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 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:

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 vessel, and on the following morning he saw them return with a quantity of fish, which 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. He 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 the 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 time, 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 18th 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 days, 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

he did about a week previously procure from Benjamin Brown two barrels of fresh herrings for bait.

The crew of the Magnolia positively deny the truth of the depositions made against them, and they say that their vessel must have been mistaken for some other. The crew of the Independence also deny having hired 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 lending the nets for 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 the 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 these 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 termination 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 the 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 Agent U. S. for the Port of Yarmouth, N. S.

JOSIAH STURGIs, Esq.,

Commander of the American Revenue-cutter Hamilton.

CUSTOM-HOUSE, BOSTON, June 27, 1839.

I certify that the foregoing is a true copy from the original addressed to Captain Sturgis by Henry A. Grantham, Esq.

G. BANCROFT, Collector.

Circular instructions to officers of the customs residing in collection districts where vessels are licensed for employment in the fisheries of the United States.

TREASURY DEPARTMENT, January 21, 1836. Representations have been made to our government through the chargé d'affaires of his Britannic Majesty, of encroachments by the American fish

ermen upon the fishing-grounds secured exclusively to British fishermen by the convention between the United States and Great Britain, bearing date the 20th day of October, 1818.

The President, being desirous of avoiding any just cause of dissatisfaction on the part of the British government on this subject, and with a view of preventing the injury which might result to the American fishermen from trespassing upon the acknowledged British fishing-grounds, directs that you will inform the masters, owners, and others employed in the fisheries in your district, of the foregoing complaints; and that they be enjoined to observe strictly the limits assigned for taking, drying, and curing fish, by the fishermen of the United States, under the convention before stated.

In order 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,

To the COLLECTOR OF

Secretary of the Treasury.

P. S. The collectors of Portland, Penobscot, Bath, Boston, Portsmouth, Gloucester and Newport are directed to publish these instructions twice a 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 from the convention with Great Britain of October 20, 1818.

"ARTICLE 1. 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 inhabitants 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 Newfoundland; 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 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 abovementioned limits: Provided, however, That the American

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."

Acting Secretary of State to the President of the United States.

DEPARTMENT OF STATE,

August 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 inhabitants 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 Newfoundland, 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 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 above mentioned limits: Provided, however, That the American 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 hereby reserved to them."

Under this article

1. 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 America, 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 and 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, 1823, 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 1818, 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 chargé d'affaires that several citizens of the State of Maine had 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 chargé d'affaires, in answer, promised to institute an inquiry into the circumstances of the case, invited the United States to a similar proceeding on their part, 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 chargé 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