1288 MISCELLANEOUS. 



great wrong. Nay, it is a wrong to colonists themselves, and to hun- 

 gry and starving women and children, whom they always meet on par- 

 ticular parts of the colonial coasts when making their "spring fare," 

 and whose necessities they seldom refuse to relieve, even to their own 

 deprivation. The fact is not to be disputed. Nor is this all. Our 

 fishermen are often of service in other respects. I have room for but 

 a single instance. In a gale, in 1845, at Shippigan* within one of 

 the interdicted "bays," be it remembered upwards of one hundred 

 British fishermen, exposed to the fury of the storm in open boats, were 

 preserved from deatn by the courage and exertions or the Americans 

 there, who were fishing in decked vessels. 



The act of Nova Scotia, passed in 1836, claims our attention. Un- 

 der this law an American vessel "preparing to fish" within three miles 

 of the coast is liable to be forfeited; the owner or claimant of such vessel, 

 in case of seizure for an alleged violation of this or of any other provision 

 of the law, is required to sJiow that there was no ground of seizure or to pay 

 treble costs; the owner or claimant is also compelled to appeal from the 

 seizing officer to the admiralty court, and try his action there within 

 three months, or to lose all remedy; the owner or claimant is compelled 

 to give one month's notice of his intention to contest the legality of the 

 seizure, and to embody in such notice every fact and circumstance on 

 which he means to rely to prove the seizure without good cause, ana 

 to show, before trial, that the seizing officer has been notified in form 

 and within the time prescribed. The seizing officer, on the other 

 hand, may inflict the most wanton injury, and escape unharmed. 

 The 13th section provides, "that in case any information or suit shall 

 be brought to trial on account of any seizure made under this act, and 



* This gale was on the 18th of July. The Miramichi Gleaner, of August 9, thus spoke 

 of it and of the unknown humane American captains: "On the 18th ultimo this place 

 was visited with one of the most fearful gales ever remembered by the oldest fisherman. 

 On the morning of that day the wind blew lightly from the southwest, and the appear- 

 ance of the day so fine that every boat belonging to Shippigan, Carraquet, and Miscow, 

 put off for the fishing grounds, with every prospect of a fine catch. Up to this time not 

 a cloud was to be seen, and the horizon gave no indication of an approaching storm, 

 when about 10 a. m. the wind veered round to the northwest and blew a perfect hurri- 

 cane. The violence of the wind carried everything before it; schooners, boats, and 

 flats were upset and driven on shore. Amongst the boats which had proceeded to sea, 

 fear and consternation prevailed. They had no alternative but to weigh anchor and 

 be driven before it off the land; the sea was running mountains-high, and as, from the 

 violence of the wind, they were unable to carry sail, every succeeding sea threatened to 

 engulph their tiny barks. By this time they had lost sight of land, when, fortunately, 

 some American schooners, fishing for mackerel on the Bradille and Orphan banks, hove 

 in sight, and, on seeing the perilous situation of the boats, these humane men imme- 

 diately got under weigh and stood towards them. As the gale was increasing, and the 

 schooners considerably to leeward, they signalled them to bear down, and by skill and 

 good seamanship happily rescued every soul on board, and made fast as many as possi- 

 ble to the schooners, and directed their men to anchor the remainder on the banks and 

 leave them to their fate. By this noble act every soul, amounting to one hundred, was 

 saved. On Saturday, after the violence of the gale had somewhat subsided, the schoon- 

 ers stood in for the shore and landed the men and boats in safety. A small vessel was 

 immediately procured and despatched in search of the boats which had been left at 

 anchor on the bank at Miscou island, (twelve in number,) and, strange to say, found 

 them all safe. As some of the men had lost their clothes, the American captains gener- 

 ously distributed a quantity of wearing apparel amongst them. 



''One of the strange captains reports, that at the commencement of the gale he per- 

 ceived several boats laboring heavily, and bore up to render some assistance, but as 

 they disappeared suddenly it is feared they have all gone down; it is supposed they 

 belonged to the Canada side. It is much to be regretted that neither the names of the 

 schooners nor of the captains are known here, in order that they may be publicly 

 thanked. 



