330 APPENDIX TO BRITISH CASE. 



No. 111. 1852, August 26: Extract from Report Commander Camp- 

 bell, of the " Devastation" to Vice- Admiral Seymour, dated off 

 Prince Edward Island on the 26th, August, 1852. 



Had made Prince Edwards Island 14 miles to the westward of this 

 point, while standing along shore observed 18 sail of American fish- 

 ing vessels within about two miles of the land, hove to and apparently 

 fishing. While nearing them observed the American Commodore 

 coming along shore in the opposite direction. 



The distance which the steamers were from each other was very 

 short at this time, as the weather was thick and when this sloop was 

 within hail of the "Mississippi;" the intruders or those of them 

 which had not stood off were in-shore of both vessels, at this time the 

 distance of the " Devastation " from the shore was about 2 miles. 



Commodore Perry in alluding to the fisheries told me, that he 

 was fully aware that the United States fishermen frequently violated 

 the " Treaty, and pointed out what he considered the limits in 

 nearly the same words, as he used while speaking to you in my 

 presence on board the "Cumberland" I did not enter upon the sub- 

 ject with him more than I could help, but on his asking me, what 

 I considered the sea boundary of the Bay of Chaleur, I told him that 

 I thought from Miscpn Point, to Point Macqueron, but that I was 

 merely giving my private opinion. 



The Commodore then told me that all the fishermen he had seen 

 complained more of the exclusion from Chaleur Bay, than any other 

 part of the Gulf, but that he told them distinctly they could not 

 fish in that bay without clearly violating the Treaty and that they 

 must take the consequences if they attempted it. He then informed 

 me that the "Telegraph " had detained another vessel called the 

 "Golden Rule " but that it was " quite right " and that he had been 

 told by the other American fishermen that that vessel was taken 

 fishing within the 3 miles. The only other remark he made on this 

 head was, that he had been informed that the "Telegraph " was 

 disguised at the time of this capture. 



When this conversation was over, I called the Commodores atten- 

 tion to the position of the fishing vessels immediately inside of his 

 ship, and observed that he himself must see the open violation of the 

 Treaty. 



I then remarked that my present duty always a delicate one, be- 

 came doubly so while in company with him, but that I felt it incum- 

 bent on me to request him to have the terms of the Treaty enforcecL 

 by at least obliging the intruding vessels immediately to stand on 

 the land with a warning not to return to their present positions. 

 He immediately ordered the boat to be manned and sent for the 

 officer in my presence, desiring them to visit each vessel and warn 

 her to stand out, and to say that she was violating the Treaty by 

 being so close. I then said that after such orders from him I should 

 not interfere, with any vessel while he was in sight. 



On returning to the "Devastation " I had the satisfaction to see 

 that every vessel made sail and stood off after being boarded, and 

 none remained within 3 miles. 



The Commodore remarked that he was going to New York im- 

 mediately and from thence personally on to Washington, and was 



