424 CORRESPONDENCE, ETC. 



The (hive American schooners seized at Beaver Harbor, by Mr. 

 Darby, have been proceeded against by me as advocate general, and 



the examination duly taken; whereby it appears that the crews of 

 two of them had actually fished with set nets in that harbor, and 

 had taken iish on board therefrom from the night before the seizure; 

 and this evidence is confirmed by the mate of one of those vessels, an 

 American subject. In the case of the third, which is one of those 

 noticed by Mr. Morrow, the evidence at present is not so conclusive. 

 In the case of the seizure by Mr. Forrester (alluded to) the evidence 

 has not been submitted to me; but I will call for it, as in the other 

 cases, before any other proceeding is had, after the return of the 

 monition. 



In all cases where the evidence is not complete on the part of the 

 seizors no decree will be urged by default against vessels or cargo, 

 until the most ample time and opportunity are afforded the owners 

 or others concerned to make defence, which I shall feel it my duty 

 to allow them to do in such cases upon the most favorable terms 

 which by law can be granted. And in any case where there does not 

 appear good cause of detention and prosecution, I will exercise my 

 own discretion, as in the case referred to in No. 1, now enclosed; 

 which course, I hope, will meet the approbation of his excellency and 

 her Majesty's government. 



S. G. W. Archibald, 



Advocate General. 



June 20, 1839. 



Mr. Vail to Mr. Fox. 



Department of State. 



Washington, July 10, 1839. 



Sir : I have the honor to communicate to you copies of papers re- 

 ferred to this department by the Secretary of the Treasury, respect- 

 ing the seizure of several fishing boats belonging to citizens of the 

 United States, by the British government vessel " Victory" in the 

 Bay of Fundy, on a charge of having been engaged in taking fish 

 within British jurisdiction contrary to existing treaty stipulations 

 between the United States and Great Britain, and the laws of the 

 Province of Nova Scotia. 



You will perceive from these papers, that, in the opinion of the 

 naval officer despatched by the collector of customs at Boston to in- 

 quire into the circumstances of the seizures, and of the consular agent 

 of the United States at Yarmouth, who had been desired to furnish 

 the information in his possession on the subject, some, at least, of 

 those seizures were made for causes of a trivial character, and with 

 a rigor not called for by circumstances. Not doubting that justice 

 w 7 ill ultimately be done to the sufferers by the colonial courts in 

 which proceedings have been instituted against them, my object in 

 addressing this communication to you is to invoke your good offices 

 in calling the attention of Her Majesty's provincial authorities to the 

 ruinous consequences of those seizures to our fishermen, whatever 

 may be the issue of the legal proceedings founded upon them, and 



