78 CASE OF THE UNITED STATES. 



requires examination in the present connection as showing the 

 British position at that time, sets forth the particulars of the seizure 

 as follows: 



The American fishing schooner Charles, William Stover, master, 

 belonging to York, state of Maine, detained by the Argus at Shel- 

 burne on Friday, 9th of May, 1823, for a breach of the act of 59 

 Geo. Ill, chapter 38, for the protection of the British fisheries, and 

 to enable his Majesty to make regulations respecting the same, 

 according to a convention made between his Majesty and the United 

 States, 20th October, 1818. The said schooner was found at anchor 

 in Shelburne harbor, into which she had not been driven by stress 

 of weather or any other fortuitous circumstance. Information had 

 been received of this schooner having put into that same harbor on 

 the Tuesday previous to the seizure, and anchored below Sandy Point, 

 the weather being fine and moderate at that time, as well as on the 

 day of seizure. She went out on Wednesday and returned again 

 on Thm-sday, where she was found by the Argus on Frida^v; and 

 having remained hovering upon the coast instead of proceeding on 

 her fishing voyage, when there was no pretence whatever for her 

 putting into port, she was detained.*^ 



This report was made b}^ the captain of the sloop Argus, which 

 made the seizure, and was communicated to Mr. Adams by Mr. 

 Addington, the British Charge at Washington, in his note of October 

 12, 1823, with the following explanatory statement: 



By the report of Captain Arabin it appears that the said schooner 

 was found at anchor in Shelburne Harbor, into which she had not 

 been driven by stress of weather. From that harbor she had already 

 sailed once, after having previously anchored there, and had returned 

 a second time, before she was captured by the Argus, the weather 

 being fine and moderate the whole time. 



It was disclosed in the reports of this case that while the schooner 

 CJiarles was in possession of the British and before she had been 

 condemned by judicial proceedings she was used for capturing an 

 American vessel, the Boljihin. The particulars of this seizure are 

 not reported, as the vessel was released on account of the illegality 

 of the use of the Charles for that purpose. ^ 



In June and July, 1824, seven American fishing vessels were seized 

 under orders issued by the commander of the British war vessel 

 Dotterell, charged with fishing or being at anchor without justifica- 

 tion within three miles of the shores of the Island of Grand Menan. 

 These seizures were promptly reported to the Department of State, 

 and on September 8, 1824, Mr. Brent, the Assistant Secretary of 

 State, wrote to ISIr. Addington, calling them to his attention and 



o Appendix, p. 333. bAppendix, p. 333, 349. 



