PERIOD FROM 1836 TO 1841. 93 



The Amazon was seized in July, 1839, at the Gut of Canso, by the 

 Collector of Light Dues. The facts surrounding the seizure as set 

 forth in an affidavit sworn to by the master and crew of the vessel 

 before the United States Consul at Pictou, Nova Scotia, were — 



that the said vessel arrived at the Gut of Canso on the 4th day of 

 July last, and came to anchor there at Steep Creek cove, for the pur- 

 pose of procuring wood and water; that, on the next day, said appcar- 

 ers took on board said vessel two barrels of water, and two cords of 

 wood; that, thereafter, said vessel remained at anchor there until the 

 morning of Sunday, (the 7th,) on account of the weather being so 

 very foggy that at no time during the said period could appearers 

 discern objects at a distance of thirty or forty yards; that, on the 

 morning of the said 7th, one Duncan McMillan came on board and 

 seized the said vessel, and turned all the said appearers, except the 

 master, on shore in a destitute condition; and the said appearers do 

 severally most solemnly declare that there were no articles on board 

 the said vessel when she left Gloucester aforesaid, but such as are 

 usual and necessary for such voyages." 



After being detained about two weeks she was released under an 

 order from the Attorney General of the province in which he states: 

 ''I cannot see any just ground for her longer detention".^ 



Several seizures of American vessels other than fishing vessels are 

 reported to have been made on the Nova Scotia coast, which stand 

 on a difTerent footing from those above mentioned. The seizures 

 referred to were apparently made for the purpose of enforcing the 

 payment of light dues by American trading vessels passing through 

 the Gut of Canso. Inasmuch as such seizures involve the question 

 of the right of innocent passage through the Gut of Canso which, 

 by express stipulation, is excluded from the questions submitted 

 in this Case, it is unnecessary to review here the circumstances 

 surrounding them. The only question presented for decision in this 

 Case with respect to the imposition of light dues on this portion of 

 the coast relates to the imposition of such dues on American fishing 

 vessels exercising their treaty right of entering bays or harbors for 

 shelter, repairs, wood or water, and it will be perceived that this 

 question differs from that presented by the seizures above considered 

 in that such vessels were not exercising a treaty right. 



o Appendix, p. 445. & Appendix, p. 446. 



