AWARD OF THE FISHERY COMMISSION. 1G61 



meant three miles from that line; and then they fenced off the Straits 

 of Northumberland; they drew another line from St. George's to the 

 Island of Cape Breton ; they drew their headland lines wherever fancy 

 or interest led them. And not only is it true that they drew them at 

 pleasure, but they made a most extreme use of that. We did not suffer 

 so much from the regular navy, but the Provincial officers, wearing for 

 the first time in their lives shoulder-straps and put in command of a 

 vessel, " dressed in a little brief authority, played such fantastic tricks 

 before high heaven" as might at any moment, but that it was averted 

 by good fortune, have plunged the two countries into war. Why, that 

 conflict between Pattillo and Bigelow amused us at the time, but I think 

 your honors were struck with the fact that, as Pattillo escaped, was pur- 

 sued, and the shots fired by his pursuers passed through his sail and 

 tore away part of his mast and entered the hull, if they had shed a drop 

 of American blood, it might " the multitudinous seas incarnadine" in 

 war. Why, people do not go to war solely for interest, but for honor, 

 and every one felt relieved, drew a freer breath, when he learned that 

 no such fatal result followed. None of us would like to take the risk of 

 having an American vessel within the three miles or without the three 

 miles, but supposed to be within it, or actually within it for an innocent 

 purpose, attacked by a British cutter, or attacked because she was 

 within certain headlands, and blood shed in the encounter. Now, Great 

 Britain felt that, and felt it more than the Provinces did, because she 

 had not the same deep interest to blind her to the importance of the sub- 

 ject. 



The results of the seizures were very bad. In the case of the White 

 Fawn, tried before the judge at New Brunswick, he says, " This fact 

 has not been accounted for, that so long a time has elapsed from the 

 time of the seizure until the case was brought into court r ; so that, al- 

 though he discharged the ship as innocent, the crew were dispersed, 

 the voyage was broken up, and no answer was made to that pertinent 

 inquiry of his honor. It was a very common thing to hold vessels seized 

 until it became immaterial to the owners, almost, whether they were 

 finally released or finally convicted. My learned friend, Judge Foster, 

 laid before your honors a Nova Scotia statute of 1836 (I confess I have 

 not read it ; I looked for it, but was not able to find it), in which he said 

 .there was a provision that if, in case of capture, an American seaman, 

 fisherman, or master did not make true answers, he forfeited 100 ; that 

 the onus, the burden of proof, to show that the vessel was not subject 

 to capture was upon the owner, not upon the captor ; that before the 

 owner could contest the question with the man who seized his vessel, 

 he must file a bond of 60 for costs ; he could bring no suit against his 

 captor until one month's notice, giving the captor an opportunity, as it 

 is said, to obtain evidence, but, as a practical lawyer, I should add, 

 giving him also an opportunity to escape and to conceal his property ; 

 finding treble costs in case the American was convicted ; and also pro- 

 viding that the simple judicial signature, declaring that there was proba- 

 ble cause for the seizure, prevented any action or suit whatever. 



Now, these were strong penal measures, unknown to anything but 

 criminal law, and even stronger than the laws of war; -because if in 

 high war a vessel is seized and released, the owner of the vessel may sue 

 the commander of the ship, though he bears the colors of Great Britain 

 or of the United States ; he may sue him in the courts of his own country 

 without giving him any previous notice, without giving any previous 

 bond, and no certificate of probable cause from the court will prevent 

 the trying of the suit. I know it is true that if the court which tries 



