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, sir, your most obedient servants,

To the Hon. J. C. CALHOUN,

Secretary of State, Washington City.

J. & J. STARLING.

[Enclosure.]

I, Edwin Doughty, of Portland, State of Maine, aged twenty-three years, on oath testify and say, that I was slipped in April last as salter on board the fishing schooner Argus, of Portland, 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; we sailed again about the 18th 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 Halifax, 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 when Dodge ordered us all to leave the Argus, in fifteen minutes, 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 for 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 single biscuit; we urged our destitute situation, but all the reply we got was that our situation was nothing to him. When Dodge took us our skipper told him we were more than fifteen miles from land; this Dodge admitted, for from where we lay Cape North bore north by compass, and Cow-head bore SSW. by compass, and on inspection the chart will show we were more than sixteen miles from any shore, and in fact we were all of three miles outside of a line drawn from Cow-bay head to Cape North; but Dodge said we were within three miles of such a line, and on 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 his authority and gave it to my father, the skipper, who gave it to me to bring home to the owners.

I got on board the fishing schooner Emma, of Portland, and came home with two of my brothers, and left my father and two of the crew at Sidney who were to go to Halifax.

Ex.-7

EDWARD DOUGHTY.

CUMBERLAND, MAINE, August 26, 1844.

Then the above mentioned Edward Doughty personally appeared and made solemn oath to the foregoing deposition by him subscribed before me. JOHN ANDERSON,

Justice of the Peace.

I, Joshua Doughty, of Portland, in the county of Cumberland and State of Maine, aged fourteen years, on oath declare that I was a boy on board the fishing 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 he has related of our capture and treatment is true.

his

JOSHUA × DOUGHTY. mark.

Witness: JOHN ANDERSON.

Cumberland, ss:

August 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 THE UNITED STATES,

Halifax, Nova Scotia, August 19, 1844. GENTLEMEN 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 "three marine miles" shall be from headlands. The seizing officer has determined to prosecute the suit, as the attorney general this day informed me; it will 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

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 his

SIR: Your instructions No. 105, dated September 6, and enclosing 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.

**

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.

JOHN 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 "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 undersigned deems it unnecessary, on this occasion, to add anything to the observations contained in his note

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 1818, 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 would 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. Stephenson to Viscount Palmerston of the 27th of March, 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 furnish 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 suit go by default," must 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 obliged to repeat the remark made in his note to Lord Aberdeen of the 10th of August, 1843, that he believes it still remains unanswered.

It is stated 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, and that he seized us to settle the question."

The undersigned again feels it his duty, on behalf of his government, formally to protest against an act of this description. American vessels of trifling size, and pursuing a branch of industry of the most harmless description which, however beneficial to themselves, occasions no detri ment to others, instead of being turned off the debatable fishing ground— a 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 effects, and the vessels subjected to a mode of procedure in the courts which amounts in many cases to confiscation; and this is done to settle the 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

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.

The EARL OF ABERDEEN, &c., &c., &c.

EDWARD EVERETT.

[No. 204.]

Mr. Everett to Mr. Calhoun.

LONDON, November 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 him.

I am, sir, with great respect, your obedient servant,

JOHN C. CALHOUN, Esq.,

EDWARD EVERETT.

Secretary of State.

[Enclosure.]

Lord Aberdeen to Mr. Everett.

FOREIGN OFFICE, 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