4 84 CORRESPONDENCE, ETC. 



analagous to the one now under consideration having already been 

 given by this department to the legation of the United States at 

 London, it is not deemed necessary to repeat them at this time for the 

 purpose of expressing the views of this government, or of pointing 

 out the course which you will be expected to pursue in presenting the 

 case of the Argus to the notice of the British government. 

 I am, sir, respectfully, your obedient servant, 



J. C. Calhoun. 

 Edward Everett. 



[Inclosure No. 1.] 



Portland, August 26, 184-4- 



Sir: We beg leave to lay before you the enclosed letter from our 

 consul at Halifax, and earnestly beg for your interference to see 

 justice done to us. We are fishermen and have but little property 

 and are wholly unable to pay the sum the consul says is required by 

 the court to be secured before we are permitted to have a trial of our 

 vessel. Our vessel was fifteen miles from any land when she was 

 seized, and if the British construction of the treaty is right, then 

 no American can fish in the Bay of Fundy, even if he is fifty miles 

 from any shore. 



As well might we draw a line from Cape Florida to Cape Cod and 

 say that meant three " marine miles from the shore " between these 

 capes. 



It appears, from the consul's letter, to be the determination of the 

 English government to condemn the vessel, and all our vessels found 

 within " three marine miles " of a line drawn from cape to cape. 

 Our vessel had two hundred and fifty quintals of fish on board, and 

 the vessel was valuable to us and her crew, who were turned on shore 

 without funds or means to help them home. It appears that this 

 seizure is made to settle the disputed construction of the treaty, and 

 we most confidently rely on the strong arm of our government to 

 defend and protect us in our honestly acquired property and peace- 

 ful industry. 



With great respect, we are, sir, 

 Your most obedient servants, 



J. & J. Starling. 



To the Hon. J. C. Calhoun, 



Secretary of State, Washington City. 



[Inclosure No. 2.] 



I, Edwin Doughty, of Portland, State of Maine, aged twenty-three 

 years, on oath testify and say, that I was shipped in April last as 

 Salter on board the fishing schooner Argus, of Portland, of which ves- 

 sel William Doughty was master or skipper; that we sailed in April 

 for Cape Sables, made our freight of fish and returned about the 10th 

 of June last; we sailed again about the 18th of June, and in six days 

 arrived on St. Ann's bank, which lies between Cow-bay head and 

 Cape North, and is more than fifteen marine miles from any land; 

 we fished there until the sixth day of July, when we were captured 

 by a cutter called the Sylph, of Halifax, being a Nova Scotia govern- 

 ment schooner commanded by a man named Dodge, and carried us 

 into Sidney. We arrived at Sidney about five o'clock in the morning 



