306 



and headed by a Mr. Howard, of Eastport, said to be captain in the 

 United States militia."* 



The Masnolia was charged with fishing while at anchor in a harbor, 

 but the mjister averred that he caught no fish within fifteen miles of the 

 coast ; that he went into the hnrbor for shelter, and for wood and water; 

 and that his only offence consisted in the purchase of a barrel of her- 

 rings for bait. The Magnolia was, however, condemned. 



The Independence, on her way from the fishing ground to a colonial 

 port to get a compass repaired, and to procure water, encountered a 

 gale which required her to put into an intermediate harbor, where she 

 lent her nets, lor a single night, to a British fisherman, and was seized 

 and confiscated. 



The master of the Shetland, importuned by a lad, sold him a pair 

 of trousers, one pound of tea, and six or eight pounds of tobacco, for 

 which he received four dollars. The seizing officer himself confessed to 

 the American consul at Halifax that he gave the boy the money to in- 

 duce the master to sell the articles mentioned. The Shetland "escaped 

 condemnation," says the consul, "b3^the merest accident;" she was 

 released on payment of about six hundred dollars expenses. 



The complaint against the Amazon was for selling goods on the 

 coast. The charge was denied, and was not proved. She was restored 

 on payment of S13S 88, as follows: 



Captain Taylor, master of the schooner Amazon, 



To DuxcAN McMillan, Dr. 



1839. To sundry attendance on said vessel .£21 10 



James Turnbull's fees 1 3 4 



Mr. John Bvillam's charges for wharfage, storage, &c. 7 11 1 



Lauchlin McLean's bill for watching vessel 3 10 



34 14 5 



Captain Taylor deposed before the American consul at Pictou, that 

 .being reduced to the alternative of paying this enormous demand, or 

 «t "leaving his vessel in the hands of said McMillan, chose the for- 

 mer, and gave a draft on his owners for the amount; on which his ves- 

 sel and stores were deUvered to him by said McMillan, with the ex- 

 ception of a rifle and a musket, which the said officer took possession 

 of, because "he thought they would get rusty on board the vessel, and 

 he would take care of them ; and they were not returned, * * al- 

 though he demanded them from said Mc^NIillan. * * * 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, be- 

 ing 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, and, together with the other heavy expenses incurred, * * 

 the whole loss to the owners and crew of the said vessel, in consequence 

 of such seizure, cannot amount to less than from two thousand to two 

 thousand five hundred dollars." 



* Thia statement we have shown to be incorrect in several particulars. 



