PERIOD FROM 1836 TO 1854. 439 



and that their nets had been lent, and not hired, for which they had 

 received a few herrings. 



The Magnolia is charged with having been engaged in fishing 

 while at anchor in the Tusket islands, and with the fact having been 

 acknowledged by the crew. This is denied; and the reason alleged 

 for anchoring within British grounds is, want of shelter, wood and 

 water. 



The charge against the Java, of having been engaged in taking 

 fish in the Tusket islands, is admitted by the master. 



Against the Hart is alleged that her crew were seen cleaning fish 

 on board, while at anchor in the islands, and that her master had 

 acknowledged that he had procured a quantity of herrings. The 

 taking of fish is denied; and the fact of the crew having been seen 

 cleaning fish is explained by stating that two barrels of herrings had 

 been received from a British fisherman in recompense of services 

 rendered. 



On the 20th of July, a letter from the consul of the United States 

 at Halifax, dated the -27th of June, was received at this department, 

 informing it of the seizure of the four vessels above referred to, and 

 seven others, viz : the " Shetland" seized at Whitehead, near 

 Canso; the " Charles" at Canso; the "Mayflower" and a schooner 

 name unknown, at Guysborough; the " Battclle" " Hyder Ally" and 

 " Eliza" at Beaver harbor. 



The "Shetland" was seized on the ground of the master having 

 sold to a lad who came on board, while the vessel lay at anchor in the 

 harbor of Whitehead, whither she had been forced by stormy 

 weather, a pair of oil-cloth trousers, and small quantities of tea and 

 tobacco. The master stales that in doing so he yielded to the im- 

 portunities of the lad, whom he believes to have been sent purposely 

 to entrap him into an attempt at smuggling. He denies having 

 caught fish within British limits. 



W i 1 1 1 the exception of the "Eliza," which was likewise compelled 

 to mala' a harbor by had weather, and the crew of which deny having 

 taken fish within the British limits, or having sold or bartered any 

 articles whatever, the particulars of the cases are not given; but in 

 communications addressed by the consul to the Lieutenant Governor 

 of Nova Scotia, asking his interference in behalf of the owners of 

 the seized ve->eh. he urges the exercise ofindulgence and mercy, on 

 the ground that some of the sufferers had only erred in a slight de- 

 gree either from ignorance or temptation, and without intention to 

 violate regulations, for the existence of which they might, perhaps, 

 never have heard. 



The communications from the consul to (he Lieutenant Governor 

 of No- a Scotia, having been referred to the advocate general of the 

 Province, underwent examination, ami a copy of his report accom- 

 panies the Consul's letter to the ( le| >a it HHMit . In this document, Hie 

 advocate general denies the power of the ( iovernor to interfere or 



v proceedings in the court of vice-admiralty, which alone has 

 jurisdiction over the Bubjed matter. He adds, thai several of the 



I :i •■ had been commenced during his absence, and the evidence had 

 yet been submitted to him. 



Commissions had been issued to take depositions in others. Three 



ves el ''id been proceeded against by him, and the examination had 

 proved that the crews of two of them had actually taken fish with 



