307 



The consul, in a communication to Mr. Forsyth, after the Amazon 

 had proceeded to sea, remarked, that " the (as I apprehend it) un- 

 justifiable detention of that vessel led not only to the destruction of her 

 intended voyage, but, as I am informed, to her total loss in a gale on 

 the coast of Cape Breton, soon after she was released." 



The Charles, drifting from her anchorage under a fresh wind and 

 heavy sea, (according to the account of her master,) put into a harbor 

 for shelter, and was seized. The British minister at Washington, who 

 considered that she was a lawful prize, alleges no offence, except that 

 a ship-of-war found her "at anchor in Shelburne harbor, into which 

 she had not been driven by stress of weather. From that harbor she had 

 already sailed once, after having previously anchored there, and had 

 returned a second time, before she was captured by the Argus,* the 

 weather being fine and moderate the whole time. She was accordingly de- 

 tained by Captain Arabin, for a breach of the act 59 George III, 

 chapter 38, passed for the protection of the British fisheries, in con- 

 formity with the stipulations of the convention concluded between his 

 Majesty and the United States on the 20th October, 1S18. On the 

 same grounds that vessel was subsequently condemned by the vice- 

 admiralty court, at St. .John, in the province of New Brunswick. 



" With regard to the equipping of the said schooner by the captain ot 

 the Argus, and despatching her in quest of smugglers, you will ob- 

 serve, sir, that Admiral Fahie acknowledges that act to have been 

 irregular ; but he, at the same time, states that irregularity to have been 

 practised then for the first time, and announces that he has taken 

 measures for preventing the recurrence of it." But the Charles was 

 condemned. 



The Hart, while in a harbor for wood and water, assisted one Brown, 

 a British subject, (as fishermen often do,) and was seized and con- 

 demned. Her master made oath that he had " never, at any one time, 

 remained in any hai-bor or place for a longer period than twenty-four 

 hours; that neither he nor his crew, since her departure from Deer 

 island, have taken or prepared to take fish of any kind or description, 

 with nets, lines, or in any manner, at a distance from the coast less than 

 fifteen miles." And Brown deposed that the Hart had frequented the 

 Tusket islands, ''when, in his behef, shelter was necessary;" that she 

 "was always brought to anchor close to his own vessel;" that "he 

 verily believed that no herring or other kinds of fish were taken by the 

 crew within or near to the said islands;" that when at these islands, 

 "had her crew attempted to fish, or to set nets, he must have been 

 aware of it;" and that he gave the master, and one of the men, "two 

 and a half barrels of herring as a recompense for assisting him, at his 

 request, in picking herrings from his nets, and in dressing and salting 

 fish." 



The Eliza canned away one of her main chains, and put into a harbor 

 to repair the damage ; she was seized, but released on payment of a 

 claim of three hundred and thirty-nine dollars and fifty-six cents, the 

 amount of expenses incurred during her unlawful detention. 



The Mayflower was carried into port, but finally restored on pay- 



* Formerly of the United States navy ; captured in the war of 1812. 



