PERIOD FROM 1818 TO 1836. 77 



seizures in 1824, (and no subsequent seizures occurred during this 

 period), were made under an order issued to the officers of the boats 

 making the seizures "that any American vessels they may find 

 within three marine miles of the shore, except in evident cases of dis- 

 tress or in want of wood or water, they are to detain and send or 

 carry them to St. Andrews." '^ 



It is evident, therefore, that none of the seizures made during tliis 

 period had any bearing upon the question which afterwards arose 

 as to whether or not, in renouncing the liberty of fishing in bays 

 under the provisions of this treaty, the United States intended to 

 renounce the right of fishing more than tlu^ee miles from the shore 

 in such bays, which right, as has already been shown, was secured 

 to American fishermen under the first clause of Article III of the 

 treaty of 1783 and had never been questioned by Great Britain. 



Seizures in 1821-1824. 



It is reported in an official return made in 1852 by the Registrar 

 of the Vice Admiralty Court at Halifax, X. S., that in 1821 six 

 American fishing vessels were seized at Gulliver's Hole, Bay of 

 Fundy, three of which were condemned and three restored.^ As 

 will be foimd upon an examination of the map showing this locality, 

 Gulliver's Hole is less than six miles in mdth throughout its entire 

 extent.^ 



The attention of the United States Government does noi appear 

 to have been called to these seizures and they were not made the 

 subject of diplomatic correspondence between the two governments. 



The first seizure which was called to the attention of the Depart- 

 ment of State for redress occurred on May 9, 1823, when the American 

 fishing schooner Charles was seized in Shelbm-ne Harbor by the 

 British sloop Argus; and on the facts set forth in the protest filed 

 with the Department of State at that time Mr. Adams, the Secretary 

 of State, promptly ^VTote, on June 25, 1823, to the British Minister at 

 Washington requesting restitution and indemnit}'.** The circum- 

 stances surroimding this seizure, as reported by the master and crew 

 of the American vessel, differed in many respects from those reported 

 by the British officer making the seizure, but they all agreed that 

 the seizure was made for an offense alleged to have occurred witliin 

 three miles from the shore; and the British report, which alone 



aAppendix, pp. 375, 338, 357, 367, 377. cXJ. S. Case Map No. 1. 



b Appendix, p. 1076, 1077. d Appendix, p. 325. 



