94 CASE OF THE UNITED STATES. 



In the year 1840 a number of American vessels are reported to 

 have been seized on the Nova Scotia coast, charged with offenses 

 under the Act of 1836 alleged to have been committed within three 

 miles of the shore, all of which vessels, however, appear to have been 

 released, except two: the Ocean and the Alms. These two with one 

 other, the Pallas, which was afterwards released, were the only cases 

 reported to the Department of State at that time for diplomatic 

 intervention. 



According to the reports made by the United States Consul, the 

 circumstances surrounding these three last mentioned seizures were 

 briefly as follows: 



The Pallas was seized on the 4th of August off the Highlands of 

 Chetecam on the northwestern side of the Island of Cape Breton for 

 fishing within three miles of the shore, it being assumed by the officer 

 making the seizure that she was within that distance. The captain 

 and crew, however, maintained that they were considerably more 

 than a league from the shore, most of them estimating the distance 

 to be four miles, and they denied that they had taken any fish within 

 three miles of the shore. '^ The Pallas was released, but not until the 

 captain had been subjected to heavy expenses. * 



The Ocean was seized on August 31st while at anchor off Cheticamp 

 Harbor, abreast of Friar Head, charged with fishing within two miles 

 of the shore. Here again there was a dispute as to the distance of 

 the vessel from shore, the master contending that she was six or 

 seven miles distant therefrom and charging the officer who made the 

 seizure with being drunk at the time and unable to judge the distance. 

 Apparently the only fishing that had been done was by the cook who 

 caught two mackerel and a cod-fish for the crew's breakfast. '^ 



The^Zms was seized on September 11th, while lying to, about two 

 miles from land, where she had run in for shelter. She was charged 

 with having been fishing there, although the captain maintained that 

 no fish had been caught nearer the shore than seven miles. '^ 



a Appendix, p. 455. c Appendix, pp. 457, 1076, 1077. 



& Appendix, p. 456. d Appendix, pp. 457, 1076, 1078. 



