PERIOD FROM 1818 TO 1836. 339 



The Pilgrim and the Hero were captured while under sail, stand- 

 ing for Lubec in distress, and more than three miles from said Grand 

 Menan. And, although this capture took place on the sixteenth day 

 of June last, said schooner Hero has not been sent in for trial, but 

 has been armed, and is still used as a tender to said brig Dotterel, 

 the more easily to decoy other fishing vessels. The Rebecca went into 

 Grand Menan in distress for wood and water, and, having obtained a 

 supply, was preparing to return to the fishing ground, when she was 

 taken. The Galeon, with seventy quintals of fish on board, went in 

 for the same purpose, and, within a few minutes after she had accom- 

 plished her object, it being quite late in the evening, and the fog 

 extremely dense, she was taken and sent to St. Andrew's. The Wil- 

 liam, with one hundred and twenty quintals of fish on board, left 

 the fishing ground in distress for want of water, and had come to 

 anchor near the shore of Grand Menan, her sails were not handed, 

 nor was her boat launched from the deck to go ashore, when she 

 was seized and taken to St. Andrew's. The Ruby and Reindeer went 

 into Two Island harbor for wood and water, near Grand Menan, and 

 were immediately seized. 



We beg leave here to observe that American fishermen have no 

 occasion nor inducement to violate the provisions of the aforesaid 

 convention, nor have they, as we firmly believe, in any instance, given 

 just cause for complaint. 



The protest of the master and crew of the Galeon has already been 

 forwarded you. Those of the Hero and Pilgrim will accompany this 

 memorial, and will, we trust, establish the facts relative to the wanton 

 detention of those vessels, as well as show the indignities cast upon 

 the American flag and the insults offered the citizens of the United 

 States by the British officers of the Dotterel and provisional cutter. 



To claim these vessels in the Vice Admiralty courts in New Bruns- 

 wick would be worse than a total loss; for, besides the fact that the 

 claimant must give bonds to the amount of £60, currency of New 

 Brunswick, to pay costs of libel, whether condemnation takes place 

 or not, his vessel, should he prevail in a claim, (proverbially hope- 

 less,) will come to his hands in a dismantled and ruinous state. No 

 care is taken of American vessels seized for a pretended violation of 

 British revenue laws; for, as they can never sail under British papers, 

 but must be broken up or taken from the country, the seizing officer 

 has no inducement to keep them in good repair, with the expectation 

 of being remunerated for particular attention by a more advantage- 

 ous gale. Certificate of reasonable cause of seizure, to prevent a suit 

 for damages, is never refused by the Vice Admiralty judge of New 

 Brunswick to a British naval officer, when the proper application is 

 made. To appeal, therefore, to the provincial courts for redress 

 would be worse than unavailing. It would only aggravate the dam- 

 ages already sustained. 



To the suerc ful advocate of the rights of American fishermen, 

 it need not be urged that this state of things is peculiarly vexatious 

 and ruinous. To the owners and crews of the vessels detained, and 

 to their families, it is in many instances oppressive and distressing, 

 and they are left without redress unless their own Government inter- 

 pose. To that Government they appeal, and they do it with full 



92909'"— S. Doc. 870, 81-8, vol 2 L'3 



