1839.]

province for the protection of the British fisheries. The schooner was brought into this port, stripped of her sails, and part of her rigging, and the master and crew obliged to leave her. Depositions of the master, William Burgess, and of the crew, Benjamin Sylvester, Samuel C. Mills, Ezekiel Burgess, and Samuel Burgess, all of Vinalhaven, in the state of Maine, were taken to the above facts, and also to those which follow. They deposed that the schooner Inde pendence, of the burthen of 31 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 15 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 twentyfour 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 Tusket 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 caught 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 North America, than 15 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 i usket 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 the 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 deny most positively having fished or attempted to take or catch fish within 15 miles of the coast of this province during the present season. The Magnolia is of the burthen of 37 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. Combs, David Lane and Samuel Clarke, 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. He therefore declined to make any effort for relief. The "Java" was fitted for a fishing voyage into the Bay of Fundy, and belonged to Vinalhaven, and she was seized at the same time and place as were the other two vessels before mentioned. Isaac Burgess was master; the crew were George McFarlane, Charles J. Perkins, and Thomas McFarlane, all residing at or near Vinalhaven.

A few days subsequent, 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 this 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, haivng come hither for the purpose of hiring an additional VOL. I.-7

57.

hand-they continued to fish until the 36th 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 15 miles of the coast of Nova Scotia, or of any of the British coasts, nor did they at any one time remain in and among the said islands for a longer space of time than 24 hours: They state, however, that the master and Hiram Rich, one of the crew did receive from Benjamin Brown, the master of a British fishing vessel at anchor in the said islands, about two barrels of herrings given to them by Brown to recompense them for their services in assisting him for one night at his request in clearing his nets of herrings, and in 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 erew of this boat, and by Power, a resident of this place, the additional hand above mentioned, who deposed to the truth of the statement of the master and crew subsequent to the time of his engagement with them, before which time they had not procceded 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, the boat frequently came into the islands at times when the state of the weather was 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 these 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 24 hours. He usually witnessed the boat to get under weigh, and she always stood directly out to sea. He had frequent opportunities of observing the con duct of the master and crew of this boat, and he verily believes that no fish of any kind were taken by them, in or near to the said islands, subsequent to the 1st of May, the date of his arrival there, nor does he believe that he came there for the purpose of fishing or of setting nets, and that had they done so, he must have been 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 on 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 endeavours to effect the release of the Magnolia, Java, and Hart, under 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 shall at once be released, or whether they will be obliged to contest the legality of the seizures 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, first, 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 succeed with the culture of a tree of which we know lit tle, and in a high branch of mechanic art, where we have little skill and still less experience. It costs more to feed, clothe, and educate one American citizen, than it does four of these foreign operatives; and therefore it is impossible for them to labour as cheap; and hence the difficulty of competing successfully in the manufacture of these things, the chief value of which consists in the labour bestowed upon them; and hence the necessity of a protective tariff; hence the continued strife, the never tiring ingenuity of the inventors of labour saving machinery.

The growing of cotton could hardly have become profitable, except for the invention of our countryman, Whitney. With the aid of the cotton gin, the cotton is cleaned of its seeds ten times easier than by the Hindo hand. A protective tariff and improved machinery, has enabled the American manufacturer of coarse cottons to successfully compete with the looms of England.

Our success in the growth and manufacture of cotton, encourages the belief that similar success will attend the growth and manufacture of silk; and a late invention of one of the members of this committee (Mr. Bergen) in the weaving of silk, it is thought, will effect more for the manufacture of silk, than the power loom has for cotton, and the committee hail this invention as a harbinger of success in the culture and manufacture of silk

The history of the introduction of new plants, new animals, new sources of profitable industry, is nothing less than the history of the progress of civilization and refinement. The introduction of a single vegetable (the potato) from America into Europe, increased the capacity of the old world to sustain a population more dense by one-third, and banished forever the fear of famine. The introduction of the culture of cotton into the United States formed a new era in our history. The culture of this plant has saved the cotton growing states from poverty, and perhaps from ruin. This valuable plant was first used by the way of experiment, and a sample sent by the grower, Richard Leach, Esq. to Thomas Proctor, of Philadelphia, in the year 1788.

Previous to 1790, the United States had never exported a pound of cotton. In the celebrated report of Gen. Ha milton, then Secretary of the Treasury, in 1790, on the productions and resources of the United States, no mention is made of cotton.

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every pound of cocoons, and 50 cents for every pound of reeled silk.-En.

It appears that the bounty paid by Massachusetts, on the culture of silk, has had the desired effect of increasing the product to a great extent. In 1836, a law was passed, authorizing a bounty to be paid, under the provisions of which, $85 20 only were expended. On the first of March, 1839, $397 99 had been paid for the year immediately preceding, thus showing an increase of more than four fold. There were paid to a single individual, $159 35, and the whole amount of cocoons raised, was 760 pounds. The quantity reeled and thrown during the same time, was 822 pounds.

MAMMOTH MOUND AT GRAVE CREEK, VA.

This ancient mound, the largest ever discovered in America, has been tunnelled out for exhibition! From the advertisement of the proprietors, the Messrs. Tomlinson's, we copy an account of this mighty monument of an extinct race. It appears to gratify curiosity and "turn a penny," the Tomlinson's determined, as far as possible, to dissolve the mystery touching the contents and objects of the pile.

Accordingly, on the 19th March, 1838, they commenced excavating on the north wing, cutting an arched tunnel or entrance 10 feet high, 7 feet wide, and 111 in length, before they struck the mouth of the lower vault. This vault was found to be 7 feet high, and in length 8 by 12 feet, north and south. After commencing the tunnel, the first thing of any note that was discovered, was the appearance of charcoal, with fragments of burnt bones, continuing to the entrance of the vault. Within 14 feet of the mouth of the vault they struck the original entrance or passage, descending like the entrance of a cellar, supported, apparently, by timbers. Within this vault were found two skeletons-the first nearly perfect, not one tooth missing, supposed to have been placed erect, but had fallen near the wall, with the head south, and thereby preserved by the crumbling of sand over it. With this skeleton there were no beads or trinkets. On the opposite side lay the other skeleton, bones mueh broken to pieces. With this skeleton, many trinkets were found, to wit: 650 ivory beads, an ivory ornament of pecu liar construction, found near the breast, about six inches in length, &c.

Such is the effect, such the vast result of the introduction of a single new plant; such the effect of well directed and properly protected domestic industry.

While admiring this most flattering result, we are encouraged in our hopes and confirmed in our opinion that the introduction and culture and manufacture of silk, will form an epoch as important as the introduction of cotton; and verily believe that forty years hence the benefits of its culture will be as sensibly felt, and perhaps of as great pecuniary moment, as the culture of cotton.

Ten of our sister states have thought it advisable to encourage the culture and manufacture of silk by legislative bounty, for a limited period; and the committee are of opinion, that if we hearken to the admonitions of experience, or are influenced by example, the Legislature will do the like,"

The committee introduced a bill, (we have not learned whether it became a law,) offering a bounty of 20 cents for

isinglass, and 5 copper bands, worn round the wrist, weighing seventeen ounces; also, a small stone, about 2 inches in length and 14 in width, with marks, resembling letters and figures, supposed to be the name, &c., with several other small trinkets.

The proprietors have been at great pains and expense in fitting up this mound. They have walled and arched with brick the avenue or tunnel, leaving 46 feet of the arch in its natural state, which is handsomely clouded, as if the origi nal builders took great pains in arranging the soil, &c.

They have enlarged the lower vaults to 28 feet in diamer ter, 9 feet high, and running through the centre a circular wall, leaving 9 different departments for trinkets, &c. In one of these departments, the full skeleton is now fitted up erect, with not a tooth missing, near the spot in which it was found. The other two are placed in departments, each, with their trinkets, and the proprietors are determined to let no expense prevent them from adding to these as many natural, as well as artificial curiosities, as can be procured, so as to please the taste and fancy of the visiters.

The upper vault is now in its original build, and will remain so for inspection. The rotunda has been well walled with brick, and they contemplate, as soon as possible, run. ning a flight of steps through it, as well as erecting on the top, a three story building, 40 feet in diameter, varying 8 feet each story, so as to leave a walk round the two first sto

ries, and the steps leading from the lower vault to end on the floor of the third story. The mound to be paled in and handsomely ornamented with shrubs, flowers, &c.

The mound is situated about one-fourth of a mile from the Ohio river, 12 miles below Wheeling, and is surrounded by numerous entrenchments, with various other mounds of smaller dimensions.

The late Patroon, Stephen Van Rensselaer. The following history of the family of the late Patroon from their first settlement in this country, with a description of the tenure of their estate, and the title attached thereto, is from a Discourse on the Life, Services, and Character of Stephen Van Rensselaer, delivered before the Albany Institute, April 15, 1839, by Daniel D. Barnard :

"The title, as is well known to you, by which he was usually addressed and spoken of amongst us, was that of Patroon. This title was derived, evidently, from the Civil Law, and the institutions of Rome. In the time of the Roman Republic, the Latin Patroons was used to denote a Patrician, who had certain of the people under his immediate protection, and for whose interests he provided by his authority and influence. At a later period, and after the power of Rome had been greatly extended by her conquests, individuals and families of the noble order, became Patroons of whole cities and provinces, and this protective authority, with large and extensive legal and political rights and powers, in some instances descended by inheritance. The family of the Claudii was vested with this patronage over the Lacedemonians; and that of the Marcellii over the Syracusans. It was partly from this source, it may well be supposed, that the Dutch, who had adopted the Civil Law, derived the idea of governing a remote territory, not easily to be reached by the Central Authorities, by committing it to the ample jurisdiction of a Patroon.* This title was not applied in Holland, so far as I know, to any order in the state there, nor was it employed in, or by, any other of the countries of Europe. It was not a title of personal nobility, as that term is understood in Europe since the time when monarchs assumed the right of conferring these distinctions by creation or patent. It belonged exclusively to the proprietors of large estates in lands, occupied by a tenantry, and like the title of Seignor, which the French bestowed with the Seignories, or large territorial estates and jurisdictions in Lower Canada, on the first colonization of that country, it was deemed especially proper for transatlantic use. Yet it had attached to it, in connexion with proprietorship, the usual incidents and privileges of the old feudal Lordship, in direct imitation of which, both title and estate, with their jurisdictions, were instituted. It may be added as worth remarking, that, in the case before us, this title has run on, and been regularly transmitted, with the blood of the first Patroon, down to our day, though it is now a century and three quarters since the inheritance ceased to be a Dutch Colony, to which alone the title properly attached, and became, by Royal authority, after a foreign conquest, an English Manorial possession; and though, in later time, a revolution has intervened by which the estate was fully shorn of its Manorial character and attributes, leaving to the proprietor, now for the last fifty years, to hold his property merely by the same simple tenure and ownership with which every freeholder in the country is invested.

Mr. Van Rensselaer was the fifth only in the direct line of descent from the original proprietor and Patroon of the Colony of Rensselaerwyck. This person, the founder of the Colony, was a man of substance and character. He was a merchant of Amsterdam, in Holland, wealthy, and of high consideration in his class, at a time when the merchants of Holland had become, in effect, like those of Italy, the princes of the land. He was that Killian Van Rensselaer referred to in our recent histories as having had a principal

share in the first attempts made by the Dutch towards colonization in America.

I think this occasion would have been held to justify a more particular reference to the part which this ancestor of the late Mr. Van Rensselaer had in the American colonization, and especially at the important point where we are now assembled; and that it would not have been out of place to have introduced the personal memoirs of the latter, by a portion at least of that curious and neglected history which attaches to the colony and manor of Rensselaerwyck-that identical landed estate and inheritance, which, nearly in its original integrity, though stript of its accessories, we have seen held and enjoyed in our time by a lineal descendant of the first proprietor. But the unavoidable length to which the brief outlines of that history runs-though fully prepared after the labour of considerable research--has compelled me, reluctantly I confess, to lay it entirely aside. I must needs content myself now with some very general facts and observations in this connexion.

Killian Van Rensselaer--to whom I just now referredwas a large proprietor, and a Director in the Amsterdam branch of the Dutch West India Company. This company was incorporated in 1621, and was composed of an associate band of merchant warriors and chiefs, with a chartered domain, and jurisdiction as well for conquests as for trade and colonization, extending in Africa from Cancer to the Cape, and in America, from the extreme south to the frozen regions of the north, and with the right to visit and fight in every sea where their own or a national enemy could be found. Ample powers of government also attended them everywhere. After they had obtained a footing in this country, a College of nine Commissioners was instituted to take the superior direction and charge of the affairs of New Netherland. Killian Van Rensselaer was a member of this College. This was in 1629. The same year, a liberal charter of privileges to Patroons and others was obtained from the Company. Colonization by the Dutch had its origin and foundation in this extraordinary instrument. The same instrument provided also for founding a landed and baronial aristocracy for the Provinces of the Dutch in the new world. Early in the next year, with the design of establishing his colony under the charter, Van Rensselaer sent out an agency, when his first purchase of land was made of the Indian owners, and sanctioned by the authorities of the company at New Amsterdam. Other purchases were made for him in subsequent years until 1637, when his full complement of territory having been made up-nearly identical with the manor of our day, and forming, as subsequently defined, a tract of about twenty-four miles in breadth by forty-eight in length-Killian Van Rensselaer himself came to take charge of his colony. Many of his colonists were already here, and others were sent out to him, all at his own

cost.

The full complement for his colony required by the charter, was one hundred and fifty adult souls, to be planted within four years from the completion of his purchases.

The power of the Patroon of that day was analagous to that of the old feudal Barons; acknowledging the govern ment at New Amsterdam, and the States General, as his su periors. He maintained a high military and judicial authority within his territorial limits. He had his own fortresses, planted with his own cannon, manned with his own soldiers, with his own flag waving over them. The courts of the Colony were his own courts, where the gravest questions and the highest crimes were cognizable; but with appeals in the more important cases. Justice was administered in his own name. The colonists were his immediate subjects, and took the oath of fealty and allegiance to him.

The position of the Colony was one of extreme delicacy and danger. It was situated in the midst of warlike and conquering tribes of savages, which, once angered and aroused, were likely to give the proprietors as much to do in the way of defence, and in the conduct of hostile forays, as were used to fall to the lot of those bold Barons of the Middle Ages, whose castles and domains were perpetually surrounded and besieged by their hereditary and plundering enemies. Happily, however, the Patroons of the period, and their direc tors or governors of the Colony, by a strict observance of the