217 



af obtaining water, and for no other purpose whatever-r— Subject, never- 

 theless, to such- restrictions as may be necessary to prevent such fisher- 

 men of the said United States from taking, drying or curing fish in the 

 said bays or harbors, or in any other manner whatever abusing the said 

 pirivileges by the Said treaty and by this act reserved to them, and as 

 shall for that purpose be imposed by any order or orders to be from 

 time to time made by his Majesty in council, under the authority of this 

 act, and by any regulations which shall be issued by the governor, or 

 person exercising the office of governor, in any such parts of his Majes- 

 ty's dominions in America, under or in pursuance of any such order in 

 council, as aforesaid." 



Fourth, that " if any person or persons, upon requisition made by the 

 governor of Newfoundland, or the person exercising the office of gov- 

 ernor, or by any governor, or person exercising the office of governor, in 

 any other parts of his Majesty's dominions in America as aforesaid, or by 

 any officer or officers acting under such governor, or person exercising the 

 office of governor, in the execution of any orders and instructions from 

 his Majesty in council, shall refuse to depart from such bays or harbors ; 

 or if any person or persons shall refiise or neglect to conform to any 

 regulations or directions which shall be made or given for the execution 

 of any of the purposes of this act; every such person so refusing or 

 otherwise offending against this act shall forfeit the sum of two hun- 

 dred pounds." 



Reserving comments upon this statute for another place, we proceed 

 with our narrative. The four years succeeding the ratification of the 

 convention, were years of comparative quiet and security. But in 

 1823, the ships-oE-war Argus* and Sparrow-hawk spread alarm among 

 our fishermen who were employed in the Bay of Fundy, and elsewhere 

 in the waters of Nova Scotia and New Brunswick. They molested 

 some, and ruined the voyages of others; but the Charles of York, 

 Maine — a prize to the Argus — is believed to be the only vessel captured 

 and sent into port for trial. 



In 1824, Captain Hoare, of his Majesty's brig Dotterel, seized nine 

 vessels.t The conduct of this gentleman caused much excitement and 

 indignation. I personally witnessed many of his proceedings. How- 

 ever censurable his general course, it is not remembered that he dis- 

 turbed the humble men who fish in small open boats in the Bay of 

 Passamaquoddy, and in waters always considered free and common 

 to the people of the two flags. OF the vessels which he captured, one 

 was retaken by her crew, assisted by one of his own men ; and two 

 others were rescued by their crews, aided by an armed party from 

 Eastport. 



In September, three memorials, signed by citizens of Maine who 

 were aggrieved by the acts of Captain Hoare, were transmitted to the 

 President. These papers, with the accompanying protests and depo- 

 sitions as to the wrongs complained of, formed the subject of a corre- 

 spondence between the Acting Secretary of State and the British 

 charge d'affaires. No results followed. Our countrymen demanded 



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

 + The documents submitted tn the Senate by the President, August, 1853, contain several 

 papers connected with matters in the Bay of Ii^mdy at ttiis period. 



