DESPATCHES, REPORTS, CORRESPONDENCE, ETC. 591 



previous night. He answered that the custom-house was not open 

 during the time that he was in the outer harbor. He further insisted 

 that it was obvious from the storm that caused him to take shelter in 

 that harbor, from the shortness of his stay, and from the circum- 

 stances that his equipments were exclusively for deep-sea fishing, and 

 that he had made no effort whatever to approach the shore, that his 

 object was exclusively to find shelter. The fine, however, being 

 imposed principally through the urgency of Captain Quigley, 

 353 commanding the Terror, Captain Landry was informed that 

 he was to be detained at the port of Shelburne until a deposit 

 to meet the fine was made. He consulted Mr. White, the United 

 States' Consular Agent at Shelburne, who at once telegraphed the 

 facts to Mr. Phelan, United States' Consul-General at Halifax, it 

 being of great importance to Captain Landry, and to those interested 

 in his venture, that he should proceed on his voyage at once. Mr. 

 Phelan then telegraphed to the Assistant Commissioner of Customs at 

 Ottawa that it was impossible for Captain Landry to have reported 

 while he was in the outer harbor on the 8th instant, and asking that 

 the deposit required to release the vessel be reduced. He was told in 

 reply that the Minister declined to reduce the deposit, but that it 

 might be made at Halifax. Mr. Phelan at once deposited at Halifax 

 the $400 and telegraphed to Captain Landry that he was at liberty to 

 go to sea. On the evening of October llth Mr. Phelan received a tele- 

 gram from Captain Landry, who had already been kept four days in 

 the port stating that " the custom-house officers and Captain Quig- 

 ley " refused to let him go to sea. Mr. Phelan the next morning called 

 on the collector at Halifax to ascertain if an order had issued to re- 

 lease the vessel, and was informed that the order had been given, " but 

 that the collector and captain of the cruiser refused to obey it for the 

 reason that the captain of the seized vessel hoisted the American 

 flag while she was in custody of Canadian officials." Mr. Phelan 

 at once telegraphed this state of facts to the Assistant Commissioner 

 at Ottawa, and received in reply, under date of August 12, 

 the announcement that ''collector has been instructed to release the 

 Grimes from customs seizure. This department has nothing to 

 do with other charges." On the same day a dispatch from the Com- 

 missioner of Customs at Ottawa was sent to the Collector of Cus- 

 toms at Halifax reciting the order to release the Grimes, and saying 

 " this [the customs] department has nothing to do with other charges. 

 It is Department of Marine." 



The facts as to the flag were as follows : 



On October 11, the Marion Grimes, being then under arrest by 

 order of local officials for not immediately reporting at the custom- 

 house, hoisted the American flag. Captain Quigley, who, repre- 

 senting, as appeared, not the revenue, but the marine department of 

 the Canadian administration, was, with his " cruiser," keeping guard 

 over the vessel, ordered the flag to be hauled down. This order was 

 obeyed; but about an hour afterwards the flag was again hoisted, 

 whereupon Captain Quigley boarded the vessel with an armed crew 

 and lowered the flag himself. The vessel was finally released under 

 orders of the Customs Department, being compelled to pay $8 costs 

 in addition to the deposit of $400 above specified. 



The seriousness of the damage inflicted on Captain Landry and 

 those interested in his venture will be understood when it is consid- 



