301 



(leprlvntion. The fact is not to be disputed. Nor is this rdl. Our 

 fishermen are often of service in other respects. I have room for but 

 a single instance. In a gale, in 1845, at Shippigan* — wiihin one of 

 the interdicted "bays," be it remembered — upwards of one hundred 

 British fishermen, exposed to the fury of the storm in open boats, were 

 preserved fi-om death ])y the courage and exertions of the Americans 

 tliere, who were fishing in decked vessels. 



The act of Nova Scoiia, passed in 1S3G, claims our attention. Under 

 this law an American vessel "preparing to fish" within three miles of 

 tlie coast is liable to be fbi'feitcd; the owner or chiimaiit of siicli vessd, in 

 case of seizure for an alleged violation oftJtis or of airy otlar provi^fion of the 

 lair, is rerjuired to shoic that (h(re ivas no ground of seizure or to fay treble 

 costs; the owner or claimant is also compelled to appeal from the 

 seizing officer to the admiralty court, and try his action there within 

 tlirce months, or to lose all remedy; the owner or claimant is compelled 

 to give one month's notice of his intention to contest the legality of the 

 seizure, and to embody in such notice every fact and circumstance on 

 which he means to rely to prove the seizure without good cause, and 

 to shoAv, before trial, that the seizing officer has been notified in lorm, 

 and within the time prescribed. The seizing officer, on the other hand, 

 ma\' inflict the most wanton injury, and escape unharmed. The ] 3th 

 section provides, " that in case any information or suit shall be brought 

 to trial on account of any seizure made under this act, and a verdict 

 shall be found for the claimant thereof, and the judge or court before 

 whom the cause shall have been tried shall certify on the record that 

 there was probable cause of seizure, the claimant shall not be entitled 

 to any costs of suit, nor shall the person who made such seizure be 



* This gale was on the 18th of July. Tlic Miramichi Gleaner, of Auirust 9, thus spoke of 

 it and of the unknown hnnirnu! AuuM'ican captains: "On tlie I8tli ultimo tliis i)laco was visited 

 with one of the most fearful irales ever reniemhereil by tlnj oldest fisherman. On the moniing 

 (>f that day the wind blew liirhtly from the southwest, and the appearance of the day so fine 

 that every boat belongin;i: to Sliippigan, Carra(iuet, and Miscow, put off for the fishini; grounds, 

 with every prospect of a fine catch. Up to this time not a cloud was to be seen, and the 

 korizon gave no hidication of an approaching storm, when about 10 a. m. the wind veered 

 round to the northwest and blew a perfect hurricane. The violence of the wind carried every- 

 tliing before it; schooners, boats, and ftats were upset and driven on shore. Amongst the 

 boats which had proceeded to sea, fear and constenintion i>revailed. They had no alrernative 

 but to weigh anelior an<l be driven before it off the laud; the sea was running mountains-liigh, 

 and as, from the violence of the wind, they were unable to carry sail, every succi-eding 

 Sea threatened to enguli>h their tiny barks. ISy this tinu' they had lost sigiit of huid, when, 

 fortnnat^dy, some Americm schooners, fishing for mackerel on the liradiile and Orphan 

 banks, hove in sight, and, on seeing the perilous situation of the boats, tliese humane men 

 immediately got imder weigh and stood towards them. As the gale was increasinir. and the 

 schooners considerably to leeward, they signalled them to bear down, and by skill and good 

 seamanship ha])pily rescued every 8f)ul on board, and made iiist as many as possible to the 

 Sfiiooners, and directed their men to anchor the renminder on flu; baidts and leave them to 

 tlieir fitfs. By this noble act eveiy soid, amouiitingro one hundred, was saved. On Saturday, 

 after the violence of the gale had somewhat subside(l, the schooners stood in for the sliore and 

 landed the men and boats in safety. A small vessel was inunedialely prociu'ed and di-spatched 

 in Sf-arch of the boats which had been left at anchor on the bank at Miseoii island, (twelve in 

 number,) and, strange to say, found them all safe. As some of the nu'n had lost their (dothes, 

 the American captain.^ generously distributed a quantity id' wearing apparel ainoni;st them. 



" One, of the strant'e captains rejjorts, that at the connnencenu'iit of the gale he perceive<i 

 several boats laboring heavily, ami bore up to render some assistance, but as they <lissai)]teare<i 

 Puddeidy it is feared they have all gone down: it is sujiposed they Ixdonued to the Canada side. 

 It is min-h to be reijretted that neither the names of the schytmers nor of the captains arckuowu 

 here, in order thtil they may be publicly thanked. 



