PERIOD FROM 1836 TO 1854. 425 



to the consequent expediency of great caution and forbearance in 

 future, in order that American citizens, not manifestly encroaching 

 upon British rights, be not subjected to interruption in the lawful 

 pursuit of their profession, 



I have the honor, &c, 



A. Vail, Acting Secretary. 



Henry S. Fox, Esq., &c., &c. 



Collector Jarvis to Mr. Forsyth. 



District of Frenchman's Bay, 



Collector's Office, 

 Ellsworth, July 15, 1839. 



Sir: The schooner Charles, Captain Benjamin S. Moore, fitted for 

 the Magdalen Islands herring fishery on the 27th of April last; and 

 after making her fare, on her return put into the harbor called 

 Pirate cove, near the big Gut of Canso, and had not lain there 

 twenty two hours, when the schooner was boarded by an officer of 

 the revenue, called a seizing officer, and by him taken possession of 

 and carried to Guysborough. The only pretence for this seizure was, 

 that the schooner was under cod-fishing license, and had on board 

 herrings. The vessel, after a detention of nineteen days, was given 

 up by directions from Halifax. That at the time of said seizure, 

 the officer took from him ten barrels of his herrings, which have 

 never been returned; and the remainder of his cargo, by the de- 

 tention, has been nearly all lost. The name of the seizing officer was 

 John G. Marshall. 



Captain Benjamin Moore is a very poor man, and totally unable 

 to bear such a loss. It is at his request I write to solicit the aid of 

 the government in his behalf, knowing of no manner in which he 

 can obtain compensation for his losses from this British officer, but 

 through his own government. 



I am, very respectfully, sir, your obedient servant, 



Edward S. Jarvis. 

 Hon. John Forsyth, 



Secretary of State. 



Mr. Forsyth to Mr. Fox. 



DxPAfi r\i i \t op State, 



Washington, July 21 t , 1839. 

 Sik: T have the honor to communicate to you a copy of a Letter 

 addressed to thie department by the collector of customs of the dis- 

 trict of Frenchman's bay, asking its interposition in obtaining for 

 Captain Benjamin 8. Moore, of the fishing schooner "Charles, the 

 re i itution of ten barrels of herring taken from him by the officer 

 who seized bis vessel, and still withheld after her release by the 

 authorities of Halifax. \- the ressel was given up, it is presumed 

 that the seizure has been made upon insufficient grounds, and there- 



