1814 AWARD OF THE FISHERY COMMISSION. 



ceived several warnings, I think, and even if they had only one, they 

 had the chance to escape, and the result, of course, was that nothing at 

 all was done towards repressing the evil. These instructions, therefore, 

 had to be altered, and made more stringent ; but nevertheless, it was 

 still required that vessels should not be seized, except when caught 

 Jtagrante delicto, and actually fishing, or preparing to fish, within the 

 prescribed limit. In truth, to preserve these waters, as they ought to 

 be preserved, the moment that a vessel has once entered the limit, and 

 incurred forfeiture, no matter where she sails to afterwards, she should 

 be liable to be seized, and ought to be seized in my humble judgment, 

 and condemned, unless it could be clearly shown that the captain, when 

 he entered such limit, supposed that be was not committing any breach 

 of the law, and believed that he was four or five miles offshore, when in 

 fact he was within the three-mile limit. In such case, of course, no 

 harshness should be extended towards him. I will show you, however, 

 before I get through, that the American Government itself, having heard 

 of these complaints I dare say, very much in the language which Mr. 

 Dana has thought proper to use on this occasion sent down Commo- 

 dore Shubrick to make inquiries into this matter ; and you will find 

 that Commodore Shubrick found that these stories were utterly un- 

 fonded. 

 A dispatch dated September 9, 1853, was as follows : 



No. 23.1 PRINCETON, AT PORTSMOUTH, N. H., 



September 19, 1853. 



SIR : My dispatches from the 1st to the 14th, inclusive, have informed the department of 

 the movements of this ship up to the 16th of August. 



After leaving Halifax, I ran along the coast of Nova Scctia to the Strait of Canso, which 

 I entered on the evening of the 17th, and anchored at Sand Point. On the next day I 

 anchored successively at Pilot Cove and Ship Harbor. At each of these places diligent in- 

 quiry was made of the masters of American vessels, and, at the last, of our consular agent, 

 in relation to the treatment of our fishing vessels by the armed vessels of other nations, and 

 no instance was learned ot any improper interference. Some cases were reported of vessels 

 having been warned off who were found fishing or loitering within three miles cf the 

 shores. 



It was thought advisable to make particular inquiry in this strait, as it is the passage 

 through which great numbers of vessels pass, and where wood, water, and other supplies 

 are obtained ; and although there were not many Americans in it at the time of our visit, I 

 was informed by the consular agent that in the course of the last year eleven thousand ves- 

 sels, of all kinds, were counted passing through both ways, and some must have passed in 

 the night who were not counted. 



^From the Strait of Canso I went to Pictou. This port is the residence of the consul of the 

 United States for the north coast of Nova Scotia, to whom complaints of interference would 

 naturally be made, if any should be experienced within the limits of his consulate ; but he 

 bad heard of none. 



From Pictou I crossed over to Charlottetown, Prince Edward Island, and inquired into 

 the case of the schooner Starlight seized by Her Majesty's steamer Devastation ; the official 

 papers in relation to which were forwarded with my dispatch No. 15. 



The Fulton having joined me at Pictou, accompanied me to Charlottetown, that some 

 repairs might be made to her machinery, under the direction of Chief-Engineer Shock. 

 She wa.s dispatched on the evening of the i>9th August, under instructions ; copies of which 

 accompany this. 



Leaving Charlottetown, it was found necessary to anchor in the outer harbor of George- 

 n order to make some repairs to the engine of the Princeton the necessity of 

 iscovered until after we had left Charlottetown, but which, fortunately, 

 could be done by our own engineers. 



September, at meridian, we anchored in Gasp6 Bay, Lower Canada, having, in 



the Highland morning, passed through many hundreds of fishing-vessels, show- 



erally American colors. These were all fishing outside the bays. The ship passed 



; through them with her colors set, but it was deemed best not to interrupt them in 



ung by boanhng or running so near as to hail. If any one of them had complaint 



make, communication could be easily had with the ship, and the slightest intimation of 



aurh a wish would have been immediately attended to, but none was made. 



in n was at anchor in the inner harbor. A copy of Lieutenant Commanding 



report of his proceedings, under my orders of the 29th ultimo, is with this. 



