468 CORRESPONDENCE, ETC. 



Consul Livingston to Mr. Webster. 



Consulate of the United States of America, 



Halifax, N. S., 10th October, 18tf. 

 To the ITonble Daniel Webster, 



Secretary of State, Washington, 



Sir: I have the honor to enclose the depositions of Saml. L. Fears 

 and Francis Bennett Masters of the American Fishing Schooners 

 Egret and Mars of Gloucester, seized for an alleged infraction of 

 the Treaty for the protection of the British Fisheries. The deposition 

 of the seizing officer is, (as usual) at variance with those of the party 

 seized. I applied to the authorities for the release of these Vessels, 

 and received from the Solicitor General the following reply — "Lord 

 Falkland has submitted to me the affidavits of Samuel L. Fears and 

 Francis Bennett, Masters of Vessels seized for violation of the regu- 

 lations for protecting the fisheries: the disposition of the Government 

 as vou know, is not to institute proceedings unless the offence is of 

 sufficient magnitude, which I fear is the case on the present occasion." 



There are at present in this Harbour Four British Frigates and 

 three Sloops of War, to remain I am informed until something def- 

 inite shall be done with regard to MLeod. 



I have the honor to be, sir, 



Your obliged and obt. servt. 



T. B. Livingston, 



Consul, U. S. A. 



[Inclosure No. 1.] 



Province of Nova Scotia, 1 

 County of Halifax, ss: J 



Be it known and made manifest unto all whom it may concern: 



That on this fourth day of October, in the year of Our Lord one 

 thousand eight hundred and forty one, before me, William James 

 Ward, Esquire Notary and Tabellion Public by lawful authority 

 duly admitted and sworn and practising in the City of Halifax in 

 the Province of Nova Scotia, Personally came and appeared Francis 

 Bennett, Master of the Schooner Mars of Gloucester in the United 

 States of America who, being by me, the said Notary, duly examined 

 and solemnly sworn on the Holy Evangelists of Almighty God, 

 deposeth and saith that on the fifth day of the month of September 

 now last past, the said Schooner Mars sailed from the Port of Glou- 

 cester aforesaid bound on a fishing voyage in which she was engaged 

 in American waters making her passage to the Gut of Canso. that on 

 the twenty-second day of September aforesaid, when the said 

 Schooner was under sail, about seven marine miles from any land, 

 and off Sea Wolf Island, he descried a vessel leeward carrying 

 American Colors and no other flying, for which he run, and on 

 approaching her, the said Schooner Mars was saluted by a shot from 

 the said vessel, which afterward proved to be the British Government 

 Cutter, although she wore the National colours of the United States 

 of America; that five men then came on board of the said Schooner 

 Mars in a boat from the said Government Schooner Victory; that the 

 said men were all armed with pistols, one of whom ordered this 

 appealer into the boat, but he, being on the high seas, and in the 

 legal pursuit of his avocation, refused to leave the vessel to which he 



