seizures in 1824, (and no subsequent seizures occurred during this period), were made under an order issued to the officers of the boats making the seizures "that any American vessels they may find within three marine miles of the shore, except in evident cases of distress or in want of wood or water, they are to detain and send or carry them to St. Andrews." a

It is evident, therefore, that none of the seizures made during this period had any bearing upon the question which afterwards arose as to whether or not, in renouncing the liberty of fishing in bays under the provisions of this treaty, the United States intended to renounce the right of fishing more than three miles from the shore in such bays, which right, as has already been shown, was secured to American fishermen under the first clause of Article III of the treaty of 1783 and had never been questioned by Great Britain.

Seizures in 1821-1824.

It is reported in an official return made in 1852 by the Registrar of the Vice Admiralty Court at Halifax, N. S., that in 1821 six American fishing vessels were seized at Gulliver's Hole, Bay of Fundy, three of which were condemned and three restored. As will be found upon an examination of the map showing this locality, Gulliver's Hole is less than six miles in width throughout its entire extent.c

The attention of the United States Government does not appear to have been called to these seizures and they were not made the subject of diplomatic correspondence between the two governments.

The first seizure which was called to the attention of the Department of State for redress occurred on May 9, 1823, when the American fishing schooner Charles was seized in Shelburne Harbor by the British sloop Argus; and on the facts set forth in the protest filed with the Department of State at that time Mr. Adams, the Secretary of State, promptly wrote, on June 25, 1823, to the British Minister at Washington requesting restitution and indemnity. The circumstances surrounding this seizure, as reported by the master and crew of the American vessel, differed in many respects from those reported by the British officer making the seizure, but they all agreed that the seizure was made for an offense alleged to have occurred within three miles from the shore; and the British report, which alone

a Appendix, pp. 375, 338, 357, 367, 377.
Appendix, p. 1076, 1077.

CU. S. Case Map No. 1.

d Appendix, p. 325.

requires examination in the present connection as showing the British position at that time, sets forth the particulars of the seizure as follows:

The American fishing schooner Charles, William Stover, master, belonging to York, state of Maine, detained by the Argus at Shelburne on Friday, 9th of May, 1823, for a breach of the act of 59 Geo. III, chapter 38, for the protection of the British fisheries, and to enable his Majesty to make regulations respecting the same, according to a convention made between his Majesty and the United States, 20th October, 1818. The said schooner was found at anchor in Shelburne harbor, into which she had not been driven by stress of weather or any other fortuitous circumstance. Information had been received of this schooner having put into that same harbor on the Tuesday previous to the seizure, and anchored below Sandy Point, the weather being fine and moderate at that time, as well as on the day of seizure. She went out on Wednesday and returned again on Thursday, where she was found by the Argus on Friday; and having remained hovering upon the coast instead of proceeding on her fishing voyage, when there was no pretence whatever for her putting into port, she was detained.a

This report was made by the captain of the sloop Argus, which made the seizure, and was communicated to Mr. Adams by Mr. Addington, the British Chargé at Washington, in his note of October 12, 1823, with the following explanatory statement:

By the report of Captain Arabin it appears that the said schooner was found at anchor in Shelburne Harbor, into which she had not been driven by stress of weather. From that harbor she had already sailed once, after having previously anchored there, and had returned a second time, before she was captured by the Argus, the weather being fine and moderate the whole time.

It was disclosed in the reports of this case that while the schooner Charles was in possession of the British and before she had been condemned by judicial proceedings she was used for capturing an American vessel, the Dolphin. The particulars of this seizure are not reported, as the vessel was released on account of the illegality of the use of the Charles for that purpose.

In June and July, 1824, seven American fishing vessels were seized under orders issued by the commander of the British war vessel Dotterell, charged with fishing or being at anchor without justification within three miles of the shores of the Island of Grand Menan. These seizures were promptly reported to the Department of State, and on September 8, 1824, Mr. Brent, the Assistant Secretary of State, wrote to Mr. Addington, calling them to his attention and

requesting indemnity and the prevention of similar interruptions in the future. In the ensuing correspondence full statements, which had been procured on each side, showing the circumstances of the seizures, were exchanged. It will be found that here, as in the earlier cases, the British and American statements differed widely as to the justification for the seizures, but it is unnecessary to examine these differences. In the present connection the grounds assigned by Great Britain for such seizures are alone of importance as showing the acquiesence of Great Britain in the right claimed by American fishermen of fishing in the Bay of Fundy, beyond three miles from the shore. It will be remembered that the orders of the commander of the Dotterell, which have already been quoted and under which all these seizures were made, authorized seizures only within three miles of the shore, and it will be found that in each case Great Britain produced carefully prepared evidence to show that the alleged offenses for which the seizures were made occurred within three miles of the shore.d

The circumstances surrounding these seizures, as set forth in the evidence presented on the part of Great Britain, may be briefly summarized as follows:

The Hero and the Pilgrim were seized on June 16, 1824, within three miles of the shore, for fishing within one or two miles of the shore. On behalf of the vessels it was alleged that they were more than three miles from the shore, which was denied by the British officers making the seizures.

The Rebecca was seized on July 6, 1824, in Gull Cove, Grand Menan, charged with being within three miles of the shore without justification. On behalf of the vessel it was alleged that she had gone in to procure wood of which she was in need, which was denied. by the British officers making the seizure.f

The William and the Galeon were seized on July 15, 1824, the former at anchor in Gull Cove, Grand Menan, and the latter at anchor in Beale's Passage, Grand Menan, both charged with being within three miles of the shore without justification: On behalf of both vessels it was alleged that they had gone in for the purpose of procuring a Appendix, p. 334.

Appendix, pp. 348-353, 373-406. cAppendix, pp. 334-348, 353-373. Appendix, pp. 380-406.

e Appendix, pp. 339, 341, 352, 362, 370, 379, 392-397.

ƒ Appendix, pp. 339, 358, 372, 377, 380-385.

wood and water of which they were in need, but this was denied by the British officers making the seisure."

The Reindeer and the Ruby were seized on July 6, 1824, at anchor in Two Island Harbor, Grand Menan, charged with being within three miles of the shore without justification. On behalf of these vessels it was alleged that they had gone in for the purpose of procuring wood and water of which they were in need, which was denied by the British officers making the seizures."

While the Reindeer and the Ruby were on their way to St. Andrews N. S., in charge of a prize crew they were boarded and rescued by two American fishing vessels, the Diligence and the Madison, which had put out from Eastport, Maine, for that purpose. According to the British accounts of this incident, the rescuing party numbered about one hundred men with muskets and fixed bayonets, headed by Mr. Howard, a captain of the United States militia, and it was asserted that as the vessels approached shots were fired at the British crews in charge of the seized vessels. According to the American account, on the other hand, the rescuing party numbered about twenty-five in all, twelve on board the Diligence and ten men and two or three boys on the Madison, and not a shot was fired until after the boats were retaken, when the American colors were hoisted and saluted by a discharge of muskets. It appears that Mr. Howard, who is referred to as the leader in the British reports, was a boy of seventeen or eighteen who had never been a captain in the militia but had trained a company of boys at Eastport with wooden guns and swords. It is further stated in the American reports that the British officer in charge of the prize crew went on board the Madison after the rescue and drank the health of the rescuing party, saying that "we were good fellows for having retaken them; he took them according to his orders but without any provocation and was glad we had got them.” e The Pilgrim, which, as above noted, was seized on June 16th, escaped on the same day by sailing off with the prize crew, but was afterwards retaken by the Dotterell on August 29th, and on the same day the Madison, which had taken part in the rescue of the Ruby and the Reindeer, was seized by the Dotterell on that ground. Both of these seizures

a Appendix, pp. 339, 342-344, 348, 356-359, 377, 385–392.

b Appendix, pp. 336, 339, 350, 354, 366, 378, 397–406.

c Appendix, pp. 349, 350, 398, 401.

d Appendix, pp. 354, 355, 367-371.

occurred in the Bay of Fundy outside of the three miles limit from shore, but it is obvious that in the circumstances these seizures have no bearing upon the question of the rights of American fishermen to fish in the waters where the seizures were made."

Three other seizures were made by the Dotterell during that season: The Seaflower was seized on September 29th at anchor in Kent's Island Harbor, Grand Menan, charged with being within three miles of the shore without justification. It was asserted on behalf of the vessel that she had gone in there for the purpose of shelter and repairs of which she was in need, but this was denied by the British officers making the seizure."

The Rover and the Escape were seized in the latter part of October, charged with fishing within three miles of the shore of Grand Menan. The distance of these vessels from the shore at the time of the seizure seems to have been a matter of dispute, the Americans claiming that they were more than three miles from the shore, but in any event the seizures were made under the orders above referred to, which authorized seizures only within three miles from the shore.c

These later seizures were not made the subject of diplomatic correspondence, for meanwhile Mr. Addington had written to Mr. Adams, on October 5, 1824, demanding reparation "for the act of violence perpetrated on persons bearing His Majesty's commissions" during the rescue of the Reindeer and the Ruby. He wrote: "whether the vessels were legally detained or not, such an act of violence will bear no justification. If individuals are permitted to expound the stipulations and treaties for themselves, with arms in their hands, the preservation of harmony and good understanding between nations can no longer be hoped for." No response was made to this note, and the correspondence on this subject was not carried further.

No further seizures appear to have been made until the year 1838, when different conditions prevailed which require separate consideration.

a Appendix, pp. 350, 351, 362, 369–371. Appendix, p. 360.

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c Appendix, pp. 361, 377.

d Appendix, p. 349.