310 



the inducements held out to the colonial officers by the provisions of 

 the act of 1836, there have been barely fifty-one prizes. In view of 

 this fact, the story of "American aggressions," with which the world 

 has rung for upwards of a generation, becomes a mere fable. 



Of the cases which we have noticed somewhat minutely, there is not 

 one of a flagrant nature. Those of the Reindeer and Ruby are seem- 

 ingly such; but whoever reads the statement of the British officer with 

 care, will hardly find satisfactory proof, even by bis own showing, that 

 the muskets of which he spealss were fired from these very vessels, or 

 that they were concerned in the outrages of which he complains. Cer- 

 tain it is, that the masters and owners, who were known to me, denied 

 the allegations made against them; and that the injustice of the seizure, 

 and the tardy redress to be obtained by an appHcation to our govern- 

 ment — as understood at the time — ^were the causes of the rescue. 



The pretences upon which some of the twenty-eight vessels included 

 in our examination were seized, are disgraceful beyond degree; and 

 that of the number, several were condemned without the shadow of a 

 reason, beyond the poverty of the owners, the iniquitous provisions of 

 the act of 1836, and the enormous expenses which attend litigation, 

 cannot be doubted. 



The American consul at Halifax, addressing the executive of Nova 

 Scotia on the subject, observed to his Excellency, that " a claimant 

 must be in a situation to procure funds to employ lawyers, and to pay 

 heavy court expenses under the vice-admiralty table of fees; which 

 cannot be done in any of these cases, as I am informed by professional 

 men, under an advance of at least thirty or forty pounds currency: 

 adding to this the security of sixty pounds, it is evident that the owner 

 of each vessel so seized must either send on funds or letters of credit to 

 the extent of one hundred pounds, before he can oppose the seizure, or, 

 otherwise, the vessel wiR or may be condemned by default. 



" This sum is, perhaps, as much as any of these small vessels are 

 worth, and the claimant, if able to pay it, must actually place at hazard 

 the one hundred pounds mentioned, in addition to his property seized ; 

 and although, perhaps, quite innocent of any ofience, must depend upon 

 the proverbial uncertainty of Htigation for the recovery of any part of 

 the property or money in such danger." 



In a communication to the owners of the Argus, he says : 



" The expenses in the court are very heavy, and previous to defend- 

 ing a suit, the judge requires security to the amount of three hundred 

 dollars ; so that, generally speaking, it is better to let the suit go by de- 

 fault, and purchase the vessel after condemnation." 



Lieutenant Paine, previous to his cruise in the Grampus, entertained 

 ihe opinion which has often been expressed during the disturbances of 

 the present year, (1852,) that " the vessels seized had been generally 

 guilty of systematic violation of the revenue laws ;" but he confesses 

 that he " was soon led to suspect that this was not the cause, so much 

 as a pretence for seizing." And he states further, that " a vessel once 

 seized must be condemned, unless released as a favor; because the 

 owners wiU not claim her under the present laws of Nova Scotia, where 

 the only seizures have taken place." 



The consular agent of the United States for the port of Yarmouth, 



