422 CORRESPONDENCE, ETC. 



[Sub-inclosure 0. ] 



Pkovini i: of Nova Scotia, Halifax, ss. 



Personally, on this 13th day of June. A. D., 1839, before me, John 

 Morrow, consul of the United States of America for the port of Hali- 

 fax, in the Province of Nova Scotia, and for all other ports and 

 places that may be nearer to Halifax than the residence of any other 

 consul, came and appeared James Morton, master of the schooner 

 " Eliza, of Portland, which is of the burden of fifty-eight tons or 

 thereabouts, together with the several parties whose names are here- 

 unto subscribed, being the crew of the said schooner, who. being by 

 me duly examined and sworn on the Holy Evangelists of Almighty 

 God, did testify and declare to be true the several matters herein- 

 after set forth: 



That, on or about the twenty-sixth day of April last, these ap- 

 pearers sailed in and with the said schooner from Portland, on an 

 intended fishing voyage on the coast of Nova Scotia and the Bay of 

 St. Lawrence, having on board materials and stores fit and proper 

 for a fi-hing voyage, and which voyage w r as expected to last about 

 four months. 



That the said schooner carried no articles whatever suitable for a 

 trading voyage or for sale; nor had any one of these appearers any 

 good-, wares, or merchandise wherewith to carry on any trade or 

 traffic: but solelv intended and fitted out for the fisherv, with nets, 

 hooks and lines, salt, &c. 



That from the day on which they sailed, they never caught or 

 cured any fish whatever, within ten or twelve miles of any part of 

 the coast; and never made any harbor, except when unavoidably 

 compelled to do so, viz: on or about the 5th of May. it blowing a 

 heavy gale from the east, they were compelled to make a harbor in 

 the Ragged Islands, where they remained two or three days, during 

 all which period the weather continued so bad as to prevent their 

 going to sea. On the 2-lth of May, or thereabouts, the schooner hav- 

 ing carried one of her larboard main-chains, in consequence of a 

 heavy >well while at anchor in sixty fathoms off Spry Harbor, they 

 were' compelled to run into Beaver Harbor as the nearest port and 



got it repaired by a man whose name they were informed was 



Winsell. 



That on the 8th of June now instant, the said schooner put again 

 into Beaver harbor to get wood and water, (their supply being much 

 reduced, and being inadequate for the said voyage,) and on the 9th 

 (being Sunday; the said schooner was seized by the provincial 

 -'•hooner Victory, Darby master, and brought to Halifax; the master 

 and the cook being the only persons allowed to stay in her. 



And these appearers solemnly declare that they neither sold, 

 bartered, nor parted with any article whatever out of the said 

 schooner, or caught or procured or prepared, or intended to catch or 

 procure any fish whatever, except at a distance of ten to twelve miles 

 from the coast of Nova Scotia ; or purchased or endeavored to pur- 

 chase any fi-li of any of the inhabitants or others on the British 

 coasts, and that the whole sum of money in possession or control of 



