DESPATCHES, REPORTS, CORRESPONDENCE, ETC. 203 



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 her- 

 rings 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 

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

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

 name unknown, at Guysborough ; the " Battelle," " 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 states 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. 



With the exception of the " Eliza," which was likewise compelled 

 to make a harbor by bad 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 vessels, he urges the exercise of indulgence and m^rcy, on the 

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

 either from ignorance or temptation, and without intention to violate 

 regulations, of the existence of which they might, perhaps, never 

 have heard. 



The communications from the consul to the Lieutenant Governor 

 of Nova Scotia, having been referred to the advocate general of the 

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

 panies the consul's letter to the department. In this document, the 

 advocate general denies the power of the Governor to interfere or 

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

 diction over the subject matter. He adds, that several of the cases 

 had been commenced during his absence, and the evidence had not 

 yet been submitted to him. 



Commissions had been issued to take depositions in others. Three 

 vessels had been proceeded against by him, and the examination had 

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

 nets in Beaver harbor. In all other cases, where the evidence had not 

 been submitted to him it was to be called for before any further pro- 

 ceedings were had. He concludes by stating that, where the evidence 

 is not complete, no decree will be urged by default, until ample time 

 and opportunity be afforded for defence, upon the most favorable 

 terms that by law can be granted ; and that in any case where there 

 shall not appear good cause of prosecution, he will exercise his own 

 discretion in releasing the property. 



From these statements it will appear that the only cases of 

 seizure of which anything is known at the department, not being 

 made on the coasts of Newfoundland or Labrador, occurred at 



