PERIOD FROM 1836 TO 1854. 455 



and others at Gloucester, having a crew of six men, has been captured 

 by the cruiser " Louise Wallace ", Forrester, Commander, for an 

 alleged violation of Treaty, and brought into this Port. 



The verbal statement of Capt. Haskell, in relation to the matter, 

 and which is fully corroborated by the crew of the " Pallas " is as 

 follows — 



The " Pallas " sailed from Gloucester on 28th July last, on a fishing 

 voyage, and on 4th of the present month, when off the Highlands 

 of Chetecam, on the northwestern side of the Island of Cape Breton, 

 and distant nearly or quite four miles from the shore, a small schooner, 

 apparently a fisherman, lying under the land, was seen to make sail 

 and approach them. Not suspecting her character, she shewing no 

 flag and making no signal, the " Pallas " pursued her course toward 

 the Magdalen Islands, whither she was bound, and it was not until 

 after several hours that they were made aware of the intentions of 

 the other vessel, which now hoisted the English flag and fired two 

 guns in quick succession. The " Pallas " then hove to, and the other 

 schooner, soon coming up, boarded and without resistance, took 

 possession. The vessel proved to be the " Louisa Wallace ", For- 

 rester. Commander, with a crew of eleven men, to which vessel, 

 the crew of the "Pallas" with two exceptions were now transferred. 

 The two vessels were, at this time, off the " Magdalen Islands " and 

 sixty miles, or thereabouts from any part of the coast of the Province 

 of Nova Scotia. 



The evidence, relied upon to justify the seizure is that, given by 

 two men, belonging to the latter, who, it appears, were sent out in a 

 boat to watch the movements of the " Pallas ". They state that one 

 or more of the crew of the " Pallas " were observed to let down their 

 lines, over the side of the vessel, and draw them in again but do not 

 pretend that any fish were taken. It is also assumed that she was 

 within three miles of the land. 



On the other hand, ('apt. Haskell and crew, solemnly deny that any 

 line was put out from the " Pallas " and affirm that in thoir judgment 

 and belief, they were considerably more than a league from the shore, 

 most of them estimating the distance to be four miles. 



Such was the nature and amount of evidence upon which the 

 "Pallas" was seized and brought into this Port; the sails unbent, 

 and the crew discharged; and such is the proof, by which it is now 

 soughl to condemn tin' vessel. 



\ ill-' matter is to be adjudicated :it Halifax-, T immediately 

 de patched ("apt. Haskell and two of his men to thai place that they 



might, in person, give evidence as to the facts, and if possible, pre- 

 vent tl, going into the Courl of Admiralty, as in this event, 



great expense ami long detention must, at least, be the result; and 

 believing it to he important that they should reach Halifax before 

 any proceedings were commenced, I did not detain them to take thoir 

 affidavits in form here. I furni hed ('apt. II. with such letter- as will 



enable him to avail him elf of the best legal advice. Should he, 



howevr. pro-iire the release <>f bis ve el. the Laws <»f this Province 



are such, as will. I am informed, render it impos ible for him to obtain 

 any redress for the injury :ind lo - n lained by her capture and 



detention, and to thai fad I would respectfully ask leave to call your 

 attention as, in all probability, other American vessels will bo. cap- 



