yesterday endorsed: "Found fishing within the limits prescribed by treaty, July 17, 1839.-*J. B. Tarlton, Lieutenant H. B. M. brig Ringdove." The master of this fishing vessel (schooner Daniel, of Waldoboro') 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 will 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 armed vessel here without delay, you will shortly hear of bloodshed: five hundred fishermen, with an average crew of ten men, will not long suffer the tyranny of drunken lieutenants in the British navy. Please lay this matter before the proper authorities, and oblige your very humble servant, Hon. A. K. Parris, SOLO. THAYER. Second Comptroller, Washington. First Comptroller to Mr. Woodbury. TREASURY DEPARTMENT, First Comptroller's Office, June 17, 1839. SIR: The communication of Messrs. B. and J. M. Leavitt, in reference to the treaty stipulations by which our fishermen are regulated, presenting a question of a diplomatic character, it is respectfully conceived ought to be submitted to the Secretary of State. I therefore return it enclosed. I am, very respectfully, your obedient servant, Hon. LEVI WOODBURY, Secretary of the Treasury. J. N. BARKER, Comptroller. [Enclosure in the preceding.] BOSTON, June 13, 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, Hon. LEVI WOODBURY, Secretary of the Treasury. B. & J. M. LEAVITT. P. S.-We wish an answer for publication to our fishermen, should the department have no objection to our adopting that course. * I may not have the initials of the name correct. Collector of Boston to Mr. 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. Hon. LEVI WOODBURY, Very respectfully, GEORGE BANCROFT, Collector. Secretary of the Treasury. [Enclosures in the preceding.] NAVAL OFFICE, BOSTON, June 27, 1839. SIR: 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 American 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 Hamilton, 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 had the pleasure of meeting very many highly respectable and intelligent gentlemen of that town, who seemed deeply to regret that their own government officers 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-admiralty 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 what 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 explain any discrepancy in the testimony of the witnesses, which may appear in Mr. Grantham's statement; and it will also, perhaps, explain the eagerness with which these fishing vessels seem to be taken and carried into port for trial. I learned in Yarmouth, and also on the American coast, in the State of Maine, where our vessel touched for the purpose of landing the two destitute fishermen mentioned by Mr. Grantham, that many more of our vessels had been seized, during the present season, at the Gut of Canso. Some of these seizures have been made for other and different causes from those now detained at Yarmouth. The officers of the British cruisers accuse the masters of these vessels of carrying 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 facts in one of these cases: The captain of an American fishing 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 came on board his vessel, and, after great importunity, persuaded the American to let him have a few pounds, for which he 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 this offence. It is, of course, impossible to predict the result of the examination of all the cases in the court of vice-admiralty at Halifax, where they are now pening. 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 under special obligations to Mr. Grantham, our consular agent, for the very prompt and obliging manner in which he furnished all the information in his power upon the subject of our inquiry. I am, very respectfully, your obedient servant, To GEORGE BANCROFT, Esq., ISAAC O. BARNES, Naval officer. U. S. Collector, &c., Boston. CONSULATE OF THE UNITED STATES, 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 commander of the British government vessel Victory, 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 made to me, as the consular agent of the United States at this port, by William Burgess, master of the American fishing schooner "Independence," for advice and assistance, under the following circumstances: On Sunday, the 26th day of May last, while lying at anchor 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 the commander and part of the crew of the British government 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, 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 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 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 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 deny most 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 Jaya 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 his 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 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 othef 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 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, 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 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 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 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 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 crew 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 that, had they done so, he must have been |