenty of wood.
Q. How was the weather when the Reindeer and Ruby were detained?
A. Fine weather with fine breezes.
Q. How was the wind?




100]                           46
A. I do not recollect.
Q. Did you search the salt-room on board the Reindeer for arms?
A. No, I did not.
JOHN LLOYD, seaman, examined:
Question. Were you in the yawl with Mr. Jones when he detained the
American schooners Reindeer and Ruby?
Answer. Yes.
Q. Relate the particulars.
A. I went out with Mr. Jones from Gull cove in a small boat, and after
pulling for some time, we launched the boat over a bar about a quarter of
a mile broad, between two islands, and boarded an English schooner, (Industry, of Grand Manan,) and I heard the master inform Mr. Jones that
some American fishing schooners had been in there on the last Saturday
and discharged three guns, and that several were now lying in a bay further on, when Mr. Jones proposed to go after them in the small boat; but
the master of the Industry advised not to do so, as they were well manned.
We returned to Gull cove the same day, and in the evening went out with
all the arms in the yawl, and at daylight next morning observed five
schooners getting under weigh. We ran down to them and fired. Observed
three of them made fast to each other; the largest of them in the middle,
with the crews collected on board of her. Mr. Jones ordered them to
separate, which they hesitated to do for some time, and they appeared to
be consulting together. After Mr. Jones threatened to fire into them they
separated. We boarded two of them, the Reindeer and Ruby, and the
crews of these vessels, with the exception of the masters, went on board
the two schooners not detained, with as much provisions as they pleased.
After this we got under weigh in the Ruby and Reindeer in company for
St. Andrews. On the afternoon of the same day, when abreast of harbor
IDe Lute, observed two schooners coming (town from Eastport full of men.
One of them came towards us, and all hands hailing us to heave to or they
would fire into us; they ran alongside and boarded us, with about thirty or
forty men, with muskets and ba} onets. As they were shearing up alongside, some of them sang out to fire at the officers, and fire at the man at
the helm. They had their muskets levelled at us, when their leader (a
young man) came among theni and said, " don't fire at all," and parried
their muskets off. They took our arms from us and drove us forward. I
saw a scuffle between James Lloyd, a marine, and one of the Americans
who wanted to take his arms from him. Mr. Towneau told us to get into
our boat; and I observed them firing volleys of musketry and cheering on
their way to Eastport. Also observed firing on shore at Eastport.
Q. What quantity of wood and water had the Ruby on board when
detained?
A. Two or three casks, with plenty of wood.
Q. How was the weather?
A. Very fine, with light breezes.




47                          100 ]
WILLIAM PAYNE, marine, examined:
Question. Were you in the yawl with Mr. Jones when he detained the
American schooners Reindeer and Ruby?
Answer. Yes, I alas.
Q. Relate all the particulars respecting her detention.
A. I recollect one Sunday going out from Gull cove with Mr. Jones in
the small boat, and after pulling for some time hauled the boat over a bar;
shortly after boarded an English fishing schooner belonging to Grand
Manan. The crew gave us information that some American schooners
anchored there on Saturday night, fired their guns and said that they did
not care for any man-of-war's boat whatever, as they were as well armed
as the men-of-war's boats. i saw the schooners at Two-Island harbor at
anchor when on board the Industry, and her crew said we had better not
go to them in the small boat, that it was their determination to kill us.
We then returned to Gull cove, and in the evening of the same day got
under weigh in the yawl with all the crew and proceeded to Two-Island
harbor. About daylight next morning observed them get under weigh;
we chased them  and fired to bring them  to. I then saw them closing
together, and three of them lashed alongside each other; we ordered them
to separate, which they seemed not willing to do. Mr. Jones threatened
to fire into them; we had our muskets (two in number) pointed to the vessel; after being threatened several times Mr. Jones asked two of them, the
Reindeer and Ruby, what brought them there; their answer was that they
came for wood and water. Mr. Jones then said, when you had got it what
was your reason for not going away; their reply was, the breeze was so
light they could not get out. The crews of their vessels, with the exception of the masters, by their own request went on board the two schooners
not detained, and were allowed to take what quantity of provisions they
thought proper. I then went below with Thomas Richardson to search for
arms by the direction of Mr. Jones; found a loaded musket in the cabin.
Mr. Jones asked the master what become of their arms; he said they were
below; we then went again below for the same purpose. Mr. Jones again
asked the master of the Reindeer what became of the arms; his answer
was that they must have been hove overboard; he said, we had got them
yesterday killing ducks. Shortly after we got the Reindeer and Ruby
under weigh, and proceeded for St. Andrew's in the afternoon of the same
day. When abreast of Campo Bello saw a schooner coming down and
run close alongside the Ruby; hoisted American colors; observed another
standing towards us in the Reindeor; they gave three cheers, hoisted
American colors and hailed us to drop the peak of the main-sail. The
master of the Reindeer said to us you had better not fire on them, as they
trill kill every man of you, and he ran below. They came near us and
Mr. Jones said, come alongside us, which they were willing to do. I had
my musket ready to fire and asked Mr. Jones if I should do so; to which he
objected, and said let them come alongside first; they then fired and a ball
passed close to us. Mr. Jones gave the papers up to the master of the
Reindeer, who held them up to those on board the American schooner, desired them not to fire, and said that we would quit the vessel as soon as
possible. We then got into the yawl and observed them firing different
times going into Eastport.
Q. When the schooner with American colors flying came close, did you
observe the crew armed?




[       1o]                      48
A. Yes, they were, and her deck full of' men armed with muskets and
fixed bayonets, carbines, blunderbusses, pistols and swords.
Q. How was the weather when the Reindeer and the Ruby were detained?
A. Fine weather and a fine breeze.
Q. What quantity of wood and water had tile Reindeer on board?
A. Two casks of water on deck, and plenty of wood.
Q. Did you search the salt-room and the hold for arms?
4. No; I did not search the salt-room aft, but dil forward.
JOHN CHASE, seaman, examined:
Question. Were you with Mr. Jones in the yawl when he detained the
Anerican schooners Reindeer and Ruby?
Answer. No, I wa:s not; I wras one of his boat's crew, but was left behind at St. Andrews.
We, the undersigned, have examined the aforesaid persons belonging to
her Majesty's sloop Dotterel, taking the minutes of these depositions respecting the detention of the American fishing schooners Reindeer and
Ruiby; and we do declare that their evidence has been taken in a very impartial manner, and that the persons aforesaid have not been biassed in any
way -whateverl.
JOHN  COOK, Senior.Lieutenant
JAMES HAZZARD, Purser.
RI./CHARD HOA[rE,
Commander of her Mfajesty's Sloop -Dotterel.
Evidence of rf. Towneau, midshipman, and the crew of the.yawl-boat
belonging to his JiMajesty's sloop Dotterel, relative to the detention of the.:i2merican schooner Rebecca.
Mr. ToWNEAU, midshipman, examined:
Question. Were you in the yawl when Mr. Jones detained the American'schooner Rebeccaa?
iAnswer. Yes.
Q. Do you know Mr. Jones's reason for detaining her?
A. Mr. Jones went down to board an English schooner, and one of the
men who was on board, by the name of Wright, as pilot, belonging to an
American sc-hooner, told Mr. Jones that his vessel camne in for wood and
water; at which Mr. Jones appeared to be satisfied, and on leaving the
schooner saw the American schooner getting under weigh; ran down and
fired several shots across her bows to bring her to; she not heaving to,
chased her across the Bay of Fundy. About eight p. m. of the same day
lost sight of her.  Some days afterwards observed the same schooner at
anchor near Gull cove, cleaning fish and heaving the gurry overboard.'Mr. Jones detained her, and she was subsequently taken to St. John's.




49                        [100 ]
Q. How was the weather?
A. Perfectly clear and fine weather, with a moderate breeze.
Q. Was it fair wind to'the fishing ground?
A. Yes; we sailed in that direction.
THOMAS RIcHARDSON, examined 
Question. Do you remember the circumstances relative to the detention
of the American schooner Rebecca?
Answer. Yes.
Q. Relate all you know about her.
A. When we first intended to board her she made sail from us; we then
chased her over to the Nova Scotia shore, where we lost sighl of her about
eleven p. m. About three or four days after we again saw her at the
Grand Manan, lying about a mile from the shore, cleaning fish, throwing
the garry overboard. Mr. Jones then detained her and carried her to St.
John's.
Q. Where was she lying?
A. In some harbor at the Manan, but cannot recollect the name.
Q. What quantity of wood and water do you think she had on board?
A. About three or four forty-gallon casks, and about two cords of wood.
Q. How was the weather when you boarded her?
A. Fine weather and clear, with a moderate breeze.
Q. Do you know whether the Mwind was fair for the fishing grounds?
A. Yes; the wind was fair.
FELIX SHAw, private marine, examined:
Question. Were you in the yawl with Mr. Jones when he detained the
American schooner Rebecca?
Answer. Yes.
Q. Relate what you know about her.
A. She came to anchor with another schooner in a small harbor in the
Grand Manan. While we were lying there the foretop-sail schooner got
under weigh, and we boarded her; while on board of her the other weighed
and made sail. We then made sail after her, and chased her across the
Bay of Fundy over to the Nova Scotia shore, where we lost her after dark.
Some days after we saw her again at anchor within a mile of the shore,
near Gull cove, throwing the garry overboarJl. Mr. Jones seized her and
took her to St. John's.
Q. WThat quantity of wood and water had she on board?
A. I do not recollect.
Q. How was the weather when you detained her?
A. The weather was fine and clear, with a light breeze.
Q. Was the wind fair for the fishing ground?
A. I do not know the position of the fishing ground.
roast   -,)




JAMnEs LLOYD, private marine, examined:
Question. Were you in the yawl with Mr. Jones when he seized the
American schooner Rebecca?
Answer. Yes; I wTas.
Q. Relate what you know about the detention of her.
A. While lying at anchor in the harbor, I believe the Grand Manan, I
saw the schooner come in and anchor. While Mr. Jones was boarding
another vessel under English colors, observed the master and two men go
off; to the schooner and immediately get under weigh; when they got
around the point of land lost sight of her.
Q. Where were you when you lost sight of her?
A. On shore, cooking the boat's crew's provisions.
Q. How do you know it was the master who wel)t on board the vessel?
A. The people at the store told me so; and said he had been there frequently and had asked them for water, whioh they had refused him. His
reply was, if he could not have it by fair play, he would be damnedl if he
would not hasve it by foul.
Q. When did you again see the schooner?
A. I never saw her again.
Q. When did you rejoin the yawl?
A. Next morning.
Q. Do you remember the schooner Rebecca being detained?
A. I was put on board a vessel and with the rest of the crew carried her
to St. Johns; I believe her name was Rebecca, but am not certain.
Q. Do you remember when this vessel was detained?
A. I do not exactly recollect, but believe it-to be a week or more after
rejoining the yawl.
Q. What quantity of wood and water had she on board?
A. I believe there was half a hogshead three parts full, and a considerable quantity of wood.
Q. How wTas the weather?
A. Quite fine and clear with moderate breezes.
Q. Do you know the position of the fishing ground?
A.. I do not.
JOHN  CAMMIISl,  seaman, examined,.
Q. Were you in the yawl when, Mr. Jones detained the American schooner Rebecca?
A. Yes.
Q. Relate all you know about her.
A. The first time I saw her she was at anchor in a small harbor in the
Grand Menan, and when we made after her she got under weigh and we
chased her, keeping her in sight till about eleven p. in m., when we lost sight
of her on the Nova Scotia shore.
Q. Did you see her again afterwards?
A. Yes, about three days afterwards.
Q. Relate where she was then and what she was doing?
A. She was lying in a small harbor about four or five miles from Gull
cove, cleaning her fish.




I  fA 3o 
Q. What quantity of wood and water had she on board?
A. She had plenty of both when we detained her.
Q. Do you know the quantity in casks?
A. Two and a half hogsheads.
Q. How was the weather when you boarded her?'?
A. Fine weather with a little breeze.
Q. Do you know how the wind was'?
A. I amr not positive but believe it was fromt the no thwest.
RICHARD NEWLAND, seaman, examined:
Question. Were you in the yawl when Mr. Jones seized the American
schooner Rebecca?
A. Yes, I was.
Q. Relate the circumstances.
A. She came in and anchored while we were lying in the Grand Menan;
when going to board her she got under weigh and made sail; we chased her
across the Bay of Fundy over to the Nova Scotia shore, when we lost sight
of her about 11 p. m. Three days after we again saw her at anchor near
Beal's passage cleaning her fish and heaving the gurry overboard; we boarded her and took her to Gull cove.
Q. What distance was she from the land when she wa.s taken possession
of?
A. About a quarter of a mile.
-Q. Did you hear Mr. Jones ask what they were doing there?
A. Yes, and said they came in for water.
Q. What quantity of wood and water had they on board?
A. About two barrels and a half of water and about a cord. or a cord
and a half of wood.
Q. How was the weather when you boarded her?
A. Fine clear weather with little breezes.
Q. Do you remember if it was a fair wind for the fishing grounld?
A. Yes, it was.
WILLIAM VICKERY, marine, examined:
Question. Were you in the yaw] whe~n Mr. Jones seized the American
schooner Rebecca?
Answer. Yes, I was.
Q. Relate what yoU remember respecting her.
A. On boarding an English schooner at or near Gull cove, we saw another
lying th'ere; while going on board observed another getting under weigh and
made sail; we chased her across the Bay of Fundy and lost sight of her
between nine and ten o'clock p. m.
Q. When did you again see the schooner?
A. About three or four days after at anchor within Gull cove, within
half a mile of the land, cleaning fish. Mr. Jones boarded her and took possession of her.
Q. Did Mr. Jones ask what they were doing there?




100]'         5.
A. Yes, he did, and they said they came Ior wood and water.
Q. What quantity of wood and water had they on board?
A. I believe about a barrel and a half of water and about a cord and a
half of wood.
Q. THow did you kn ow it rwas Ithe Rebecca?
A. I was informed by one of the crew that it was the same vessel which
we chased across the bay and that they would have hove to, but did not
know we were in chase of them, and that the captain said, had he not returned, but made the best of his way home, he should not hlave been taken.
Q. Did you fire at her to bring her to?
A. Yes, I was ordered by 1Mr. Jones to fire across her bows, and I fired
seven times.
Q. How wras the weather when you detained her?
A. Fair weather with a nice breeze.
Q. Do you know if it was a tr winnd to the fishing ground?
A.t No% I do rot.
JOHN LLOYD, seaman, examined 
Question. Were you in the yawl with Mr. Jones when he seized the
American schooner Rebecca 
Answer. Yes, I was.
Q. Relate what you know of the circumstances.
A. When lying in Gull Cove I heard two or three men, who I believe
were fishermen belonging to the island of Grand Menan, say that the
schooner we had chased across the Bay of Fundy two or three days before,
was then at anchor between two islands about a mile and a half round the
point. We boarded her and d(etained her. She was then cleaning fish.
Q. Did you hear Mr. Jones ask what they were doing there?
A. Yes, they said that they came in for wood, water, and to land their
gurry.
Q. What quantity of wood and water had they on board?
A. They had as much wood as would last them for a fortnight, and had
a full cask of water on deck and some below, but cannot say how much,
besides beer.
Q. How was the weather when you detained her?
A. It was fine weather with a moderate breeze.
JOHN (CnEEsE, seaman, examined:
Question. Were you in the yawl when Mr. Jones detained the American
schooner Rebecca?
Answer. Yes, I was.
Q. Relate what you recollect relative to the detention of her.
A. We were lying alongside a wharf in a harbor in the Menan, and
observed two schooners at anchor under the land.  We went out and
boarded an English schooner, on board of which was a man belonging to
the Rebecca, acting as pilot while on board the schooner; got under weigh
and ran across the Bay of Fundy.  We gave chase to her and fired several
shot across her bows to bring her to. At about-half past ten p. m. lost




53                         [ 100 ]
sight of her. On the fourth day afterwards we again fell in with her at
anchor in a narrow passage in the Menan; boarded her and found them
cleaning their fish and throwing the gurry overboard. Mr. Jones asked
what they were doing there; they said they had come in for wood and
water.
Q. What quantity of wood and water had they on board?
A. Two quarter casks full on deck and some in the hold, but don't know
the quantity, and had about a cord and a half of wood.
Q. How was the weather when you detained her?
A. Fine weather and a light breeze.
Q. Do you know if the wind was fair for going to the fishing ground?
A. Yes, it was.
We, the undersigned, have examined the aforesaid persons, belonging to
his Britannic Majesty's sloop Dotterel, taking the minutes of their depositions respecting the detention of the American fishing schooner Rebecca,
and we do declare that their evidence has been taken in a very impartial
manner, and the persons aforesaid have not been biassed in any way whatever.                           JOHN COOKE,
Senior Lieutenant of his lfajesty's sloop Dotterel.
JAMES HAZZARD, Purser.
RICHARD HIOARE, Com7mander.
J/I'a. Brent to aMr. Vau, harn.
DEPARTATENT OF STATE,
Washington, IFebruary 2, 1826.
Sia: I have the honor to refer you to a letter which was written by Mr.
Adams to Mr. Stratford Canning on the eve of his departure from this
country, (the 25th of June, 1823,) enclosing copies of a complaint and protest which had been just received at this department, in reference to the
capture and detention of a fishing vessel belonging to George Moody, of
York, in the State of Maine, by a British gun-brig, called the Argus, and
soliciting the good offices of that gentleman, in the first instance, to obtain
the restitution of the vessel to Mr. Mioody, and in the next, to claim indemnity and reparation due to him and others for the capture and interruption of the vessel in question; and likewise to Mr. Canning's letter in
reply, under date the 1st July following, which states that he would take
an early opportunity of referring the papers to the proper authorities for
the purpose of inquiry and attaining the ends of justice.
To satisfy the inquiries of Mr. Moody as to the result of Mr. Canning's
reference of his case, will you have the goodness, sir, to inform me whether
that result is known to you, or, if it be not, to take the necessary steps for
procuririg a decision upon the case, and to communicate that decision to
this department.
I pray you, six', to accept the assurances of my distinguished consideration.
DANIEL BRENT.
The Right Hon. C1IARLES R. VAUGHAN,
Envoy Extraordinary and Minister
Plenipotentiary from G-rea Britain.




[ 00                            54
Kr. VTaghakn to Mr. Clay.
WASHINGTON, February 5, 1826.
Sip: I nave tile honor to acknowledge the receipt of your note, dated
the 2d inst., calling upon me to enable you to satisfy the inquiries of Mr.
Moody about the result of the reference of his case to the British governmnent, by my predecessor, Mr. Canning, complaining of the capture of a
fishing schooner, his property.
Upon a reference to the archives of this mission, I find that the complaint of Mr. Moody was referred, in the first instance, to the rear admiral
commanding the British naval force at Halifax, and that, subsequently, in
a despatch dated November 15, 1828, a communication from the British
admiralty was transmitted to Mr. Addington, his Majesty's charge d'affaires
at Washington, informing him that the schooner Charles had been regularly condemned in the vice-admiralty court of the Province of New
Brunswick, and that it was not expected that the government of the United States would lend further countenance to the complaints of the owner.
Tue condemnation of this vessel took place upon the grounds of a breach
of the act of the 59th George III, chap. 28, for the protection of the
British fisheries, and which act was passed in conformity with the stipulations of the convention concluded between his Britannic Majesty and the
United States, on the 20th October, 1818.
The circumstances attending this capture are detailed in a note addressed
by Mr. Addington, his Britannic Majesty's charg6 d'affaires, to the minister of the United States having the Department of State, dated the 12th
of October, 1823.  I have the honor to refer you to that despatch, which
contains the documents in explanation of this capture received from the
rear admiral upon the Halifax station, and to request you to accept the assurances of my highest consid(eratorn.
CHAS. R. VAUGHAN.
Jir. Vaughan to Mr. Clay.
WASHINGTON, April 29, 1826.
SIRn: On the 5th October, 1824, Mr. Addington, his Majesty's charge
d'affaires, addressed a note to the government of the United States, in
which he stated that an outrage had been committed by some armed citizens of the State of Maine, in forcibly rescuing, off Eastport, two American
vessels, the Reindeer and Ruby, which had been captured by his Majesty's
cruisers while fishing in the Bay of Fundy, in places where the United
States had by treaty renounced the right so to do.
No answer having been given by the government of the United States
to the remonstrance made by Mr. Addington, I am directed to ask for an
acknowledgment of the impropriety of the conduct of the persons concerned
in the forcible recapture of the above mentioned vessels.
In all complaints which the government of the United States has had
occasion to bring forward against his Majesty's cruisers employed in the
protection of the British fisheries in the Bay of Fundy, the fullest investigation into every case of alleged misconduct has been instituted by the




55[                         E100 ]
British agents, and the reports of the commanding offiicers have been laid
before the American government.  If it has been necessary to call for the
judgment of the colonial tribunals, prompt and impartial justice has been
administered, in proof of which I have only to refer you to the case of the
American ship Charles, which had been legally detained, but having been
illegally employed by her captors after her detention, was restored.
I ask with confidence, on the part of his Majesty's government, for an
acknowledgment of the improper conduct of the persons engaged i4 the
-forcible recapture of the Reindeer and Ruby, as the British government is
disposed to waive all demand for the punishment of the offenders, as the
act resulted apparently from unpremeditated violence.
I request that you will accept the assurances of my highest consideration.
CHASo.. VAUGHAN.
JMr. Bankhead to Yfr. Plorsyth.
WASMIIuNTON,  January, 1836.
The undersigned, his Britannic Majesty's charge d'affaires, has the honor
to transmit to the Secretary of State of the United States the copy of a
letter which he has received from  the Earl of Gosford, his Majesty's governor-in-chief of Canada, enclosing letters from the officers of the customs
-at Quebec and GaspS, in which serious complaints are preferred against
fishermen of the United States, for encroaching on the limits of the British
-fisheries carried on in the river and gulf of St. Lawrence.
These encroachments have occasioned great injury to the British merchants and others engaged in connection with these pursuits, and moreover,
they are entirely at variance with the restrictions imposed by the convention which was concluded in the year 1818, for regulating the fisheries
carried on by the two nations.
The undersigned begs leave to call Mr. Forsyth's attention to the repeated acts of irregularity committed by the fishermen of the United
States, detailed in the letter from the sub-collector of customs of Gaspe,
and he confidently hopes that measures will be taken to prevent their recurrence, and do away with the' possibility of collision taking place on the.spot, which might arise should those fishermen persist in encroaching upon
forbidden ground.
The undersigned avails himself of this opportunity to renew to Mr. For-syth th6 assurance of his most distinguished consideration.
CHARLES BANKHEAD.
The Hon. JoIN FORSYTH, &c., &c., &co
Lord aGosford to 1r. Bankhead.
CASTLE OF ST. LEVIS,
Quebec, December 26, 1835.
SIR: Having received complaints of encroachments by the fishermen of
-the United States, on the limits of the British fisheries carried on in the




[ 100]                           56
river and gulf of St. Lawrence, and of the injury thereby occasioned to,
the merchants and others engaged in that pursuit, I conceive it to be my
duty to transmit for your information the enclosed copies of communications made to me by the officers of the customs here and at Gasp8 upon
this subject.
I beg leave, at the same time, to observe that I have forwarded similar
copies to his Majesty's vice admiral, commanding on this station.
I have the honor, &c.,
GOSFORD.
CHsARLES BANKHEAD, Esq., &c., &c., &c.'The sub-collector of customs at Gasfe to the collector and comptroller aC
Quebec.
CUSTOM HOUSE, Gaspt, September 12, 1835.
GENTLEME~'N: I beg leave to acquaint you that for several years past
nu1merous complaints have been made by those who carry on the fisheries
on the shores of the river and gulf of the St. Lawrence, against American
fishermen who frequent the fishing banks, for having from  time to time
encroached their limits: to the serious injury and prejudice of the British
merchants or "planters," who have much capital involved in that precarious pursuit.
The circumstance of immense numbers of United States fishing smacks
forming a line and ranging themselves on the banks where the codfish;
chiefly resort, has been often referred to as a principal cause why the fisheries have visibly retrograded, inasmuch as the waste is thrown overboard
in the process of curing, deterring the fish from seeking food at their former:
summer resorts; but as the convention made in 1818, and ratified by the
statute 59 George III., chapter 38, secures to the republican government
of.the United States certain privileges and limits, our merchants have suffered the obstruction without complaint.
The United States fishermen have not, however, remained content with
the great indulgences afforded them  by the treaty, but, under numerous
pretexts, approach our shores in direct violation of its restrictions; and,
for several years past, have had the temerity to take bait even on our,
beaches.  But in order to elucidate and convey some idea in what manner
their infringements can so materially affect the success of our fishermen, it
may be desirable to explain, in brief terms, the nature of the process itself,
as practised here.
At the commencement of the fishing, early in May, an abundant supply
of caflin and herring are obtained for bait, and when the influx of these
ceases, mackerel make their appearance, and our fishermen, by putting out
nets and moorings have, until lately, been amply supplied with that fish as
a substitute to bait their hooks.  But the United States fishermen having
adopted a new system of mackerel fishing, by feeding them undeir their
vessels, (large schooners of one hundred tons, and frequently fifteen to
twenty men) not only take immense quantities, but by their proximity to
the shores entertain the fish from being taken in the nets; and it has now
become a universal practice with them  to intrude wherever they please,




57                          [ 100I 
without reference to any given law or restriction; and I have detected,,
with various success, several of their vessels under such circumstances.
On a recent voyage in the custom-house boat, down the bay of Gasp6,
I met three large schooners fishing for mackerel between the shores and the
fshing barges, not two miles from land, and remonstrated with the master
of one (the Bethel, of Provincetown.)  They were all in the act of fishing,
and although I advised the said master to go off, he declined doing so,
offering nothing in vindication but scurrilous contempt, and my means were
inadequate to enforce any measures of redress.
As each succeeding year renders the foregoing evils more manifest,
coupled with reiterated complaints by the merchants engaged in the trade
here, and carrying on fishing, I have considered it my duty respectfully to
draw your attention to the case, begging, in behalf of our enterprising
settlers, that you will be pleased to lay the same before vice admiral the
commander-in-chief, at Halifax.
For several years after my appointment to this survey, we were favored,
with at least a.nnual visits of his Majesty's cruizers, and particularly dur —
ing the commands of Admirals Griffith and Sir Charles Ogle, and a know-'
ledge of this presence or vicinity was a salutary and efficient protection to
the Gaspe fisheries, but for some timhne past scarce any ship of war has.
called here.
It is unnecessary to remark that the harbor of Gasp6, a harbor which
may rank almost first in his Majesty's dominions, affords safe and convenient anchorage, easy of access, and capable of entertaining any ship of
his Majesty's navy; and if the commander-in-chief would be pleased to
direct a cruizer to be stationed during the summer months between Point
Misco and the entrance of the river St. Lawrence, or so far as the island
of Anticosti, including Gasp6 bay, our fisheries would be very materially
benefited, and a deserving community protected in their pursuits.
In offering the foregoing imperfect detail, I do so as a duty devolving on
me in my public capacity, with a hope that I may be excused, and under a
conviction that the vice-admiral comlmander-in-chief. will be pleased totake the case into his high consideration. A.1l of which is most respectfully
submitted to him.
I have, &e.,
D. McCONNELL, Suhb-Collector.
The C0~LL:CTOR AND COMPTROLLER
Of his Iadjeisty's (utstomrs, Quebec.
Collector; ~atd a (omplqtrol1er of (Justom.s to Lord Gosford.
CUSTOMS, QUEBEC, November 9, 1835.
MAY IT' PLEASE YouR EXCELLENCY: We have the honor to transmit for
your excellency's information, a copy of a letter just received from the subcollector of this department at Gaspe, with reference to certain complaints
made against the United States fishermen for encroachment on the limits
and otherwise injuring the.British fisheries carried on in the Gulf of St.




[ t ]                            58
Lawrence, in order that your excellency may take such measures therein
as the circumstances of the case may appear to your excellency to require.
We have the honor, &c.,
HY. JESSOPP, (ollector.
CHARLES G-. STEWART, Compt roller.
His Excellency EARL OF GoSFOoD,
(Jommander-in-ehief, e., se., cWe.
JlMr. FIrsyth to hJr. Bankhead.
DEPARTMENT OF STATE,
Washington, January 18, 1836.
The undersigned, Secretary of State of the United States, has the honor
to acknowledge the note addressed to him on the 6th instant, by Mr. Bankhead, charge d'affaires of his Britannic Majesty, with its enclosures, complaining of encroachments by the fishermen of the United States on the
limits secured, by the convention of 1818, exclusively to British fishermen.
Though the complaint thus preferred speaks of these encroachments as
having been made from time to time, only one is specifically stated, viz:
that of the schooner Bethel, of Provincetown. But the President, desirous
of avoiding just ground of complaint on the part of the British government, on this subject, and preventing the injury which might result to
American fishermen froml trespassing on the acknowledged British fishing
grounds, has, without waiting for an examination of the general complaint,
or into that respecting the Bethel, directed the Secretary of the Treasuryto instruct the collectors to inform the masters, owners, and others engaged
in the fisheries, that complaints have been made, and to enjoin upon those
persons a strict observance of the limits assigned for taking, drying, and
curing fish by the American fishermen, under the convention of 1818.
The undersigned avails himself of this opportunity to offer to Mr. Bankhead the renewed assurance of his high consideration.
JOHN FORSYTH.
CHARLES BANKHEAD, Esq., &c., &c., &c.
Mr. Bankhead to Mr. Forsyth.
WASHINGTON, January 19, 1836.
The undersigned, his Britannic MaIjesty's charge d'affaires, has the honor
to acknowledge the receipt of Mr. Forsyth's note of yesterday's date.
The undersigned cannot resist expressing to the Secretary of State his
high sense of the prompt manner in which the President has been pleased
to instruct the collectors of customs to enjoin upon the masters and others
engaged in the American fisheries strictly to observe the limits assigned to
them by the convention of 1818. It is a new proof of the friendly feeling
entertained by the President towards the British government-a feeling
fully reciprocated on their part.
The undersigned has the, honor to renew to Mr. Forsyth the assurance
of his distinguished consideration.
CHARLES BANKHEAD.
The honorable JOHN FORSYTH, &c., &c., &C.




59                         1[ 10   ]
[H. R. No.:186-26th Congress, 1st session.]
VESSELS ENGAGED IN THE FISHERIES SEIZED BY THE
BRITISH.
— essaye from the President of tthe United States, transmitting a report of
the Secretary of State, in relation to vessels of the United States engaged in the fisheries, seized by the BritishF authorities during the year
last pact.
IN SENATE, April 15, 1840.
Referred to the Committee on Foreign Affiirs.
To the 4ouse of Representatives:
In compliance with the resolution of the House of Representatives of
the 23d March last, I transmit a report from the Secretary of State, which,
with the documents accompanying it contains the information in possession
of the department in relation to the subject of the resolution.
M. VAN BUREN.
WAsHINGTON,  Aplril 10, 1840.
DEPARTMENT OIF STATE,
Washington, April 10, 1840.
The Secretary of State, to whom has been referred a resolution of the'House of Representatives of the 23d March last, requesting the President
to communicate to that house " all the information in his possession, or in
the possession of either of the departments, relating to the seizure and
condemnation, by the British authorities during the year now last past, of
certain American vessels engaged in the fisheries," has the honor to lay
before the President copies of all the papers in the Department of State
in relation to the subject of the resolution.
JOHN FORSYTH.
The PRESI ENT.




[ 100 ]                        60
LIST OF PAPERS.
United States consul at Halifax to Mr. Forsyth, 28th of February, 1839.
Same to same, 27th of June, 1839, and enclosures.
Same to same, 8th of August, 1839.
United States consul at Pictou to same, 11th of March, 1839. —Extract.
Same to same, 10th October, 1839.
Same to same, 18th November, 1839, and enclosure.
Same to same, 24th March, 1840.-Extract.
Collector at Frenchman's bay to same, 15th July, 1839.
Mr. Woodbury to the Acting Secretary of State, 1st of August 1839,
and enclosures.
First Comptroller to Mr. Woodbury, 17th of June, 1839, and enclosure.
Collector of customs, Boston, to same, 27th of June, 1839, and enclosures.
Acting Secretary of State to the President, 14th of August, 1839.-Report.
Acting Secretary of State to Acting Secretary of the. Navy, 9th of Aus
gust, 1839.
Acting Secretary of the Navy to Acting Secretary of State, 9th of
August, 1839.
Acting Secretary of State to Acting Secretary of the Navy, 29th of AUgust, 1839.
Acting Secretary of the Navy to Acting Secretary of State, 30th of
Augnust, 1839.
Acting Secretary of the Navy to the Secretary of State, 4th of September, 1839.
Lieutenant Commanding Paine to Mr. Forsyth, 29th of December, 1839.




6t                         L 100]
United States Consul at Halifax to Mr. Forsyth.
[No. 74.1        CONSULATE OF THE UNITED STATES OF AMERICA,
Halfax, Nova Scotia, February 28, 1839.
SIR: I have the honor to inform you that the schooners "'Hero," of.EastpoIt, Harvey, master, and "Combine," of Boston, Kennison, master,
have been seized and condemned in the court of vice-admiralty for an
alleged violation of the several treaties on the subject of the fisheries.  The
decree for condemnation passed the 28th of January, but no sale has taken
place.
The case of the " Hero " was not brought before my notice, but the owner
and master of the "' Combine" applied to me, as consul; but the case was
clear against the vessel, upon her master's own admissions, taken upon
oath.  And as the seizure was made at the Gut of Canso, which Mr. Primrose claims to be within his jurisdiction, alleging that his commission is "for
the port of Pictou, and for all other ports and places that may be nearer to
Pictou than the residence of any other consul," under these circumstances,
[I declined putting in any defence, acquainting the owner with my determination, which had been formed after submitting the case to counsel.
I have the honor to be, sir, your obedient, humble servant,
JNO. MORROW.
Hon. JOHN FORSYTH,,Secretary of State, Washington.
United States Consul at Halifax to iMr. Forsyth.
[No. 77.1        CONSULATE OF THE UNITED STATES OF AMERICA,
Halifax, Nova Scotia, June 27, 1839.
SIR: I have to state that a number of American vessels have been seized
in this Province for violating, as has been alleged, the convention between
the United States and Great Britain, and the law of this Province, a copy
of which I forwarded in my letters numbered 41 and 63, namely:
Schooner Shetland, of Boston, 98 tons burden, seized at Whitehead,
near Canso.
Schooner Magnolia, of Vinalhaven, seized at Tusket Island harbor, near
Yarmouth.
Schooner Independence, of Vinalhaven, seized at Tusket Island harbor.
Schooner Hart, of Deer Isle.
Schooner Java, of Islesborough.
Schooner Charles, of Mount Desert, seized at Canso; this vessel has
been released.
Also, a schooner, name unknown, seized at Guysborough.
Schooner Mayflower, of Boothbay, seized and sent into Guysborough.
Schooners Battelle, Hyder Ally, and Eliza, seized at Beaver harbor.
I enclose copies of two letters, which I thought it my duty to write to
the Governor, with several statements submitted to him. Also, a copy of
aNn affidavit, made by the master and crew of the schooner Eliza, of Portland; and a copy of a letter addressed to me by Sir Rupert D. George,




1[(  ]                          62
baronet, Secretary of the Province; also, a report made by the Queen'.
advocate general in the matters referred to the Governor.
You will perceive, from the papers now transmittad, the position in
which I am placed: urging the claims of the owners and masters of the
vessels, and having the expense of the crews to pay, they being utterly
destitute; and I have been compelled to afford them the assistance they
required.
I have received information that the revenue-cutter Hamilton had at~
rived at Yarmouth, for the purpose of inquiring into the circumstances of,
those seizures, and I wished most earnestly to have seen her commander;
but it is now said that she has proceeded to St. John's, N. B.  And although I have felt the impropriety of my interference in the business of
the consulates of St. John's, N. B., Pictou and Sidney, (Yarmouth and the
Tuskets being nearer to St. John's than to Halifax-Whitehead and Guy sborough being nearer either to Sydney or Pictou,) I could not refuse my
assistance to American citizens in distress; and I hope this will pass withOtlt censure.
I beg leave, also, to refer to the Journals of the House of Assembly, now
transmitted, from which it would appear that the provincial act has been
principally framed on the documents therein contained.
Many other vessels will no doubt be seized, and I shall be called upon
by the crews of the vessels to intercede for them, and to supply their wants.
This I took the liberty of bringing under your notice in my letter No. 62;
and I respectfully urge that the labor of protecting the interests of American citizens in this province should not, of necessity, devolve on me, as
living near the seat of government, while all the perquisites of office are
enjoyed by others within whose consular jurisdiction the seizures have been
made.
I have the honor to be, sir, your obedient, humble servant,
JOHN MORROW.
The Hon. JoHN FORSYTHI,
Secretary of &tate, Washington.
[Enclosures in the preceding.]
REPORT.
I have carefully examined the foregoing letter and statements made by
Mr. Morrow, the American consul, to his excellency, and submitted to me
by his excelleney's order, and most respectfully report thereon: That it
does not appear to me that his excellency can be called upon, in the case
referred to, to interfere and stay proceedings in the court of vice-admiralty,
which alone has jurisdiction over the subject-matter.  Several of the cases
alluded to were commenced during my absence from home; and the evidence in these cases has not yet been submitted to me.
In the cases of the vessels at Yarmouth, commissions have been issued
to examine witnesses, which are not yet returned.
The three American schooners seized at Beaver harbor, by Mr. Darby,
have been proceeded against by me as advocate general, and the examine
tion duly taken; whereby it appears that the crews of two of them had ac.




63                          o1004 
tually fished with set nets in that harbor, and had taken fish on board.
therefrom the night before the seizure; and this evidence is confirmed by
the mate of one of those vessels, an American subject.  In the case of the
third, which is one of those noticed by Mr. Morrow, the evidence at present
is not so conclusive.  In the case of the seizure by Mr. Forrester (alluded
to) the evidence has not been submitted to me; but I will call for it, as in.
the other cases, before any other proceeding is had, after the return of the
monition.
In all cases where the evidence is not complete on the part of the seizers,
no decree will be urged by default against vessels or cargo, until the most
ample time and opportunity are afforded the owners or others concerned to
make defence, which I shall feel it my duty to allow them  to do in suchb
cases upon the most favorable terms which by law can be granted. And
in any case where there does not appear good cause of detention and prosecution, I will exercise my own discretion, as in the case referred to in
No. 1, now enclosed; which course, I hope, will meet the approbation of
his excellency and her Majesty's government.
S. G. W. ARCHIBALD,
Advocate General.
June 20, 1839.
CONSULATE OF THE UNITED STATES OF AMERICA,
Halifax, Nova Scotia, June 15, 1839.
Sim: In the interview with which your excellency honored me a few
days ago, I took the liberty of expressing my opinion with respect to the
recent seizure of several American vessels, in the ports of this Province
by Mr. Darby and Mr. Forrester.
I now beg leave to solicit the attention of your excellency to a statement
of facts, so far as they have come to my knowledge, and to bring thema
plainly before your excellency. I have abstracted from affidavits now in mypossession, and which, if necessary, may be submitted to your excellency,.
all that I think may enable your excellency to form a correct judgment on
the cases respectively; which papers are hereunto annexed, and numbered
I to 6.
I would state to your excellency that MIr. Matthew Forrester declared
to me, on the morning of Saturday last, in the presence of several respectable persons, that he gave money to the boy referred to in statement No. 1,
(the case of the Shetland,) to induce the master to sell the articles named
in that statement; and, in mentioning this circumstance, I am unwilling
to imagine that your excellency will sanction a practice by which individuals, and especially strangers and foreigners, may be entrapped at the instance of officers appointed to carry the laws of the country into effect,
and who are interested in the condemnation of property so placed in.
jeopardy.
I would earnestly request your excellency to consider the cases which I
now place before your excellency, and which, I think, do not, under all the
circumstances, subject the vessels to forfeiture under the provisions of the
convention between Great Britain and the United States.
With respect to the operation of the provinLial act, William IV., cap. 8,




t100o ]                          64
I would only respectfully refer your excellency to the act itself. I do not
presume to express an opinion regarding it; but would only notice the utter
impossibility of any defence being offered by a master of these small fishing
vessels, even if conscious of his innocence.
In the tenth section of the act it is said, "that no person shall be admitted to enter a claim to anything seized in pursuance of this act, &c., until
sufficient security shall be given, &c., in a penalty not exceeding sixty
pounds," &c.
Your excellency will please to observe that, under this rule, a claimant
must be in a situation to procure funds to employ lawyers, and to pay heavy
court expenses under the vice-admiralty table of fees; which cannot be
done in any of these cases, as I am informed by professional men, under
an advance of at least thirty or forty pounds currency; adding to this the
security of sixty pounds, it is evident that the owner of each vessel so
seized must either send on funds or letters of credit to the extent of one
hundred pounds, before he can oppose the seizure, or, otherwise, the vessel
will or may be condemned by default.
This sum is, perhaps, as much as any of these small vessels are worth,
and the claimant, if able to pay it, must actually place at hazard the one'hundred pounds mentioned, in addition to his property seized; and although,
perhaps, quite innocent of any offence, must depend upon the proverbial
uncertainty of litigation for the recovery of any part of the property or
money in such danger.
I would also respectfully urge that I dare not plead for those persons
who have actually offended; but, as the organ of certain individuals who
may have erred in a slight degree, either from ignorance or from  temptation, and violated the provisions of an act of which they may never have
heard, I beg, if it be possible, that your excellency will interfere for their
relief; and, if it is consistent with truth and justice, to exercise the high
powers with which you are invested; and, perhaps, under the advice of her
Majesty's council, your excellency may be enabled to extend mercy to such
as have not wittingly offiended.
In any case in which an apparent and wilful infringement of the convention or of the law has been made, I have no wish to interfere.'I have the honor to be, sir, your excellency's humble servant,
JOHN MORROW.
His Excellento; Lieut. Gen. Sir COLIN CAMPBELL, K. C. B.,
Lieutenci..t Governor and Commalder-in-chief, Foc.
A to e copy:                         JOHN MORROW.
CONSULATE OF THE UNITED STATES OF AMERICA
Halifax, Nova S&otia, June 18, 1839.
SI,: I have received from Guysborough letters of which I beg leave to
annex copies of two, and an extract from one; and I respectfully request
that your excellency will be pleased to consider the cases thus submitted.
In addressing your excellency, I am  constrained to remark, that the
port of Guysborough is out of my district, and the case in question should
properly have come under the notice of Mr. Primrose, at Pictou, or Mr.
D'Wolfe, at Sydney; but, if the statements made to me are to be relied




65                           [ 10) ]
in, I feel it to be my duty, independent of form, to beg that your excellency will be pleasd to wave a matter of form, and permit me to urge the
claims of a poor, and I think injured man.
In doing so, however, I wish to disclaim  any interference with the consulates at Pictou or Sydney; but it would appear that the cargo of the
vessel seized at Guysborough will perish, and the crew must be ruined,'unless prompt measures are adopted for their relief.
If the statements are correct, I am not aware that an officer of the provincial government has a right to inquire whether a vessel of the United
Sates sails under a mackerel or a codfish license.  Something I know is
necessary to establish the national character of the vessel; but if herring
instead of codfish or mackerel are taken, provided those herrings are taken
in comformity with the convention, I have most respectfully to urge that
Mr. Marshall could not possess a right to seize a vessel under such circumstances, even if the master had erred in fishing at the Magdalen Islands;
and that Mr. MIarshall is only clothed by your excellency with authority to
protect the interests of this province, while the Magdalen Islands, where
the ofence, if any, has been committed, belongs to the province of Lower
Canadat.
I have copied the letter from the master of the schooner Charles verbatim, that no mistake or misapprehension may attach to me.
I[ have the honor to be, sir, your exeellelncy's humble servant,
JOHiN M0I!ROW.
Ees Ex'cy Lieut. Gen. Sir Co;INr CAMPBELI, K.  0. B.,
Lieutenant covernor and,ovzanader^-ii-cfiej:
A -true copy:                                    JOHN   [0gPRROW
No. 1.
S2 hocbner Shetland, of Boston, Alassachusetts, G. Wr. Clare, master, burden 98 tons,
This vessel sailed from Boston, on the 20th day of iMay last, on a fishing
voyage to the Labrador coast, victuealled alnd stored for about three months;
having no object in view save thell procuring of a cargo of fish, not intending to trade, nor having any goods on board for sale when the vessel left
Boston, but having  a few suits of oil clothing, intended for the crew, as iust
usual.
After leaving Boston, encountered a succession of easterly w-inds, and
after having been driven about for some timne, put into the harbor of White —
head on the 3d of June, for shelter, and to obtain wood, but were informed.
that no wood could be had, except soft wood; the mate and two hands then
collected a small quantity of wood lying on the shore.  At 2 p. m., before
the mate went on shore, the schooner drifted, and the small bower chain,
of which about thirty fathoms were out, parted about fifteen fathoms from
the anchor; let go the best bower anchor, and narrowly escaped being
driven on shore.  [The declaration of the mate to me, not in the affidavit
referred to, is, that the vessel was about her own length from the rocks.]
Then carried out the kedge anchor, by way of a second anchor, with a
hawser and a coil of large rigging attached to it. At about 4 p. m. recovered the anchor and part of the chain.  About 6 a. m. on the following
Ex. —4




[ 100 ]                             66
day, got under weigh, and came to in American cove, in Whitehead haxrbor,
to procure wood and place the vessel in safety.  That a lad, whose name
is unknown, came on board the schooner.  [Supposed to be about sixteenr
years of age. This not in the affidavit.] Requested the master to sell him.
a pair of trousers, which he (the master) refused to do, but on repeated
importunities consented that the young man might select a pair; the boy
also requested to have some tea and tobacco, and, after much hesitation,
the master, having none to spare, and not having either beam, scales, or
weights on board, gave him  a quantity of tea,, supposed to be about one
pound, and about six to eight pounds of tobacco; for which articles, naimely,
the trousers, tea, and tobacco, the boy paid to the master four dollars.
About two hours after this transaction, a number of men came on board,
headed by a person who was said to be a magistrate or custom-house o icer,
and demanded the papers of the schooner, (the register, fishing licenrse, and
the log-book,) which he retained; sent the master and the crew on shore at
Whitehead, except the mate; the vessel was then seized, and has been.
brought to Halifax.  It has since been ascertained that the schooner was
seized by Mr. Matthew Forrester.
List of articles sipped ot on hoard of' said selooner  t Boston, as nearl7y as8
can be ascertained.
Beef about I barrel; pork do.; tea 28 pounds; tobacco  0 pounlds; bread:3 bn'irel; flour 1- do.; meal 3 bushels;:rice 20 pounds; chocolate I box;
giLn about 30 gallons; oil skin suits 6; fishing gear 1 seine; [this is called
seine —I believe it is a large net,] salt -about 36 hhds. in barrels; coffee
25 lbs.; molasses 1- barrel; butter 25 lbs.; potatoos, turnips, anld onions,
smalll quantities; empty barrels 305; brooms 1 dozen; oil 3 gallons; can-.
riles 1]0 lbs.; and ta box containing tinware, essences, &c., value,25,
iantended for Monsieur Chevalier Revier, Bon Esperance, Labrador.
WXhat quantity of articles remain on board is not exactly known.  Theyl:reitbrne caught, nor were preparing to take fish on the coast.  Were in no
harbor from the time of leaving Boston until the said vessel was seized,
nld had not bought or sold any articles on the coast, save the trousers, tea,
and tobacco before nmentioned.
A true c:opy:                                     JOHN  MORROW.
No. 2.
Case of the scthooner agrr.olia, of Vinalhaven, State of' Maine. CGorge Pool, iaster
Affdavit ofJ Georye.Pool, master, William  S8. (oombe, David Joice, tatd,
Samns nel Cla.c' ae,  saen.cet.!Lef-t Vi.nalzhaven the 26(ith Aprii Ia3t on -a fis,}hing, voyage into the\t Bay of
Fundy.
Fished at tlhe distance of forty miXes% and never at a less distance thant
fifte.e. niles f-'oi the coast of Nova  dot(ii, u.til about the ad ofC  A', ni
In want of water.
3 ROWino very heavy.




67                             [100]
Followed an English vessel into Tusket Island harbor.
Rem.ained. there about twenty hours.
Neithel the mast.er nor any of the crew of the schooner took or caught
-any herring, cod, or other description of fish, within fifteen miles of the
coast.
Master admits that he purchased a barrel of herring for bait, but took
no fish within fifteen miles of the coast of Nova, Scotia.
Remained, as before mentioned, at Tusket island, and returned  to the
-fishing ground at not less than fifteen miles from the coast, and there remained until the 25th day of May.
In want of wood and water.
Blowing a gale of wind from  the southeast.  Returned to the Tusket
islands on Sabtrlda y, the 25th day of MNTy, having on board forty quintals
~f fish.
On Sunday, the 26th dbay of M-ay, the vessel seized by Mr.'Darby, and
ta.  en into Yarinmou th.
A ti'ne copy:                -0?1fN  _ MA ORRP0W.
No. 5.
Case ot' tie schooner Independence, of Vinalhaven, State of M:aine, 31 tonis.
At Vinallhavce  about the 10th of April last; fitted for a fi'shing voyt:age
into the Bay of Fundy.
Sailed on or about the 10th of April; commenced fishing, but never at
a less distamnce than fifteen miles froml   the coast of Nova Scotia, until the
latter end of Alril last.
In want of water  went into the Tusket Islanlds, ad remained at lanchor
about  twenty hours.  At the expiration of that period put to sea, anmd returned to the ufishing-places in the said b~ay; but not n fishing at, a less distance frolom the coast than fifteen n-iles.
1:emained in the bay until the 25th day of MJay.  The only comip:;ss on
board the -vessel having been broken, the master wished to reach Yarmouth
to have his comp1ass repaired, and to obtain a supply of water. Plowing f
gale of wind, tll weather  thick and hazy, was compelled to take shelter in
Yulrsket Islands for the niuht.
On the 26th Miy, lying at anchor, the schooner was boarded and seized
by Mr. Dar'by, commanding the schooner Victory, who demaxnded all the
papers of the said schooner, which were delivered to him.
The vessell ta ken into Yarrmouth; c, ew' ordered to leave the vessel.
Pyotest rmade in the a.suaol forva.
A tre copy y:N  MORROW.
No. 4.
oCasf to m1 schooner Ha',.14 J. lTln.rr mnaster, fr.omi Deer Island. State of taine.;ep-s..iti'oio  of t he imas.ter, and t.inc _Rlch atd, ilber;.Dozvjlas, Ami-errQ'es8.idg att IarY outc, t,d i, Robert Power,.seamnaw.
Saed i rormn Deer Is3land on m fis:aing vsoyrge  in the  ay of 1ndy and
remansned t;here at a d istan e,l'rt:ay; a..ti,; t6e. -iA. t......i.i.,   t
the 8    Mt3 M!ay last.




i10 ]                                68:Except nwhen compelled by stress of weather, or the want of necessary
fuel and water, to put into harbor, and for no other purpose, put into Tus'.
ke  [s,:Iands, i-and1. once into the port of Yarmouth.
T., master never, at -any one time, remalined in any harbor or place
for zi lon..er periodl than i twenty-four hours; tihat neither lhe nor his crew,.sin.ce'ier departure yLraom Deer Island,  have taken or prepared to take fish
of amny kind or ldescription with nets, lines, or in any manner, at a distance
frol  the coit }.ess than fitteen inmiles.
1',at t, 1o said nmaster went into TusXket harbor to procure wood and water,
anld Hfor no othrl  purpose whatever.
Thit BenjaTinL lb'ow1n, o t'eSiCdent at Yarmilouth, while lying in harbor,
camlled i    cue o f the  Cx crw of sadl vessel, requesting that the said master
voi0  a1si' 1 lst   m ll   i       pl clearing or picking his nets; and    -, of the,
boa 0'i iart, in c onsequence  of such request, went; on board of Brown's
vessei, fa  British vessel,) tanI.  ssisted in clearing his nets; for which service  rowIn   ave to t he leponent; Rich about two barrels of fresh herrings.
T[The ma ster,  anl)d mcrew state thil; tha i. y had no need of bait, having abundaice (o  Caie's OlH board, w-hich had been brought wvith them from Deer
Island    1l This, lhowever, not in the affidavit made at Yarmouth.].hnat,, w'i ik the exception of the two barrels of fish, neither the master
of t-c  said  boat. nor her  erew, Iave fished on any p.art of the coast of
Nov   0ooti:i  ithin fif.tc li osixteen  mlies.
Thia't no article  wivsateaer has been sold fromi or out of the said vessel;
butl t}ite. 1,c e sar  i: y of wood an td water were obtained and paid for in
ilO1il.cs,t, (t 1.h. i.st day of Maiy,   tihe boat wa-vs boarded and seized by Mr.
Daby. of thi    governomllwent schooner Victory, and taken into Yarmouth,
ansd a-l t:he papear oi' the said schooner Hart were taken..from  the said
ma ster,   ic:ried himiseif a1id crew  vere' sent on shore; Mr. Darby detaining
all th' cl~othAhes  aid n ecessaries of the said master and crew, except the
co.ti:'s thei-y 3 had on at the iile o  scizm-ire.:7:e  -ji davi-a  of /3e'jaim'in Brou'it, o'.ot'1motht   v  cOtia, tao cen beJfore  --   arish, Esq.
[E1'i:Ls  fiiida vXi; c4Iame to  myl1 hads on Wednesda y, the 11th June, by
inafi. —-3. MI.]
Th at lhe, Brown, ihaed been en'tgaged in the herring-fishery at; the Tusket
atT ince I 7tt of April.
I'tt      t taboout the Ist day of May last, the American boat I-Hart was seized
by the comman-dere   of the schooner Victory.'irtlt t.he said boat Hart caime to the said island frequently, when, in his
belief,; shelter was necessary.  The boat was always brought to anchor
closc to deponnit's vessel; a-nd verily believes that no herring or other
kinds of fish were taken by the crew of said boat within or near to the
sa. is lands.
Saith, -tihat whfllen sa.id boat entered the said islands, had her crew attempted to fish or to set nets deponent must have been aware of it, as the
said boat always came to anchor close to deponent's vessel.
Deponent saith, that about four weeks since he gave to the master of the
said boat, and to one of her crew, named Rich, two and a half barrels of




69                            [ 100
herring, as a recompense for assisting him,  (deponent,) at his request, in
picking, herrings fiom deponent's nets, and in dressing and salting his fishA true copy:
JOHN MORROiW.
No. 5.
Case of' the schooner Java, of Isiesborough, State of Maine.
This cse has not been reported at the consulate, but a claiim has beien
nade for the passage of four seamen to the United States.
A true copy:
JOHN MORROW.
No. (;.
PROvtNC E OF iNOVA SCOTIA, hfalja~  f.   Msa8.!PersoRally, on -this 13th day of June, V. A. 18399, beforte I, J'ol..t.o.tlor —
row, consul of the Unitted State:s of America for the peort of 1alit x, in tle
Province of Nova Scoti an (]. for all other ports anld places that may b e,
nearer to EHalifa4x than thbe residlence ofJ  a 1n1v otinhe  consul cameine. afnd appeared James Morton, master of the schoon:mer "Eliza,, o Porthland,"  w hich
is of the burden of fifty-eijh't tons o-r thereaboutl, t ogether -with tlhe szevi' a]
parties whose names are herenl;to subsct rib)ed,'beino the crew of the saidd
schooner, who, being by mne duly examii:ed and sworn ot l the h.oly ELvangelists of: Almighty God, did tcstify aet.t deelare to be ti;re the stever r,,tters hereinafter set forth:
That, on1 or about the'twenty-sixth dtly of Apri i last, these appeareres
saeled in and with the said schooner flrom Portlatlnd, on an It ntended fishin,
voyage on the coast of Nova Scotiat and thoe Day rf St. tL tvtr rnce halting
oRn board materials anid stores fit and propetr fIr a fi sting voyae a-r,  In. n Wich
voyage was expected to ].ast aiout four m-onths.
That the said schooner carried n.o articles wh:atever suitable tr. a tradin.g
voyage or for sale; nor had any one of these appearers any goods, wat'es,
or merchandise wherewith to ca rry on any trade or traffiic, biut solely intended and fitted out for the fishery, with nets, hooks and llnes, sa-lt, &c.
That from  the dSay on which they sailed, they never caught or cured
a.ny fish whatever, writhin ten or twelve miles of aAny part of the coast; and
never made any harbor, except when unavoidably compelled to do so, viz:
on or about the 5th of May, it blowing a heavy gale from the east, they
were compelled to make a harbor in the Ragged'Islands, where they remained two or three days, during all which period the weather continued
so bad as to prevent their going to sea.  On the 24th of M'ay, or thereabouts, the schooner having carried away one of her larboard main-chains,
in consequence of a heavy swell while at anchor in sixty fathoms off Spry
harbor, they were compelled to run into Beavet harbor as the nearest port,
and got it repa,ired by aJ man whose name they were informed was        ----
Winsell.




[100 ]                             70
That on the 8th of June now instant, the said schooner put again into
Beaver har1ibor to get wood and water, (their supply being much reduced,
and being inadequate for the said voyage,) and on the 9th (being SUInday)
the saic schoon.er  as  seized by the provincial schooner Victory, Darb y
mnaster,  ad brought to HalifiaxL; thle master and the cook being the only
persons allowx ed to stlay in her.
And these appearers solemnly declare that they neither sold, bartered,
nor pa rted with any article whatever out of the said schooner, or caught
or procur'd    or prepared, or intended to catch or procure any fish whatever,
except at a distance of ten to twel\ve miles from  the coast of Nova Scotia; 
or puirelhasled or endeavored to purchase any fish of any of the inhabitants
or oth.rvs o  the British coasts, a.nd that the whole sum of money in pos.session o' control of this appeniarer, the masteJ, did not exceed four to five
dollars, or thereabouts, withL wich to b uy wood tand water in case of nieed
JAMES MORTON,
BENJAMIN MORTON,
his:LEWIS x HAZ.EL,
narkl.
ROBERT MOtTON,
JAMES W. GRAY,
SAMUEL BURNS.
Swor.0 tO <at 1'Ha,.lita.x, t]his V' tth.:  of June, A, D. 1'839, b)efore r:lt,
C[LJ. s.]                             FRi E1)ERICK LE BLLANC,
Nrotary _Public.
A. tlrue copv                               JOitN WMlT ROW.'
PR('V'NCTIAL SECIRliTA]T'Y'S OFFICE..[alift ax, TJ.ne 25, 1839.
Srn' Your letter of thle   5tlh instant, an.d the several papers which
accon.mpamnuie  it, relative' to the seizatre of cert(alin American fishing vessels,
having, been re'Cfered,? by the dir'ect;ion of the Lieutenant Governor, to her
Ma. -jestys attornel   nea, I  I -  it in conlmtandl( from his excellency to
transm7it to you the enclosed copy- of that offiCer's report, and to state that,
unuer the ctircunast:ances therein mentioned, his excellency does not-; consider it prope-r to interfoxre iin any of the cases which you h have felt it you r
duty to bring under his excellency's notice.
i have the satisfaction to acquaint you, with reference to your comma.nicat.ion of ti!e 18t~h instant, that1 bef-ore it -was received, tlle attorney general had sent instructions to Mr. Marshall, the seizing officer at (Guysborough, for the release of the schooner Charles.
I have the honor to be, sir, yo-ur miost obedient servant,
1RUPERT D. GEORGE.
JOHN MoRRow, Esq.
A true copy:
JO.HN MIORROW.




71                            100]
Uni-ted States Conssul at ha.iNfxo to fr. _Porsyth.
[No. 7.]        CONSULATE OF THE UNITED STATES OF AMIEXICA.
Hal'fax, Ni. S., Auqgust 8, 18)39
Stn: Since _I had thle honor to address you, under date the 27th June,
(No. 77,) several proceedings have been had with respect to the vessels
therein named; some have been released on payment of expenses, and
others have been condemned.
I beg leave, most respectfully, to recapitulate the fate of each vessel:
The schooner Eliza, of Portland, has been released on payment of expenses, amounting in all, to ~84 17s. 10d., (this currency,) or 8339 56;
this, however, contains my commission on cash advanced to release her,
and incidental charges connected with a bottomry.
Schooner Shetlantd, of Boston, released in a like l anner; her expenses
about $600; but the money was paid by ai house of business here, an.d I[
do not kX1now the exact amount.
Schooner Charles discharged without any expense.
Schooner Mayflower, of Boothbay, released; her expenses amlounted to
~75 6.s. 4d., which I paid.  Incidental charges included in this sum.
The Eliza, Charles, and TMayflower have evidently been brought -under
the operation of a law which I cannot but feel is exceedingly severe-perhaps I rshould say unjust.  It was thought advisable, however, to pay the
sums at which they were assessed, rather than have the vessels detained,
and, perhaps, subjected to further difficulty.
The Shetland stood in a different position, and escaped condemnation by
the imerest acc-ident.
The Battelle and Hyder Ally have been condemned and sold.
I bought the former for the owner, who has come on to this place and
claimed her.  I charged him five per cent. commission, which he paid.  He
took a sea-letter for Boston from this office, the schooner's papers being
filed in the registry of the court of vice-admirality.
The Magnolia, Independence, Java and Hart were condemned in the
court of vice-admirality on the 5th instant; and an order has gone to Yarmouth for the sale to take place immediately.
The owner of the two former is here, and he will proceed to Yarlnouth
to purchase them.
I ha-ve a power of attorney from the owner of the Hart to purchase for
him.; and I have given directions that the Java may also be bought on account of the owners, if it be possible, by so doing, to save these poor men
fromn rli.n.
Tbhe Iyder Ally remains in my possession, and will, I think, be claimed.
in a few days, as the owner has written respecting her.
A new case has arisen: The schooner Amazon was seized by the collector of light duties, at the Gut of Canso, and the master transmitted anz
affidavit to me relating the circumstances of the seizure.  I immediately
applied to the advocate general, who, after a few days, handed me an
order for her release, addressed to the seizing officer, but left open, so that
I might send it to the person having the vessel in custody, it being reported
that the collector of light duties had absconded.
The master of this vessel will have to pay the expenses attendant on ts




[ 100]                            72
detention and custody, for which I have become answerable; and how I
am to be reimbursed I do not know.
I have the honor to be, sir, your obedient, humble servant,
JOHN MORROWo
Hon. JOHN FORSYTH,
Secretary of State, Washington.
tExtracts.]
United States Consul at Pictou to ar. Forsyti.; CONSULATE OF THIE UNITED STATES,; "Pictou, March 11, 1839.
"SIR: I have to acknowledge the receipt of your letters of the 1st Jan-'
nary and 2d February; the latter granting me leave of absence until the
ist of April.  But as the season is now so far advanced, I have determined
to postpone my intended journey for the present.
*" You have, no doubt, been informed by the consul at Halifax of the
seizure of several fishing vessels of the United States on the coasts of this
Province during the past year, for alleged infringement of the convention
of 1818; one of which vessels at least, if not more than one, has recently
been condemned in the court of vice-admiralty at Halifax.'Numerous complaints have been made by the inhabitants of the Province, alleging that the fishermen of the United St.ates frequently violate the
terms of that treaty, by following the fish too close to the coasts of Nova
Scotia and Prince Edward's Island, and using the harbors thereof for other
purposes than are enumerated in the convention.
" The British government has decided to send out two armed vess;els in
the spring, to be stationed duiing the fishing season on these coasts, for the
purpose of preventing any infringements of the treaty; and although I am
well aware that much of the outcry which has been made on this subject
has had its origin in the disappointed feelings of Nova Scotia fishermen, on.
seeing themselves so far outstripped in the successful pursuits of so valuable a branch of commerce, by superior perseverance and skill of their enterprising neighbors, yet I know that, within my consular district, a tempt*
ing shoal of fish is sometimes, either from  ignorance or the excitement of
the moment, followed across the prescribed limits; and I suppose that during
the ensuing season the greatest vigilance will be displayed in looking after
offenders.
"I have thought it my duty to communicate these facts to you, in case
it should be deemed requisite, in order to prevent fishermen from becoling
unconsciously liable to confiscation; that some instructions should be issued
to collectors of customs likely to grant licenses to fishermen, directing them
to request the fishermen to make themselves well acquainted with the terms
of the treaty, as they may expect a strict enforcement of its provisions
during the ensuing season, or to enable you to provide such other remledy as
the case seems to demand.
"The Hon. JOHN FORSYTHI
"Secretary of State, Washiangton."




73                            loo 00
United States Consul at Pictou to,Mr. Forsyth.
[No. 13.]                    CONSULATE oF THE UNITED STATES,
Pictou, JN. S., October 10, 1839.
SiR: I beg leave to enclose to you copies of several affidavits relative to
difficulties which have been experienced by American citizens during the
past season in their intercourse with this Province, and in the prosecution
of the fisheries on its coasts; together with copies of the correspondence
which I have entered into with the provincial authorities on the subject.
Being in daily expectation of a definite reply to my communications to
the provincial Secretary, I delayed writing to you, in the hope of being
able to lay the whole matter before you at once; but, at the suggestion of
Commander Paine, with whom I have recently had an interview, I transmit these documents now, and will forward copies of other communications
on the subject as they occur.
The tax of six and two-third cents per ton register of shipping, collected
by the Province of Nova Scotia at the Strait of Canso, is levied on British
as well as foreign ships; but it becomes a heavy charge on American vessels making four or five trips a year to this port, in the coal trade; and as
there is no impost on shipping in American ports for the support of lights
on the coast of the United States, such a tax on American vessels in the
ports of the British colonies involves a discrepance in the terms of intercourse between the two countries, although it professes to be based on.
strict reciprocity.
In reference to the affidavits and correspondence, (herewith marked Nmo..
2,) 1 beg to state that I strictly cautioned Captain Taylor, as well' as his
crew, to give a fajir dispassionate account of the circumstances connected
wvith the detention of' the Amazon.  The report of the attorney general of
Nova Scotia upon this case, to which the letter of the provincial Secretaryrefers, will, I presume, when received, furnish the defence which may be
set up for the conduct of the provincial officer, or point to some means o~
redress.
T hav-e the honor to be, sir, your most obedient and humble servant,
J ^M  S PRIMROSElP.
The HonP. JOEN Ft911SYTt,
Secretary of State, Wash/ington.,Received with Consul Primrose's No. 1r.I
No. 1.
CONSULATE OF THE UNITED STATES,.
Pictou,l JVova Scotia, July 15, 1839.
SIR: I most respectfully beg leave to bring under the notice of the goverminent the existing practice of collecting light-dues at the Strait of Canso.'
American vessels bound to Pictou have this season been frequently fired
at and brought to at that place, by an armed boat, and boarded by an officer, armed with a cutlass and a brace of pistols, who has enforced payment
of light-dues. As but few of these vessels were provided with funds, the
masters have been subjected to great inconvenience by being compelled, in




[ 100 1                          74
many instances, to part with portions of their cargoes or ship's stores,'and to
pursue other objectionable courses to enable them to meet the demand, which
I respectfully submit might be collected here, where the consignees reside,
-with as much safety to the revenue, and, as you will perceive by the enclosed affidavits, with less danger to strangers, who are led to commit acts
seriously affecting the safety of their vessels, through the misrepresentation
of an officer claiming to be clothed with authority.
Will you do me the favor of informing me whether the collectors of lightlues at the Strait of Canso act under the authority of the government of
this province, in levying that rate there on American vessels not bound to
any port or place within the same?
The imposition of any tax by the province of' Nova Scotia upon American vessels engaged in the prosecution of the fisheries using that passage
in transita, would appear to deprive it of the character of constituting a
portion of the high seas.
With the greatest respect, I have the honor to be, sir, your most obedient
and humble servant,
JAMES PRIMROSE,
Consul U.d.'. d
To the Honorable Sir RUPEaRT D. GEORGE:,
Provincial Secretary, 4'c., Htaliftx.
Ah. G. Adams, master of the American brig Orleans, of Portsmouth, maketh
oath adtl saith: That on the 10th day of June, now last past, he was at the
Gut of Canso, in said vessel, (bound to Pictou for a cargo of coal,) when the
Orleans was boarded by Duncan McMillan, collector of light-dues, who dernanded payment of light-money.  Deponent toll said McMillan that he
had not a sufficient sum of money on board to pay it; that he was bound
to Pictou, where he would get money, and where he expected to pay all his
port charges. McMillan, however, insisted on being paid, and told depo-:nent if he had no money he must pay out of the ship's stores; on which
deponent, at the request of said McMillan, gave him a barrel of' flour. in
part payment, havinlg no other rimeans of satisfying the demand.
E. G. ADAMS.
Sw(orn to at Pictotn the 6th July, 1839, before me,
JAMES PRIMRO)SFE, Consul U. S.,'1.
iNathan Briggs, master of the American schbooner Alatamaha, of New.-Bedford, maketh oath and saith: That on the 19th day of June last past,,while said vessel was passing through the Gut of Canso, bound to Pictonu
for a cargo of coal, Duncan McMillan, collector of light-dues, came on
board and demanded to see the Alatamaha's papers, and required payment
of light-dues. Deponent said he had no money, but would give an order
on Pictou. McMillan looking at the clearance said, " You have no means
of paying me on board," and requested deponent to give him a barrel of
flour for light-dues. Deponent made answer that he could not break bulk
without subjecting himself to a penalty; on which McMillan replied that
there'as no duty payable on any article delivered to him in payment of'




75                          [ Too ]
light-dues.  Deponent believing firom the circumstance of a British flag
flying in McMillan's boat, that he was an officer of government, and had a.right to make such demand, gave him a barrel of flour, and took a receipt
therefor, of which the following is a copy, viz:
"June 19, 1839,
M" Mr. NATHIIAN  RIGGS, master of the schooner Alatamaha,
" To the Province of J.Vova Scotia, Dr.'" To light-dues for the above vessel, now under your command, for the
present voyage from New Bedford, 120 tons.
" Received payment in one barrel of flour.
"'DUNCAN McMILLAN,
" Collector of Lzcht-dues, Gut oj Canso."
NATHAN BRIGGS.
Sworn to at Pictou, the 6th July, 1839, before me,
JAMES PRIMROSE, Consul U. S., A
HALifAX, Lugub t 21, 1839.
Sir Rupert D. George presents his compliments to Mr. Primrose, and regrets not being yet able to reply to his communiclation relative to the mode
of collecting light-dues from American vessels passing through the Gut of
Canso.  Immediately on its receipt, it was laid before the lieutenant govenlor and her Ma-jesty's council, and referred to a committee to inquire into
the circumstances; and the committee have not yet made their report.
No. 2.
C.ONSU LATE OF THE TiNITED STATES OF.AMERIcA,
Pictou, /ltgust 26, 8S39.
SiR: I beg leave to enclose to you copies of two affidavits of the master.and crew of the American fishing schooner Amazon, relating to her seizure
and detention by an officer of the provincial government at the Strait of
Canso.
I most respectfully solicit the favor of being infotrmed of the cause of
saidl seizure; and also, if there has been no sufficient reason for the detelntion of the Amazon, as would appear by these affidavits, whether the government of the province will be disposed to grant redress to the parties who
lave thereby sustained such serious and unmerited injury.
I have the honor to be, sir, your most obedient and very humble serva t,
JAMES PRIMROSE,
Consul U. $, A.
The, HlDon. Sir RUPERT D. G:ORaGE,
Provincial Secretary,    Ikc. kc., Halifax.




[ 100oo                           76
Personally came and appeared before me, James Primrose, consul of the,
United States of America, at Pictou, in the province of Nova Scotia,
George W. Taylor, master of the schooner Amazon, of Gloucester, in the
State of Massachusetts, in the United States of America; and William
IBiber, Tobias Nash, James Claney, Edward Claney and John Copeland,
all of Gloucester aforesaid, composing the crew of the said vessel; who
severally declared that the said vessel having on board fishing stores and
supplies, they, the said appearers, set sail in her from Gloucester on the
30th day of June now last past, bound to Labrador, to fish for codfish;
that the said vessel arrived at the Gut of Canso on the 4th day of July last,
and camle to anchor there at Steep Creek cove, for the purpose of procuring
wood and water; that, on the next day, said appearers took on board said.
vessel two barrels of water and two cords of wood; that, thereafter, said
vessel remained at anchor there until the morning of Sunday, (the 7th,) on
account of the weather being so very foggy that at no time during the said
period could appearers discern objects at a distance of thirty orforty yards;
that, on the morning of the said 7th, one Duncan McMillan came on board
and seized the said vessel, and turned all the said appearers, except the
master, on shore in a destitute condition; and the said appearers do severally most solemnly declare that there were no articles on board the said
vessel wheln she left Gloucester aforesaid, but such as are usual and necessary for such voyages; and each appearer, for himself, respectively, declares
that no article was sold or delivered from the said vessel, with his individual knowledge or belief, from the time the said vessel sailed from Gloucesteir
aforesaid until she was so seized; nor was any act or thing committed or
done by either of the said appearers, respectively, which, to the knowledge
of the said appearers, could give any color or pretence for said seizure.
And each appearer, for himself, fulrther declares that, during the time
vwhich the said vessel remained at anchor at the said Steep Creek cove, as
atoresaid, no person whatever w;rnsed or requested himn to remove the saAi
vessel therefrom.
GEORGE W. TAYLOR,
WI2;LL AM  BIBEI-R,
TOBIAS NA SH,
JAMES CLANEY,    his x mnark.
EI)WAPRD  CLANEY, his x mark.
JOHN COPEL AND.
Sworn to, at Pictout  Nova Scotia, this 26tl day of August, 1839, before
JAMES PRIMROSE,
Consul of' the United States of!,merfica.
Personally came and appeared before me, James Primrose, consul of the
United States of America, at Pictonu, in the Province of Nova Scotia,
George W. Taylor, master of the schooner Amazon, of Gloucester, in theState of Massachusetts, in the said United States, who declared that, in
addition to the facts sworn to by him this day, in a joint affiidavit with the
crew of the schooner Amazon, of Gloucester, relative to the seizure of said




77                          [ [100 ]
vessel at the Gut of Caaso, the following circumstances occurred: That on
the arrival of the said vessel at the Gut of Canso, on the fourth day of July
last, as stated in the said affidavit, one Duncan McMillan came on board
the said vessel, and showed appearer his commission from  the government
of the province of Nova Scotia as seizing officer and collector of light duties; that the said McMillan demanded from appearer four pence per ton
register of said vessel, as light-duty, which appearer paid in silver money,
and asked said officer if he could be allowed to take on board wood and
water there; to which the said officer replied, that he could take on board
as much of both as he wanted, and pay for the wood in goods, if he pleased.
It being very foggy, appearer asked if he must leave Fwith his vessel as
soon as he got the wood and water on board; to which the said officer replied, that he might stay there as long as he pleased. That the said vessel
being detained there by foggy weather for three days, the said officer came
on board of her on the morning of Sunday, (the 7th,) and seized her, stating to appearer that he had received information that appearer had landed
goods; that the said officer turned the crew of the said vessel on shore,
and carried her to Arichat, appearer remaining on board by permission of
said officer; that, on their arrival at Arichat, the vessel was hauled into a
dock, and the cargo landed, examined and put on board again, with the
exception of some articles, which, together with "the sails of said vessel,
werne stored; that the said officer, together with four men, remained on
board of said vessel at Arichat for four days, and lived on her provisions,
aithough appearer remonstrated against such conduct; but receivetl for
answer from the said officer that the vessel now belonged to him.  That
said appearer, after endeavoring, unsuccessfully, to get his vessel released
at Arichat, proceeded to Halifax, where the United States consul informed
him that an order had been sent to McMillan from the government, directing him to release the said vessel; that, on appearer returning to Arichat,
he was furnished with the following copy of a letter, said to be addressed
to the said MlcMillan by the attorney general of Nova, Scotia:
C" ADVOCATE GENERAL'S OFFICE,
"Halifax, July 24, 1839.
a SiR: I ihave read your account of the seizure of the American schooner
Amazon, and the affidavit enclosed; and, although the conduct of the nmaster appears to have been indiscreet, I cannot see any just grounds for her
longer detention; and you will therefore not proceed further in this case,
but allow the persons who may be entiled to receive the vessel.  It must
be, however, understood by them, that they cannot continue from day to
day in our harbors without. a sufficient excuse, which I do not find: in this
case for the unusual delay which led to the seizure.;' I am, sir, your humble servitnt,
"S. G. W. ARCHIBALD.
Mr. MCMIuLLAN, Ga ysborough."
That the said MecMillian refused to release appearer's vessel unless appearer would discharge a bill presented by said MlcMillian, of which bill
the following is a copy



[ 100l    ]                       78
Captain Taylor, master of the schooner Amazon,
To DUNCAN MCNTILLAN-r D.
1839. To sundry attendance on said vessel -------------— ~- 21 10 O
James Turnbull's fees ---------- ---------- -    1  3 4
Mr. John Bullanm's charges for wharfage, storage, &c.    7 11 I
Lauchlin McLean's bill for wathing vessel -3 10 
~34 14 6
That appearer being reduced to the alternative of paying the demand, owr
leaving his vessel in the hands of said McMillan, chose the former, and'gave a draft on his owners for the amount; on which his vessel and stores
were delivered to him by said McMillan, with the exception of a rifle ancd
a musket, which the said officer took possession of, saying to appearer -h,
thought they would get rusty on board the vessel, andl he wuld take care
of them; and they were not returned to appearer, although he demanded
them from  said McMillan.  And the said appearer further declares, that;
the said vessel was detained in the possession of the said officer from the
7th day of July last, until the 21st day of the present month, being forty —
five days, which detention has ruined his voyage, deprived the owner of
the power of procuring the bounty for the vessel for this season, a'nd,
together with the other heavy expenses incurred by appearer, the whole
tosm to the owners and crew  of the said vessel, in consequence of such.
-eizure, cannot amount to less than from  two thousand to two tothousandPi;ve hundred dollars.
Appearer further declares that he paid five dollars in silver money ifc.r
the two cords of wood referred to in the joint affidavit of himself and crew-,
of this date, as taken on board his vessel at Steep Creek cove.
GEORGE   W. TAYL01R.
Sworn to at Pictou, this 26th day of August, 1839, before me,
JAMES PRIMROSE,
Consul of the Uniited States of A/n?,erica
PROVINCIAL SECRETARY'S OFFICE,
Hali/az, September 3, 1839.,
Sin: I have laid before the Lieutenant Governor and her Majesty's
Council, your letter of the 26th of August, transmitting copies of two afidavits relating to the seizure and detention of the American fishing vessel.
Amazon, by Mr. Duncan McMillan; and am directed to acquaint you that
copies thereof have been forwarded to McMillan, who is directed to repaiji
to Arichat on Monday next, in order that his conduct on this occasion m, ay
u-ndergo a minute investigation: before the attorney general, on the re-eli:t
of whose report it will becomne Iny duty to address you again on the
xulbject.
I have the honor to be, sir, your maost obedient servant,
J1UPERT D. GEORGET'3;t.v.PnIUntC f Etq.,
Coiud. LJ itv;.tt St$; r  tt~we




79                         [ 100'
No. 3.
CON'SULATE OF THE UTNITED STATES OF AMERICA,
Pictou, September 28, 1839.
SiR: It becomes my duty to call your attention to the enclosed copy of
an affidavit of the master of the American brig Emerald.
The conduct of the collector of light-dues at the Strait of Canso towards
vessels of the United States bound to this port, continues to be characterized not only by a total want of courtesy, but very frequently assumes t.he
aspect of open and wanton aggression.
In the hope of receiving your reply to my note of the 15th of July, I
have refrained froan multiplying complaints; but the nature of the outrage
committed on the Eraerald requires that I should make the government ofc
this Province acquainted with it.
With great respect, II have the honor to be, sir, your most obedient ai.xd
humble servant,
JAMES PRIMTROSE,
Consul of thtle United States of Antmerimca
}lon. Sir R. D. G-EORGE,
Provincial Secretary, ac.,.Ialif(ax.
Roderick McKenzie, master of the brig Emerald, of Salem, in the State
of Massachusetts, in the United States of America, maketh oath and saith:
That, on Sunday morning last, the 22d instant, while the said brig was riding
at anchor, wind-bound, at the Strait of Canso, on her passage from Boston
to Pictou, she was boarded by Duncan McMillan, who demanded to see
the ship's papers, which were shown to him by deponent.  The said
McMillan then demanded from  deponent four pence per ton register as
light-dues; but deponent informed him that he had not the means of dscharging the claim there, but would pay it at Pictou.
McMillan then requested deponent to give him an order on sonme person
at Pictou, which deponent declined to do, saying there was no person there
on whom  he had any authority to draw. McM illan then left the vessel.
About six hours afterwards, when the said vessel was under sail for Pictou,
she was boarded by three armed boats, containing about sixteen men, and
taken possession of by the said McMillan, but was released on deponent's
signing a note-of-hand, payable to the said MciMillan or his order on (den.ad, for the araount of the light.-duty.
RODERICK McIKENZIE:
Sworn to at Pictou, this 24th day of September, I.839, before me,
JAMES PRIMROSE,
Cszul <of the United States of r;nmeriwe^.
PR.~tVINCIAL SECRETALnY'S OFF'ICE,
Halifiax, September 30, 186t9.
S i  I[ have the ho-ior to ac naowiedg,,e th r ecgeipt of your letter of fLr
26th  instant, enclos %g a.copy of an aid: t o o.     s   of th t   A.:.ij




lo100]                            80
can brig Emerald, relative to the conduct of Mr. Duncan McMillan, collector of light-dues in the Gut of Canso.
Various other complaints against this person having been made to the
Lieutenant  Governor, the attorney general is directed to inquire minutely
into them; and as McMillan may be hourly expected here, I hope to be
soon able to reply to the several communications which it has been your
duty to address to me on the subject of his alleged misconduct.
I haYve the honor to be, sir, your most obedient, humble servant,
RUPERT D. GEORGE.
J:sE:s PRIMROSE, Esq.,
Consul of the United States of  mzierica, Pictou.
Unitfed States Consul at Pictou to.Mr. Forsyta.
UINo. 14.]                   CONSULATE OF THE UNITED STATES,
Pictou, JVovember 18, 1839.
Sin:  I have the honor to acknowledge the receipt of your letter of the
1st ulttimo, and to transmit herewith a copy of a letter which I have just
received from the Secretary of this province on the subjects which I brought
under your notice in my last communication to you, dated the 10th ultimo.
Vessels of the United States trading to this port have paid upwards of'
$2,800 for cc light-dues" during the present year; the aggregate of the tax
is greatly increased from the circumstance of its being also collected each
voyage from all American fishing vessels (and they are very numerous)
using thle passage ol Canso strait.  The claim set up by the province of
Nov'a Scotia, of an exclusive right to the Strait of Canso, is deserving of
consideration.  If this claim  be admitted, the provincial government may
at any time impose such restrictions on its navigation as would amount to
a prohibition of its use as a commodious access to the fishing grounds inr
the Gulf of' St. Lawrence.
In my letter to you, (No. 11,) dated the 11th March last, I anticipated
the diTifhculties which the fishermen have subsequently experienced upon the
coasts of this province.  There can be no doubt that some of them were
uirlyl chargeable with infringement of the treaty; I think it equally certain
that the excess of' zeal displayed by some of the provincial officers in the
exercise of their authority, has in certain cases led to unwarranted inter-:ference with the rights of the American fishermen, and the liberty of their
-vessels. I think it is absolutely necessary for their protection that there
should in future be at least one small vessel of war commissioned to cruise
on the ilshing grounds during the summer months, commanded by an active
and experienced officer, qualified by prudence and firmness to caution the
fishermen against all violation of the treaty, and to guard them vigilantly
-from every improper molestation.
I have the honor to be, sir, your most obedient and humble servant,
JAMES PRIMROSE, Consul.
HMo. JOHN FoRSYTI,
Secretary of State, Washington.




81                         [100]
[With Consul Primrose's.No. 14.]
PRo'INCIAL SECRETARY'S OFFICE,
Halifax, November 9, 1839.
SIR: The attention of the Lieutenant Governor and her Majesty's Council having been directed, by your letters of the 15th July and 26th September last, to the mode of collecting light-duties firom American vessels
in the Gut of Canso, that subject has received the best consideration of the
board; and I am directed to acquaint you, with reference to the particular
cascs which you have brought under his Excellency's notice, that the taking
of merchandise or ship's stores, instead of money, in payment of lightduty, (as in some few cases appears to have been done,) is, under any circumstances, unauthorized on the part of the collector.  The collectors
have accordingly been informed that such a proceeding is irregular and unlawful, and must on no account be hereafter resorted to; and it has been
further intimated to them, that when the light-duty has been incurred, andl
its payment after demand has been refused or neglected, the vessel is liable
to seizure; but that the law does not give warrant for the use of violence
in bringing vessels to in cases where no previous demand has been made;
and that the exhibition of fire-arms, while in the performance of their
office, is highly reprehensible. The collectors are also instructed not to
demand light-duty from vessels bound to Pictou, unless they come to anchor
in the strait.
With respect to the concluding paragraph of your letter of the 15th of
July, I have it in command to remark that his Excellency cannot admit the
character given to the Gut of Canso as a part of the high seas until recognized by some authoritative decision, as the correctness of its application
to that narrow passage lying entirely between the lands of this province
may be questionable, more especially as an open communication around the
eastern end of the island of Cape Breton is to be found on the high seas to
the Gulf of St. Lawrence, or any other point to which the Strait of Canso
can be made subservient.
I3 take this opportunity to state that the case of the American schooner
Amazon, which was the subject of your letter of the 26th of August, remains under consideration; all the information with respect to it, which is
desired, not having been yet obtained.
I have the honor to be, sir, your most obedient, humble servant,
PRUPERT D. GEORGE.
JAMES PRIMROSE, Esq.,
American Consul.
VLExtract.]
United States Consul at Pictou to JMFr. Forsyth.
CONSULATE OF THE bUNITED STATES,
Pictou, March 24, 1840.
SIR:        I have received no further reply to
my application to the Government of this Province, respecting the detention of the Amazon, than that contained in the letter of the provincial
Secretary dated the 9th November last.
TM -5




The (as I apprehend it) ugjust'ifiale. detention of that vessel led, not only
to the destruction of her intended voyage, but, as I ani informed, to her
total loss i.n a gae on the coast oft Cape 1Breton, soon after she was released.
During the p,.ast season I heard of several similar causes oi complaint
as having occurred in my consulate; but as I had not the means of authenticating them, I refrained from makirg them tiJe subjects of communication)
to your department.
I feel bound, however, to state as my belief,.that, although there maqy
have been good grounds for the condemnation of some vessels, for infringenment of the convention of 1818, there has also been, on the part of some of
the subordinate officers of the provincial government during the past sea-~
son, not a little improper interference with the tights of the American fishermen; and, judging from the manner in which the subject has been taken
up by the legislature of this Province, now in session, I fear that a repetition of such acts is more likely to be overlooked than reprehended by the'provincial authorities~
Collector at   renchman~rs Bay to ~Mr. Forsyth.
DISTRICT OF FRENCHMAN'S BAY,
Collector's Offi ce, Ellsworth, July 15, 1839.
SIR: The schooner; Charles, Captain Benjamin S. Moore, fitted for the
Magdalen Islands herring fishery on the 27th of April last; and after
making her fare, on her return put into the harbor called Pirate cove, near
the big gut 01f Cans,( and ha d not l    hin there twenty. two hours, when the
schooner was boarded by an oficer of the revenue, called a seizing oficer,
and by hitm iaken possessio.n  of and carried to Guysborough.  r'he only
pretence for this seizure was, that the schooner was under codfishing'
license, and had on board Ihe rrrngs.  The vessel, after a detention of nineteen days, was given up by directions from Halifax.  That at the time of
said seizure, nthe officer took from  3him  ten barrels of his herrings, which
have never been returned; and the  remainder of his cargo, by the detenti;oi, has been nearly all lost.  The name  of the seizing officer was Joh-n,
G. Marshall.
Captain Benjamin  Moore -is a very poor ran, and totally unable to bear
such a loss.  It is at his reques;t I write to solicit the aid of the government in his belfalif knowing of no manner in which he can obtain comnpensation for his losses from  this fBritish o 1cer, but through  his ovwn goveminent.
I am, very respectfulyl, sir, y'our obedient servant,
EDWARD S. JARVIS.
Hlon JoHN FORSYTH,
Secretary of State.




83                                Io a0.Mr. Woodbc'ryi to the acJiyn~                arer afcfay ri S.tate.
TREAS0UaY DDv- PA.1aTMTEhTiT, IJ2Uga1td b, 1839.
SIR: I have just received from the State Department a letter addressed
to it from Judge Parris, enclosing another from (olonel Thayer, of Lubec,
in respect to certain difficulities with the British$   ruisers anrd citizens in that
neighborhood.
On a perusal of them, I entertain no doubt that it is pruper for the State
Department to lay those letters before the President fGr his instructions as
to what remonstrance should be made  to the British authorities on the
subject, and as to the expediency of' having a vessel of war visit the coast
for the preservation of tranquillity.
This department not appearing to have any power over the r matter, the
letters are returned, in order that, if deemed proper by you, they may be
forwarded to the President.
Respectfully,
LEVI WOODBURY,
S"ecretary of the Treasury.
A. VAIL, Esq.,
~.cting Secretary /' State.
[EniVosures in the precedi~ug.
W'AssMINGT-,  Juty 31a, i839.
Sin   The writer of the letter of' which the enclosed is a copy, is a gentieman of high respectability in Maine, whose representa tions are entitled
to entire credit.
At his request, I coommunicate the facts contained in his let ter to the
Secretary of State of the United States.
I have the honor to be, sir, with great respect, &c.,
ALBION K.          T,
The,rFCe-ERvRV   01v SoTITE.
Ln)BEC, uJtEly 02   1839.
SiR; I have this morinig been informed that some depredations }:ave
already been made upon Grand Menan by oura fishing vessels, that nlow
number four or five hundred in the Bay of Fundy, and that a serious
attack is in contemplation.,:
The complaints of the inhabitants of this island have resulted ifn refusing
to our vessels any shelter daring bad weather.  They are indiscriminately
ordered to sea.  Three of her Britannic Majesty's armed brigs are cruising
in the bay, for the avowed purpose of clearing the coast of our vessels,
Nearly one hundred of our vessels, thus driven from positions secured to
them by treaty, are in our harbor and know not what to do.  Their licenses
are endorsed by the commandants of these British vessels as follows:  " Found
within the limit prescribed by treaty, and ordered off."  One license I saw




[ 1Of)]                            84
yesterday eldorsied:  Found fishizng within the limits prescribed by treaty,
July 17, 15(39. —*.  B. Tarlton, Lieutenant H. B. M. brig Ringdove."
The master of this fishing vessel (schooner Daniel, of Waltdoboro') told
me that he had been lost in the fog, and used a fishing lead and line to
sound with, and that this lead hung over his quarter when boarded.
Towing our vessels indiscriminately to sea, whatever may be the state of
the weather, is justified upon the ground that our vessels have no right to
enter the Bay of Fundy, much less any of the bays and creeks of the Bay
of Fundy.
Our fishermen are generally armed, and w-ll. not bear these indignities.
They can furnish some thousands of as fearless men as can be found anywhere, at short notice; and, unless our government send an artned vessel
here without delay, you will shortly hear of bloodshed  five hundred fishermen, with an average crew of ten men, will not long suffer thle tyranny
of druAnker lieutenants in the British navy.
Please lay this matter before the proper authorities, and oblige your very
humble servant,
SOLO. THIAYER.
Hon. A. K. PARRIs,
Second Comptroller, Washington.
First Comptroiler  to Mr. Woodbury.
TREASURY DEPARTMENT,
First Comptroller's Office, June 17, 1839.
SiR: The communication of AMessrs. B. and J. M. Leavitt, in reference
to the treaty stipulations by which our fishermen are regulatel, presenting
a question of a diplomatic character, it is respectfully conceived ought to
be submittedl to the Secretary of State.  I therefore return it enclosed.
I arn, very respectfully, your obedient servant,
J. N. BARKER, Comptroller.
HIon. LEvi W ooDs-~B -
Secretery of tie Treasury.
rEnclosure in the precedlng.]
BosToN, June 1.3, 1839.
SiR: Difficulties having occurred in relation to our fishing in the Bay of
Chaleurs, Gulf of St. Lawrence, Bay of Fundy, and on the coast of Nova
Scotia, we request the favor of instructions as to the fact whether any other,
or those treaty stipulations of 1783, are now the regulations by which our
fishermen are to be governed.
Very respectfully, your obedient servants,
B. & J. M. LEAVITT.
Hon. LEVI  WooDBuvY,
Secretary of the Treasury.
P. S.-We wish an answer for publication to our fishermen, should -the
department have no objection to our adopting that course.
I -ay aot iave the initials of the name correct.




85                           [ 100
Collector oJ Boston to XMr. Woodbury.
CUSTOM-HOUSE, BOSTON, June 27, 1839.
SIR: The naval officer of this port has, at my request, addressed me a
letter on the subject of the late cruise of the Hamilton, in which he bore a
part.  I enclose a copy of it.  I enclose, also, a printed copy of Mr. Grantham's letter.
Captain Sturgis has performed his duty entirely to my satisfaction, and
has confirmed the high opinion I had heretofore expressed of him.
Very respectfully,
GEORGE BANCROFT, Collector.
Hon. LEVI WOODBURY,
Secretary of the Treasury.
[Enclosures in the preceding.]
NAVAL OF6FICE, BOsTo.n  J'une 27, 1839.
Sip: In reply to your note of yesterday, asking me to state such facts as
may have come to my knowledge in relation to the late seizures of Armerican fishing vessels by the British government, I have to say, that during
the past week I visited Yarmouth, in the Province of Nova Scotia, and its
immediate neighborhood, in company with the officers of the United States
revenue-cutter H-amilton, by your permission  with a view to ascertain the
names of as many as possible of the American fishing vessels now seized
and detained by the British government, with the alleged causes of their
seizure and detention. The statement of Henry A. Grantham, esq., our
consular agent at Yarmouth, made at my request, and addressed to the
commanding officer of the Hamilton, exhibits very fully the facts in relation to the seizure of four of the vessels in question.  While at Yarmouth, I
i"lad the pleasure of meeting very many highly respectable and intelligent
gentlemen of that town, who seemed deeply to regret that their own governnment offcers should have proceeded with so much rigor against the
American fishing craft, believing with the consul and the Americans generally, that, in a majority of cases, the seizures had been made for causes of
the most trivial character.  It is perfectly certain that our fishermen must
have the right to resort to the shores of the British provinces for shelter in
bad weather, for fuel, and for water, unmolested by British armed cruizers,
or this important branch of American industry must be, to a very great
extent, abandoned.  It affords but poor consolation to the fisherman, whose
vessel has been wantonly captured, and who finds himself and his friends
on shore among foreigners already sufficiently prejudiced against him, without provisions and without money, to be told! that the court of vice-adrniralty will see that justice is done him, and that, if innocent, his vessel will
be restored to him,  The expenses of his defence and the loss of the fishing season are his ruin.
These seizures are made under a colonial law of the province of Nova
Scotia.  I could not learn wvhat disposition is made of the property seized,
after it is decreed forfeited; but I believe it is divided among the persons
making the captures.  If this be the fact, it will sufficiently explai-n any
discrepancy in -the testimony of the witnessesj whichi may appear in Mr.




Granha-ia.&s state nset; and it wvill aiso, perhaps, explain tne eagerness with
~whieh'tlhece fishing vessels seem to be taken and carried into port for trial.
I learned in Yarnsouth, andi also on t;he American coast, in the State of
ifJaine, whrie ou- vesse1 touched for the purpose of landing the two destittulte fisherith mtnentioned by Mr. Grant thlm, that many more of our vessels
hai been sei].ed during the present season, at the Gut of Canso.  Some of
these selzures ha ve been mnade bfor other and different causes from those now
detained at Yarmouth.  The oficers of the British cruisers accuse the maSter; of tih-se cS sse1s of carroying on an illicit trade in the articles of tea and
tobacco with the British subjects of Nova Scotia.  I have, from  the best
authority, the:ahcts in one of these cases: The captain of an American fishig, schooner  had on board, among other ship's stores, half a keg of tobacco
for the use of his crew. An inhabitant of the province caine on board his
vessel, and, after great  importunity, persuaded the American to let him
have a  w pounds, fo;which be paid in a small quantity of wood.  The
purchaser of the tobacco immediately informed the officers of the government; and the -vessel, her cargo, and provisions, are now under seizure for
th7is o~ffme,,  Jt is, of conrse,, impossible to predict the result of the examinwtion of all the cases in the court of vice-admiralty at Halifax, where they
are now pending.  The owners and persons interested hope, however, that
that tribunal will discriminate between cases of a flagrant and premeditated
violation of the treaty and the laws of the provinces, and the mere trivial,
unimportant,,and fortuitous offences which are described in Mr. Grantham's
statement, and which are known to many other persons to have been hastily
and very imprudently brought up for adjudication.
In conclusion, permit me to add, that we were received with great courtesy and kindness by the public officers and citizens of Yarmouth; and
that we are underVspecial obligations to Mr. Grantham, our consular agent,
for the v-ry pru'plt:rnd obliging manner in which lie furnished all the information in his power upon the subjct of our inquiry.
i amn ver:y respectfully, your obedient servant,
ISAAC  0. BARNES,.arvava 0 ficet.
To GEORG(E BANCROFT, ESq.,:T. S. Collec/tor,;&c., Boston.
CoNs-ULATrE o0  THr  UNI.TED STATES,
Yarmouvth, N. S., June 18, 18439.
SiR: At your request, I enclose to you an abridged statement of the depositions of the masters and crews of the four American fishing schooners lately seized by the commcander of the British government vessel Victoriy, and'
now lying detained in this port;  together with a succinct account of my
proceedings upon the application to me for assistance by the masters of
these vessels.
Upon the 27th day of May last, application was rmade to me, as the consular agent of the United States at this port, by William Burgess, master of
the American fishing schooner  "Indepen-dence," for advice and assistance,
lunder the following circumstances: On Sunday, the 26th day of May last,.
while lying  at andiL or in the Tusket Islands, near the coast of this province,
the said schooner -was boarded, and, with her cargo and papers, seized and
taken possession of by It e c0ornma, der antd part of the crew of the British




87                         E D100 3.overlnment vessel'; Victory," for an alleged infraction, by the crew of the
~ Independence," of the treaty between Great Britain and the United States,.and the laws of this province for the protection of the British fisheries.
The schooner was brought into this port stripped of her sails and part of
the rigging, and the master and crew obliged to leave her. Depositions of
the master, William Burgess, and of the crew, Benjamin Sylvester, Samuet
C. Mills, Ezekiel Burgess, and Samuel Burgess, all of Vinalha.ven, in thi
State of Maine, were taken to the above facts, and also to those which follow. They deposed that the schooner Independence, of the burden of
thirty-one tons, or thereabouts, and belonging to Vinalhaven, was fitted out
and cleared from that port on a fishing voyage into the Bay of Fundy, on
the 10th day of April last; and that they continued to fish in the bay (never
at any time at a less distance from the coast of Nova Scotia than fifteen
miles) until about the last of April of the present year, when being in want
of water, and it blowing very heavy, they stood in for the coast, and anchored in the Tusket Islands, where they remained about twenty-four hours.
At the expiration of that time they again put to sea, and remained upon
the fishing-ground until the 25th day of May last, when, the compass having been accidentally broken, and there being no other on board, they again
stood in for the coast, intending to make the port of Yarmouth, for the purpose of having the compass repaired, and of procuring a supply of water;
but the wind being adverse and very violent, and the weather thick and.
hazy, they were unable to make that port, and were obliged to take shelter
in the Tusklet islands for the night, at which place they were seized the
next day, as before mentioned.
The master and crew of this vessel deposed, most solemnly, that no fish,
of any kind or description, had been taken or ca.ught by them during the
present season, or since their departure from port, either in the Tusket
islands, or at any distance nearer to the coast of Nova Scotia, or of any of
the British possessions in America, than fifteen miles; and that at no one
time did they remain at anchor in the said islands, or in any port on the
coast, for a longer space than twenty-four hours. They however admitted.
that, at the earnest solicitation of an inhabitant of the Tusket islands,
(whose name was to them unknown,) they did, for one night lend their nets
to him, and that they received from him, on the following morning, a few
herrings.  This occurred but once, and for one night only; they never having remained in the islands for two consecutive nights.
The master of the American fishing schooner Magnolia, seized at the
same time and place, deposed, in substance, to the same effect as the foregoing, except that they had not lent or parted with their nets.  They tleny
uost positively having fished, or attempted to take or catch fish, within
fifteen miles of the coast of this province during the present season. The
Magnolia is of the burden of thirty-seven tons, or thereabouts; belongs to
Vinalhaven, and was fitted out and cleared from  that port on a fishing
voyage into the Bay of Fundy: she sailed from that port on the 26th day
of April last, and was twice in the Tusket islands for shelter and for wood
and water during the present season. The master's name is George Poole,
the names of the seamen are William S. Coombs, David Lane and Samuel
Clark, all residing at or near Vinalhaven, in the State of Maine.
The master of the schooner Java acknowledged that he and his crew had
taken fish in the islands, and was aware that the fact of his having done so
could be proved against him. We therefore declined to make any effort for




L 1oO ]                           88
his relief.  The Java was fitted for a fishing voyage into the Bay of Fundy,
and belonged to Vinalhavenr; and she was seized at the same time and place
as were the other two vessels befobre mentioned. Isaac Burgess was master;
the crew were George McFarland, Charles J. Perkins and Thomas McFarland, all residing at or near Vinalhaven.
A few days subsequently, (on the 31st day of May last,) another application was made to me by James Turner, the master of the American fishing
boat Hart, of Deer Island, in the State of Maine, who deposed that the
boat was fitted out on a fishing voyage into the Bay of Fundy, about the
last of April of the present year; that they had frequently been into the
Tusket islands to seek shelter, and to obtain wood and water; and once
only they anchored in this port, having come hither for the purpose of hiring
an additional hand. They continued to fish until the 30th of May last,
when, being at anchor in the Tusket islands, the vessel, cargo and papers
were seized and taken possession of by the commander of the Victory, who
brought the vessel and cargo into this port, and obliged the master and
crew to leave her. They state most positively that they have not, since
their departure from the port of Vinalhaven, taken or caught fish of any
kind or description within fifteen miles of the coast of Nova Scotia, or of
any of' the other British coasts; nor did they at any one time remain in or
among the said islands for a longer space of time than twenty-four hours.
They state, however, that the master and Hiram Rich, one of the crew,
did receive from Benjamin Bro-wn, the master of a British fishing vessel at
anchor in the said islands, about two barrels of herrings, given to theI by
Brown, to recompense them for their services in assisting him for one night
at his request, in clearing his nets of herrings, salting and curing his fish.
This took place during one night that they came into the island for wood
and water.  This statement is corroborated on oath by Hiram  Rich and
Albert Douglass, two of the crew of this boat, and by --  Powers, a resident of this place, the additional hand above mentioned, who deposed to
-'he truth of the statement of the master and crew, subsequent to the time
of his engagement with them; before which time they had not proceeded to
fish at all.
Benjamin Brown, a resident of Yarmouth, and a person of much respectability, deposes, that he first saw this vessel, the Hart, in the Tusket
islands, on the first of May last; she having then but just arrived, as he
believes, from Deer Island, and not having been in the islands before, during
the present season.  He further states, that afterwards this boat frequently
came into the islands, at tinmes when the state of the weather wras such that
the safety of the vessel and crew would have been endangered at sea; and
at other times, as he believed, for wood and water, having frequently observed them  proceed to the shore and bring therefrom  a supply of those
necessaries.  He was, to the best of his belief, aware of the boat's arrival
-whenever she came into the islands, her place of anchorage being close to
his vessel; and he says that the boat never remained in the said islands, at
one time, for a longer space than twenty-four hours.  He usually witnessed
the boat get under weigh, and she always stood directly out to sea. He had
frequent opportunities of observing the conduct of the master and cre w of
this boat, and he verily believes that no fish of any kind were taken by
them in or near the said islands, subsequent to the 1st of May, the date of
his arrival there; nor does he believe that they came there for the purpose
of fishing or setting nets  and thiat, had they done so, he must have been




89                         [ 100 ]
aware of it, as the boat always anchored close to his vessel. He further
stated that, at his request, the master of the boat and one of the crew
named Rich, assisted him for one night in clearing his nets of herrings and
in salting his fish, for which service he gave them two and a half barrels of
herrings; and that he had seen the nets seized on board the boat, and that
the meshes were too small to admit of the taking by them of any description of herring that had been upon the coast during the present season.
These depositions I enclosed to John Morrow, esquire, United States
consul at Halifax, for the purpose of using them to assist him in his endeavors to effect'the release of the Magnolia, Java and Hart, on the plea of
their having been seized and detained on insufficient grounds.
The masters of these three last named vessels, by my advice proceeded to
Halifax, where they now are awaiting the decision of the government officers there, whether they will be obliged to contest the legality of the seizares in the court of vice-admiralty at that place.  I have received no information from thence that can be depended upon, as to the probable issue
of the exertions already made and now making in behalf of the owners
-and others interested in these vessels.
The affidavits which have been made to substantiate the legality of these
seizures are:
1. That of John McConnell, of this place, who deposes that he did see the
crew of the Java, between the 11th and 27th days of May last, in the
Tusket islands, put their nets into the boat belonging to that ves sel, and on
the following morning he saw them return with a quantity of fish, wh[ich
was repeated four or five times during the above mentioned period; and
that the skipper of the Java acknowledged to him that he had taken fish
within the prohibited limits for bait. HEe further states that on Sunday,
the 26th of May last, he saw on the deck of the Java, then lying in the
Tusket islands, a quantity of gurry, which the crew said was from about
three quintals of fish caught the day before, and that he, (the master,) and
crew threw the same overboard, being then about two miles from Tebogue
Point, in Yarmouth.
2. The same person, John McConnell, further deposed, that he saw the
Magnolia, about two weeks previously, when at anchor in the islands, send
two boats away in the evening with nets, and return again trbe next morning
with fish; which also again took place for several successive days. He
further stated, that the crew of the Magnolia did, about the same timne,
acknowledge that they were then taking fish among the Tusket islands,
and had before been doing the same.
3. David McConnell, of Yarmouth, made oath that the skipper of the
American schooner independence acknowledged to him, on the 26th day
of May, that he had hired nets belonging to that: schooner to the skipper of
an English fishing vessel, to be set by him on shares.
4. Jonathan Baker, of Yarmouth, deposed that between the 11th and
1t8th days of May last he saw the crew of the American schooner Java,
then at anchor in the Tusket islands, put the nets out of the schooner into
the boats in the evenings of four different (lays, leave the vessel, and return
in the morning with the nets and a quantity of herring.
5. Joseph Darby, commander of the schooner Victory, deposed that he
did see from on board the said schooner Victory, then lying in the Tusket
islands, the crew of the American fishing-boat Hart cleaning fish on board
of that vessel; and that the master of the Hart acknowledged to him that




100 lo  90
he did about ii week previously pirocure from Benjamn i Brown tw o barrels
of fresh herrings for bait,
The crew of the Mag'nolia positively deny the truth of the depositions
tnade against them, and  they say that their vessel must have been mistaken
-or some other.  The crew of the Independence also deny having  hred their
nets.  And it is probable that the acknowledgment sworn to as made by
the masters has been misunderstood by the person to whom it was made;
the real admission having been the lendting the nets lor one night to an inhabitant of the Tusket islands, as is mentioned in the deposition of the master
and crew of the Independence.  I need not remark upon the insufficiency
of the evidence upon which tbe seizures of the Independence and Hart
have been made.  It consists entirely of verbal acknowledgments, which
may be, and usually are misunderstood or misconstrued, and can seldom be
correctly repeated; and indeed, taking for granted that the admissions
sworn to have been made by the masters of' tthese vessels, I cannot understand that they amount to evidence to authorize a seizure.
I may observe that these vessels have all been fitted out on shares; that
is, each man on board in lieu of wages receives a share of fish at the termimation of the voyage.  This circumstance may be of importance, as it probably may affect their evidence in the court of vice-admiralty.
I have at present at this consulate two destitute American seamen of t}he
boat Hart, (James Rich and Albert Douglas,) who, if not contrary to your
instructions, I have to request that you will receive on board the cutter
Hamilton, and land them at some convenient port in the United States.
The crews of the Java, Magnolia and Independence were put by me on
board of a British schooner, the master of which landed them at Castine,
in the State of Maine.  They were in a perfectly destitute condition, the
provisions and stores of the vessels having been seized.  I had therefore to
provide for them while they remained in this place, and to find them a passage to the United States.
I am, sir, your obedient, humble servant,
HENRY A. GRANTHAM,
Consular Jigent U. S. for thie Port of Yarmouth,. S.
JOSIAH STURGIS, Esq.,
Commander of the.American Revenue-cutter  Iamilton.
CUSTOM-HousE, BosTON, June 27, 1839.
I certify that the fbregoingr is a true copy from the original addressed to
Captain Sturgis by Henry A. Grantham, Esq.
G(. BANCROFT, Coalleclor.
Circular indstructions to Off cers of the cUStoms residing in collection districts where vessels are licensed for employment i',n the /sheries of t/e
Unzited States.
TRELAsatRY DEPARTMENT,.January 21, ].836.
Representations have been made to our government through the charge
daffaires of his Britannic Majesty, of encroachmlets by the American fish



ermen ullon the fishing-grounds secured  exclusively to British ish  ermen   by
the convention between the United States and Great Britain, bearing date
the 20th day of October, 1818.
The President, being desirous o:f avoiding any just cause of dissatisfaction
on the part of the British government on this subject, and vwith a view of
preventing the injury which might result to the American fishermen fromr
trespassing upon the acknowledged British fishing-grounds, directs that )yrou
will inform the masters, owners, and others employed in the fisheries in yourr
district, of the fforegoing complaints; and that they be enjoined to observe
strictly the limits assigned for taking, drying, and curing fish, by the fshermea of the United States, under the convention before stated.
In ordler that persons engaged in the fisheries may be furnished with the
necessary information, the first article of the convention, containing  the
provisions upon this subject, is annexed to this circular..,-~~ LEVI WOODBURY,
Secretary of the Trear y.
To the COLLECTOR OF -.
P. S.-The collectors of Portland, Penobscot, Bath, Boston, Porstsmunouth,
Gloucester antd Newport are directed to publish these instructions twice at
week for one month in each of the newspapers published at their respective
ports, and charge the expenses as incidental to the collection of the revenue.
Extract fr'omn the convention wit, Gereat Britain of October 20, 1818.
"ARTICLE.  Whereas differences have arisen respecting the liberty
claim ed by the United States for the inhabitants thereof, to take, dry arnd
cure fish on certain coasts, bays, harbors and creeks of his Britannic
majesty's dominions in America: it is agreed between the high contracting
parties that the inhabitants of the said United States shall have forever, in
commnon with the subjects of his Britannic Majesty, the liberty to take fish
of every kind on that part of the southern coast of Newfoundland which
extends from Cape Ray to the Rameau islands, on the western and northern
coast of Newfoundland; from the said Cape Ray to the Quirpon islands,
on the shores of the Magdalen islands; and also on the coasts, bays, harbors anrid creeks, from Mount Joly, on the southern coast of Labrador, to
and through the straits of Belleisle; and thence northwardly, indefinitely,
along the coast: without prejudice, however, to any of the exclusive rights
of the Hudson Bay company.  And that the America-n fishermen shall also
have liberty forever to dry and cure fish in any part of the unsettled bays,
harbors and creeks of the southern part of the coast of Newfoundland, here
above described, and of the coast of Labrador; but so soon as the same, or
any portion thereof shall be settled, it shall not be lawful for the said fishermen to dry or cure fish at such portion so settled, without previous agreement for such purpose with the inhabitants, proprietors, or possessors of
the ground.  And the United States hereby renounce forever any liberty
heretofore enjoyed or claimed by the inhabitants thereof; to take, dry, or
cure fish, on or within three marine miles of any of the coasts, bays, creeks
or harbors of his Britannic Majesty's dominions in America, not included
within the abovemientioned limits: Provided, however, That the American




[ 100o   ]                        92
fishermen shall be admitted to enter such bays or harbors for the purpose
of shelter, and of repairing damages therein, of purchasing wood and of
obtaining water, and for no other purpose whatever; but they shall be
under such restrictions as may be necessary to prevent their taking, drying,
or curing fish therein, or in any other manner whatever abusing the privileges reserved to them."
dteting Secretary of' State to the President of the United States.
DEPARTMENT OF STATE,
_tugust 14, 1839.
In obedience to the directions of the President, received at the Department of State on the 9th instant,'" to report to him the treaty stipulations
which bear upon the subject, (the seizure of American fishing vessels on
the coast of Nova Scotia;) the conflicting questions of right, if any, which
have arisen under them; and the nature and circumstances of the cases
which have been presented to this government by our citizens, as infractions of right on the part of the British authorities," the acting Secretary
of State has the honor to state:
That the only existing treaty stipulations bearing upon the subject are
found in the first article of the convention between the United States and
Great Britain, signed at London on the 20th of October, 1818, which is in
the words following:;"Whereas differences have arisen respecting the liberty claimed by the
United States for the inhabitants thereof to take, dry and cure fish on certain coasts, bays, harbors and creeks of his Britannic Majesty's dominions
in America, it is agreed between the high contracting parties, that the inhabitcants of the said United States shall have forever, in common with the
subjects of his Britannic Majesty, the liberty to take fish of every kind on
that part of the southern coast of Newfoundland which extends from Cape
Ray to the Rameau islands; on the western and northern coast of New-'
foundland, which extends from the said Cape Ray to the Quirpon islands; on
the shores of the Magdalen islands; and also on the coasts, bays, harbors and
creeks, from Mount Joly, on the southern coast of Labrador, to and through
the straits of Belleisle; and thence northwardly, indefinitely, along the coast,
without prejudice, however, to any of the exclusive rights of the Hudson
Bay Company. And that the American fishermen shall also have liberty,
forever, to dry and cure fish in any part of the unsettled bays, harbors and
creeks of the southern part of the coast of Newfoundland, here above deseribed, and of the coast of Labrador; but so soon as the same, or any porlion thereof, shall be settled, it shall not be lawfill for the said fishermen to
dry or cure fish at such portion so settled, without previous agreement for
such purpose with the inhabitants, proprietors, or possessors of the ground.
And the United States hereby renounce forever, any liberty heretofore enjoyed or claimed by the inhabitants thereof to take, dry, or cure fish on or
within three marine miles of any of the coasts, bays, creeks, or harbors of
his Britannic Majesty's dominions in America, not included within the above
mentioned limits: Provided, however, That the American fishermen shall
be admitted to enier such bays or harbors for the purpose of shelter, and ofa
repairing damages therein, of purchasing wood, and of obtaining water, and




93                          [  0oo ]
for no other purpose whatever; but they shall be under such restrictions as
may be necessary to prevent their taking, (drying, or curing fish therein, or
in any other manner whatever abusing the privileges hereby reserved to
them."
Under this articlei. American vessels are allowed, forever, to take, dry, and cure fish on
and along the coasts of Newfoundland and Labrador, within certain limits
therein defined.
2. The United States renounce, forever, any liberty before enjoyed by'
their citizens to take fish within three marine miles of any coasts, bays,
creeks, or harbors of the British dominions in Amnerica, not included within
the above limits, i. e. Newfoundland and Labrador.
3. American vessels retain the privilege (under necessary restrictions to
prevent their taking fish) of entering the bays, creeks, and harbors of said
possessions, for the purposes of shelter, repairing damages, purchasing
wood andt obtaining water, and for no other purpose whatever.
It does not appear that the stipulations in the article above quoted have,
since the date of the convention, been the subject of conflicting questions
of right between the two governments.  The rights of the respective parties are so clearly defined by the letter of the treaty, as scarcely to leave
room for such questions of an abstract or general character.  In their actual operation, however, inasmuch as their application on the part of Great
Britain was to be subjected to local legislation, and committed to the hands
of subordinate British agents, the provisions of the treaty might naturally
be expected to give rise to difficulties growing out of individual acts on
either side. The recent seizures appear to have had their origin in such
causes, like other causes of anterior date, to which a brief allusion may
here be useful.
In June, 1523, the Secretary of State addressed a note to the British
minister at Washington, complaining of the seizure of the schooner Charles,
and demanding reparation for the indignity offered to the American flag.
The answer of the British government was, that the vessel had been found
at anchor in a British harbor, which she had entered on a false pretence of
avoiding a storm; and had been legally condemned by the vice-admiralty
court of New Brunswick, for a breach of the convention of 1518, and of
the act of Parliament to carry the same into effect. The vessel was subsequently restored.
In September, 1824, a complaint was made to the British charg6 d'af.faires that several citizens of the State of Maine hadl been interrupted by
British cruisers, while engaged in taking and curing fish in the Bay of Fundy; and was accompanied by a similar demand of indemnity and reparation. The British charg6 d'affaires, in answer, promised to institute an
inquiry into the circumstances of the case, invited the United States to a
similar proceeding on theirlpart, and closed with a remonstrance against the
act of American citizens who, with an armed force, had rescued the seized
property from the custody of British officers.
In January, 1836, the British government became, in its turn, the complainant.  Its charge d'affaires at Washington, remonstrated against the
encroachments of American citizens upon the fishing grounds secured exclusively to British fishermen by the convention of 1818.  The result of
this complaint was a circular letter addressed by the Secretary of the
Treasury to the officers of customs in districts where vessels are licensed




-] 0                           94
for the fisheries, (directing them  to  impress the crews of fishinC; vessels
with a sense of the treaty obligations of their governmen t, and of the dangers to which they exposed themselves by encroaching upon British rights.
The receit cases of seizure constitute the last instance of alleged violation
of rights, and thle charge is laid to the British account.  The attention of
this department was first called to the subject by a reference by the Trrets-ury of a letter from B. & J. M. Leavitt, of Boston, asking for information
as to the existing treaty stipulations regulating the matter.'he inquiry
was answered by a reference to the first article of the convention of 1818.
On the 3d of July the Secretary of the Treasury referred to the department a communication from  the collector of Boston, transmitting a report
Ironm the naval officer who had been despatched to Nova Scotia with
directions to inquire into the alleged causes of the seizure and detention of
American fishing vessels.  The report, after alluding in general terms to
some of the seizures, refers, with regard to the particulars of four of the
cases then pending before the court of vice admiralty of Halifix, to a n
abridged statement, filrnished by the consular agent of the United States
at Yarmouth, of the depositions of the masters and crews of three American fishing schooners, viz: the "Independence," the "Magnolia," and the
h"Java," and the fishing boat "Hart."  The statement, with the report
accompanying it, is annexed, and contains the most detailed information in
the possession of this department in relation to the "nature and circumstances of the cases."
According to that statement, the Independence is alleged to have anchored in the Tusket islands, and, while there, hired her nets to an English fisherman, for the purpose of taking fish on shares.  The crew state
that they were forced to anchor there by stress of weather;  and that
their nets had been lent, and not hired, for -which they had received a few
herrings.
The Mlagnolia is charged with having been engaged in fishllg while at
anchor in the Tusket islands, and with the fact having been acknowledged
by the crew. This is denied; and the reason alleged for anchoring +withirn
iBrtish grounds is, want of shelter, wood and water.
The charge against the Java, of' having been engoged in taking fish ifn
he Tusket islands, is admitted by the master.
Against the IHart it is allegedt that her crew were seen cleanling fish ont-I
boardN while at anchor in the islands, and that her master hlad acknowledged rtat- he haad procured a quantity of herrings.  The taking of fish is
denied; and the Gact of the crew having been seen cleaning fish is explained
by stating   thaw two barrels of herrings had been received from a B-tritish
fisherman in reconmopense of services rendered.
On the 20th of July, a letter from  the consul of the United  States at
Halifax, dated the 27th of June, was received at this department, informling it of the seizure of the four vessels above referred to, and of seven
others, viz: the " Shetland," seized at Whitehead, near Canso; the' Charies," at Canso; the "Mayflower,"' and a schooner name unknowln,
at Guysborough; the "Battelle,"' "Hyder Ally," and "Eliza," at Bek6ver
harborO
The "" Shetland " was seized on the ground of the master having sold to
a lad who came on board, while the vessel lay at anchor in the harbor of
Whitehead, whither she had been forced by stormy weather, a pair of oil-.cloth trousers, ard small quantities of tea and tobacco. The master states




'that in doing so he yie-dek  i to the hinportudl.ties of tile la', whonl he
believes to havere been sernt purposely to enirap him  into an attempt at
smuggling.  He denies having caught fish within British limits.
With the exception of the "; Eliza," wShih was likewise compelled io
rmake a harbor by bad weather, and the crew ot which deny having takern
fish within the British.iimits, or hating solt or bartered any articles whatever, the particulars of the cases are not g-iven; but in cornmunications
addressed by the consul to the Lieutenant Governor of Nova Scotia, asking
his interfrence in behalf of'the owners of the seized vessels, he urges the
exercise of indulgence and mercy, on the ground that some of the sufferers
haad only erred in a slight degree either from  ignorance or temptalion, and
without intention to vi5olate regulations, o~ tnhe ex:istence of which they
might, perhaps, never have heard.
The communications froim  the consul to the Lieutenant Governor of
Nova Scotia, having been referred to the advocate general of the Province,
underwent examination, and a copy of his report accompanies the consul's'
letter to the department.  In this document, the advocate general denies
the power of the Governor to interfere or stay proceedings in the court of
vice admiraltv, which alone has jurisdiction over the subject matter.  He
adds, that several of the cases had been commenced during his absence,
and the evidence had not vet been submitted to him.
Commissions had been issued to take depositions in others. Three vessels had been proceeded against by him, and the examination had proved
that the crews of two of them had actually taken fish with set nets in Beaver harbor.  In all other cases, where the evidence had not been submitted
to himn it was to be called for before any further proceedings were had.
He concludes by stating that, where the evidence is not complete, no decree
will be urged by default, until ample time and opportunity be afforded for
defence, upon the most favorable terms that by law can be granted; anGd
that in any case'where there shall not appear good cause of prosecution, he
will exercise his own discretion in releasing the property.
From these statemernts it'will appear that the only cases of seizure ofvwhich anything  is 1known at t4he department, not being made on the coasts
of Newvfoundland or Labrador, occurred at places in which.,  ndier the conyentica  of 1_Sl8, t4he United Sitates had forever renounced the right of their
vessels to ~take, dry and cure fish; retaining only the privilege of enlering
them forJ the purposes of shelters, repairs, purchasing wood and obtaining
water, and no other. in the absence of information of a character suffit
ciently precise to ascer'tain ctither, on he one side, the rca! mnotives which
carried  the Aimeric.an vessels into British biarbors, or, on the other, the
reasons which induced their seizure by British authorities, the department'
is unable to state wh ther, in the cases under consideration, the're has been
any flagrant infi-action of the existing treaty stipulations.  The presunlption is, that if, on the part of citizens of the United States, there has been
a walnt of caution or care in the strict observance of those stipulations,
there has been, on the other hand, an equal disregard of their spirit, and of
the friendly relations which they were intended toz promote and perpetuate,
in the baste aind indiseliminate rigor with which the British authorities have
acted.
Under the supposition that many of the seizures had been made upon
Pnsuficient grounds, and in order, if possible, to preclude for the future the
ecurrexnce of such proceedngs, the acting Secretary of State, i a note




[ 100]                            96
dated the 10th of July, called the attention of the British minister to the
cases of seizure which had come to the knowledge of the department, and
requested him to direct the attention of the provincial authorities to the
ruinous consequences of the seizures to the owners of the vessels, whatever
might be the issue of the legal proceedings instituted against them; and to
exhort them to exercise great caution and forbearance in future, in order
that American citizens, not manifestly encroaching upon British rights,
should not be subjected to interruption in the pursuit of their lawful avocations. The President's directions, that a vessel of war of suitable force
should be held in readiness to proceed to the coasts of the British provinces having been communicated to the Secretary of the Navy, an answer
has been received that the schooner Grampus, now lying at Norfolk, would
be prepared to proceed to that quarter at a moment's notice; and that,
should it be the desire of the President that a vessel of higher class should
be employed on that duty, a sloop of war can be detailed from the station
at Pensacola so as to be ready to sail at the end of this month.
Respectfully submitted.
A. VAIL,
AJcting Secretary of State.
To the PRESIDENT of the United States../eting Secretary of State to Acting Secretary oJ. the Navy.
DEPARTMENT OF STATE,
Washington, daugust 9, 1839.
SI.: Several seizures of fishing vessels belonging to citizens of the
United States having been made by British cruisers in the harbors and along
the coasts of Nova Scotia, the President has ordered an inquiry into the
subject, and has directed me to inform your department that, for the purpose of protecting the rights and interests of our citizens in that quarter, a
vessel of war, of suitable force, will soon be required to cruise off the coasts
referred to.
I am, &c.
A. VAIL,.Acting Secretary.
Commodore T. CHAUNCEY,.c-ing Secretary of the JN'avy.
icting Secretary of the NJVazvy to aqcting Secretary of State.
NAVY DEPARTMENT,.fugUSt 9, 1839.
SiR: I have the honor to acknowledge the receipt of your letter of this
date, apprising the department that, for the protection of the rights and
interests of our citizens engaged in the fisheries along the coasts of Nova
Scotia, a vessel of war will soon be required to cruise off these coasts; and
to inform you that the United States schooner Grampus, now lying at Norfolk, will be prepared to proceed to that quarter with all practicable de



97                         [ 100 ]
spatch, in obedience to the wishes of the President of the United States,
as indicated by your letter.
I am, very respectfully, your obedient servant,
I. CHAUNCEY,
Acting-Secretary of the Javy.
A. VAIL, Esq.,
A9cting Secretaay of State.
Acting Secretary of State to Rcting Secretary of the JXavy.
DEPA6 TMENT OF STATE,
Washington,,ugugst 29, 1839.
SIR: In consequence of the recent seizure of several American vessels
on the coast of Nova Scotia by the British colonial authorities, the President has (letermined that the schooner Grampus, which he deems sufficient
for this service, shall be despatched to the coasts of the British provinces
in the neighborhood of the fisheries, under the command of a judicious and
-competent officer, to be selected by the Secretary of the Navy, and furnished with instructions distinctly setting forth the rights of citizens of the
United States under the treaty with Great Britain of the 20th of October,
18.8, and making it his duty to protect them in the enjoyment of those
rights, as well as to caution them against any infraction, on their part, of
existing conventional stipulations. To enable you to carry these directions
into effect, I have the honor to transmit to you, herewith, copies of papers
containing all the information possessed by this department on the subject
to which they relate; and, at the same time, to suggest that the consuls of
the United States in the British provincial ports referred to, (to whom application may be made by the commander of the Grampus,) will, doubtless,
cheerfully aid, by their advice, and by the communication of any pertinent
facts within their knowledge, in advancing the objects of this visit.
I am, &c.,
A. VAIL,.acting Secretary.
Commodore ISAAC CHAUNCEY,
Jlcting Secretary of the NJavy.
List of enclosures.
Report from  the acting Secretary of State to the President, 14th of
August, 1839.
Consul John Morrow to the Secretary of State (No. 77,) with enclosures,
27th of June, 1839.
Collector Bancroft to the Secretary of the Treasury, with enclosures,:7th of June, 1839.
Ex.-6




[ 100 ]                         98
Rcting Secretary of the Narvy to acting Secretary of State.
NAVY DEPARTMENT, August 30, 1839.
SIR: Your letter of yesterday's date, stating the determination of the
President that the schooner Grampus shall be despatched to the coasts of the
British provinces in the neighborhood of the fisheries, under the command
of a judicious and competent officer, to be selected by the Secretary of the
Navy, and furnished with instructions distinctly setting forth the rights of
citizens of the United States under the treaty with Great Britain of October, 1818, and making it his duty to protect them in the enjoyment of those
rights, as well as to caution them against any infraction, on their part, of
existing conventional stipulations, has been received, together with the
copies of documents therewith transmitted.
The schooner Grampus is ready for sea, and shall be despatched, ill accordance with the determination of the President, as soon as the necessaryinstructions can be prepared and transmitted to her commander.
I am, very respectfully, your obedient servant,
I. CHAUNCY,
Acting Secretary of the.Navy.
A. VAIL, Esq.,.lcting Secretary oJ State..Acting Secretary of the Navy to the Secretary of State.
NAVY DEPARTMENT, September 4, 1839.
SIR: Lieutenant John S. Paine, commanding the United States schooner
Grampus, was yesterday ordered to proceed, without delay, to the coasts of
the British provinces, in obedience to the directions of the President communicated to this department by the Department of State on the 29th ult.
I am, very respectfully, your obedient servant,
I. CHAUNCEY,
Acting Secretary of the Javy.
Hon. JOHN FORSYTH,
Secretary of State.
Lieutenant Commanding Paine to.Mr. Forsyth.
WASHINGTON, December 29, 1839.
SIR: In my late cruise on the coasts of her Britannic Majesty's provinces, I found the convention of 1818, on the subject of fisheries, so variously construed, that I deemed it proper to address the Navy Department
on the subject-the letters to which I alluded in conversation with you.
Avoiding unnecessary repetitions, I will endeavor to give, in the following, all that seems of importance in a more concise form.
I visited the seat of government of Nova Scotia, and that of Prince Edward's Island, and St. John's, the principal city of New Brunswick, wher
I communicated with the principal government officers, with our consuls,




99                         [ 100 ]
with Admiral Sir Thomas Harvey, and the commanders of the British vessels of war with whom I met; as also with the collectors of Portland and
Eastport, Maine, and such other persons as from their situations seemed
qualified to impart information on the questions arising.
I had believed the vessels seized had been generally guilty of systematic
violation of the revenue laws; but I was soon led to suspect that this was
not the cause, so much as a pretence, for seizing.
A vessel once seized must be condemned, unless released as a favor; because the owners will not claim her under the present laws of Nova Scotia,
where the only seizures have taken place.
The questions on which dispute may arise, are1st. The meaning of the word bay, in the convention of 1818, where
the Americans relinquish the rights before claimed or exercised, of fishing
in or upon any of the coasts, bays, &c., of her Britannic Majesty's provinces, not before described, nearer than three miles.
The authorities of Nova Scotia seem to claim a right to exclude Americans from all bays, including those large seas such as the Bay of Fundy
and the Bay of Chaleurs; and also to draw a line from headland to headland; the Americans not to approach within three miles of this line.
The fishermen, on the contrary, believe they have a right to work anywhere, if not nearer than three miles to the land.
The orders of Admiral Sir Thomas Harvey, as he informed me, are only
to prevent their fishing nearer than three miles.
According to this construction, Americans may fish in the Bay of Fundy,
Bay of Chaleurs, and the Bay of Miramichi; while their right would be
doubtful in Chedabucto bay, and they would be prohibited in the other bays
of Nova Scotia.
On that part of the coast of Newfoundland where the right of fishing is
relinquished, there are several bays in which fisheries may be prosecuted at
three or more miles from the land.
On that part of the coast of Newfoundland where the right of taking and
curing fish is secured by the convention of 1818, it is to be feared that
troubles may arise with the French, who assume an exclusive right, and
who have gone so far as to drive off even English fishermen.
The right of fishing on the shores of the Magdalen islands, though sometimes questioned, seems so secured by the convention of 1818 that I think
it unnecessary to lengthen this communication by further discussing it.
2d. The right of resorting to ports for shelter, and to procure wood and
water. The provincial authorities claim a right to exclude vessels, unless
in actual distress; and the subordinates, as well as the naval forces of her
Majesty, warn, as they term it, vessels to depart, or order them  to get
under weigh and leave a harbor when they suppose a vessel has lain a reasonable time; but this is often done without examining or knowing much of
the circumstances under which the vessel entered, or how long she has been
in port.
The English men-of-war also endorse the papers of the fishermen, as if
they had violated the blockade, or committed some other illegal act.
The fishermen claim a right, under the convention, to resort to the ports
for shelter whenever from rough weather, calms or fogs, they cannot prosecute, without risk or inconvenience, their labors at sea; and the navigation
on some parts of the coast is, on account of the extraordinary tides, as
perilous in calms and fogs as in rough weather.




[100 ]                          100
The Nova Scotia courts would exact that American fishermen shall have
been supplied, on leaving home, with wood and water for the cruise; but:
the Americans believe they can, by the terms of the convention, resort to
the ports to procure wood and water at their convenience during the cruise 
and they do not, on account of the inconvenience, as well as the high price,.
take on board either water-casks or wood for the whole cruise.
If the grounds assumed by the British provincial authorities be carried
out, it will be in their power to drive the Americans from those parts of the
coast where are some of the most valuable fisheries: whereas, if the ground
maintained by the Americans be admitted, it will be difficult to prevent
their procuring articles of convenience, and particularly bait; from which
they are precluded by the convention, and which a party in the provinces.
seems resolved to prevent.
The questions will, I doubt not, ere long be brought to a crisis; and it
seems piobable that the vexatious course pursued towards the fishermen,.
with the object of fostering their own at the expense of our fisheries, and
the care taken by the French to protect and encourage theirs, will tend to,
injure, perhaps destroy those of this country; a result to be deprecated in.
connexion with the navy, for there is no branch of commerce which supp9lies so large a portion of hardy and efficient seamen.
Although several of the vessels seized by authority of the province of
Nova Scotia were afterwards released, the great expense incurred and
the time they were detained made the injury to the owners nearly equal to,
a total loss.
The person who made the most of these seizures, (a Mr. Darby, who,
commands a chebacco boat, with ten or twelve men armed with muskets,)
is prompted, as well by his interest as by a certainty of impunity, to seize
all he can find.
The law of this province, entitled William IV, chap. viii, 1836, which
seems solely intended to prosecute our fishermen, could only have been approved by orders in council through an oversight.
It is not possible that Great Britain intends, when the property of citizens
of a nation in amity is seized on false pretences, or with no pretence, to
force the lawful owner to give heavy bonlds, liable to be forfeited, in addition to vessel and cargo, before he can claim his property:
To give a month's notice to the seizing officer; the notice to contain,
every thing intended to be proved against him, before a suit can be insti-'
tuted; and, again, to prove that the notice has been given:
To force the owner to bring his action or claim within three monthsone of which is expended in thus giving notice, and the other two may
well expire, owing to the infrequency and uncertainty of communications,.
before the distant owner can transfer funds and give the requisite bonds to
precede his suit, or lay claim to his illegally seized property, which property
will thus be condemned by default:
To force the owner, if he cannot prove the illegality of the seizure, to
pay treble costs:
To screen the officer seizing, by providing that, if the judge shall say
there was probable cause, he shall be liable to no prosecution; the plaintiff
only entitled to second damages; the defendant only liable to costs.
The whole of this act, and the proceedings on the subject, as detailed in
the journals of the assembly, display an unfriendly disposition towards




101                         [ 100 ]
Americans, or rather a determination to quarrel or drive them from the
exercise of rights secured by solemn treaty.
The injustice and annoyance sufferred by the fishermen have so irritated
them, that there is ground to believe that violence will be resorted to, unless some understanding be had before the next season.
As the facts relating to these seizures have been reported to the government by Messrs. Consuls Morrow, of Halifax, and Primrose, of Pictou, I
have confined myself to such a representation of the grounds assumed as
may be useful in judging of the danger of serious difficulty, which has seemed
to me considerable.
There is another law of this province, unjust towards foreigners, and
likely to be injurious to Americans. It relates to passenger-vessels which
may be forced from any cause to make a harbor, and is entitled 1st Victoria,
1839, chapter xlv., sections 3 and 5.
If any of the passengers please, they may remain on shore, and the
vessel will not be cleared until bonds are given to the amount of ~50 for
each person so remaining that they shall not become chargeable to the
community; and this, while the captain is willing or desirous of finishing
his contract by conveying them to their destination.
At Prince Edward's island, the schooner Three Brothers, of Belfast,
having met with some injury by grounding, commenced lightening; but
the captain was advised to apply fbr permission, and did so; the permission was refused, and the articles landed (some barrels of salt) were seized.
This was afterwards ordered to be restored to the owners, but had already been sold; and the lproceeds are now in the hands of the collector
of customs at Charlottetown, subject to the orders of the honorable the
board of customs in London, and cannot be claimed by the owners without
first entering into bonds-probable ten times the amount of the salt seized.
I believe that a consul, to reside at Charlottetown, with the usual power
of appointing agents, would be a means of preventing future difficulties;
the only intercourse with the authorities now being through a consular
agent appointed by Consul James Primrose, of Pictou, in another province.
I have the honor to subscribe myself, with high respect, your obedient
servant,
JNO. S. PAINE,
Lieut. Comrd'g U. S. schooner Gragnpus.
Hon. JOHN FORSYTH,
Secretary of State.








103                        [100]
ILLEGAL SEIZURE  OF AMERICAN FISHING VESSELS.
Message from the President of the United States, communicating, in compliance with a resolution of the Senate, information of measures taken
to obtain redress from the British government for the illegal capture of
American vessels engaged in the fisheries.
IN SENATE, March 3, 1845.
Read and laid on the table.
To the Senate of the United States:
I transmit herewith to the Senate, in answer to its resolution of the
17th instant, a report from the Secretary of State, together with the copies
of papers therein referred to.
JOHN TYLER.
WASHINGTON, February 28, 1845.
DEPARTMENT OF STATE,
Washington, February 28, 1845.
The Secretary of State, to whom has been referred the resolution of the
Senate of the 17th instant, requesting the President to inform that body,
if not incompatible with the public interest, "' what measures, if any, have
been taken by the government of the United States to obtain redress
from the British government for the illegal capture of the fishing schooner
"Argus," of Portland, and other American vessels engaged in the fisheries, under a pretended infraction of the convention of 20th October,
1818," has the honor to report to the President the accompanying copies
and extracts of correspondence, from the files of the department, embracing the information called for.
Respectfully submitted,
Jo the   ESI  CALEN  O TE  NITD STOUN.
To the PRESIDENT OF THE UNITED STATES.




100]                           104
LIST OF ACCOMPANYING PAPERS.
Acting Secretary of State to Mr. Fox, July 10, 1839.
Mr. Forsyth to Mr. Fox, July 24, 1839.
Mr. Forsyth to Mr. Stevenson, February 20, 1841.
Mr. Stevenson to Mr. Webster, April 7, 1841.  (Extract.)
Same to ssm, MRay 18, 1841.  (Extract.)
Mr. Upshur to Mr. Everett, June 30, 1843.
Mr. Everett to Mr. Upshur, August 15, 1843.  (Extract.)
Same to Mr. Calhoun, Miay 26, 1844.  (Extract.)
Mr. Calhoun to Mr. Everett, July 5, 1844.  (Extract.)
Same t'o sa.-me, Septe-niber 6, 1844.
Mr. Everett to Mr. Calhoun, October 9, 1844.  (Extracts.)
Same to same, November 4, 1844.




105                          [ 100 ]
Acting Seceretary of Sttate to XMZr. Fox.
DEPARTMENT OF STATE,
Wastington, July 10, 1839.
SIR: I have the honor to communicate to you copies of papers* referred
to this department by the Secretary of the Treasury, respecting the seizure
of several fishing boats belonging to citizens of the United States, by
the British government vessel "Victory," in the Bay of Fundy, on a
charge of having been engaged in taking fish within British jurisdiction,
contrary to existing treaty stipulations between the United States and
Great Britain, and the laws of the Province of Nova Scotia.
You will perceive from these papers, that, in the opinion of the naval
officer despatched by the collector of customs at Boston to inquire into the
circumstances of the seizures, and of the consular agent of the United
States at Yarmouth, who had been desired to furnish the information in his
possession on the subject, some, at least, of those seizures were made for
causes of a trivial character, and with a rigor not called for by circumstances. Not doubting that justice will ultimately be done to the sufferers
by the colonial courts in which proceedings have been instituted against
them, my object in addressing this communication to you is to invoke your
good offices in calling the attention of her Majesty's provincial authorities
to the ruinous consequences of those seizures to our fishermen, whatever
may be the issue of the legal proceedings founded upon them, and to the
consequent expediency of great caution and forbearance in future, in order
that American citizens, not manifestly encroaching upon British rights, be
not subjected to interruption in the lawful pursuit of their profession.
I have the honor, &.,
A. VAIL, Acting Sec-refary.
HENRY S. Fox, Esq., &e., &c.
Ir. Forsyth to Jir. Fox.
DEPARTPMENT OF STATE,
Washington, July 24, 1839.
SIR: I Shave the honor to communicate to you a copy of a lettert addressed to this department by the coliector of culstoms of the district of
Frenchman's bay, asking its interposition in obtaining for Ca'ptain Benjamin S. Moore, of the fishing schooner "Charles," the restitution of ten
barrels of herrings taken from him by the officer who seized his vessel, and
still withheld after her release by the authorities of Halifax.  As the vessel was given up, it is presumed that the seizure had been made upon insufficient grounds, and therefore, that upon the institution of legal proceedings,
Captain Moore would obtain the restitution of the property still withheld
from him.  As it seems, however, that he is poor, that he has already suffered a heavy loss in consequeEce of the detention of his vessel, and consequently that he could but ill bear the expense and delay attending such' See House Document No. 186, 26th Congress, 1st session, pp. 85-92 of this document.                      t Ibid., p. 82.




[ 100 ]                         106
legal proceedings, I request that you will use your good offices with the
authorities of Halifax to procure for the claimant either the return of his
property or such indemnity for the loss of it as may seem reasonable and
just.
I have the honor, &c.,
JOHN FORSYTH.
HENRY S. Fox, Esq., &c., &c., &c.
Mr. Forsyth to J1r. Stevenson.
DEPARTMENT OF STATE,
[No. 89.]                           TVashington, February 20, 1841.
SIR: At the time of addressing you the instructions numbered 71, of
17th of April last, relating to the interruptions experienced by the vessels
of our citizens employed in intercourse with the ports of Nova Scotia, and
in the prosecution of the fisheries on the neighboring coasts, it was deemed
expedient, before presenting through you the latter branch of the subject
to her Majesty's government in a formal manner, to await the communication to this department of a case in which the details of the seizure-the
grounds on which it was made, and the consequent judicial and other proceedings should be fully set forth.  Several cases of seizures and detention
have, as was apprehended, occurred since the date of my letter, but none
of those reported to the department have been presented'in a form to fulfil
the expectation entertained that the government would be enabled to found
upon it a specific complaint against the conduct of the local authorities,
whilst protesting against the injurious operation of provincial law upon
American interests brought involuntarily and unjustly within its jurisdiction.
The first article of the convention of 1818, between the United States
and Great Britain, which contains the treaty stipulations relating to the
subject, is so explicit in its terms that there would seem to be little room
for misapprehending them; and indeed it does not appear that any conflicting questions of right between the two governments have arisen out of differences of opinion between them regarding the intent and meaning of this
article. Yet in the actual application of the provisions of the treaty, committed, on the part of Great Britain, to the hands of subordinate agents,
subject to and controlled by local legislation, difficulties growing out of individual acts have sprung up from time to time, and of these, perhaps the most
grave in their character, are the recent seizures of American vessels, made,
it is believed, under color of a provincial law, entitled William IV., chap. 8,
1836, enacted doubtless with a view rigorously to restrict, if not intended
directly to aim a fatal blow at our fisheries on the coast of Nova Scotia.
From the information in the possession of the department, it appears that
the provincial authorities assume a right to exclude American vessels from
all their bays, even including those of Fundy and Chaleurs, and to prohibit
their approach within three miles of a line drawn from headland to headland.
These authoilties also claira a right to exclude our vessels from resorting
to their ports unless in aeual distress, and American vessels are accord



107                          [ 100 ]
ingly warned to depart or ordered to get u5nd.er weigh and leave a harbor
whenever the provincial custom-house or British n:aval officer supposes,
without a full examination of the circumstances under which they entered,
that they have been there a reasonable time.
Now, by the convention above referred to, American fishermen are forever secured in their right to take, dry, and cure fish on the coasts of the
Magdalen islands and of Newfoundland and Labrador, within certain defined limits, and the United States renounced forever any liberty before
enjoyed by their citizens of fishing within three marine miles of any coasts,
bays, &c., of the British domains in America not included within those
limits, and retain for their vessels the privilege (under the restrictions
therein named,) of entering such bays or harbors for the purposes of shelter, and of repairing damages therein, of purcha3sing wood, and of obtaining
water.
Our fishermen believe, and they are obviously right in their opinion, if
uniform practice is any evidence of correct construction, that they can with
propriety take fish anywhere on the coasts of the British provinces, if not
nearer than three miles to land, and resort to their ports for shelter, wood,
water, &c.; nor has this claim ever been seriously disputed, based as it is
on the plain and obvious terms of the convention, whilst the construction
attempted to be put upon that instrument by the authorities of Nova Scotia
is directly in conflict with its provisions, and entirely subversive of the
rights and interests of our citizens.  It is one which would lead to the
abandonment, to a great extent, of a highly important branch of American
industry, and cannot for one moment be admitted by this government.
I am instructed by the President to convey to you his desire that, on the
receipt of this letter, you immediately address a representation of the whole
subject to her Majesty's government, earnestly remonstrate against the
illegal and vexatious proceedings of the authorities of Nova Scotia towards
our fishermen, and request that measures be forthwith adopted by her
Majesty's government to remedy the evils arising out of this misconstruction, on the part of the provincial authorities, of their conventional obligations, and to prevent the possibility of the recurrence of similar acts.
It is important that this subject should be acted upon without delay, as
in the House of Assembly of Nova Scotia, at the session of 1839-'40, an
address to the Queen was voted, suggesting the extension to the adjoining
British colonies, of rules and regulations relating to the fisheries similar to
those in actual operation in that province, iwhich have proved so onerous to
American fishermen, and efforts, it is understood, are still making to induce the other colonies to unite with Nova Scotia in her restrictive system.
Some of the provisions of her code, supposed to be substantially the same
with those of the provincial law above referred to, are of the most extraordinary character.  For instance, a foreign vessel prevparing to fish within.
three miles of the coast of her Majesty's dominions in America, is, together
with her cargo, to be forfeited; in cases of seizure the owner or claimant
of the vessel, &c., to be held to prove his innocence or pay treble costs; he
is forced to try his action within three months; to give a month's notice
to the seizing officer, which notice must contain everything intended to be
proved against him, before a suit can be instituted; and also to prove that
the notice has been given.  The seizing officer is almost wholly irresponsible, since he is liable to no prosecution; if the judge certify that there was




[ 1oo ]                         108
probable cause, and the plaintiff in such suit, if he be successful, is only
entitled to two pence damages without costs, the defendant to be fined not
more than one shilling, &c., &c.  In short, some of these rules and regular
tions are violations of well established principles of the common law of
England and of the principles of all just powers and all civilized nations,
and seem to be expressly designed to enable her Majesty's authorities,
with perfect impunity, to seize and confiscate American vessels, and to embezzle, almost indiscriminately, the property of our citizens employed in
the fisheries on the coasts of the British possessions.
In pointing out to her Majesty's government the points in these regulations which have proved or are likely to prove most injurious and oppressive in their practical operation on the interests of the citizens of the United States, it will also be proper to notice the assertion of the provincial
legislature, that the Strait of Canso is a " narrow strip of water completely
within and dividing several counties" of the province, and that our use of
it is in violation of the convention of 1818.  That strait separates Nova
Scotia friom the island of Cape Breton, which was not annexed to the province until 1820. In 1818, Cape Breton was enjoying a government of its
own entirely distinct from Nova Scotia, the strait forming the line of demarcation between them, and being then, as now, a thoroughfare for vessels
passing into and out of the Gulf of St. Lawrence. The union of the two
colonies cannot be admitted as vesting in the province the right to close a
passage which has been freely and indisputably used by our citizens since
the year 1783, and it is impossible to conceive how the use, on our part,
of this right of passage, common it is believed to all other nations, conflicts either with the letter or the spirit of our treaty obligations.
I transmit to you enclosed a printed House document (No. 186) of last
session of Congress, and also a copy of the journal and proceedings of
the House of Assembly of Nova Scotia at its session of 1839-40, both of
which will be useful to you in the examination of the subject to which this
letter relates.
I am, sir, your obedient servant,
JOHN FORSYTH.
A. STEVENSON, &C., &c., &;.'CHAP. VIII.-An act relating to the fisheries, and for the prevention of
illicit trade in the province of N~ova Scotia and the coasts and harbors
thereof, passed the 12th day of Larch, 1836.
Whereas, by the convention made between his late Majesty, King George
the Thlird, and the United States of America, signed at London on the twentieth day of October, in the year of our Lord one thousand eight hundred
and eighteen, and the statute made and passed in the Parliament of
Great Britain in the fifty-ninth year of the reign of his late Majesty, King
George the Third, all foreign ships, vessels or boats, or any ship, vessel or
boat, other than such as shall be navigated according to the laws of the
United Kingdom of Great Britain and Ireland, found fishing, or to have
been fishing, or preparing to fish within certain distances of any coasts,
bays, crelks or harbors whatevcer, in any part of his Majesty's dominions




109                         [ 100 ]
in America not included within the limits specified in the first article of the.said convention, are liable to seizure: and whereas the United States did,
by the said convention, renounce forever any liberty enjoyed or claimed by
the inhabitants thereof to take, dry or cure fish on or within three marine
miles of any of the coasts, bays, creeks or harbors of his Britannic Majesty's
dominions in America not included within the above mentioned limits: Provided, however, That the American fishermen should be admitted to enter such
bays or harbors for the purpose of shelter, and of repairing damages therein,
of purchasing wood and of obtaining water, and for no other purpose whatever, but under such restrictions as might be necessary to prevent their
taking, drying or curing fish therein, or in any other manner whatever
abusing the privileges thereby reserved to them: and whereas no rules or
regulations have been made for such purpose, and the interests of the inhabitants of this province are materially impaired; and whereas the said
act does not designate the persons who are to make such seizure as aforesaidcl, and it frequently happens that persons found within the distances of'the coasts aforesaid, infringing the articles of the convention aforesaid,
and the enactments of the statute aforesaid, on being taken possession of,
profess to have come within said limits for the purpose of shelter and repairing damages therein, or to purchase wood and obtain water, by which
the law is evaded, and the vessels and cargoes escape confiscation, although
the cargoes may be evidently intended to be smuggled into this province,
and the fishery carried on contrary to said convention and statute.
I. Be it therefore enacted by the Lieutenant Governor, Council and
Assembly, That from  and after the passage of this act, it shall be lawful
for the officers of his Majesty's customs, the officers of impost and excise,'the sheriffs and magistrates throughout the province, and any person holding a commission for that purpose from his excellency the Lieutenant
Governor, for the time being, to go on board any ship, vessel or boat,
within any port, bay, creek or harbor in this province; and also, to go on
board of any ship, vessel or boat, hovering within three marine miles of
any of the coasts, bays, creeks or harbors thereof, and in either case freely
to stay on board such ship, vessel or boat, as long as she shall remain within
such port or distance; and if any such ship, vessel or boat be bound elsewhere, and shall continue so hovering for the space of twenty-four hours
after the master shall have been required to depart, it shall be lawful for
any of the above enumerated officers or persons to bring such ship, vessel
~or boat into port, and to search and examine her cargo, and to examine
the master on oath touching the cargo and voyage, and if there be any
goods on board prohibited to be imported into the province, such ship, vessel or boat, and the cargo laden on bo:lrd thereof, shall be forfeited; and.
if the said ship, vessel or boat shall be foreign, and not navigated according to the laws of Great Britain and Ireland, and shall have been found
fishing or preparing to Ish, or to have been fishing within such distance of
such coasts, bays, creeks or harbors of this province, such ship, vessel or
boat, and their respective cargoes, shall be forfeited; and if the master, or
person in command thereof, shall not truly answer the questions which
shall be demnarded of him in such examination, he shiall forfeit the sum of
one hundred pounds.
II. And be it farther enacted, That all goods, ships, vessels and boats
liable to forfeiture under this act, shall and may be seized and secured by
any such officer of his Majesty's customs, officer of impost and excite,




[100]                             110
sheriffs, magistrates or other person holding such commission, as aforesaid;
and every person who shall in any way oppose, molest or obstruct any
officer of the customs, officers of impost and excise, sheriff, magistrate, or
other person so commissioned and employed as aforesaid, in the exercise of
his office, or shall in any wiay oppose, molest or obstruct any person acting
in aid or assistance of such officer of the customs, officers of impost and
excise, sheriff, magistrate, or other person so commissioned and employed
as aforesaid, shall, for every such offence, forfeit the sum  of two hundred
pounds.
III. And be it further enacted, That all goods, ships, vessels and boats
which shall be seized as being liable to forfeiture under this act, shall be
taken forthwith and delivered into the custody of the collector and comptroller of the customs, at the custom-house next to the place where the
same were seized, who shall secure and keep the same in such manner as
other vessels and goods seized are directed to be secured by the commissioners of his Majesty's customs.
IV. And be it further enacted, That all goods, ships, vessels, boats or
other thing, which shall have been condemned as forfeited under this act,
shall, under the direction of the principal officer of the customs or excise
where such seizures shall have been secured, be sold by public auction to
the best bidder, and the produce of such sale shall be applied as follows,
that is to say: the amount chargeable for the custody of said goods, ship,
vessel, boat or any other thing so seized as aforesaid, shall be first deducted
and paid, antd the residue divided3 into two equal moieties, one of which
shall be paid to the officer or other person or persons legally seizing the
same, without deduction, and the other moiety to the government, and paid
into the treasury of this province, all costs incurred having been first deducted therefrom. Provided alway.s, That it shall be lawful for the commissioners of the revenue to direct that any of such things shall be destioyed or reserecl for the public service.
V. And be it further enacted, That all penalties and forfeitures which
may be hereafter incurred under this act, shall and may be prosecuted,
sued for and recovered in the court of vice-admiralty having jurisdiction in
this province.
YI. And be it fcrthaer enacted, That if any goods, or any ship, vessel
or boat, shall be seized as forfeited under this act, it shall be lawful for the
judge or judges of any court having jurisdiction to try and determine
such seizures, with the consent of thte person seizing the same, to order the
delivery thereof, on security by bond, with two sufficient sureties to be
first approved by such seizing officer or person, to answer double the value
of the same in case of condemnation, a.nd such bond shall be taken to the
use of his Majesty, in the name of the collector of the customs in whose
custody the goods or ship, vessel or boats may be lodged, and such bond
shall be delivered and kept in the custody of such collector; and in case
the goods or the ship, vessel or boat shall be condemned, the value thereof
shall be paid into the hands of such collector, who shall cancel such bond,
and distribute the money paid in such manner as above directed.
VII. And be it further enacted, That no suit shall be commenced for
the recovery of any penalty on forfeiture under this act, except in the
name of his Majesty, and shall be prosecuted by his Majesty's advocate or
attorney general, or, In his absence, by the solicitor general -for this pro



111                          [ 100 ]
~vince; and if any question shall arise, whether any person is an officer of
the customs or excise, sheriff, magistrate, or other person authorised to seize
as aforesaid, viva voce evidence may be given of such facts, and shall be
deemed legal and sufficient evidence.
VIII. And be it further enacted, That if any goods, ship, vessel or
boat shall be seized for any cause or forfeiture under this act, and any dispute shall arise whether the same have been lawfully seized, the proof
touching the illegality thereof shall lie on the owner or claimant of such
*goods, ship, vessel or boat, and not on the officer or person who shall seize
and stop the same.
IX. And be it further enacted, That no claim to anything seized under
this act, and returned into his Majesty's court of vice-admiralty for adjudication, shall be admitted, unless such claim be entered in the name of
the owner, with his residence and occupation, nor unless oath to the property in such thing be made by the owner or by his attorney or agent by
whom such claim shall be entered, to the best of his knowledge and belief;
and every person making a false oath thereto shall be deemed guilty of a
misdemeanor, and shall be liable to the pains and penalties to which persons are liable for a misdemeanor.
X. And be it further enacted, That no person shall be admitted to enter
a claim to anything seized in pursuance of this act, and prosecuted in this
Province, until sufficient security shall have been given in the court where
such seizure is prosecuted, in a penalty not exceeding sixty pounds, to answer and pay the costs occasioned by such claim; and in default of giving
such security, such things shall be adjudged to be forfeited, and shall be
condemned.
XI. And be it further enacted, That no writ shall be sued out against,
nor a copy of any process served upon any officer of the customs or excise,
sheriff, magistrate, or other person authorized to seize as aforesaid, for
anything done in the exercise of his office, until one calendar month after
notice in writing shall have been delivered to him or left at his usual place
of abode by the attorney or agent of the party who intends to sue out
such writ or process, in which notice shall be clearly and explicitly contained the cause of action, the name and place of abode of the person
who is to bring such action, and the name and place of abode of the attorney or agent, and no evidence of the cause of such action shall be produced, except of such as shall be contained in such notice, and no verdict
shall be given for the plaintiff unless he shall prove on the trial that such
notice was given; and in default of such proof, the defendant shall receive
in such action a verdict and costs, or judgment of nonsuit shall be awarded
against the plaintiff, as the court shall direct.
XII. And be it farther enactc], That every such action shall be brought
-within three calendar months after the cause thereof, and shall be laid and
tried in any of his l:Majesty's courts of record in this Province, and the
defendant may plead the general issue, and give the special matter in evidence; and, if the plaintiff shall become nonsuited, or shall discontinue
the action, or if, upon a verdict or demurrer, judgment shall be given
against the plaintiff, the defendant shall receive treble costs, and have such
remedy for the same as any defendant can have in other cases where costs
are given by law.
XIII. And be it further enacted, That in case any information or suit




[ 100 ]                           112
shall be brought to trial on account of any seizure made under this act,
and a verdict shall be found for the claimant thereof, and the judge or
court before whom the cause shall have been tried shall certify on the
record that there was probable cause of seizure, the claimant shall not be,
entitled to any costs of suit, nor shall the person who made such seizure
be liable to any action.  Indictment, or other suit or prosecution on account of such seizure, and if any action, indictment or other suit or prosecution shall be brought to trial against any person on account of such
seizure, wherein a verdict shall be given against the defendant, the plaintiff, besides the thing seized, or the value thereof, shall be entitled to no
more than two pence damages, nor to any costs of suit, nor shall the defendent in such prosecution be fined more than one shilling.
XIV. And be it further enacted, That it shall be lawful for any such
officer of the customs or excise, or sheriff, or magistrate, or other person
authorised to seize as aforesaid, within one calendar month after such notice, to tender amends to the party complaining, or his agent, and to plead
such tender in bar to any action, together with other pleas; and if the jury
shall find the amends sufficient they shall give a verdict for the defendant;
and, in such case, or in case the plaintiff shall become nonsuit, or shall
discontinue his action, or judgment shall be given for the defendant upon
demurrer, then such defendant shall be entitled to the like costs as he
would have been ontitled to in case he had pleaded the general issue only:
Provided always, That it shall be lawful for such defendant, by leave of
the court where such action shall be brought, at any time before or after
issue joined, to pay money into court as in other actions.
XV. And be it further enacted, That in any such action, if the judge
or court before whom  such action shall be tried, shall certify upon the
record that the defendant or defendants in such action acted upon probablecause, then the plaintiff in such action shall not be entitled to more than
two pence damages, nor to any costs of suit.
XVI. And be it fur-ther enccted, That all actions or suits for the recovery of any of the penalties or forfeitures imposed by this act, may be
commenced or prosecuted at any time within three years after the offenee
commi-tted, by reason whereof such penalty or forfeiture shall be incurred,
any laiw, usage or custom to the contrary notwithstanding.
XVII. ASnd be it further enaceted, That no appeal shall be prosecuted.
from  any decree or sentence of any of his Majesty's courts in this province, touching any penalty or forfeiture imposed by this act, unless tile
inhibition shall be applied for and decreed within twelve months from  tihe
time when such decree or sentence was pronounced.
XVITI. And be it further enacted, That this act shall not go into force
or be of any effect until his BMajesty's assent shall be signified thereto, and
an order made by his Majesty, in counsici, that the clauses and provisions
of this act shall be the rules, regulations and restrictions respecting the
fisheries on the coasts, bays, creeks or harbors of the province of Nova
Scotia.




113                           100o 
[Extract.]
Air. Stevenson to Jar. Webster.
LEGATION OF THE UNITED STATES,
London, a3pril 7, 1841.
I received on the 22l of March Mr. Forsyth's despatch of the 20th of
February, on the subject of the fisheries and the intercourse of our vessels
with Nova Scotia.       *      *       *                      I immediately addressed an official note to Lord Palmerston on the subject of the
fisheries, a copy of which, with his Lordship's acknowledgement, I have
now the honor to enclose.
[Enclosure.]
Mr. Stevenson to Lord Palmerston.
32 UPPER GROSVENOR STREET,!March 27, 1841.
The undersigned, Envoy Extraordinary and Minister Plenipotentiary
from the United States, has the honor to acquaint Lord Viscount Palmerston, her Majesty's Principal Secretary of State for Foreign Affairs, that
he has been instructed to bring to the notice of her Majesty's government,
without delay, certain proceedings of the colonial authorities of Nova
Scotia, in relation to the seizure and interruption of the vessels and citiizens of the United States engaged in intercourse with the ports of Nova
Scotia, and the prosecution of the fisheries on its neighboring coasts, and
which, in the opinion of the American government, demand the prompt
interposition of her Majesty's government. For this purpose the undersigned( takes leave to submit to Lord Palmerston the following representation:
By the first article of the convention between Great Britain and the
United States, signed at London, on the 20th of October, 1818, it is provided: " 1st. That the inhabitants of the United States shall have forever,
in common with the subjects of Great Britain, the liberty to take fish of
every kind on that part of the southern coast of Newfoundland which extends from Cape Ray to the Rameau islands; on the western and northern
coast of Newfbundland, from the said Cape Ray to the Quirpon islands;
on the shores of the Magdalen islands; and also on the coasts, bays, harbors and creeks from Mount Joly, on the southern coast of Labrador, to
and through the straits of Belleisle, and thence northwardly indefinitely
along the coast, without prejudice, however, to the exclusive rights of the
Hudson Bay Company.  2dly. That the American fishermen shall also
have liberty forever to dry and cure fish in any part of the unsettled bays,
harbors and creeks of the southern portion of the coast of Newfoundland
before described, and of the coast of Labrador; the United States renouncing any liberty before enjoyed by their citizens to take fish within three
marine miles of any coasts, bays, creeks or harbors of the British dominions
in America not included within the above limits, i. e. Newfoundland and




[r o100                         114
Labrador. Anld 3fI1y. That American fishermen shall also be admitted to
enter such bays or harbors for the purpose of shelter and of repairing damages therein, and also of purchasing wood and obtaining water, under such
restrictions only as might be necessary to prevent their taking, drying or
curing fish therein, or abusing the privileges reserved to them."  Such are
the stipulations of the treaty, and they are believed to be too plain and
explicit to leave room for doubt or misapprehension, or render the discussion of the respective rights of the two countries at this time necessary.
Indeed it does not appear that any conflicting questions of right between
them have as yet arisen out of differences of opinion regarding the true
intent and meaning of the treaty. It appears, however, that in the actual
application of the provisions of the convention, (committed on the part of
Great Britain to the hands of subordinate agents, subject to and controlled
by local legislation,) difficulties, growing out of in(lividual acts, have unfortunately sprung up from time to time, among the most important of
which have been recent seizures of American vessels for supposed violations of the treaty. These have been made, it is believed, under color of
a provincial law of 6 William IV., chapter 8, 1836, passed doubtless with
a view to restrict vigorously, if not intended to aim a fatal blow at the
fisheries of the United States on the coasts of Newfoundland.
It also appears, from information recently received by the government of
the 7United States, that the provincial authorities assume a right to exclude
the vessels of the United States from all their bays, (even including those of
Fundy and Chaleurs,) and likewise to prohibit their approach within three
miles of a line drawn from headland to headland, instead of from  the indents of the shores of the provinces. They also assert the right of excluding them from British ports, unless in actual distress; warning them to
depart, or get under weigh and leave harbor, whenever the provincial custom-house or British naval officer shall suppose that they have remained a
reasonable time; and this without a full examination of the circumstances
under which they may have entered the port.  Now, the fishermen of the
United States believe (and it would seem that they are right in their opinion, if uniform practice in any evidence of correct construction,) that they
can with propriety take fish any where on the coasts of the British provinces,
if not necrer than three marine miles to land, and have the right to resort
to their ports for shelter, wood and water; nor has this claim, it is believed,
ever been seriously disputed, based as it is on the plain and obvious terms
of the con-ention.  Indeed, the main object of the treaty was not only to
secure to American fishermen, is the pursuit of their employment, the right
of fishing, but likewise to insure to them as large a proportion of the conveniences afforded by the neighboring coasts of British settlements, as
might be reconcilable with the just rights and interests of British subjects,
and the due administration of her Majesty's dominions. The construction
therefore, which has been attempted to be put upon the stipulations of the
treaty by the authorities of Nova Scotia, is directly in conflict with their
object, and entirely subversive of the rights and interests of the citizens of'
the United States. It is one moreover, which would lead to the abandonment, to a great extent, of a highly important branch of American industry, which could not for a moment be admitted by the government of the
United States. The undersigned has also been instructed to acquaint LorLt
Palmerston tehat the American government has received informatton that in
the House of Assembly of Nova Scotia during the session of 1839-'40, an




115                          [10oo
address to her Majesty was voted, suggesting the extension to adjoining British colonies of rules and regulations relating to the fisheries, similar to those
in actual operation in that province, and which have proved so onerous to the
fishermen of the United States; and that efforts, it is understood, are still
making to induce the other colonies to unite with Nova Scotia in this restrictive system.  Some of the provisions of her code are of the most extraordinary character.  Among these is one which declares that any foreign
vessel preparing to fish within three miles of the coast of her Majesty's
dominions in America shall, together with her cargo, be forfeited; that in
all cases of seizure, the owner or claimant of the vessel, &c., shall be held
to prove his innocence, or pay treble costs; that he shall be forced to try
his action within three months, and give one month's notice at least to the
seizing officer, containing everything intended to be proved against him,
before any suit can be instistuted; and also prove that the notice has been
given. The seizing officer, moreover, is almost wholly irresponsible, inasmuch
as he is liable to no prosecution if the judge certifies that there was probable cause; and the plaintiff, if successful in his suit, is only to be entitled to
two pence danwages without costs, and the defendant fined not more than one
shilling. In short, some of these rules and regulations are violations of
well established principles of the common law of England, and of the principles of the just laws of all civilized nations, and would seem to have
been designed to enable her Majesty's authorities to seize and confiscate
with impunity American vessels, and embezzle indiscriminately the property
of American citizens employed in the fisheries on the coasts of the British
provinces.
It may be proper, also, on this occasion, to bring to the notice of her
Majesty's government the assertion of the provincial legislature, "that
the Gut or Strait of Canso is a narrow strip of water, completely within
and dividing several counties of the province," and that the use of it by
the vessels and citizens of the United States is in violation of the treaty of
181S.  This strait separates Nova Scotia from  the island of Cape Breton,
which was not annexed to the province until the year 1820. Prior to that,
in 1818, Cape Breton was enjoying a government of' its own, entirely distinct from Nova Scotia, the strait forming the line of demarcation between
them, and being then, as now, a thoroughfare for vessels passing into and
out of the Gulf of St. Lawrence.  The union of the two colonies cannot,
therefore, be admitted as vesting in the province the right to close a passage which has been freely and indisputably used by the citizens of the
United States since the year 17S3.  It is impossible, moreover, to conceive
how the use on the part of the United States of this right of passage, common, it is believed to all other nations, can in any manner conflict with the
letter or spirit of the existing treaty stipulations.  The undersigned would
therefore fain hope that her Majesty's government will be disposed to meet,
as far as practicable, the wishes of the American government, in accomplishing in the fullest and most liberal manner the objects which both governments had ila view  in entering into the conventional arrangement of
1818.
He has accordingly been instructed to bring the whole subject under the
consideration of her Majesty's government, and to remonstrate on the part
of his government against the illegal and vexatious proceedings of the
authorities of Nova Scotia against the citizens of the United States engaged
in the fisheries, and to request that measures may be forthwith adopted by




[ 100 ]                        116
her Majesty's government to remedy the evils arising out of the misconstruction on the part of its provincial authorities of their conventional obligations, and prevent the possibility of the recurrence of similar acts.
The undersigned renews to Lord Palmerstonl assurances of his distinguished consideration.
A. STEVENSON.
[ Enclosure.]
Lord Palmerston to MJr. Stevenson.
FOREIGN OFFICE, April 2, 1841.
The undersigned, her Majesty's principal Secretary of State for Foreign
Affairs, has the honor to acknowledge the receipt of the note from Mr.
Stevenson, Envoy Extraordinary and Minister Plenipotentiary from the
United States of America, of the 27th ultimno, bringing under the notice of
her Majesty's government certain proceedings of the colonial authorities of
Nova Scotia in relation to the seizure and interruption of the vessels and
citizens of the United States, engaged in intercourse with the ports of Nova
Scotia, and the prosecution of the fisheries on its neighboring coasts; and
the undersigned has lost no time in referring Mr. Stevenson's representation
to the Secretary of State for the Colonial Department.
The undersigned has the honor to renew to Mr. Stevenson the assurances
of his high consideration.
PALMERSTON.
[Extract.].Mr. Stevenson to 2Mr. Webster.
LEGATION OF THE UNITED STATES,
London, JMay 18, 1841.
*   * *      * *  *  I also forward the copy of a second note from Lord
Palmerston, relative to the fisheries and the intercourse of our vessels with
Nova Scotia.
[Enclosure.]
Lord Palmerston to JMr. Stevenson.
FOREIGN OFFICE, Aqpril 28, 1841.
The undersigned, her Majesty's principal Secretary of State for Foreign
Affairs, with reference to the note which he addressed to Mr, Stevenson,
Envoy Extraordinary and Minister Plenipotentiary from the United States
of America, dated the 2d instant, stating that he had referred to the Secretary of State for the Colonial Department, Mr. Stevenson's note of the




117                         [ 10o 
27th ultimo, respecting certain proceedings of the colonial authorities of
Nova Scotia in relation to the seizure and interruption of the vessels and
citizens of the United States of America engaged in intercourse with the
ports of Nova Scotia, and in the prosecution of the fisheries on its neighboring coasts, has the honor to inform M\r. Stevenson, that he has since received from the Colonial Department a letter informing him that copies of
the papers received from Mr. Stevenson would be forwarded to Lord Falkland, with instructions to inquire into the allegations contained therein, and
to furnish a detailed report upon the subject.
The undersigned has the honor to renew to Mr. Stevenson the assurances
of his high consideration.
PALMERSTON.
Mr. Upshur to Mr. Everett.
[No. 49.]                            DEPARTMENT OF STATE,
Washington, June 30, 1843.
SIR: I have the honor to transmit to you herewith, copies of a letter and
accompanying papers relating to the seizure, on the 10th of May last, on
the coast of Nova Scotia, by an officer of the provincial customs, of the
American fishing schooner Washington, of Newburyport, Massachusetts,
Cheny, master, for an alleged infraction of the stipulations of the convention of October 20, 1818, between the United States and Great Britain.
Upon a reference to the files of the legation at London, you will find
that this complaint is not the first of a similar character which has arisen
out of the proceedings of the authorities of Nova Scotia under their construction of the convention, and that representations upon the subject have
heretofore been made to the British government on behalf of American
citizens, but, so far as this department is advised, without leading to a
satisfactory result.
For a full understanding of the whole question involved I would particularly point your attention to the instructions of this department to Mr.
Stevenson, Nos. 71 and 89, of the respective dates of April 17, 1840, and
February 20, 1841, and to the several despatches addressed by that minister to the Secretary of State, numbered 97, 99, 108, 120 and 124, during
the years 1840 and 1841.
I need not remark upon the importance to the nogotiating interests of
the United States of having a proper construction put upon the first article
of the convention of 1818 by the parties to it.  That which has hitherto
obtained is believed to be the correct one.  The obvious necessity of an
authoritative intervention to put an end to proceedings on the part of the
British colonial authorities, alike conflicting with their conventional obligations and ruinous to the fortunes and subversive of the rights of an enterprising and deserving class of our fellow citizens, is too apparent to allow
this government to doubt that the government of her Britannic Majesty
will take efficient steps for the purpose.  The President's confident expectation of -an early and satisfactory adjustment of these difficulties is
grounded upon his reliance on the sense of justice of the Queen's governmnentt anld on the fact th.at from the year 1818, the date of the convention,




[ 100                            118
until some years after the enactment of the provincial law out of which
these troubles have arisen, a practical construction has been given to the
first article of that instrument which is firmly relied on as settling its meaning in favor of the rights of American citizens as claimed by the United
States.
I have, therefore, to request that you will present this subject again to
the consideration of her Majesty's government by addressing a note to the
British Secretary of State for Foreign Affairs, reminding him that the letter
of Mr. Stevenson to Lord Palmerston remains unanswered, and informing
him of the anxious desire of the President that proper means should be
taken to prevent the possibility of a recurrence of any like cause of complaint.
I am, sir, with great respect, your obedient servant,
A. P. UPSHUR.
EDWARD EVERETT, Esq., &c., &C., &c.
[Enclosure.]
BOSTON, Mfay 23, 1843.
SIR: I transmit herewith a memorial of the owner of an American fishing vessel which has, within a few days past, been seized by the authorities
of Nova Scotia for an alleged violation of treaty stipulations. I learn that
many of the fishinga vessels of this State would be liable to seizure under
the construction which has been adopted by the British authorities in the
present instance.  The early attention of our government to the subject
is therefore earnestly desired by those who are engaged in this branch of
business, and more especially by the memorialists whose property is immediately in jeopardy.
I am, very respectfully your obedient servant,
ROBERT C. WINTHROP.
IHon. H. S. LEGCARE,,5ecretary of rtate, ic., sdc.
[Enclosure.]
BOSTON, Mfay 17, 1843.
The undersigned, Charles Currier, of Newburyport, in the State of Massachusetts, respectfully represents that he is the owner of a schooner called
the Washington, of and belonging to said Newburyport; on the 28th day
of April last on a fishing cruise under the command of John C. Cheny as
master, and manned by three seamen, of whom William Bragg, whose deposition accompanies this memorial, was one; that on the tenth day of the present
month the said schooner, while her crew were engaged in taking fish at a
place ten miles distant from the coast of 3Tova Scotia, was taken possession
of by an officer of the provincial cus:toms and taken into some port of the
province of Nova Scotia, where she is still detained, and, as he has reason to
apprehend, will be confiscated.  The undersigned forwards herewith the




119                        [ 100 ]
deposition of the said Bragg, and begs leave to refer to the same for a more
particular account of the case. As your memorialist believes that the
master and crew of said vessel had not been guilty of violating any treaty
or engagement between Great Britain and the United States, he humbly
prays that the government of the United States will, as soon as may be,
take effectual measures to restore to him his property so seized, with compensation for damages and expenses occasioned by such seizure.
CHARLES CURRIER.
To the Honorable HUGH S. LEGARE,
Acting Secretary of Statefor the United States.
[Enclosure.]
BOSTON, Alkay 17, 1843.
I, William Bragg, of Seabrook, in the State of New Hampshire, on oath
depose and say that, on the 28th day of April now last past, I sailed from Newburyport as a seaman in the schooner Washington, whereof John C. Cheney
was master, said schooner bound upon a fishing excursion, there being four
men all told on board said vessel, including the master; that the said master and crew fished from time to time between the coasts of Maine and
Nova Scotia until the tenth day of the present month; that on the said
last mentioned day, while engaged in taking fish at least ten miles from
the coast of Nova Scotia, the said schooner was boarded by an officer employed in the British revenue service of the name of Darby, and taken
possession of in the name of the British government, the said officer alleging that the place where we were fishing was within the bounds prohibited by treaty to American fishermen; that I, together with the other men
belonging to the schooner, was then put on board a small vessel, and we
were landed at a place near Digby; that the captain (Cheney) continued
on board the schooner, whether voluntarily or not I do not know, and when
we left the schooner the British officer was in command thereof, and set
sail with her for Yarmouth, in said Nova Scotia, to which place I have no
doubt the schooner was carried under his command; that on the 11th instant, I and the other men of the schooner got passage from Digby in a
vessel bound for Portsmouth, New Hampshire, at which place we arrived
on the 15th instant.  I further depose and say, that at no time while I was
on board said schooner did we or any of us take or attempt to take fish
within ten miles of the coast of Nova Scotia, New Brunswicir, or of the
islands belonging to either of those provinces; that the place where said
schooner was taken possession of, as aforesaid, was opposite to a place on
the coasts of Nova Scotia called Gulliver's-hole, and is distant from Annapolis-gut about fifteen miles, the said Gulliver's-hole being to the southwiestward of said Annapolis gut.
WILLIAM  BRAGG.
UINITED STATES OF AMERICA, STATE OF MIASSACHUSETTS, 
County of Suffolk and City of Boston,
On this 17th day of May, A. D. 1843, before me, John P. Bigelow, a
noetary public, duly constituted and sworn within and for said county and




[ lo0]                          120
city, came the above William Bragg, and made oath that the statements,
by him above signed are true.
[L. s.]  Witness my hand and notarial seal.
JOHN P. BIGELOW,
Notary Public.
[Extract.]
ifr. -Everett to Mr. Upshur.
[No. 50.]                                 LoNDoN, Aqugust 15, 1843.
Enclosed with this despatch will be found a note addressed by me to
Lord Aberdeen, on the subject of the seizure of the fishing schooner Washington, on- the coast of Nova Scotia.
I sent with it copies of the documents relative to this affair which accompanied your despatch No. 49.
[Enclosure.]
Afr. Everett to Lord Aberdeen.
46 GROSVENOR PLACE, August 10, 1843.
The undersigned, envoy extraordinary and minister plenipotentiary of
the United States of America, has the honor to transmit to the earl of
Aberdeen, her Majesty's principal Secretary of State for foreign affairs,
the accompanying papers relating to the seizure on the 10th of May last,
on the coast of Nova Scotia, by an'officer of the provincial customs, of the
American fishing schooner Washington, of Newburyport, in the State of
Massachusetts, for an alleged infraction of the stipulations of the convention of the 20th of October, 1818, between the United States and Great
Britain.
It appears from the deposition of William Bragg, a seaman on board the
Washington, that at the time of her seizure she was not within ten miles
of the coast of Nova Scotia. By the first article of the convention above
alluded to, the United States renounce any liberty heretofore enjoyed or
clai-ned by their inhabitants to take, dry, or cure fish on or within three
marine miles of any of the coast of her Majesty's dominions in America,
for which express provision is not made in the said article. This renunciation is the only limitation existing on the right of fishing upon the coasts
of her Majesty's dominions in America, secured to the people of the United
States by the third article of the treaty of 1783.
The right, therefore, of fishing on any part of the coast of Nova Scotia,
at a greater distance than three miles, is so plain that it would be difficult
to conceive on what ground it could be drawn in question, had not attempts
been already made by the provincial authorities of her Majesty's colonies,
to interfere with its exercise. These attempts have formed the subject of
repeated complaints on the part of the government of the United States




121                         [ 100 ]
as will appear from  several notes addressed by the predecessor of the
undersigned to Lord Palmerston.
From the construction attempted to be placed, on former occasions, upon
the first article of the treaty of 1818, by the colonial authorities, the
undersigned supposes that the'"Washington" was seized because she was
found fishing in the Bay of Fundy, and on the ground that the lines
within which American vessels are forbidden to fish, are to run from headland to headland, and not to follow the shore.  It is plain, however, that
neither the words nor the spirit of the convention admits of any such construction; nor, it is believed, was it set up by the provincial authorities for
several years after the negotiation of that instrument. A glance at
the map will show Lord Aberdeen that there is, perhaps, no part of the
great extent of the seacoasts of her Majesty's possessions in America, in
which the right of an American vessel to fish can be subject to less doubt
than that in which the "Washington" was seized.
For a full statement of the nature of the complaints which hlave, from
time to time, been made by the government of the United States against
the proceedings of the colonial authorities of Great Britain, the undersigned invites the attention of Lord Aberdeen to a note of Mr. Stevenson,
addressed to Lord Palmerston on the 27th March, 1841.  The receipt of
this note was acknowledged by Lord Palmerston on the 2d of April, and
Mr. Stevenson was informed that the subject was referred by his lordship
to the Secretary of State for the colonial department.
On the 28th of the same month Mr. Stevenson was further informed by
Lord Palmerston, that he had received a letter from the colonial department, acquainting his lordship that Mr. Stevenson's communication would
be forwarded to Lord Falkland with instructions to inquire into the allegations contained therein, and to furnish a detailed report upon the subject.
The undersigned does not find on the files of this legation any further communication from Lord Palmerston in reply to Mr. Stevenson's letter of the
27th March, 1841, and he believes that letter still remains unanswered.
In reference to the case of the Washington and those of a similar nature
which have formerly occurred, the undersigned cannot but remark upon
the impropriety of the conduct of the colonial authorities in undertaking,
without directions from her Majesty's government, to set up a new construction of a treaty between the United States and England, and in proceeding to act upon it by the forcible seizure of American vessels.
Such a summary procedure could only be justified by a case of extreme
necessity, and where some grave and impending mischief required to be
averted without delay.  To proceed to the capture of vessels of a friendly
power for taking a few fish within limits alleged to be forbidden, although
allowed by the express terms of the treaty, must be regarded as a very
objectionable stretoh of provincial authority. The case is obviously one
for the consideration of the two governments, and in which no disturbance
of a right exercised without question for fifty years from the treaty of
1783, ought to be attempted by any subordinate authority. Even her
Majesty's government, the undersigned is convinced, would not proceed in
such a case to violent measures of suppression, without some understanding
with the government of the United States, or, in the failure of an attempt:
to come to an understanding, without due notice given of the course in.tended to be pursued.




[ 100 ]                        122
The undersigned need not urge upon Lord Aberdeen the desirableness of
an authoritative intervention on the part of her Majesty's government to
put an end to the proceedings conplained of. The President of the United States entertains a confidant expectation of an early and equitable adjustment of the difficulties which have been now for so long time under the
consideration of her Majesty's government. This expectation is the result
of the President's reliance upon the sense of justice of her Majesty's government, and of the fact, that, from the year 1818, the date of the convention, until some years after the attempts of the provincial authorities
to restrict the rights of American vessels by colonial legislation, a practical
construction was given to the first article of the convention, in accordance
with the obvious purport of its terms and settling its meaning as understood by the United States.
The undersigned avails himself of this opportunity to tender to Lord
Aberdeen the assurance of his distinguished consideration.
EDWARD EVERETT.
[Extract.].Mr. Everett to.Mr. Calhoun.
[No. 130.]                                 LONDON, 3May 26, 1844.
SIR: In pursuance of instructions from the Department of State, I
addressed a note t,) Lord Aberdeen on the 10th of August last, on the case
of the Washington, a vessel belonging to the United States, and seized for
having been found fishing within the Bay of Fundy. The receipt of my
note was promptly acknowledged, and I was informed that it had been
referred to the colonial department for inquiry. On the 15th ultimo the
result of this inquiry was communicated to me in a note from Lord Aberdeen, which I herewith transmit to you, together with a copy of my reply,
bearing date the 25th instant.
I have endeavored to present the strong points of our case in a favorable
light; and I cannot doubt that the spirit and intent of the convention of
1818 are such as I have represented them to be in my answer to Lord
Aberdeen.      *       *       *          *          *       *
[Enclosure.]
Lord Aberdeen to.Mr. Everett.
FOREIGN OFFICE, April 15, 1844.
The note which Mr. Everett, envoy extraordinary and minister plenipotentiary of the United States of America, addressed to the undersigned, her
Majesty's principal secretary of state for foreign affairs, on the 10th of
August last, respecting the seizure of the American fishing vessel Washington by the officers of Nova Scotia, having been duly referred to the colonial
office, and by that office to the governor of Nova Scotia, the undersigned




123                        [ 100 ]
has now the honor to communicate to Mr. Everett the result of those
references.
The complaint which Mr. Everett submits to her Majesty's government
is that, contrary to the express stipulations of the convention concluded on
the 20th of October, 1818, between Great Britain and the United States,
an American fishing vessel was seized by the British authorities for fishing
in the Bay of Fundy, where Mr. Everett affirms that, by the treaty, American vessels have a right to fish, provided they are at a greater distance
than three marine miles from the coast.
Mr. Everett, in submitting this case, does not cite the words of the
treaty, but states in general terms that, by the first article of said treaty
the United States renounce any liberty heretofore enjoyed or claimed by
their inhabitants to take, dry or cure fish on or within three miles of any
of the coasts of her Majesty's dominions in America. Upon reference, however, to the words of the treaty, it will be seen that American vessels have
no right to fish, and indeed are expressly debarired from fishing in any bay
on the coast of Nova Scotia.
The words of the treaty of October, 1818, article 1, run thus: "And
the United States hereby renounce forever any liberty heretofore enjoyed or
claimed by the inhabitants thereof, to take, dry, or cure fish, on or hwithin
three marine miles of any of the coasts, bays, creeks or harbors of his Britannic Majesty's dominions in America, not included within the abovementioned
limits, [that is, Newfoundland, Labrador, and other parts separate from
Nova Scotia:] provided, however, that the American fishermen shall be
admitted to enter such bays or harbors for the purpose of shelter," &c.
It is thus clearly provided that American fishermen shall not take fish
within three marine miles of any bay of Nova Scotia, &c. If the treaty
was intended to stipulate simply that American fishermen should not take
fish within three miles of the coast of Nova Scotia, &c., there was no occasion for using the word "bay" at all. But the proviso at the end of the
article shows that the word " bay" was used designedly; for it is expressly
stated in that proviso, that under certain circumstances the American fishermen may enter bays, by which it is evidently meant that they may, under
those circumstances, pass the sea-line which forms the entrance of the bay.
The undersigned apprehends that this construction will be admitted by Mr.
Everett.
That the Washington was found fishing within the Bay of Fundy is, the
undersigned believes, an admitted fact, and she was seized accordingly.
The undersigned requests Mr. Everett to accept the assurances of his
high consideration.
ABERDEEN.
EDWARD EVERETT, Esq.
[Enclosure.]
Mr. Everett to JMr. AJberdeen.
GROSVENOR PLACE,.May 25, 1844.
The undersigned, Envoy Extraordinary and Minister Plenipotentiary of
the United States of America, had the honor duly to receive the note of the
15th of April, addressed to him by the Earl of Aberdeen, her Majesty's




[ 100 ]                        124
principal Secretary of State for Foreign Affairs, In reply to the note of
the undersigned of the 10th of August last, relative to the seizure of the
American vessel, the Washington, for having been found fishing within the
limits of the Bay of Fundy.
The note of the undersigned, of the 10th of August last, although its
immediate occasion was the seizure of the Washington, contained a reference to the correspondence between Mr. Stevenson and Viscount Palmerston on the subject of former complaints of the American government, of
the manner in which the fishing vessels of the United States had in several
ways been interfered with by the provincial authorities, in contravention as
is believed, of the treaty of October, 1818, between the two countries.
Lord Aberdeen's attention was particularly invited to the fact that no answer as yet had been returned to Mr. Stevenson's note to Lord Palmerston,
of 27th March, 1841, the receipt of which and its reference to the Colonial department were announced by a note of Lord Palmerston of the 2d
April. The undersigned further observed that on the 28th of the same
month Lord Palmerston acquainted Mr. Stevenson that his lordship had
been advised from the Colonial office, that'" copies of the papers received
from Mr. Stevenson would be furnished to Lord Falkland, with instructions
to inquire into the allegations contained therein, and to furnish a detailed
report on the subject;" but that there was not found on the files of this
legation any further communication from Lord Palmerston on the subject.
The note of Lord Aberdeen, of the 15th of April last, is confined exclusitely to the case of the Washington; and it accordingly becomes the duty
of the undersigned again to invite his lordship's attention to the correspondence above referred to between Mr. Stevenson aud Lord Palmerston,
and to request that inquiry may be made, without unnecessary delay, into
all the causes of complaint which have been made by the American government against the improper interference of the British colonial authorities
with the fishing vessels of the United States.
In reference to the case of the Washington, Lord Aberdeen, in his note
of the 15th of April, justifies her seizure by an armed provincial vessel, on
the assumed fact that, as she was found fishing in the Bay of Fundy, she
was within the limits from which the fishing vessels of the United States
are excluded by the provisions of the convention between the two countries of October 1818.
The undersigned had remarked in his note of the 10th of August last,
on the impropriety of the conduct of the colonial authorities in proceeding
in reference to a question of construction of a treaty pending between the
two countries, to decide the question in their own favor, and in virtue of
that decision to order the capture of the vessels of a friendly State. A.
summary exercise of power of this kind, the undersigned is sure would
never be resorted to by her Majesty's government, except in an extreme
case, while a negotiation was in train on the point at issue. Such a procedure on the part of a local colonial authority, is of course highly objectionable, and the undersigned cannot but again invite the attention of Lord
Aberdeen to this view of the subject.
With respect to the main question of the right of American vessels to fish
within the acknowledged limits of' the Bay of Fundy, it is necessary, for a
clear understanding of the case, to go back to the treaty of 1783.
By this treaty it was provided that the citizens of the United States
should be allowed I' to take fish of every kind on such part of the coast of




125                          [ 1oo 0
Newfoundland as British fishermen shall use, (but not to dry or cure the
same on that island) and also on the coasts, bays and creeks of all other of
his Britannic Majesty's dominions in America, and that the American fishermen shall have liberty to dry and cure fish in any of the unsettled bays,
harbors and creeks of Nova Scotia, Magdalen islands and Labrador, so
long as the same shall remain unsettled; but so soon as the same or either
of them shall be settled, it shall not be lawful for the said fishermen to dry
or cure fish at such settlement without a previous agreement for that purpose with the inhabitants, proprietors or possessors of that ground."
These privileges and conditions were in reference to a country of which
a considerable portion was then unsettled, likely to be attended with differences of opinion as to what should, in the progress of time, be accounted a
settlement from which American fishermen might be excluded. These differenctes in fact arose, and by the year 1818 the state of things was so far
changed that her Majesty's government thought it necessary in negotiating
the convention of that year, entirely to except the province of Nova Scotia
from the number of the places which might be frequented by Americans as
being in part unsettled, and to provide that the fishermen of the United
States should not pursue their occupation within three miles of the shores,
bays, creeks and harbors of that and other parts of her Majesty's possessions similarly situated. The privilege reserved to American fishermen by
the treaty of 1783, of taking fish in all the waters and drying them on all
the unsettled portions of the coast of these possessions was accordingly by
the convention of 1818 restricted as follows:
" The United States hereby renounce forever any liberty heretofore enjoyed or claimed by the inhabitants thereof, to take, dry, or cure fish on or
within three marine miles of any of the coasts, bays, creeks or harbors of
his Britannic Majesty's dominions in America, not included within the
above mentioned limits; provided, however, that the American fishermen
shall be admitted to enter such bays or harbors for the purpose of sheltering and repairing damages therein, of purchasing wood, and of obtaining
water, and for no other purpose whatever."
The existing doubt as to the construction of the provision arises from
the fact that a broad arm of the sea runs up to the northeast, between the
provinces of New Brunswick and Nova Scotia. This arm of the sea being
commonly called the Bay of Fundy, though not in reality possessing all
the characters usually implied by the term "bay," has of late years been
claimed by the provincial authorities of Nova Scotia to be included among
"the coasts, bays, creeks and harbors forbidden to American fishermen.
An examination of the map is sufficient to show the doubtful nature of
this construction.  It was notoriously the object of the article of the treaty
in question to put an end to the difficulties which had grown out of the
operations of the fishermen from the United States along the coasts and
upon the shores of the settled portions of the country, and for that purpose
to remove their vessels to a distance not exceeding three miles from the,
same. In estimating this distance, the undersigned admits it to be the intent
of the treaty, as it is itself reasonable, to have regard to the general line
of the coast; and to consider its bays, creeks and harbors, that is, the
indentations usually so accounted, as included within that line.  But the
undersigned cannot admit it to be reasonable, instead of thus following the
general directions of the coast, to draw a line from the southwestern-most
point of Nova Scotia to the termination of the northeastern boundary be



[ 100 ]                          126
tween the United States and New Brunswick, and to consider the arms of
the sea which will thus be cut off, and which cannot, on that line be less
than sixty miles wide, as one of the bays on the coast from which American vessels are excluded. By this interpretation the fishermen of the United
States would be shut out from the waters distant, not three, but thirty
miles from any part of the colonial coast.  The undersigned cannot perceive that any assignable object of the restriction imposed by the convention of 1.818 on the fishing privilege accorded to the citizens of the United
States by the treaty of 1783 requires such a latitude of construction.
It is obvious that (by the terms of the treaty) the furthest distance to
which fishing vessels of the United States are obliged to hold themselves
from the colonial coasts and bays, is three miles. But, owing to the peculiar configuration of these coasts, there is a succession of bays indenting
the shores both of New Brunswick and Nova Scotia, within the Bay of
Fundy. The vessels of the United States have a general right to approach
all the bays in her M'Najesty's colonial dominions, within any distance not
less than three miles-a privilege from the enjoyment of which they will
be wholly excluded-in this part of the coast, if the broad arm of the sea
which flows up between New Brunswick and Nova Scotia, is itself to be
considered one of the forbidden bays.
Lastly —and this consideration seems to putt the matter beyond doubtthe construction set up by her Majesty's colonial authorites, would altogether nullify another, and that a most important stipulation of the treaty,
about which there is no controversy, viz: the privilege reserved to American
fishing vessels of taking shelter and repairing damages in Ihe bays within
which they are forbidden to fish.  There is, of course, no shelter nor means
of repairing damages for a vessel entering the Bay of Fundy, in itself considered. It is necessary, before relief or succor of any kind can be had,
to traverse that broad arm of the sea and reach the bays and harbors, properly so called, which indent the coast, and which are no doubt the bays
and harbors referred to in the convention of 1818. The privilege of entering the latter in extremity of weather, reserved by the treaty, is of the
utmost importance. It enables the fisherman, whose equipage is always
very slender (that of the Washington was four men all told) to pursue his
laborious occupation with comparative safety, in the assurance that in one
of the sudden and dangerous changes of weather so frequent and so terrible
on this iron bound coast, he can take shelter in a neighboring and friendly
port.  To forbid him to approach within thirty miles of that port, except
for shelter in extremity of weather, is to forbid him to resort there for that
purpose. It is keeping him at such a distance at sea as wholly to destroy
the value of the privilege expressly reserved.
In fact it would follow, if the construction contended for by the British
colonial authorities were sustained, that two entirely different limitations
would exist in reference to the right of shelter reserved to American vessels on the shores of her Majesty's colonial possessions. They would be
allowed to fish within three miles of the place of shelter along the greater
part of the coast; while in reference to the entire extent of shore within
the Bay of Fundy, they would be wholly prohibited from fishing along the
coast, and would be kept at a distance of twenty or thirty miles from any
place of refuge in case of extremity. There are certainly no obvious principles which render such a construction probable.
The undersigned flatters himself that these considerations will go far to




127                        [ 100 ]
satisfy Lord Aberdeen of the correctness of the American understanding of
the words "Bay of Fundy," arguing on the terms of the treaties of 1783
and 1818.  When it is admitted that, as the undersigned is advised, there
has been no attempt till late years to give them any other construction
than that for which the American government now contends, the point
would seem to be placed beyond doubt.
Meantime Lord Aberdeen will allow that this is a question, however
doubtful, to be settled exclusively by her Majesty's government and that
of the United States.  No disposition has been evinced by the latter to
anticipate the decision of the question; and the undersigned must again
represent it to the Earl of Aberdeen as a matter of just complaint and surprise on the part of his government, that the opposite course has been pursuedl by her Majesty's colonial authorities, who have proceeded (the undersigned is confident without instructions from London,) to capture and detain
an American vessel on a construction of the treaty which is a matter of
discussion between the two governments, and while the undersigned is
actually awaiting a communication on the subject promised to his predecessor.
This course of conduct, it may be added, objectionable under any circumstances, finds no excuse in any supposed urgency of the case. The Washington was not within three times the limit admitted to be prescribed in
reference to the approach of American vessels to all other parts of the coast,
and in taking a few fish, out of the abundance which exists in those seas,
she certainly was inflicting no injury on the interests of the colonial population which required this summary and violent measure of redress.
The undersigned trusts that the Earl of Aberdeen, on giving a renewed
consideration to the case, will order the restoration of the Washington, if
still detained, and direct the colonial authorities to abstain from the further
capture of the fishing vessels of the United States under similar circumstances, till it has been decided between the two governments whether the Bay
of Fundy is included among c" the coasts, bays, creeks and harbors " which
American vessels are not permitted to approach within three miles.
The undersigned requests Lord Aberdeen to accept the assurances of his
distinguished consideration.
EDWARD EVERETT.
The EARL OF ABERDEEN2, &C., &C.
[ Extract.]
iMr. Calhoun to Mlr. Everett.
CNo. 97.]                         DEPARTMENT OF STATE,
Washington, July 5, 1844.
SIR: I have the honor to acknowedge the receipt of your despatches to
No. 147, inclusive.
The President is perfectly satisfied with the manner in which you have
presented the case of the American vessel Washington, seized by British
colonial authorities for having been found fishing within the Bay of Fundy,
and with the argument on the main question contained in your note to the
Earl of Aberdeen of the 25th of May last, involving the interpretation to be
given to the provisions of the convention of 1818.  *  *  *  *  * 




[ 100                          128
Jihr. Calhoun to Mr. Everett.
[No. 105.]                   DEPARTMENT OF STATE,
Washington, September 6, 1844.
SIR: It would seem from a perusal of the papers which accompany this
despatch that an outrage has recently been committed by the British cutter
Sylph on the American fishing schooner Argus, William Doughty master,
off the coast of Cape Breton, much in character with some of those which
have from time to time been made the subject of remonstrance by this
government. Instructions in cases analagous to the one now under consideration having already been given by this department to the legation of the
United States at London, it is not deemed necessary to repeat them at this
time for the purpose of expressing the views of this government, or of
pointing out the course which you will be expected to pursue in presenting
the case of the Argus to the notice of the British government.
I am, sir, respectfully, your obedient servant,
J. C. CALHOUN.
EDWARD EVERETT, Esq.
List of accompanying papers.
J. and J. Starling to the Secretary of State, (one enclosure) dated 26th
August, 1844.
United States Consul at Halifax to Messrs. J. and J. Starling, 19th August, 1844.
Deposition of Edwin Doughty.
Deposition of Joshua Doughty.
[Enclosure.]
PORTLAND, August 26, 1844.
SIR: We beg leave to lay before you the enclosed letter from our consul
at Halifax, and earnestly beg for your interference to seej ustice done to us.
We are fishermen and have but little property and are wholly unable to pay
the sum the consul says is required by the court to be secured before we are
permitted to have a trial of our vessel. Our vessel was fifteen miles from
any land when she was seized, and if the British construction of the treaty
is right, then no American can fish in the Bay of Fundy, even if he is fifty
miles from any shore.
As well might we draw a line from Cape Florida to Cape Cod and say
that meant three " marine miles from the shore" between these capes.
It appears, from the consul's letter, to be the determination of the English
government to condemn the vessel, and all our vessels found within " three
marine miles" of a line drawn from cape to cape. Our vessel had two
hundred and fifty quintals of fish on board, and the vessel was valuable to
us and to her crew, who were turned on shore without funds or means to help
them home. It appears that this seizure is made to settle the disputed con



129                          [ 100 ]
Struction of the treaty, and we most confidently rely on the strong arm of
our government to defend and protect us in our honestly acquired property
and peaceful industry.
With great respect, we are, sirg your most obedient servants,
J. & J. STARLING.
To the Hon. J. C. CALHOUN,
Secretary of State, Washington City.
[Enclosure.]
I, Edwin Doughty, of Portland, State of Maine, aged twenty-three years,
on oath testify and say, that I was shJipped in April last as salter on board
the fishing schooner Argus, of Portlanc, of which vessel William Doughty
was master or skipper; that we sailed in April for Cape Sables, made our
freight of fish and returned about the 10th of June last; wve sailed again about
the 1Sth of June, and in six days arrived on St. Ann's bank, which lies between Cow-bay head and Cape North, and is more than fifteen marine miles
from  any land; we fished there until the sixth day of July, when we
were captured by a cutter called the Sylph, of Haiifax, being a Nova Scotia
government schooner commanded by a man named Dodge, and carried us
into Sidney.  We arrived at Sidney about five o'clock in the morning of
the 7th July, where we lay until ten o'clock next morning  henl Dodge
ordered us all to leave the Argus, in fifteen mirnutes, and.that all of our
wearing apparal that we did not get out in fifteen minutes Dodge declared would be held with the prize.  We all left within the fifteen
minutes, but some' of the crew forgot some of their effects and requested
leave to go on board fbr them; this request was denied, nor would this
Dodge deliver them up. We told this Dodge that we had not a cent of
money, and requested leave to take some of our bread, beef and pork on
shore to live on for a day or two until we could find some chance to get
home.  He replied we should not have a singfle biscuit; we urged our destitute situation, but all the reply we got was that our situationl was nothing
to him.  When Dodge took tus our skipper told him we were imore than
fifteen miles from land; this Dodge admitted, for from where we lay Cape
North bore north by compass, and Cow-heal'bore SS F. by comprass, and
on inspection the chart will show we w ere more than sixteen miles from
any shore, and in fact we were all of three miles outside of a line drawn
from Cow-bay hea'd to Cape North; but Dodge said we vere within three
miles of such a line, and onl their construction of the treaty that we were a
lawful prize; he said he seized us to settle the question.  Dodge read the
annexed document as hiis authority and gave it to my fther, the skipper,
who gav-e it to ne to bring home to the owners.
1[ got on board the fishing schooner Enmma of Portland, and camle home
with!:w.f myb3othersi and 1otl5,nd c:atl-~'            S     i  dney_
vwith- tgn  o n v b, e  m t h oers,  d -fdI r,'! t,,) of the crew at Si ndey
7who weret to go to -:;lf.
LDWARD DOUGH'TY.
tx.7r




[10  ]                          130
CUMBERLAND,  MAINE, M august 26, 1844.
Then the above mentioned Edward Doughty personally appeared and
made'l  solemn oath to the foregoing deposition by him subscribed before me.
JOHN ANDERSON,
Justice of the Peace.
1, Joshllua Doughty, of Portland, in the county of Cumberland and State
of Maihne, aged fourteen years, on oath declare that I was a boy on board
the fishilng  schooner Argus, shipped in April last, and was in her until she
was captured by the British cutter Sylph on the ninth of July last.  I
further say that I was present at the noting of the deposition of my brother,
Edward Doughty, and that all lie has related of our capture and treatment
is true.
his
JOSHUA x DOUGHTY.
mark.
Witness: JoHN ANDER SO;N.'Cumiberland, ss:                                 dlugust 26, 1844.
Then the above named Joshua Doughty personally appeared and made
oath to the foregoing deposition by him subscribed before me.
JOHN ANDERSON,
Justice of the Peace.
[Enclosure.]
CoNSULATE OF TI-IE UNITED STATES,
Halifax, JVova Scotia, tugust 19, 1844.
GEN'TLEMEN: I have to inform  you that William  Doughty, master of
schooner " Argus," called at my office on the 17th instant, and stated that
his vessel had been seized by one of the colonial cruizers off the Cape
Breton coast on the 6th of this month, and was taken into Sidney for an
infraction on the British fisheries; or rather from the construction put upon
the treaty of 1818 by the crown officers in England, which states that the
I'three marine miles" shall be from headlands. The seizing officer has
determined to prosecute the suit, as the attorney general this (lay informed
me; it wsill be two months ere the admiralty court will be convened. I
have endeavored thus far to procure the release of this vessel, but without effect. The expenses in the court are very heavy, and previous to
defending a suit, the judge requires security to the amount of three hundred dollars, so that generally speaking it is better to let the suit go by
default, and purchase the vessel after condemnation.  The master of the
Argus and two of the crew are here, waiting a passage to Boston; as they
have no means you will please establish a credit with Alfred Greenough,
esq., Boston, for my account, say to the amount of fifty dollars, or authorize




13t                         [ 1    ]
him to pay the masters bill for the amount of his expenses here and passage
to Boston. I hold the depositions of Captain Doughty and two of Ihis
crew.
With respect,
T. B. LIVINGSTON,
United States Consul.
M'qessrs. J. & J. STARLING, Portland.
[Extract.]
MJr. Everett to Mlr. Calhoun.
[No. 187.]                                 LONDON, October 9, 1844.
SIR: Your instructions No. 105, dated September 6, and enclosihg sundry papers relative to the seizure of the American fishing vessel the " Argus" by a Nova Scotia govenment schooner, were received by me'a short
time since.
I transmit herewith a copy of a note which I have addressed to Lord
Aberdeen on the subject.
i      7       %       K      % *             x-:    TIC
Having discussed the general principles involved in the question in my
note to Lord Aberdeen, of the 26th of May last, in a manner which the
President has been pleased to approve, I have thought it unnecessary to
go over the ground again on this occasion.
J0I1N C. CALHOUN, Esq.,
Secretary of State.
[Enclosure.]
GROSVENOR PLACE, October 9, 1844.
The undersigned, envoy extraordinary and minister plenipotentiary of
the United States of America', has the honor to transmit to the Earl of
Aberdeen, her Majesty's principal Secretary of State for foreign affairs, the
accompanying papers relating to the capture of an American fishing vessel
the "' Argus," by a government cutter from Halifax, the s" Sylph," on the
6th of July last.
In addition to the seizure of the vessel, her late commander, as Lord
Aberdeen will perceive from his deposition, complains of harsh treatment
on the part of the captors.
The grounds assigned for the capture of this vessel are not stated with
great distinctness. They appear to be connected partly by the construction
set up by her Majesty's provincial authorities in America, that the line
within which vessels of the United States are forbidden to fish, is to be
drawn from headland to headland, and not to follow the indentations of
the coast, and partly with the regulations established by those authorities,
in consequence of the annexation of Cape Breton to Nova Scotia.
With respect to the former point, the und(ersignedc deems it unnecessary,
on this occasion, to add anything to the observations contained in his note




[  00 ]                           132
to Lord Aberdeen, of the 25th of May, on the subject of limitations of the
right secured to American fishing vessels by the treaty' of 1783 and the
convention of S1818, in reply to the note of' his lordship of the 15th of
April on the same subject.  As far as the capture of the Argus was made
under the authority of the act annexing Cape Breton to Nova Scotia,.
the undersigned would observe that he is under the impression that the
question of the legality of that measure is still pending before the judicial
committee of her Majesty's privy council. It would be very doubtful
whether rights secured to American vessels under public compacts could,
under any circumstances, be impaired by acts of subsequent domestic legislation; but to proceed to capture American vessels, in virtue of such acts,
while their legality is drawn in question by the home government, seems
to be a measure as unjust as it is harsh.
Without enlarging on these views of the subject, the undersigned  wouldl
invite the attention of the Earl of Aberdeen to the severity and injustice
which in other respects characterize the laws and regulations adopted by
her majesty's provincial authorities against the fishing vessels of the United
States.  Some of the provisions of the provincial law, in reference to the
seizures which it authorizes of American vessels, -were pronounced, in a
note of Mr. SteDhenson to Viscount Palmerston of the 27th of'Narch,
1841, to be " violations of well-established principles of the common law
of England, and of the principles of the just laws of well civilized
nations;" and this strong language was used by Mr. Stevenson under the
express instructions of his government.
A  demand of security to defend the suit from persons so little able to
iurnish it as the captains of small fishing schooners, and so heavy that, in
the language of the Consul at Halifax, "it is generally better to let the
"sui go by (lefaul-t,"' mnust be regarded as a provision of this description~
Others still more oppressive are pointed out in Mr. Stevenson's note above
referred to, in reference to ~which the undersigned finds himself otlib red to
repeat the remark made in his note to Lord Aberdeen of the 10Oth of' August, 1843, t-hat he believes it still remains unanswered.
It is stated1 by the captain of the "Argus" that the commander of the'
Nova Scotia schooner by which he was captured said that he was within
three miles of the line beyond which, " on their construction of the treaty,
we were a lawful prize, anda that he seized us to settle the question."
The undlersigned again feels it his duty, on behalf of his government,
formally to protest against an act of this description.  American vessels
of triing size, and pursuing a branch of industry of the most harmless
descriltion, which, however beneficial to themselves, occasions no detriment to others, instead of being turned off the debatable fishing grounda remedy fully adequate to the alleged evil-are proceeded against as if
*engaged in the most undoubted infractions of municipal law or the law of
nations; captured and sent into port, their crews deprived of their clothing
and personal eiFcts, and the vessels subjected to a mode of procedure in
the Conrt    v- whic) amounts in many cases to confiscation; and this is done
to settle tfe construction of a treaty.
A course so violent and unnecessarily harsh would be regarded by any
government as a just cause of complaint against any other with whom it
might differ in the construction of a national compact.  But when it is
considered that these are the acts of a provincial government, with whom
that of the United States has and can have no intercourse, and that they




133                         [ l10o'continue and are repeated while the United States and Great Britain, the
only parties to the treaty the purport of whose provisions is called in question, are amicably discussing the matter, with every wish, on both sides, to
bring it to a reasonable settlement, Lord Aberdeen will perceive that it
becomes a subject of complaint of the most serious kind.
As such, the undersigned is instructed again to bring it to Lord Aberdeen's notice, and to express the confident hope that such measures of
redress as the urgency of the case requires will, at the instance of his lordship, be promptly resorted to.
The undersigned avails himself of this opportunity to renew to the Earl
of Aberdeen the assurance of his distinguished consideration.
EDWARD EVERETT.
The EARL OF ABERDEEN, &C., &c., &c.
J3lr. Everett to JMlr. Calhoun.
[No. 204.]                               LONDON, iJove7mber 4, 1844.
SIR: With my despatch No. 187, of the 9th of October, I transmitted a
copy of a note of the same date, addressed by me to Lord Aberdeen, on
the subject of an American fishing vessel, the Argus, captured off the coast
of Cape Breton by a provincial cruiser.
I received on the 19th inst, and of course too late for transmission by the
Halifax steamer, which sailed that day from Liverpool, the accompanying
note from Lord Aberdeen, informing me that my communication had been
referred to the Colonial Department for investigation, and that I should
hear again from him as soon as the result of the inquiry should be made
known to hiti.
I am, sir, with great respect, your obedient servant,
EDWARD EVERETT.
Jo01u  C. CALHOUN, Esq.,
Secre ta.ry oJ Slatce.
[Enclosure.]
Lord.Jberdeen to MIlr. Everett.
FOREIGN mOFFICE, October 12, 1844.
The undersigned, her Majesty's Principal Secretary of State for Foreign
Affairs, has the honor to acknowledge the receipt of the note dated the 9th
instant, from Mr. Everett, Envoy Extraordinary and Minister Plenipotentiary of the United States of America, bringing forward the complaint of
the master of the American schooner Argus against the seizure of his vessel
off the Cape Breton coast by one of her Majesty's colonial cruisers.
The undersigned has lost no time in referring Mr. Everett's letter to
her Majesty's Principal Secretary of State for the colonies, with a request
that an inquiry may be instituted into this affair; and the undersigned will
again have the honor of communicating with Mr. Everett upon this sub



100 ]                          134
ject as soon as the result of the inquiry shall have been made known to the
undersigned.
The undersigned avails himself of this opportunity to renew  to Mr.
Everett the assurance of his high consideralion.
ABERDEEN.
EDWARD EVERETT, Esq.
[Extracts.]
MJVlr. Everett to Mir. CalhouTn.
No. 278.]                               LON-DON, Jlarch 25, 1845.
SiR: You are awai e that the construction of the first article of the convvtnti(,n between Great Britain and the United States, of 1818, relative to
the right of fishing in the waters (,f the Anglo-American dependencies, has
long been in discussion between the two governments. Instructions on this
subject were several times addressed by Mr. Forsyth to my predecessor,
particularly in a despatch of the 2.0th of February, 1841, which formed the
basis of an able and elaborate note from Mr. Stevenson to Lord Palmerston,.
of the 27th of the following month. Mr. Stevenson's representations were
acknowledged, and referred by the Colonial Office to the provincial governmnent of Nova Scotia; but no other answer was returned to them.
The exclusion of American fishermen from  the waters of the Bay of
Fundy was the most prominent of the grievances complained of on behalf
of the United States. Having received instructions from the department in
reference to the seizure of the "Washington" of Newburyport, for fishing
in the Bay of Fundy, I represented the case to Lord Aberdeen in a note
of the 10th of August, 1843. An answer was received to this note oni the
15th of April following, in which Lord Aberdeen confined himself to stating that by the terms of the convention the citizens of the United States
w-ere not allowed to fish within three miles of any bay upon the coast of
the British American colonies, and could not, therefore, be permitted to
pursue their avocation within the Bay of Fundy. I replied to this note
on the 25th of May following, and endeavored to show that it ~was the
spirit and design of the first article of the convention of 1818 to reserve to
the people of the United States the right of fishing within three miles of
the coast. Some remarks on the state of the controversy at that time will
be found in my despatch, No. 130, of the 26th of May last.
On the 9th of October last, in obedience to your instructions, No. 105,
I ad idressed a note to Lord Aberdeen in reference to the case of the "Argus"'
of Portland, which was captured while fishing on St. Anne's bank, off the
northeastern coast of Cape Breton.  The papers relative to this case left
the precise grounds of the seizure of the "Argus" in some uncertainty.
It was, however, sufficiently apparent that they were, to some extent at
least, similar to those for which the " Washington" had been captured.
I received a few da3 s since, and herewith transmit a note from Lord Aberdeen, containing the satisfactory intelligence that after a reconsideration
of the subject, although the Queen's government adhere to the construction
of the convention which they have always maintained, they hlave still come




135                          [100]
to the determination of relaxing from it, so far as to allow American fishermen to pursue their avocations in the Bay of Fundy.
I thought it proper, in replying to Lord Aberdeen's note, to recognise in
ample terms the liberal spirit evinced by her Majesty's government, in
relaxing from what they consider their right.  At the same time I felt myself bound to say that the United! States could not accept as a mere favor
what they hadl always claimed as a matter of right, secured by the treaty.
Lord.Aberdeen ti JMr. Everett.
FOREIGN OFrFICE, M1arch 10, 1845.
The undersigned, her Majesty's principal Secretary of State for Foreign
Affairs, duly referred to the Colonial Department the note which Mr. Everett, Envoy Extraordinary and Minister Plenipotentiary of the United States
of America, did him the honor to address to him on the 25th of May last,
respecting the case of the "~WTashington," fishing vessel, and on the genoeraT question of the right of United States fishermen to pursue their calling
in the Bay of Fundy; and having shortly since received the answer of t-hat
department, the undersigned is now enabled to make a reply to Mr. Everett's comlmunication, which he trusts will be found satisfactory.
In acquitting himself of this duty, the undersigned will not think it necessary to enter into a lengthened argument in reply to the observations which
have at different times been submitted to her Majesty's government by Mr.
Stevenson and Mr. Everett, on the subject of the right of fishing in the
Bay of Fundy, as claimed in behalf of the United States' citizens.  The
undersigned will confine himself to stating that after the most cdeliberate
reconsideration of the subject, and with every desire to ldo full justice to the
United States, and to view the claims put forward on behalf of' United
States' citizens in the most favorable licht. her ciajesty's government are
nevertheless still constrained to dteny the right of United States' citizaens,
under the treaty of 18S, to fish in that part of the Bay of Fundy which,
from its geog'raphical position, maty properly be considered as included Nwithin the British possessions.
Her Majesty's government must still maintain, and in this view they- are
fortified by high legal authority, that the Bay of Fundy is rightfully claimed
by Great Britain as a bay within the meaning of the treaty of 1SIS.  And
they equally maintain the position which was laid down in the note of the
undersigned, (lated the 15th of April last, that, with regard to the other
bays on the British American coasts, no United States' fisherman has, under
that convention, the right to fish within three miles of the entrance of such
bays as designated by a line drawn from headland to headland at that entrance.
But while her Majesty's government still feel themselves bound to maintain these positions as a matter of right, they are nevertheless not insensible to the advantages which would accrue to both countries from a relaxation of the exercise of that right; to the United States as conferring a
material benefit on their fishing trade; and to Great Britain and the United
States, conjointly and equally, by the removal of a fertile source of disagreement between them.




[100]                             136
Her Majesty's government are also anxious, at the same time that
they uplDold the just claims of the British crown, to evince by- every reasonable concesssion their desire to act liberally and amicably towards the
United States.
The undersigned has accordingly much pleasure in announcing to Mr.
Ever-eft, the determination to which her Majeity's government have come
to relax in favor of the IUnited States fishermen, that right which Great
Britain has hitherto exercised, of excludringf those fishermen from the British
portion of the Bay of Fundy, and they are prepared to direct their colonial
authorities to allow  henceforward the United States fishermen to pursue
their avocations in any part of th-%Bay of Fundly, provided they do not
approach, except in the cases specified in the treaty of 11SS, within three
miles of the entrance of any bay on the coast of Nova Scotia or New
BrunswTick.
In thus communicating to Mr. Everett the liberal intentions of her MajestTy's government, the undersigned desires to call Mr. Everett's attention
to the fact that the produce of the labor of the British colonial fishermen is
at the present moment excludeeld by prohibitory duties on the part of the
Unitedl Sta;s fromn the markets of that country; and the undersigned would
submit to.-1. Everett that the moment at which the British government
are making a liberal concession to United States' trade, might well'be
deemed favorable for a counter conc ssion on the part of the United States
to British trade, by th.e reduction o.' the duties which operate so prejudlicially to the interests of' the British,-!onial fishermen.
The undersignetd has the honor to I-:mew to LMr. Everett, -he assurances
of his high consideration.
ABERDEEN.
[Ench..;ure.]
_1r. Everett to Lord Acberdeen.
GiaosvExo)R PLACE, ia-,rc?1 25, 1845.
The under-signed, envoy extraordinary and minister plenipotentiary of
the 1United States of America, has the honor to acknowledge the receipt
of a: note of tbhe 10th instant from  the Earl of Aberdeen,  her Miajesty's
princ-ipal Secretary of State for -foreign affairs, in reply to the colnmunication of the uindersigned of thie 5i th of Ma/y last, on the case of the
1 Waslshlingcton,"   and the construction givern by thle government of the United States to the convention of 15.1S, relative to the right of fishing on
the coasts of Nova Scotia aid Neiw Brunswick.
Lord Aberdeen acquaints the under:signed, that, after the most deliberate reconsideration of the subject, ancl iwith every desire to do full justice
to the United States and to view the claims put forward on behalf of their
citizens in the most favorable light, her Majesty's government are nevertheless still constrained to deny the right of citizens of the United States,
under the treaty of 1818, to fish in that part of the Bay of Fundy which
from  its geographical position may properly be considered as included
wilthin the British possessions; and also to maintain that, with regard to




137                         [100  ]
the other bays on the British American coasts, Po United States fisherman
has, under that convention, the right to fish within three miles of the
eentrance of such bay, as designated by a line drawn from  headland to
headland at that entrance.
Lord Aberdeen, however, informs the undersigned that, al-though continuing to maintain these positions as a matter of right, her Majesty's
government are not insensible to the advantages which might accrue to
both countries from  a relaxation in its exercise; that they are anxious,
while upholding the just claims of the British crown, to evince by every
reasonable concession their desire to act liberally and amicably towards
the United States; and that her {Majesty's government have accordingly
co me to the determination "' to relax in favor of the United States fishermen the right which Great Britain has hitherto exercised of excluding
those fishermiean froml the British portion of the Bay of Fundy, and are
prepared to (direct their colonial authorities to allow, henceforwardl, the
United States fishermen to pursue their avocations in any part of the Bay,of Fundy, provided they do not approach, except in the cases specified in
the treaty of 1818, within three miles of the entrance of any bay on the
coast of Nova Scotia or New B3runswick."
ihle undersigned receives with great satisfaction this communication from
Lord Aberdeen, which promises the permanent removal of a fiuitful cause
of dbsareetment between the two countries, in reference to a valuable portion of the flsheries in question.  The government of the United States,
the undersigned is persuaded, will duLly appreciate the friendly motives
~wvhich have led to the determination on the part of her Majesty's government announced in Lord Aberdeen's note, and which he doubts not wrill
have the natural effect of acts of liberality between powerful states, of
otleducing benefits to both parties, beyond any immediate interest which:may be falvorably affected.
Wihle he desires, however, without reserve, to express his sense of the
amicabie disposition evinced by her Majesty's government on this occasion
in relaxing in favor of the United States the exercise of what, after deliberate reconsideration, fortified by high legal authority, is deemed an unquestioned right of her Miajesty's government, the undersigned would be
unfaithful to his duty did'he omit to remark to Lord Aberdeen that no argumelnts have at any time been adduced to shake the confidlence of the.government of the United States in their own construction of the treaty.
Whi'le they have ever been pire-par.ed to admit, that in the letter of one expression of that instrument tihere is some reason for claiming a right to
excliude United States fishermenn rom the Bay of Fundy, (it being difficult
to deny to that arm of tlhe sea the name of " bay," which long geographical usage has assigned to it,) they have ever strenuously maintained that
it is only on their own construction of the entire article that its known de-:sign in reference to the regulation of the fisheries admits of being carried
into efieet.
The undcrsigned does not make this observation for the sake of detracting
from the liberality evinced by her Majesty's government in relaxing frolr
wlhat they regard as their right; but it would be placing his own governnment in a false position to accept as mere -favor that for which they have:so long and strenuously contended as clue to them under the convention.
Tt becomes the more necessary to make this observation, in consequence




[ 100 ]                          138
of some doubt as to the extent of the proposed relaxation.  Lord Aberdeen, after stating that her Majesty's government felt themselves con-.
strained to adhere to the right of excluding the United States fishermen
from the Bay of Fundy, and also with regard to other bays on the British
American coasts, to maintain the position that no United States fisherman has, under that convention, the right to fish within three miles of the
entrance of such bays, as designated by a line drawn from headland to,
headland at that entrance, adds, that "while her Majesty's government
still feel themselves bound to maintain these positions as as matter of right,
they are not insensible to the advantages which would accrue to both
countries from the relaxation of that right."
This form of expression might seem to indicate that the relaxation proposed had reference to both positions; but when Lord Aberdeen proceeds
to state more particularly its nature and extent, he confines it to a permission to be granted to " the United States fishermen to pursue their avo —
cations in any part of the Bay of Fundy, provided they do not approach
except in the cases specified in the treaty of 1818, within three miles of'
the entrance of any bay on the coast of Nova Scotia and New Brunswick,"'
which entrance is defined, in another part of Lord Aberdeen's note. as
being designated by a line drawn from headland to headland.
In the case of the "Washington," which formed the subject of the note
of the undersigned of the 25th Miay, 1844, to which the present commiunication of Lord Aberdeen is a reply, the capture complained of was in the
waters of the Bay of Fundy; the principal portion of the argument of the
undersigned was addressed to that part of the subject; and he is certainly
under the impression that it is the point of greatest interest in the discussions which have been hitherto carried on between the two governments, in
reference to thlale United States' right of fishery on the Anglo-American
coasts.
In the case, however, of the " Argus," which was treated in the note of
the undersigned of the 9th of October, the capture was in the waters which
wash the north-eastern coast of Cape Breton, a portion of the Atlantic
ocean intercepted indeed between a straight line drawn from Cape North
to the northern head of Cow bay, but possessing none of the characters of
a bay, (far less so than the Bay of Fundy,) and not called a "bay " on any
map which the undersigned has seen.  The aforesaid line is a degree of
latitude in length; and as far as reliance can be placed on the onlyv maps
(English ones) in the possession of the undersigned on which this coast is
distinctly laid down, it would exclude vessels from fishing grounds whnich
might be thirty miles from the shore.
Lord Aberdeen, in his note of the 10th instant, on the case of the I' Argus," observes that, " as the point of the construction of the convention of
1818, in reference to the right of fishing in the Anglo-American dependencies by citizens of the United States, is treated in another note of the undersigned of this date, relative to the case of the " Washington," the undersigned abstains from again touching on that subject."
This expression taken by itself would seem to authorize the expectation
that the waters where these two vessels respectively were captured would
be held subject to the same principles, whether of restriction or relaxation,
as indeed all the considerations which occur to the undersigned as having
probably led her Majesty's government to the relaxation in reference to




139                          [ 100 ]
the Bay of Fundy, exist in full and even superior force in reference to the
waters on the north-eastern coast of Cape Breton, where the "Argus" was
seized.  But if her Majesty's provincial authorities are permitted to regard
as a "bay" any portion of the sea which can be cut off by a direct line connecting two points of the coast, however destitute in other respects of the
character usually implied by that name, not only will the waters on the
north-eastern coast of Cape Breton, but on many other parts of the shores
of the Anglo-Amrerican dependencies where such exclusion has not yet been
thought of, be prohibited to American fishermen.  In fact, the waters which
wash the entire south-eastern coast of Nova Scotia, from  Cape Sable to
Cape Canso, a distance on a straight line of rather less than three hundred
miles, would in this way constitute a bay, fIrom which United States fishermen would be excluded.
The undersigned, however, forbears to dwell on this subject, being far
from certain, on a comparison of all that is said in the two notes of Lord
Aberdeen of the 10th instant, as to the relaxation proposed by her BMajesty's government, that it is not intended to embrace the waters of the
northeastern coasts of Cape Breton, as well as the Bay of Fundy.
Lord Aberdeen, towards the close of.the note in whYich the purpose of
her Md4ajesty's governmcent   s communicate, invites the attention ob the
undersigned to the fact thiat Biitishl colonial fish is, at the present time,
excluded by prohibitory duties fiom the markets of the United States, and
suggests th1at the imoment at which the Britilh government are malking a
liberal concession to United States trade, might be deemed favorable for a
co-unter concession on the part of the United States to British trade, by the
reduction of duties which operate so priejudicially to the interests of British
colonial fishermien.
The undersigaed is of course  without instructions which enable him to
make any definite reply to this sugestioo.  It is no doubt true that the
British colonial fish, as far as duties are concerned, enters the United States
market, if at all, to some disadvantage.  The govermnent of the United
States, he is persuadle, would gladly make any redauction in these duties
which would not seriously injure the native fishermen; but Lord Aberdeen.
is aware that the encouragement of this class of the sea-faring community
has ever been considvered, as well in the United States as Great Britain, as
resting on peculiar grounds of expediency.  It is the great school not only
of the commercial but of the public marine, and the highest considerations
of national policy require it to be fostered.
The British colonial fishermen possess considerable advantages over
those of the United States.  The remoter fisheries of Newfoundland and
Labrador are considerably more accessible to the colonial than to the United States fishermen.  The fishing grounds on the coasts of New Brunswick and Nova Scotia, abounding in cod, mackerel and herring, lie at the
doors of the.former; he is therefore able to pursue his avocation in a
smaller class of vessels, and requires a smaller outfit; he is able to use the
net and the seine to great advantage in the small bays and inlets along the
coast, from which the fishermetn of the United States, under any construction of the treaty, are excluded. All or nearly all the materials of ship
building, timber, iron, cordage and canvass are cheaper in the colonies
than in the United States, as are salt, hooks and lines. There is also
great advantage enjoyed in the former in reference to the supply of bait.




[ eo00]                           14o
and curing the fish.  These, and other causes, have enabled the colonial
-fishermen to drive those of the United States out of many foreign markets, and might do so at homne but for the protection afforded by the duties.
It may be added that the highest duty on the kinds of fish that would
be sent to the American market, is less than a half-penny per pound,
which cannot do more than counter-balance the numerous advantages possessed by the colonial fishermen.
The undersigned supposes, though he has no particular information to
that effect, that equal or higher duties exist in the colonies on the importation of fish from the United States.
The undersigned requests the earl of Aberdeen to accept the assurance
of his high consideration.
EDWARD EVERETT.
Kr. Everett to 2jr. CbWhoun..
[No. 287.]                                     LONDON, April 2, 1845.
SIR: I transmit herewith a note from Lord Aberdeen with   sundry enclosures, relative to the seizure of the fishing vessel, the Argus, in the month
of July last, together wizith a copy of my reply.
Although I do not thlink thaere is ground for ch'nrging those who cornplained of harsh treatment on the part of the captoers of that vessel with
intentional and malicious misrepresention, it is evident that their affidavits
are quite inaccurate.  It will be for the department to decide whether it
will be expedient to call upon Messrs. J. & J. Starling, of Portland, the
owners of the Argus, and the American consuls at Sydney and Halifax
-for furt'lher information.
Every caose like this of exaggerated statement, and especially every complaint of ill-treatment where kindness has been experienced, is to be regretted not merely a mnorally wrong, but as tending  unzaroidably to impair
the efficacy of official intervention to procure the redress of the wrolngs of
our citizens.
It is for this reason that I have been at more pains thtn would othe1rwise have been worth while, to point out to Lord Aberdeen the reasons
which exist for think'ing, that wmith considerable inaccuracies in their deposition, and a very unfortunate misstatement as to the participation of TMlr.
Dodd, the officer by whom they vwere captured, in the treatment complained
-of there may not be in ihe substance ot their narrative, sufficient reason
to accuse them of a wilful departure from truth.
I am, sir, with great respect, your obedient servant,
EDWARD EVERETT.
[Enclosure.]
Lord Aberdeeon to Jr. Everett.
FORtEIGN OFFICE, March 10, 1845.
The undersigned, her Majesty's principal Secretary of State for Foreign
Affairs, in his note of the 18th of October last, had the honor to inform




141                           [ 10]
Mr. Everett, envoy extraordinary and minister plenipotentiary of the
United States of America, that he had referred his note of the 9th of that
month, and its enclosures respecting the "Argus" fishing vessel, to the
colonial office, in order that inquiries might be made into that matter.
Those inquiries having now been completed, the undersigned proceeds to
make Mr. Everett acquainted with the result of them.  The best mode of
accomplishing this object will be by laying before Mr. Everett in extenso
the whole of the papers relative to the case in question, which the undersigned has received from  the colonial department, and which the undersigned has accordingly the honor to enclose herewith.
As the point of the construction of the convention of 1818 with reference to the rights of fishing on the coasts of the Anglo-American dependencies, by citizens of the United States, is treated in another note of the
undersigned of this day's date, relative to the case of the Washington,
the undersigned abstains froml a.gain touching upon that subject, ad will
confine himself in this note to the point of thte huarsh treatment of the
patron and crew of the Arguts by the commander of the Nova Scotia revenue cruiser SjlZt, which is alleged in Mri. Everett's note of the 9th of
October and its enclosures.
The undersigned must premise by observing that the affidavits of the
parties who bring this charge against the comm.an1der of the Syiph are not
only confused and obscure, but contradictory in themiselves, and lit;tle calculated by their general tone to inspire confidence ini the persons who make
them.  One of the parties, being one of the crow of the Arguso declares
on oath that the capture of the Argus by the Sylph, took place on Vthe 6th
of July, while thle other party, being equally one of the crew, declares oi.
oath that the capture took place on the 9th of July.  The capture add, in
fact, take place on the 7th of August.  These and other inaccuravcies in
the statements of the deponents show, to say the least of it, the liglht respect in which they must have held the obligation of an oath.
But MIr. Everett will moreover find, by a careful perusal of the letter
addressed to Mr. Dodd by the collector of customns at Sydney, thiat- the
master of the Argus was not only not N-broughlt forward at all, but that he
distinctly declared more than once to the collector that Mr. Do dd had
treated him like a gentleman.
With regard to the general charge of harsh treatment brought against
the commander of the "SylpI," by the tswo Doughtys, deponents, the
undersigned may fearlessly refer IMr. Everett to Mir. Dodd's owvn declaration, supported as it is by that of Mir. Davenport, the collector of cuastoms,
already alluded to; and the undersigned has little doubt that a perusal of
those papers will convince Mr. Everett th'at not only no harsh treatment
was practised against the master and crew of the "'Argus," but that* theyvwere treated, from  ir-st to last, wvithr the utmost,kinidness and consi(eration.
In fact, from  MIr. Dodd's deciaration, it clearly appears that nea ly the
whole of the a1idavits of the two Dough;tvs, who dep ose a Eainst hirm, f-'ra
a tissue of wilful and shameless misrcprese,z-ons: the more culpaole
because they exhibit the most flagrant ing-si-   towards Mlyr. Dodd, who
not only allowed them every inciulgence, and a so.,ai between them  and the
collector of customs, in order to soften the rigor of the law, which the latter considered it his duty to carry into- fill effect, b ut, after the condemnation of their vessel, actually conveyed the master and two of his men, who




[ 100]                          142
were witnesses for him, to HI-alifax, in the "Sylph," at his (Mr. Dodd's)
own expense, in consequence of having heard that they wete anxious to
proceed thither in the hope of obtaining the release of their vessel.
The undersigned apprehends that after taking cognizance of the papers
to which he has referred, Mr. Everett will allow that there is no occasion
for his adding one word to that evidence, in order to prove to Mr. Everett
that this is a matter in which the whole of the facts have been grossly misrepresented by gratuitous malice, and that the interposition of the authority
of the United States government, for the protection of the complainants,
has been claimed on false pretences.
The undersigned has the honor to renew to Mr. Everett the assurances
of his high consideration.
ABERDEEN.
[Enclosure.]
DOWNING STREET, January 9, 1845.
MY LoaRD: With reference to your lordship's letter of the 16th October,
I am directed by Lord Stanley to transmit to you, for the information of the
Earl of Aberdeen, the enclosed copy of a despatch which has been received
-from the Lieutenant Governor of Nova Scotia, relative to the seizure of
the American fishing vessel Argus, which forms the subject of the note from
the minister of the United States, enclosed in your above mentioned
letter.
I have, &c., &c.,
JAMES STEPHEN.
VISCOUNT CANNING, &c., &C.
[Enclosure.]
GOVERNMENT HOUSE,
Halifax, December 17, 1844.
MY LORD: I have the honor to acknowledge the receipt of your despatch,
No. 191, of the 26th October, enclosing a letter from the minister of the
United States of America at London, complaining of the "seizure of a vessel
named the Argus, which was found fishing off Cape Breton under similar
circumstances to those of the Washington, and stating that the captors had
been harsh in their treatment towards the master of the Argus;" and likewise concerning depositions to that effect signed by Edward and Joshua
Doughty.
After the correspondence I have lately had with your lordship as to the
true construction to be put on the convention of 181S, on the interpretation,:of which the legality or illegality of the capture of the Argus as well as of
the Washington, of course depends, I feel it is unnecessary for me to enter again on that branch of the subject; and from the difficulty of communication by post at this season of the year, I am not at present in a position
to meet the allegations contained in Mr. Everett's representation with.respect to the harsh treatment of the skipper and crew of the Argus by the




143                        [ 100 ]
captain and crew of the provincial schooner. These charges have, however, taken me by surprise, as William Doughty, the commander of the
Argus, (and apparently, from the similarity of name, the brother of the
other two men who feel themselves aggrieved,) was in Halifax some days,
and in communication with the attorney general, to whom he made no complaint of having been ill-treated or harshly dealt with by Mr. Dodd, whose
general character, as well as the kindly feeling he evinced towards William
Doughty, forbids me readily to give credence to any accusation of such a
nature that may be brought against him, until he shall have had an opportunity of offering a counter statement. I have, in consequence, transmitted
to Mr. Dodd a copy of the affidavits of Edward and Joshua Doughty, and
required an explanation from him, which I trust to receive in sufficient time
to allow of my addressing your lordship satisfactorily on this topic by the
next packet.
I have the honor, &c.,
FALKLAND.
Lord STANLEY, &C., &C.
DOWNING STREET, January 29, 1845.
MY Loun,: With reference to my letter of the 9th instant I am directed
by Lord Stanley to transmit to your lordship, for the information of the
Earl of Aberdeen, the enclosed copy of a further despatch from the lieutenant governor of Nova Scotia, transmitting the answer of Mr. Dodd (the
commander of the provincial revenue-schooner Sylph, at the time the
American schooner Argus was captured by the former vessel) to the charge
of harsh treatment towards the master anid crew of the Argus, on the part
of Mr. Dodd.
I have the honor, &c.,
G. W. HOPE.
-Viscount CANNING, &C., &C.
GOVERNMENT HOU.SE,
Halifax, January 2, 1845.
MY LORD: In accordance with the promise contained in my despatch
No. 281, dated 17th December, 1844, I have the honor to enclose copies of
a correspondelnce between the provincial secretary of Nova Scotia and Mr.
Philip Dodd, the officer in command of the provincial revenue-schooner
Sylph, at the time the American schooner Argus was captured by that vessel on the 6th of August last.
Mr. Dodd's letter is accompanied by a statement of Mr. Davenport, the
collector of customs at Sydney, Cape Breton, which, taken with his own
letter, appears to me, as I trust it will to your lordship, completely and
satisfactorily to refute the charge of harsh treatment towards the master
and crew of the Argus, on the part of Mr. Philip Docdl.
I think it right to remark that Edward and Joshua Doughty, who have
preferred these charges, seem to have been simple mariners on board the
Argus, of the same name as the commander, but not the skipper of that




[-100 ]                         144
vessel, who is himself called William Doughty, and therefore, I hope, guilt —
less of the ingratitute which Mr. Dodd has attributed to him from similarity
of name; but whether this be so or not, Mr. Dodd must, I think, be perfectly acquitted of having been harsh in his treatment of the fishermen of
the United States who composed the crew of the Argus.
I have the honor, &c.,
FALKLAND.
Lord STANLEY, &C., &c.
PROVINCIAL SECRETARY'S OFFICE,
Haiz7fax, December 13, 1S44.
SIR: I have it in command from the lieutenant-governor to transmit to
you the enclosed extract of a despatch which his Excellency has received
from her Maiesty's principal Secretary of State for the colonies, by which
you will perceive that the minister of the United States at London has complained of the treatment which the master and crew of the American fishing vessel " Argus," lately seized by you, experienced from the captors,and his Excellency is pleased to call upon you for a full explanation of your
proceedings on the occasion in question, in order that her Majesty's government may be able to answer the complaint of the American minister,
the substance of which is contained in the second accompanying paper.
I have, &c.,
R1JUPERT D. GEORGE.
PHILIP DODD, Esq.
SYDNEY, CAPE BRETON,
December 23, 1844.
SIR: I have the honor to acknowledge the receipt of your letter of' the
13th instant with an extract of a despatch received by his Excellency, the
lieutelnant-governor from her Majesty's principal Secretary of State for the
colonies, having reference to a charge against me as late commander of the
revenue schooner Sylph, for harsh treatment to the master and crew of the
American fishing vessel Argus seized by me, and requesting a full explanation of my proceedings on the occasion in question. In reply I have to
state, for the information of his Excellency the lieutenant-governor, that
when in command of the " Sylph" on the 6th of August last, then cruizing
round the coast of Cape Breton, I discovered the Argus some miles off
Saint Anne's with her crew actually employed fishing; and although more
than three miles from any land, still much within the bay that is formed by
a straight line drawn from Cape North to the northern head of Cow bay,
and consequently I felt it my duty to take her into Sydney, being the nearest port to me at the time, at which an officer of her Majesty's customs.
was stationed.  In corroboration of this part of my statement, I beg respectfully to referto the affidavits made by two disinterested persons on
board the "Sylph" at the time of seizure, at present in the office of the
attorney-general at Halifax, and which I would now have renewed for the
purpose of accompanying this communication, but the persons making them
are out of the island of Cape Breton, and consequently out of my reach.




145                         [ 100 ]
The fact of the owners of the Argus allowing her to be condemned in the
admiralty court of Halifax, without a defence of any kind whatever, must,
to most minds, carry a conviction that the vessel when seized was not within
the limits in which subjects of the United States are permitted to fish on
the coasts of this province.  I-lad it been otherwise, as stated in the afidavit of Doughty, that the vessel was three miles outside the line before referred to,-how is it that a defence was not made to the action, and the
important fact at least attempted to be proved, which if successful, would
have liberated the vessel and cargo, and made me liable to an action for
damages? But all on board the Argus were too well satisfied of their
liability, and of theirhavinog violated the treaty which excludes them from
our shores, to have risked the test of an examination, as witnesses in the
case, and therefore they abandoned a defence as hopeless. The vessel, as
I have already stated, was brought into the harbor of Sydney, which was
on the seventh, in the morning, when I gave her in charge, agreeably to mny
instructions, to the collector of customs at the port, whose letter to me of
this day's date, herewith enclosed, I beg to refer to for a more detailed account and perfect confutation of the charge of harsh treatment by me towards
the mlaster and crew of the "Argus."
The "' Argus," on coming into the harbor of Sydney, was accompanied by
another American fishing vessel, both in the employ of the same owners,
for the purpose of giving assistance to the crew of the " Argus."  They
had also the advice and assistance of the American consul stationed at the
port of Sydney, and yet, with all this assistance at hand, I was most
desirous of doing all in my power to make their situation as comfortable
as the circumstances of their case would permit; and after their remaining
on board the " Argus" full thirty hours from their arrival in Sydney, thus
giving them every opportunity to collect their private property and be prepared to quit the vessel; still, at the expiration of that time, I called with
Doughty, the master, upon the collector of the customs, and requested him
to permit their remaining a further time on board, but which he declined,
for the reasons stated in his letter before referred to.  I have every reason
for believing that no part of their clothing or private property was detained
from  them; for if such had been the case I am convinced Doughty would
have rentioned the subject to me; and as to my being privy to such an
act, I am satisfied never once came across the master's mind until instigated
to make this base charge long after leaving Cape Breton, for up to the
period of his parting with me in Halifax, he repeatedly, in the presence of
others, thanked me for my kind treatment of himself and crew, and the
same sentiments he must have expressed to his consul at Sydney, who also
thanked me for what he was pleased to call my generous conduct towards
them.  Several days after the "Argus" had been in charge of the collector of the customs, and I was preparing to leave with the "S $ylph" fbr
Halifax, I discovered that Doughty, with two of his crew who were witnesses for him, were anxious to proceed there, with the hope of obtaining
a release of the "Argus."  Upon representing this to his Excellency, the
Lieutenant Governor, and there being no other vessel in port at the time
in which they could obtain a passage to Halifax, I, without a request on
their part, offered them a passage in the 1" Sy'ph," and actually took them
there without their being at any expense whctever.  From the affidavit of
Doughty being so completely at variance with truth I cannot help thinking
he never could have supposed I would be called upon to answer it, for he
Ex.-8.




[ 100 ]                         146
knew full well how readily and perfectly his charge could be disproved;
and were the consul of the United States still in Sydney, I would have no
hesitation in being bound by a representation of the case as given to him
by Doughty and his crew, together with what he himself witnessed of my
conduct towards them; but that gentleman is now in Newfoundland, and I
am therefore unable to obtain from him any corroboration of what I have
now stated, but which, on his return to Cape Breton, I am quite satisfied
can, if required, be procured. After the gross misrepresentation of Doughty,
every line of his affidavit being marked with falsehood, it would almost
induce me, should I again be honored with the command of one of the
provincial revenue vessels, not to go out of my way for the mere purpose
of extending to the class of persons to which Mr. Doughty belongs those
acts of kindness and courtesy with which he was favored, but which Lave
been returned by the blackest ingratitude.
I have, &c.,
P. S. DODD.
Sir RupERRT D. &EORG,  3art., &c., &c., &c.
CuSTOM-HOUSE, Sydney, December 23, 1844.
SiR g: beg to state with reference to the complaint of Doughty, late
master of the United States schooner'Argus,' that on the afternoon of the
day on which thlat vessel was placed in custody of the customs, having occasion to go into the town, I met two seamen in conversation with a genfleman, to whom, in very excited language, they were telling the story of
that vessel's capture, and asserLting that you had been guilty of great harshneses to the crew.
I was at once referred to as the proper person to whom any complaint.
should be made, and then asked the man who he was and what lie knew of
the aiff&a-r.  He said he was the master of a fishing schooner belonging to
the same owners as the'Argus;' that he had been fishing in company
with her, concealed by a feg bank at the time of the'Argus's' seizure;
that having learned she had been captured by the Sylph, he thought it right
t:o come to Sydney and render the crew of the Argus any assistance that
they -ubigLt reduire. As you were not then in town, I did not communicate with you on t}he subject, but on the following morning Doughty was
sent or to attend at the custom-house, and I then related to him the rumor
cii culeatet by the master of the other craft, and closely examined as to the
truth of' such and of' all the circumstances connected with the seizure. He
then ex-ressed very strong feelings of' indignation at the baseness of the
authors of any report prejudicial to you. He assured me that no fault
whatever could be found either with you or the Sylph's people, and twice
or thrice repeated to me, "Mr. Dodd has behaved to us like a gentleman."
At this moment, the man's earnestness of manner and these expressions,
are mrost vividly impressed on my recollection.
~To wejgh the degree of accuracy which may be supposed to attach to
the other assertions made by Doughty, I will remind you that it was on
the morning of the 7th August, (not July as stated in the affidavit) that
the Argus was placed in charge, the crew were not interfered with on that
day, lbut were instructed to place themselves in communication with the
United States consul; but on the day following the usual inventory was




147                         [1i0%
taken of the vessel's cargo, stores, sails, rigging, anchors, cables, and general fittings; and having given a receipt to you for these (a copy being
also offered the master) I (not you as stated in the affidavit) desired the
waiter and searcher of the port to request the personal baggage of the
crew should then be removed, as the vessel required to be anchored in the
stream, to prevent her being damaged as she must be where she then lay 
the waiter at the same time offered the Queen's X-varehouse for the temporary reception of the baggage.  After I had given this order, you may
probably recollect bringing the master up to the custom-house and joining
him in an application to allow the crew to remain on board the Argus, and
the reasons I assigned for refusing these were: First, that having given a
receipt to you and also to Doughty I had become personally responsible
for all the goods named in the inventory; that in a former case the I-Jero,
of Eastport, seized in 1838, under similar circumstances the crew had been
thus billeted on the vessel and took away everything movable, foi which
I was of course accountable, antd Doughty himself said he would expect
everything returned to him  in case of release.  Secondly, because there
was no reason why the regular course of procedure in all similar cases
should be deviated from.  The Argus crew had the means of immediate
transport home in the sister craft, whose master had reported to me he came
into port to render any assistance they might r\equire.  Besides, the consul
was on the spot to provide all requisites, and there were ample means of
shipping to the States.  No less than thirteen vessels, British and United
States, were loading for ports in the Union at that very time, and also as
the Sylph must immediately resume her cruize, I did not think it prudent
to allow a foreign prize to continue in charge of' her own hostile crew,
with a sister ship lying alongside ready to render any assistance required
in a recapture, very easily effected, the Sylph once again at sea.
The crew of the Argus remained on board that vessel from the tihie she
was brought into port, the night of the 7th August to about mid-day of
the 8th, and therefore the story about their removal in fifteen minutes is
not correct, and not la&ss inaccurate is Doughty's assertion that the crew
were denied any of their personal effects, because, later on the 9th than
the events I have narrated, Doughty again applied at the custom-house for
a hat said to have been left behind, the Argus being then removed to her
final anchorage.  I gave him  an order to the ship keeper to give up the
hat, and everything belonging to the master and crew, some of whom subsequently brought the hat on shore, together with some articles of cabhit
use, omitted in taking the inventory.  This is a simple narrative of the
facts.                     I am, &c.,
HENRY DAYVENPORT,
P. S. DoDn, Esq., &c., &c., &c.                         Collector-.
MJr. Everett to Lord./berdeen.
GROSVENOR PLACE,.april 2, 1845.
The undersigned, envoy extraordinary and minister plenipotentiary of the
United States of America, has ha'd the honor to receive a note of the 10th
instant, from the Earl of Aberdeen, her Majesty's principal Secretary of
State for foreign affairs, in reply to the note of the undersigned of the 9th




[100]                          148
of October last, relative to the case of the United States fishing vessel, the
"Argus," seized on the 6th of July last, off the north-eastern coast of Cape
iBreton by the provincial armed vessel the "Sylph."
In the above mentioned note of the 9th of October, after alluding very
briefly to the alleged harsh treatment of the master and crew of the "'Argus" by the captors, and adverting to the general subject of the contested
right of the fishermen of the United States, in the waters of the AngloAmerican provinces, the undersigned dwelt with all the earnestness in his
power on the extremely objectionable character of the course pursued by
the provincial authorities in presuming to decide for themselves a question
under discussion between the two governments.
Of the often repeated complaints of the government of the United States
on this point, a subject distinct from the general question as to the limits of
the fishing privilege secured by the convention of 1818, to the people of the
United States, no notice has been taken in any communication of Lord
Aberdeen to the undersigned.
In reference to the complaint of "harsh treatment" in the case of the
"Argus," the undersigned hastens to do an act of justice to the master of
that vessel, by observing that it was through the inadvertence of the undersigned, that this complaint was said to be made in the deposition of "lthe
late commander of the vessel."  The letter of the American consul at
Halifax, a copy of which accompanied the note of the undersigned of the
9th of October, mentions a deposition of the master; and this circumstance
with the similarity of the name, led the undersigned to the too hasty
conclusion, that one of the affidavits forwarded to him from Washington,
and by him transmitted to Lold Aberdeen, was the deposition in question.
Such, however, is not the case. The depositions accompanying the note of
the undersigned, are those of two of the crew, sons of the master, one of
them a boy of fourteen. The Earl of Aberdeen will perceive from Lord.
Folkland's letter of the 2d of January, that his lordship had conjectured
that such was the fact, and was consequently disposed to exonerate William.
Doughty, the master of the vessel, fiom the charge of ingratitude, and of
having made a deposition at home at variance with his professions of thankfulness both at Sydney and Halifax.
It does not appear that Captain Doughty had returned home at the time
that Messrs. J. and J. Starling, of Portland, in Maine, the owners of the
"Argus," represented the case to the Department of State at Washington.
With respect to the depositions of Edward and Joshua Doughty, the undersigned agrees with Lord Aberdeen that they are "confused and obscure,'
and that they are in some important particulars inaccurate, and he has much
pleasure in adding that Mr. Dodd, the commander of the "Sylph," so far
from treating the crew of the "Argus" with harshness, seems to have manifested td them every possible kindness consistent with the performance of
his duty, as an officer charged with the execution of the provincial law.
But although the depositions of the Doughtys are materially incorrect,
the undersigned is inclined to think them not open to the charge of intentional falsehood, wilful and shameless misrepresentation, -and gratuitous
malice ascribed to them by Mr. Dodd with the sanction of Loi d Aberdeen.
The statements for instance of Edward.Doughty that the capture of the
"Argus" took place on the 6th of July, and of Joshua Doughty that it
took place on the 9th of July, to which Lord Aberdeen alludes as a contradiction showing a light respect to the obligation of an oath, are, the un



149                        [.100 
dersigned thinks, hardly sufficient ground for so heavy an imputation. The
capture having taking place on the 6th of August, (not the 7th as stated
by Lord Aberdeen,) both the depositions are in that respect of course inaccurate; but it is in a point of no prejudice to the captors, nor benefit to the
deponents or their cause. Had they combined to swear to a false account,
they would not have differed in details of this kind, nor would they have
assigned a wrong day to the capture. The deposition was sent to the undersigned not in the original, but in a copy apparently written in haste and
containing, either for that reason or the rapidity with which it was taken
down before the magistrate, several clerical errors. The undersigned is
disposed to think that the words "on the ninth" in the deposition of Joshua
Doughty should read "in the month."  This would remove the only point
of contradiction between the brothers, and leave no error in reference to
the date, but that of "July" for "August," an error for which the undersigned is unable to account, but which from its nature cannot well be other
than inadvertent.
The report of Mr. Davenport, the collector, is itself not wholly flee from
contradiction in some important points. He observes in the earlier portion
of it that the Argus was brought into Sydney in the morning of the seventh
of August as was the fact, but in the last paragraph he says that this took
place on the night of the seventh; and after having detailed at length in
the body of his statement the transactions of the 8th instant, he adverts in
its conclusion to an incicdint which, as he says, took place " later on the
9th than the events I have narrated."  The undersigned by no means points
out these errors for the sake of impeaching the general character of Mr.
Davenport's statement, but to show that similar errors on the part of the
Doughtys are not conclusive proof of wilful misrepresentation and falsehood.
As far as Mr. Dodd's conduct is concerned, the greatest inaccuracy of
the deposition of the Doughtys consists in ascribing to him what was done
by order of Mr. Davenport, the collector of Sydney. It appears by Mr.
Davenport's statement that these orders were not given by him in person,
but by a "waiter or searcher."  The undersigned thinks that it is very
much the custom of officers of this class in delivering orders not to describe
very particularly irom what superior functionary the orders emanate; and it
seems natural that these uninformed fishermen, the Doughtys, might have
supposed that the orders brought them to quit their vessel and the prohibition to remove any of her stores with them, proceeded from the officer by
whom the capture was made. The undersigned sees no bad motive which
they could have had in ascribing to Mr. Dodd what was done by Mlr.
Davenport. Their doing so may argue ignorance and carelessness, but not
necessary malice.
It is worthy of remark that Mr. Dodd does not, with one exception,
seem to discredit the statement of the Doughtys as to what took place before there was any opportunity to fall into this confusion, that is, after the
capture and before the bringing into port, although that portion of their
statement contains a report of Mlr. Dodd's observations about what is called
the "annexation document," and his having seized the vessel in order to
settle a question under a treaty, which if incorrectly alleged, it may be
thought he could hardly have failed to contradict. Mr. Dodd states, indeed, that it was impossible that the master of the Argus as asserted by
the deponents, could have thought himself outside the line drawn from Cape
North to the head of Cow bay, because if he had so thought he would have




f 100 ]                          150
gone to trial against the captors at Halifax.  But Lord Aberdeen is aware
that it is one of the grievances which the government of the United States
has had repeatedly to complain of, and which was prominently brought
forward in connection with this very capture by the undersigned in his letter of the 9th of October, that no defence can be made in such a suit without giving security in $300, besides encountering the delay and the heavy
expenses of court. After adverting to this fact, the consul at Halifax in
his letter of 19th August, which was sent by the undersigned to Lord Aberdeen with his note of 9th October, adds, " so that, generally speaking, it is
better to let the suit go by default and purchase the vessel after condemnation."
Mr. Dodd on this subject proceeds to say, that " all on board the Argus
were too wvell satisfied of their liability and of their having violated the
treaty which excludes them from our shores, to have asked the test of an
examination as witnesses in the case, and therefore they abandoned the
attempt as useless."  But not to dwell on the circumstance that Mr. Dodd
himself opposes no specific contradiction to the assertion of the Doughtys
that he stated that he made the capture "to settle the question" as to the
construction of the treaty, it is not to be conceived that he should be so
uninformed on this subject as not to know that not merely on the part of
the fishermen as a body, but on that of their government, the validity of the
British construction of the treaty has always been contested, and that if the
fisherinen of the United States forbear to act on the construction which
their own government has ever maintained, it is simply to avoid capture by
the provincial armed vessels.
Admitting that the Doughtys may innocently have thought that the orders which were brought by "the searcher " proceeded not from the collector but from the officer who captured the vessel, the undersigned does not
find in this statement itself much further discrepancy from the admissions of
Mr. Davenport, than may always be expected between the representations
of an oicer of intelligence justifying his conduct to his superiors, and those
of ignorant men telling their story to their employers under a strong sense
of recent loss and oppression.
Mr. Davenport in one point makes a charge against the Doughtys for
which there is no foundation in their narrative.  He says, " the crew of the
Argus remained on board that vessel from the time she was brought into
port, the night of the 7th of August to about mid-day of the 8th, and therefore the story about their removal in fifteen minutes is not correct."  But
the Doughtys expressly mention that the crew of the Argus remained on
board from the time The vessel was brought in on the morning of the 7th
till ten o'clock of the 8th.  The "fifteen minutes" ran from the time the
order was given to leave the vessel, not from their arrival in port, and
without any reference to the deposition of the Doughtys, the undersigned
would infer firom the statement of the collector himself, that after the inventory was taken on the morning of the 8th, the crew were peremptorily required to quit the vessel; and as her "stores" were included in the inventory, it is equally plain that they were not permitted to carry the means of
subsistence away with them. It appears from his own report that Mr.
Davenport, even when urged to do so by Mr. Dodd, refused to relax in any
degree the rigor of the law towards those whom he thinks proper to designate as the hostile crew of the Argus.
The conduct of Mr. Dodd, in endeavoring to procure from the collector




151                        [ 100 ]
permission for these poor fishermen to stay on board their own vessel another day, (for it must be remembered she was not yet judicially proceeded
against, and that therefore in the humane intendment of the law her master
was as yet innocent of its violation,) was certainly kind, and his furnishing,
unsolicited, a gratuitous passage to Halifax for the captain of the Argus
and two of his crew, still more so; although this was not done, as Lord
Aberdeen appears to be under the impression, "6 after the condemnation of
the vessel," but before the commencement of any judicial proceeding against
her. It was, however, not the less meritorious, and the undersigned sincerely regrets the injustice done him in the deposition of the Doughtys.
Could he now deem that injustice wilful, or should it on further inquiry so
appear, the undersigned would not fall behind Lord Aberdeen in his emphatic reprobation of it.
The undersigned hopes, however, that the foregoing suggestions will lead
Lord Aberdeen to a judgment somewhat more favorable on that point.
That the depositions of the Doughtys were given under feelings of great
irritation is quite evident. This furnishes no excuse for exaggeration and
mis-statement; still less does it palliate falsehood and perjury. Of these
crimes the undersigned is inclined to think them innocent; and Lord Aberdeen will agree with him in regarding some coloring in statements made
under imaginary wrong, as almost inseparable from human frailty.
In this case the undersigned is constrained to add that in the judgment of
the government of the United States the wrong was real and extreme, not
in the harsh treatment on the part of the capturing officer, (a charge against
Mr. Dodd to which no prominence was originally given by the undersigned,
which he has much pleasure in abandoning, and should have had none in
being able to substantiate,) but in the essential injustice of the colonial law,
which that gentleman and the collector were employed in enforcing. It
cannot need an argument to show that while a question is in discussion between her Majesty's government and that of the United States, and is even,
as appears by Lord Aberdeen's note to the undersigned, under reference to
legal authorities, an enactment of the provincial legislature purporting to
decide said question to themselves, and enforcing that desision by capture
and condemnation, possesses none of the qualities of the law of civilized
States but its forms.
The undersigned sincerely hopes that he has not erred in believing that
the recent determination of her Majesty's government, communicated by a
separate note of Lord Aberdeen of the 10th instant, may be intended to
receive such a construction as will furnish a final and effectual remedy of
this grievance.
The undersigned requests the Earl of Aberdeen to accept the assurance
of his high consideration.
EDWAlRD EVERETT.




[100                            152
Mr. _Everett to Mf r. Buchanan.
[No. 305.]                                 LONDON, April 23, 1845.
Sin: With my despatch, No. 278, of 25th March, I transmitted the note
of Lord Aberdeen, of the 10th of March, communicating the important
information that this government had come to the determination to concede
to American fishlermen the right of pursuing their occupation -Within the
Bay of Fundy.  it was left somewhat uncertain by Lord Aberdeen's note
whether this concession was intended to be confined to the Bay of Fundy,
or to extend to other portions of the coast of the Anglo-American possessions, to which the principles contended for by the government of the
United States, equally apply, and particularly to the waters on the northeastern shores of Cape Breton, where the "Argus" was captured.  In my
notes of the 25th ultimo and 2d instant, on the subject of the "Washington" and the ":Argus," I was careful to point out -to Lord Aberdeen that
all the reasons for admitting the right of Americans to fish in the Bay of
Fundy) apply to those waters, and with superior force, inasmuch as they
are less landlocked than the Bay of Fundy, and to express the hope that
the concession was meant to extend to them, which there was some reason
to think, fromr  the mode in which Lord Aberdeen expressed himself, was
the case.
I received last evening, the answer of his lordship, informing me that
my two notes had been referred to the colonial office, and that a final reply
could not be returned till he should be made acquainted with the result of
that refer-ence, and that, in the mean time, the concession smuIst be understood to be limited to the Bay of Fundy.
The mes of the question are so clear that I cannot but anticipate that
the decision of the colonial office will be in favor of the liberal construction
of the convention.  In the mean time I beg leave to suggest, that in any
public notice which may be given that the Bay of Fundy is henceforth
open to American fishermen, it should be carefully stated that the extension
of the saime privilege to the other great bays on the coasts of the AngloAmerican dependencies, is a matter of negotiation between the two governments.
I am, sir, wvith1 great respect, your obedient servant,
EDWARD EVERETT.
JAMES  ULTCHANAN, Esq.
Secretary of State.
The Earl of Aberdeen to  srt%..Everett.
FozREIuN OFFICE, April 21, 1845.
The undersigned, lher Miajesty's principal Secretary of State for Foreign
Affairs, has the honor to acknowtledge the receipt of the two notes which
Mr. Everett, envoy extraordinary and minister plenipotentiary of the
United States of America, addressed to him on the 25th ultimo and on the
2d instant, relative to the case of the Argus, and that of the Washington,
United States' fishing vessels.
Those notes have been brought under,the consideration of her Maje-sty's




15a3 -                      [100
Secretary of State for the colonies, and the undersigned postpones, therefore, replying to their contents, until he shall have become acquainted with
the results of that reference.
In the meantime, however, the undersigned thinks it expedient to guard
himself against the assumption of Mr. Everett, that it may have been his
intention by his note of the 10th ultimo, to include other bays on the coasts
of the British North American provinces, in the relaxation which he therein
notified to Mr. Everett, Is to be applied hence-forward to the Bay of FundyT
That note was intended to refer to the Bay of Fundy alone.
The undersigned avails himself of this opportunity to renew to Mr.
Everett the assurances of his high consideration.
ABERDEEN.
Air. Buchanan to Mr. Bancroft.
[No. 5.]                                DEPARTMENT OF STATE,
Washington, -December 10, 1846.
SIR: I have the honor to transmit to you herewith, at the instance of
the lion. D. P. King, of the House of Representatives of the United
States, certain orignal and other documents from the files of this office, relating to the cases of the American fishing schooners "Director," E. Haskell, master, and "'Pallas," Job Ienner, master, both of Rockport, Massachusetts.
These vessels were seized in the Gulf of St. Lawrence, in the autumn
of 1840, by the British revenue cutter "' John and Louisa Wallace," Stephens, master, for an alleged trespass upon British fishing grounds, carried
into Nova Scotian ports, and ultimately, under circumstances set forth in
the accompanying papers, wholly lost to their owners.
An examination of the records of the United States legation in London
for some years past, will show yourthat cases of a similar character have
not unfrequently occurred heretofore, and have fernecd the subject of complaints to the British government.  It will also show you the result of
these applications in behalf of the owners and others interested in American vessels engaged in the fisheries thus vexatiously seized by the British
provincial authorities.
If, after a careful perusal and consideration of the correspondence referred to, and of the documents now sent, you shall be of opinion that the
cases of the "Director" and "Pallas," or either of them, might now, under
all the circumstances, be presented to the British government with a reasonable hope of a satisfactory decision on its part, you are authorized to
invite Lord Palmerston's attention to them in such terms as you may judge
best calculated to secure the ends of justice.
I am, sir, very respectfully, your obedient servant,
JAMES BUCHANAN.
GEORGE BANCROFT, Esq., &c., &c.
Ex. —9,




100]  154
[Enclosurt.l
HOUSE OF REPRESENTrATIVES
Washington, December 10, 1846.
SIfR: Enclosed is a letter addressed to our minister at the court of St,
James, and I avail myself of the permission given by you to ask that it.may be forwarded with the instructions given to him in relation to the fishing vessels belonging to our citizens, which have been captured by British
I have the honor to be, with great respect, your obedient servant,
DANIEL P. KING.
To the Hon. JAMEilS Buc HANAN,
Secretary of'tate.
[Extract.]
Mi'. Bancroft to Mr. Buclhanan..LEC ATION ()OF TIHE UNITED STATES,
London, January 4, 1847.
SI' R: Your despatches Nos. 5 and 6 hae come to hand.  The last shall
receive instant attention ilnmediately on Lord Palnmerston's return from
the coun-try.  As it regards the claim for the fishing vessels taken in 1840,
I allm -ot so clear, and will write again on the subject after mature examination.  Till then I shall exercise the discretion which you direct me to use.
I amn, sir, very respectfully, your obedient servant,
GEORGE B3ANCROIFT.
JMr. iramntton to Mr. FWebster.
WASIHINGTON, July 5, 1852.
Slt: I have been directed by her Majesty's government to bring to the
knowledge of the' government of the United States a measure which has
been adopted by her Majesty's government to prevent a repetition of the
complaints which have so frequently been made of the encroachments of
vessels belonging to citizens of the United States and of France upon the
fishing grounds reserved to Great Britain by the convention of 1818.
Urgent representations having been addressed to her Majesty's government by the governors of the British North Amrnerican provinces in regard
to these encroachments, whereby the colonial fisheries are most seriously
prijud;icecl, directions have been given by the lords of her Majesty's admiralty for stationing off New Brunswick, Nova Scotia, Prince Edward's
Island, and in the Gulf of St. Lawrence, such a force of small sailing
vessels and steamers as shall be deemed sufficient to prevent the infraction
of the treaty.  It is the command of the Queen that the officers employed
upon this service should be especially enjoined to avoid all interference
with the vessels of friendly powers, except where they a-re in the act of




155                       [ 10o  ]
violating the treaty, and on all occasions to avoid giving ground of complaint by the adoption of harsh or unnecessary proceedings when circumstances compel their arrest or seizure.
I avail myself of this opportunity to renew to you, sir, the assurance of
my high consideration.
JOHN F. CRAMPTON.
Honorable DANIEL4 WEBSTER, &c., &C., &C.
fiM. HBunter to 2/%. Crampton.
DEPARTMIENT OF STATE,
Washington, July 14, 1852.
SIR: I have the honor to acknowledge the receipt of your note of the
5th instant, in which, by direction of your government, you bring to the
knowledge of that of the United States, a measure which has been adopted
by her Britannic Majesty's government to prevent a repetition of the conplaints which have so frequently been made, of the encroachments of vessels belonging to the citizens of the United States and of France upon the
fishing grounds reserved to Great Britain by the convention of 1818; and
to be, with high, consideration, sir, your obedient servant,
W. HUNTER,
Acting Secretary.
JoaN F. CRAMPTO', Esq., &C.