432 CORRESPONDENCE, ETC. 



or of any of the other British coasts: nor did they at any one time 

 remain in or anions: the said islands for a longer space of time than 

 twenty-four hours. They state, however, that the master and Hiram 

 Rich, one of the crew, did receive from Benjamin Brown, the master 

 of a British fishing vessel at anchor in the said islands, about two 

 barrels of herrings, given to them by Brown, to recompense them for 

 their services in assisting him for one night at his request, in clearing 

 his nets of herrings, salting and curing his fish. 



This took place during one night that they came into the island 

 for -wood and water. This statement is corroborated on oath by 

 Hiram Kich and Albert Douglass, two of the crew of this boat, and 



by Powers, a resident of this place, the additional hand above 



mentioned, who deposed to the truth of the statement of the master 

 and crew, subsequent to the time of his engagement with them ; before 

 which time they had not proceeded to fish at all. 



Benjamin Brown, a resident of Yarmouth, and a person of much 

 respectability, deposes, that he first saw this vessel, the Hart, in the 

 Tusket islands, on the first of May last; she having then but just 

 arrived, as he believes, from Deer Island, and not having been in the 

 islands before, during the present season. He further states, that 

 afterwards this boat frequently came into the islands, at times when 

 the state of the weather was such that the safety of the vessel and 

 crew would have been endangered at sea ; and at other times, as he be- 

 lieved, for wood and water, having frequently observed them proceed 

 to the shore and bring therefrom a supply of those necessaries. He 

 was, to the best of his belief, aware of the boat's arrival whenever she 

 came into the islands, her place of anchorage being close to his ves- 

 sel ; and he says that the boat never remained in the said islands, at 

 one time, for a longer space than twenty-four hours. He usually wit- 

 nessed the boat get under weigh, and she always stood directly out to 

 sea. He had frequent opportunities of observing the conduct of the 

 master and crew of this boat, and he verily believes that no fish of any 

 kind were taken by them in or near the said islands, subsequent to 

 the 1st of May, the date of his arrival there; nor does he believe 

 that they came there for the purpose of fishing or setting nets; and 

 that, hacl they done so, he must have been aware of it, as the boat 

 always anchored, close to his vessel. He further stated that, at his 

 request, the master of the boat and one of the crew named Rich, 

 assisted him for one night in clearing his nets of herrings and in salt- 

 ing his fish, for which service he gave them two and a half barrels 

 of herrings; and that he had seen the nets seized on board the boat, 

 and that the meshes were too small to admit of the taking by them of 

 any description of herring that had been upon the coast during the 

 present season. 



These depositions I enclosed to John Morrow, esquire, United 

 States consul at Halifax, for the purpose of using them to assist him 

 in his endeavors to effect the release of the Magnolia, Java and Hart, 

 on the plea of their having been seized and detained on insufficient 

 grounds. 



The masters of these three last named vessels, by my advice pro- 

 ceeded to Halifax, where they now are awaiting the decision of the 

 government officers there, whether they will be obliged to contest the 

 legality of the seizures in the court of vice-admiralty at that place. 



