1294 MISCELLANEOUS. 



returned a second time, before she was captured by the Argus,* the 

 weather being-fine and moderate the whole time. She was accordingly 

 detained by Captain Arabin, for a breach of the act 59 George 111, 

 chapter 38, passed for the protection of the British fisheries, in con- 

 formity with the stipulations of the convention concluded between his 

 Majesty and the United States on the 20th October, 1818. On the 

 same grounds that vessel was subsequently condemned by the vice- 

 admiralty court, at St. John, in the province of New Brunswick. 



"With regard to the equipping or the said schooner by the captain 

 of the Argus, and despatching her in quest of smugglers, you will ob- 

 serve, sir, that Admiral Fame acknowledges that act to have been 

 irregular; but he, at the same time, states that irregularity to have 

 been practised then for the first time, and announces that he has taken 

 measures for preventing the recurrence of it." But the Charles was 

 condemned. 



The Hart, while in a harbor for wood and water, assisted one Brown, 

 a British subject, (as fishermen often do,) and was seized and con- 

 demned. Her master made oath that he had "never, at any one 

 time, remained in anyharbor or place for a longer period than twenty- 

 four hours; that neither he nor his crew, since her departure from 

 Deer island, have taken or prepared to take fish of any kind or descrip- 

 tion, with nets, lines, or in any manner, at a distance from the coast 

 less than fifteen miles." And Brown deposed that the Hart had fre- 

 quented the Tusket islands, "when, in nis belief, shelter was neces- 

 sary;" that she "was always brought to anchor close to his own ves- 

 sel;" that "he verily believed that no herring or other kinds of fish 

 were taken by the crew within or near to the said islands;" that when 

 at these islands, "had her crew attempted to fish, or to set nets, he 

 must have been aware of it;" and that Tie gave the master, and one of 

 the men, "two and a half barrels of herring as a recompense for assist- 

 ing him, at his request, in picking herrings from his nets, and in dress- 

 ing and salting fisn." 



The Eliza carried away one of her main chains, and put into a harbor 

 to repair the damage; she was seized, but released on payment of a 

 claim of three hundred and thirty-nine dollars and fifty-six cents, the 

 amount of expenses incurred during her unlawful detention. 



The Mayflower was carried into port, but finally restored on pay- 

 ment of a bill of three hundred and one dollars and twenty-five cents, 

 "assessed" against her by her unjust captors; the agent preferring to 

 liquidate the claim rather than to risk further difficulty. 



The Three Brothers, relates Lieutenant Fame, in a letter to Mr. 

 Forsyth, (1839,) "having met with some injury by grounding, com- 

 menced lightening ; but the captain was advised to apply for permis- 

 sion, and did so: the permission was refused, and the articles landed 

 (some barrels of salt) were seized. This was afterwards ordered to be 

 restored to the owners, but had already been sold; and the proceeds 

 are now in the hands of the collector of customs at Charlottetown, 

 subject to the orders of the honorable the board of customs in Lon- 

 don, and cannot be claimed by the owners without first entering into 

 bonds probably ten times the amount of the salt seized." 



A second vessel, called the Charles, having fitted for the Magdalene 

 herring fishery, (says the collector of the customs of the district of 



* Formerly of the United States navy; captured in the war of 1812. 



