202 APPENDIX TO BRITISH CASE. 



rupted by British cruisers, while engaged in taking and curing fish 

 in the Bay of Fundy ; and was accompanied by a similar demand of 

 indemnity and reparation. The British charge d'affaires, in answer, 

 promised to institute an inquiry into the circumstances of the case, 

 invited the United States to a similar proceeding on their 

 119 part, and closed with a remonstrance against the act of Amer- 

 ican citizens who, with an armed force, had rescued the seized 

 property from the custody of British officers. 



In January, 1836, the British Government became, in its turn, 

 the complainant. Its charge d'affaires at Washington, remonstrated 

 against the encroachments of American citizens upon the fishing 

 grounds secured exclusively to British fishermen by the convention 

 of 1818. The result of this complaint was a circular letter addressed 

 by the Secretary of the Treasury to the officers of customs in dis- 

 tricts where vessels are licensed for the fisheries, directing them to 

 impress the crews of fishing vessels with a sense of the treaty obli- 

 gations of their Government, and of the dangers to which they 

 exposed themselves by encroaching upon British rights. The recent 

 cases of seizure constitute the last instance of alleged violation of 

 rights, and the charge is laid to the British account. The attention 

 of this department was first called to the subject by a reference by 

 the Treasury of a letter from B. and J. M. Leavitt, of Boston, ask- 

 ing for information as to the existing treaty stipulations regulating 

 the matter. The inquiry was answered by a reference to the first 

 article of the convention of 1818. On the 3d July the Secretary of 

 the Treasury referred to the department a communication from the 

 collector of Boston, transmitting a report from the naval officer who 

 had been despatched to Nova Scotia with directions to inquire into 

 the alleged causes of the seizure and detention of American fishing 

 vessels. The report, after alluding in general terms to some of the 

 seizures, refers, with regard to the particulars of four of the cases 

 then pending before the court of vice admiralty of Halifax, to an 

 abridged statement, furnished by the consular agent of the United 

 States at Yarmouth, of the depositions of the masters and crews of 

 three American fishing schooners, viz : the " Independence," the 

 " Magnolia," and the "Java," and the fishing boat " Hart." The 

 statement, with the report accompanying it, is annexed, and con- 

 tains the most detailed information in the possession of this depart- 

 ment in relation to the " nature and circumstances of the cases." 



According to that statement, the Independence is alleged to have 

 anchored in the Tusket islands, and, while there, hired her nets to an 

 English fisherman, for the purpose of taking fish on shares. The 

 crew state that they were forced to anchor there by stress of weather ; 

 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 it is alleged that her crew were seen cleaning 

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



