PERIOD FROM 1836 TO 1841. 91 



According to that statement, the Independence is alleged to have 

 anchored in the Tusket islands, and, while there, hired her nets to an 

 English fisherman, for the purpose of taking lish on shares. The 

 crew state that they were forced to anchor there by stress of weather; 

 and that their nets had been lent, and not hired, for which they had 

 received a few herrings. 



The Magnolia is charged with having been engaged in fishing while 

 at anchor in the Tusket islands, and with the fact having been ac- 

 knowledged by the crew. This is denied ; and the reason alleged for 

 anchoring within British grounds is, want of shelter, wood and water. 



The charge against the Java, of having been engaged in taking 

 fish in the Tusket islands, is admitted by the master. 



Against the Hart is alleged that her crew were seen cleaning fish on 

 board, while at anchor in the islands, and that her master had ac- 

 knowledged that he had procured a quantity of herrings. The taking 

 of fish is denied; and the fact of the crew having been seen cleaning 

 fish is explained by stating that two barrels of herrings had been 

 received from a British fisherman in recompense of services rendered. 



On the 20th of July, a letter from the consul of the United States 

 at Halifax, dated the 27th of June, was received at this depart- 

 ment, informing it of the seizure of the four vessels above referred 

 to, and of seven others, viz: the "Shetland," seized at Whitehead, near 

 Canso; the "Charles," at Canso; the "Mayflower," and a schooner, 

 name unknown, at Guysborough ; the "Battelle," "Hyder Ally," and 

 "Eliza," at Beaver harbor. 



The "Shetland" was seized on the ground of the master having 

 sold to a lad who came on board, while the vessel lay at anchor in the 

 harbor of Whitehead, whither she had been forced by stormy weather, 

 a pair of oil-cloth trousers, and small quantities of tea and tobacco. 

 The master states that in doing so he 3'ielded to the importunities of 

 the lad, whom he believes to have been sent purposely to entrap him 

 into an attempt at smuggling. He denies having caught fish within 

 British limits. 



With the exception of the "Eliza," which was likewise compelled 

 to make a harbor by bad weather, and the crew of which deny having 

 taken fish within the British limits, or having sold or bartered any 

 articles whatever, the particulars of the cases are not given; but in 

 communications addressed by the consul to the Lieutenant Governor 

 of Nova Scotia, asking his interference in behalf of the owners of the 

 seized vessels, he urges the exercise of indulgence and mercy, on the 

 ground that some of the suflerers had only erred in a slight degree 

 either from ignorance or temptation, and without intention to violate 

 regulations, of the existence of which they might, perhaps, never 

 have heard.** 



In closing his report on these seizures, Air. Vail sums up the situa- 

 tion as follows: 



From these statements it will appear that the only cases of seizure 

 of which anything is known at the department, not being made on 

 the coasts of Nevrfoundland or Labrador occurred at places in which, 



a Appendix, p. 438. 



