IU5 ' 366 4^ 002 875 HoUinger Corp. pH8.5 18tli CONGRESS, 2(1 Sessiotv. [93] r^A v\V 1^ M1^§^A(^11 FBOM THE PRESIDENT OF THE UNITED STATES, TRANSMITTING eo|ift!$ Of at QLnxxmt^nx(ntntt^ Set. UPON THE SUBJECT OF The Capture and Detention^ by British Armed VesselSj OF AMERICAN FISHERMEN, DURING THE lAST SEASON. Fi^i^r-'JARY 18, 1825. Read, and ^I«p. ,3d^<^ ^ -e Committee of Foreign Relations. WASHINGTON: rBXSTED Br OltES y SEATOSi 1§25. [93 1 Department of State, Washington, Feb. 16, 1825. The Secretary of State, to whom has been referred a resolution of the House of Representatives, of the 1st instant, requesting the President of the United States to cause to be laid before it such information as might be in his possession, and which, in his opinion, it would be proper to com- municate, touching the capture and detention of American Fishermen, the last season, in the Bay of Fundy, and what progress has been made in obtaining redress; has the honor, respectfully, to submit to the Presi- dent, copies of the letters and documents in this Office, which contain the information called for by the resolution referred to. JOHN QUINCY ADAMS. [93] LIST OF PAPERS. Mr. Brent to Mr. Addington, September 8, 1824. ENCLOSURES. Memorial of Aaron Hayden and others, July 27, 1824. Affidavit of Robert Small do. of Elisha Small do. of Elias Picket do. Memorial of Hayden, Kilby, and others, August 16, 1824. of J. G. Faxon do. Protest of Harding, Clark, and others, July 22, 1824. Affidavit of Charles Tabbuts 23, Protest of Hubbard, Hantz, and others, 24, of James Woodward, sen. and others, August 7, 1824. Mr. Brent to Mr. Addington, September 21, 1824. ENCLOSURES. Messrs. Wass and Nash to Mr. Adams, September 6, 1824. S. Eoiery for Wilmot Wass, to same do. Protest of Charles Talbut, and others, September 23, 1824. Mr. Brent to Mr. Shepley, October 8, 1824. Mr. Addington to Mr. Adams 5. ENCLOSURES. R. A. Lake to Mr. Addington, September 9, 1824. Captain Hoare to R. A. Lake, August 26, do. Same to same, September 2, 1824. Same to same, do. Mr Shepley to Mr. Adams, November 6, 1824. ENCLOSURES. Affidavit of Robert Small, November 5, 1824. of Paul Johnson do. of Hebbert, Hunt, and others, 5th and 6th November, 1824. of J'tnes Wass, and John Wright, November 1, 1824. of Charles Tabbut and Josiah W. Perry 2, of Ciiristopher Wass and Jones Wass 1, of Joel M'Kinsey 3, of Otis Bryant and Moses Smith 3, of Jacob Winslow 5, of Wm. Howard, Benj. Newman, and Thos, Brown, 6, 8 C^^3 Affidavit of Elisha Small and Benjamin Small November 6. 1824. of B.W.Coggins and Henry Coggins. o, of Harding Clark, „ ^ ^ „ l' of Wm. Rumery and Robert Rumney ,„^^ '^^ Copy. 93] 9 Mr, Brent to Mr. Mdingion, dated September Sth, 1824. Sir: I have the honor to transmit to you three memorials from siui= dry citizens of the United States, belonging to the state of Maine, ac- companied by seven protests and affidavits, which exhibit the nature and extent of the facts referred to by the memorialists, complaining of the inteiTuption which they have experienced during the present sea- son, in their accustomed and lawful employment, of taking and curing fish in the Bay of Fundy, and upon the Grand Banks, by the British armed brig Dortterel, commanded by Captain Hoar, and another ves- sel, a provincial cuttej* of New Brunswick, acting under the orders of that officer; and earnestly soliciting the interposition of this Gov- ernment, to procure for them suitable redress. With this view, I w^as charged by the Secretary, before his late departure from this city, to communicate to you the above papers, and to request your good offices towards obtaining for the suJBTercrsthe indemnity to which they appear to be so well entitled, not only from the peculiar nature and extent of the injuries and losses of which they complain, proved and illustrated as they are, by the series of protests and depositions accompanying their memorials, but from the serious violation of the rights and liberties of the citizens of the United States which they in- volve, in the use of the same fisheries; and I have the honor, accord- ingly, to request that you will have the goodness to make such repre- sentations to the commanding officer of the naval forces of your Go- vernment on that station, or to the Colonial Government of New Bruns- wick, as may be available, not only for the relief of the memorialists, but for the prevention of similar interruption, in futures I have the honor to be, with distinguished consideration, sir. Your obedient and very humble servant, DANIEL BRENT. ENCLOSURES. Memorial of Aaron Hayden, Kilby, and others, 27th of July, 1824, Do. of J. G. Faxon. Do. of Aaron Hayden, JohnBurgin, and others. 10 [ 1>6 ] To the Hon. John Quincy Adams, Secretary of State for the United States. The memorial of the inidersigncd, merchants iuid ship ovvnci's, resid- i!\^ at Eastport, in the connty of Washington ami state of Maine, Respectfully represents: Tiiat yonr memorialists, (Iwi'ing the present year, have invested a larger amount of property in vessels than they have heretofore done, for the pui'pose of cari"}ing on the hiisiness ol lisliing; that the indus- try and cnterpi'ise of our seamen have heen unusually directed to the emjdoyment of taking and curing fish, under the encouriiging and be- neficial laws of tljeir country; and Ihat, without intcrriijition from a foreign power, their labors would have been crowned with success, and tiiey would have enjoyed the fruits of their toil. But yotir memorialists have to regret the necessity ^^hicll compels them to state to the Hon. Secretary tlieir grievances, and requires of them to seek redress, through him, for the many acts of violence and injustice which have been committed by his Biitanic Majesty's brig Dotterel, commanded by Capt. Hoar, in total disregard, and in vio- lation, of the subsisting treaty between the two governments. Your memorialists, premising that the American fishermen in the Bay of Fundy, for tliese two or three years Isist past, have been interrupted and taken by British armed vessels, w bile fishing agrcably to the pro- visions of the treaty, beg leave respectfully to state, that, during the present year, the Britisi) armed brig Dotterel has captured nine sail of fishing vessels, and sent some of them into the province of New- Brunswick for adjudication, while othei'S have been converted into tenders, Avithout ti-ial, for the purpose of better molesting our fisher- men. They have insulted and abused the crews, turned them on shore in a foreign country, entirely destitute, and without the means of returning to their homes, and have said, repeatedly, tliat they would take American fishermen wherever they were to be found, and without regard to the treaty. That the bi-ig's barge has come into the wharf at Eastport, and taken and carried aw ay two boats laden with floui*. That the American fishermen have beeji so molested on the fishing ground in the Bay of Fundy, common to both countries, that thej dare not again attcm])t to avail themselves of the rights and privileges secured to them by treaty, and ANhich are well defined and well un- derstood by every fishei-man: and, inasmuch as they are debarred the ])rivilege of making a harbor, for the purposes of slielter, and pur- chase wood, arjd procure w ater, it oj)erates as a deprivation of a great and im})ortant benefit, which they feel that they have a right to enjoy without interruption. That, unless something be done for the protection of our fishermen, your memorialists believe that many vessels of this and the neighbor- ing states will be captured or thrown out of employ, with great itijury to private interest, and not witliout an infringement of public rights. Referring the Hon. Secretary, therefore, to tiie annexed affidavits of the masters of three of the captured vessels, and holding ourselves [93] ii iNesponsible for tl»e truth of the above allegations, your mcmoi-iiilists respectfully refjsiest that soinc prompt an;! eilicient measures jnay be adopted by oiii' Government, to protect us in our riglits and pursuits, and that our fishei-men may not be molested, nor Oiir siiores invaded ■^ith impunity by the sid))cctsof any tbs*ei<^n ])ov<'er; Aiii'oi! nayde% Joini Davis, John llurgin, BuckuiUA & Goiniisonj. Samuel Wheeler^ Daniel Kilty, Geor-ge Ilobbs, Guauiel biarns^ .iillijah D. Green^ O. S. Livermoi-e, Joseph C Noyes, Edward Baker, N. F. Deerii!'?:, G. Lam})re7, II. T. Enicry, Bcnjainin B. Leavitt;,. Jjorenzo Sabing,. James M. Lincoln, Joaalhan Buck, Jt/.iU T. Jones, Ezekiel Prince, Nathan Buclinain,. Isanr Ilobbs, Thomas Grern. •TojiT Wchstc?*,. iienj'unln Diickisam, Edward Ilsley,, John Shaw, John Norton, Caleb Cliacc, Charles Brooks,, W, Eustis, Jeri'y B'.niain, William M. Brooks.. Abel Stephens^ M}J 2r, 1324. Easti'okt, July 2,7 ill, \SM\ I, Rohert Small, master of the schooner Rein:]eer. of Lubec, do testify, declare, and say. that I sailed from Lubec, in tlie state of Maine, in the above schooner, on the 22d day of July. 1 824, on a fish- ing voyage in the Bay of P'undy. On Sunday the 25tli July, finding our water very bad, went into a harbor in an uninhabited place cal led "Two Isiamls," near Grand Menan, for tiie puipose of procuring afresh supply of wood and water. That we picked up about one cord of drift woad from off the beach of said Island, and filled two barrels of water frons, a spring or hrof)k on said island. And on Monday moi'iiing following, about 4 o'clock, got under weigli and towed out of the harbor — it being calm; am! vvlien from one to two miles from the shore, we weie boarded by a barge from the British man of war brig Dotterel, containing nine men, with arms, <^.c. com- manded by an oJliccr from said brig, of the name of Jones, who took possession of my vessel and papers, and brought her to anchor; me- nacing myself and crew with violence; tlireatening our lives, he. They then took out all our crew, witli tlie exception of myself, j)ut them on board the schooner Friend, Goggins of Lubec, whicl» ves-^el they also captured, and made a cartel of, as tliey termed it; manned my vessel, and ordered her for St. Andrew's, New Brunswick. While on our voyage, we had caught r.o fisii within from six to 12 r93 3 eighteen miles from shore. We had no goods or merchandise on board, nor did we go into a harbor far any other purpose than to procure wood and water. ROBERT SMALL. State of Maine, ") Washington. J Then personally appeared, the said Robert Small, and made so- lemn oath, that the foregoing statement, by him subscribed, was true, before me, FREDERICK HOBBS, Justice of the Peace, Eastpoet, July 27, 1824. I, Elisha Small, of Lubeck, Maine, on oath declare and say, that^ on the seventh of July inst. 1 left Lubeck as master of the schooner Ruby, on a fishing voyage in the Bay of Fundy, and on the 25th July, beitig nearly destitute of wood and water, we made for the outer islands Jyi'ig near Grand Mcnan, and finding the sea so heavy that we could not land, we went into the harbor of the "Two Islands," so called, to get a supply. We got in there between three and four o'clock, p. M.; when I sent my boat and seven hands to fill water, and get wood We got one boat load of drift wood, and filled four barrels of water, when day-light shut in. and we had not time to get more. The wind died away calm, and we could not get out of the harbor again that night. The next morning we got under weigh with a very light wind, and got out of the harbor, and it died away calm again. We were tlien boarded by a barge belonging to the British armed brig Dotterel, commanded by an officer of said brig by the name of Jones, and having on board nine men, armed with guns, cutlasses, dirks, and pistols. Jones demanded my papers, which I delivered uj), and ordered my crew forward — told his men to go down and search the vessel: they found nothing but fish, and salt, and fish- ing gear. He then told my crew to take their dunnage, ordered them on board the fishing schooner Diligent, which had previously been taken, and sent Caj)tain Ficket, of the Diligent, to Lubeck with the men. We had no merchandise on board the said schooner Ruby; bad not caught a fish, or attempted to catch one, within five miles from the shore, nor had we been into any harbor, until the one above named. ELISHA SMALL. State of Maine, "> '' Washington, J Then personally appeared the said Elisha Small, and made oath that the foregoing statement, by him subscribed, was true. Before me, FREDERICK HOBBS, Justice of the Peace, [93] la Eastpoet, July 27ih, 1 824. I, Elias Picket, master of the schooner Diligent, of Harrington' Maine, do testify, declare, and say: That, on tiie sixteenth of July, eighteen hundred and twenty-four, I left Eastport, Maine, in tiie above schooner, for a fishing voyage, in the Bay of Fundyj that, on Sunday, the twenty-fifth of July, being nearly destitute of water, we repaired to a place called "Two Islands," lying to the southward of Grand Menan, about three fourths of a mile, and on which there are no inhabitants, and procured two barrels of water from a spring or brook on said island. On Monday morning, got under weigh, and the wind being light, towed out of the harbor; and when about one and a half miles from the shore, while attempting to get on the fish- ing ground, (which is six to nine miles from any shore) we were board- ed by a barge from the British man of war brig Dotterel, command- ed by a sailing master, whose name was Jones, and havinjc on board nine men — taken possession of, and ordered to receive on board the crew of the schooner Ruby, of Lubeck, which vessel they had previ- ously captured, and to sail immediately to Lubeck, as a cartel there- by interrupting us in our lawful em])loyment, and destroying our fishery. I further declare, that we had no goods or merchatidise on board our schooner; that we did not go into a harbor for any other purpose than to obtain a supply of water. We were not fishing where we were captured, nor had we attempt- ed to catch fish within more than six miles from the shore, while on our voyage. I further declare, that we were badly used by the barge's officers — threatening to shoot us, &c. &;c. And they said their orders were to capture all Americans they met with, right or wrong that there was no treaty — and that Americans should not fish in Bri- tish waters. ELIAS FICKET. State of Maine, \ WashingtoHf ss. j Then personally appeared the said Elias Picket, and made solemn oath, that the foregoing statement by him subscribed, was true, before me, FREDERICK HOBBS. Justice of the Peace, To the Hon. John Q. Adams, Secretary of State: The undersigned, inhabitants of the county of Washington, in the state of Maine, interested in the fisheries in the Bay of Fundy, beg leave to represent: That, although till the present year, the privileges reserved and confirmed to American fishermen by the convention of ISiS, have 14 [ 93 ] heen enjoyed vvitlj but few interruptions, thej are now, in a g^reat measure, rut offaiul jjrostrated. by the piratical conduct of the com- mander of liis Britanic Majesty's bii,e; Dotterel, and the ollicers under his command, aided by the provincial Cutter attached to tiie port of St. Andrew's. That the officer havina; the charj^e of the armed boats ordered ta cruise round Gi'and Menan and Campo Belh), )jas written instruc- tions, which have been exhibited to our citizens, from the commander of the Dotterel, to seize, and serid into St. Andrew's, all American fisln rmcn found witliin three marine miles of said Islands. That^ under these orders, thatotJicer, witliout any pretence other tlian such instructions, has seized the following vessels; Schooner Pilgrim, of Lubec, Woodward, master; ** Hero, of Denneysville. Claik, •' ** Rebecca, of Addison, Wass, •* ** Galeon, of Lubec, Hunt, *' *' ^Villiam, of Addison, Tabbuts, " « Ruby, of Lnbec, E. Small, « ** Rein Deer, of Lubec, R. Small, '* The Pilgrim and the Hero Mere captured wliile under sail, stand- ing for Lubec in distress, and more than three miles from said Gram! Menan. And, although this capture took place on the sixteenth day of June last, said sciiooner Hero has not been sent in for trial, but lias been armed, and is still used as a tender to said Brig Dotterel, the more easily to decoy other fishit)g vessels. The Rebecca went into Grand Menan in distress for wood atid water, and, having obtained a supply, was preparing to return to the fishing ground, when she was taken. The Galeon, with seventy quintals of fish on board, went in for the same purpose, and, within a few minutes after she had accom. plished her object, it being quite late in the evening, and the fog ex- tremely dense, slic was taken, and sent to St. Andrew's. TheWil liam, with one hundred and twenty quintals of fish on boaid, left the fish- ing ground in distress for want of water, an«l had come to anchor near the shoie of Grand Menan: her sails were not handed, nor was her boat launched fiom the deck to go on shore, when she was seized and taken to St. Andrew's. The Ruby and Reindeer went in to Two Island hai bor for wood and water, near Grand Menan, and were im- mediately seized. We beg leave here to observe, tiiat American fishei-men have no occasion nor inducement to violate the j)rovisions of the aforesaid Convention^ nor have they, as we firmly believe, in any instanccy given just cause for complaint. The protest of the master and crew of the Galeon, has already been forwarded you. Those of the Hero and Pilgrim will accompany tliis memorial, and will, we trust, establish the facts relative to the wan- ton detention of those vessels, as well as shew the indignities cast upon the American flag, and the insults offeied the ci;izeiisof the Unit- ed States by the British officers of the Dotterel and Provincial Cutter. [93 3 15 To claim these vessels in tiie Vice Admiralty courts in New Brunswirk, would be worse ihan a total loss: for, besides, the fact that the claimant must 4^ive bonds to the amount of jL60, currency of New Bi-unswick, to |>ay costs of libel, whether condemnation takes place or not, his vessel, should lie prevail in a claim, (proverbially hopeless) will come to his hands in a disniantlcd and ruinous state. No caie is taken of American vessels seized for a pietendcd viobtion of Brilish revenue laws: for, as tliey can never sail under British pa- ])ers, hut must he broken up or taken from t!ie country, the seizing otSicer has no inducement to keej) then) in good repjiir. with the ex- ]>cctiiiiuu oi" being- remuiieratrd iur particular attention by a moi-e ad- Mjitag.'ous sale. Certificate of reasoiialWe cause of seizure, to pre- vfMit a suit for damages, is never refused by t!>e Vice Admiralty .lodge of New Brunswick, to a Biitish naval odicer, when the pi-o- «»er appliratioii is made. To appeal, theiefoie, to the Provincial ey ;ire left v. ithout redress, unless their own Government in- terpose. To thai; G')vrrnmct^t tliey appeal; and they do it witli full confidence that their complaints will be heard, and their wrongs re- dressed. Jugtist 16, 1824. Sol. Thayer llaydcn and Killcy John Norton cV Co. John A. Baskum Benj. Bucknam Ethel Olmstead John Webster A. Bariiard Oliver & James Glover Daniel Youisg Daniel E*ease William H. Tyler Joseph Wliituev \. P. Mills Joshua Gibbs Samuel Miais J. Boynton George & Isaac Ilobbs Samuel Whee^er Green & Shaw W. E'ustis Darius Pearn Buck & Tinkham Benj. B. Lea well James M. Lincoln Bucknan & Gunnisan John G. Faxon Joseph Sumner Davenport Tucker Jeremiah Fowler Moses Fuller F. A. & O. Burrall Calvin Gibbs Darms ik. Noyes V» illiam M. Brookr? Samuel B. Wadsworth T. Pilsbury John Faxon William Wass William Nash Jery Bevan Lewis Putnam. 16 [93] To the Honorable John ^. Jldams^ Secretary oj State to the United States. The memorial of Jolin Givrdiiiei' Faxon, merclumt, of Lubeck, in the state of Maine, humbly sheweth: That the said John G. Faxon is sole owner of the schooner called the Galeon, of said Lubeck. That said schooner being on a fishing voyage, in the Bay of Fiindy, was seized and detained by part of the oOicers and crew of the British armed brig Dotterl, and is still de- tained, in the British port of Saint Andrew's, by the authority of the commander of said brig, under the circumstances set forth in the pro- test annexed; Avhich seizure and detention is to the great damage of the said John G. Faxon; wlierefore, your memorialist humbly prays, that the honorable Secretary will cause such proceedings relative to the premises as he may think proper, to relieve the said owner and crew of the said schoonei' Galeon; and your memorialist will ever pray, &c. AtkI your memorialist fiirtlier states, that the just value of the schooner Galeon, witii her cargo and equipments, at the time of her capture and detention as afoiesaid, was fifteen hundred dollars. JOHN G. Fx\XON, United States of Amekica, , State of Maine, Washington } Be it known to all to whom these presents may come: That, on this twenty-second day of July, in the year of our Lord one thousand eight hundred and twenty-four, before me, Solomon Thayer, Notary Pid)lic, by legal authority duly commissioned and sworn, and dwel- ling at Lubec, county and state aforesaid, personally appeared, Har- ding Chirk, master of the pink sterned schooner Hero, of Dennys- Tille, Ephraim Clark and William H. N. Brown, fishermen on board said schooner, who, being severally sworn, do depose, declare, and say: That, on the eleventh day of June, now last past, they sailed from Uennysville in said schooner Hero, fitted for a fishing cruize of six weeks, and ai'rived on Monday morning, being the fourteenth day of said June, on the fishing ground called the Grand Menan Banks, from nine to twelve marine miles from land, and commenced fishing. That they cssntiniied to fish till Wednesday the sixteenth day of said month, when the schooner struck adrift. It was then about nine o'clock, A. M. Got under weigh immediately, and attempted to re- gain the fishing ground, but could not effect it by reason of a strong tide. Kept beating to windward towards the fishing ground, and the tide slacking, got within about half a mile of it, and from six to nine miles from any land, when an armed boat, said to belong to the British armed brig Dotterel, fired two muskets, loaded with balls, [93] 17 across said schooner Hero. She was rounded to, and an officer came on hoard and took lorcible possession of the vessel and her papers. The declarants further depose and say, that they were kept some- times on hoard said schooner, sometimes on hoard the Dotterel, or some of her boats, from that time till tlie twenty-ninth day of said June; and were allowed for a part of this time oidy one meal per day. That they wei*e every night in harbor and near home; hut though they earnestly solicited to be set on shore, it was not granted them, hut were forced by threats and menaces that they w^ould he cut in pieces in case of refusal to do the same duty as the common British sailors. They were at last landed at St. John, a distance of eighty miles from Dennysville, and even subjected to great expense and dis- ti'ess in getting home. The declarants further say, that said schooner Hero has been manned and armed, and is still njiidc use of as a tender for said brig Dotterel, and has never been libelled or sent in for trial. And the said Hardnig Clark for himself saith, that when he w as set on shore at St. John, his pocket-book and private papers were taken fi-om him and detained. Wiicrefore they do protest, and I, the said Notary, in their behalf, do solemnly protest against the winds, seas, tides, armed boats, pi- rates, the wanton and flagrant abuse of power, and whatsoever else that caused the seizure and detention of said schooner Hero, and for all damages, costs, and expenses suslained, and to be sustained, by reason of such illegal and wanton detention of said schooner as afore- said; and I, the said Notary, do aver that the same was caused, not by a breach of the reveiuie law s of Great Britain and the United States respecting the fisheries, done, made, or committed, by said schooner Hero; but was wholly without any fault on the part of said schooner, or any person thereof, but an act of piracy committed on the^iigij seas without a pretence of authority. In faith whereof, I, the said Notary, have hereunto set ray hand and affixed my seal of office, the day and year first above written. SOLOMON THAYER, J^otary Public. HAPvDING CLARK. WILLIAM H. N. BROWN. EFHRAIM CLARK. UNITED STATES, State of MxIIne, Washins^ton, ^']ss. To all whom it may or doth concern, know ye, that, on the twenty third day of July, in the year of our Lord eighteen hundred and twenty four, before me, Solomon Thayer, Notary Public, by legal authority, duly appointed, commissioned and sworn, and dwelling in 18 [93] Lubec, state and county aforesaid, personally appeared Charles Tiibbiit, master of t!ie fishing; schooner William, of Addison, and noted his [)rotest; and now, on the tsventy third day of August, Anno Domini eighteen hundred and twenty four, he again appears to extend the same, and with him, also, appear Thomas Wright Benjamin lleyrioids, and Josiah W. Peiry, fisliermen belonging to said sciioonei* William, who being severally snotn, do declare and say: 'I'hat, on the first day of July, now last past, they sailed in said schooner William, on a fishing cruize in the bay of Fimdj', and an- chored between what is called Mur-giound and the Grand ^'ienan Banks, a distance from nine to fifteen miles from land: that they con- tinned there at anchor, an treated himself. Jones then said "it was damned well for him he had done so, for otherwise he should have coiifitied liim to the deck, and cut him into ounce pieces." To this the master of the Wiiliam replied he shouhl not give himself any uneasiness on that account. Jones, with an oath, replied to this, "dam you I will confine you to the deck, and lash a pump brake across your mouth." The declarants further say. that, on the next day, the William was got under weigh, and taken to St- Andrews and stripped; that slio had over one hundred and twenty quintals of fish on board when she was captured. Wherefore they do protest, and I, the said Notary, in their behalf, do solemnly protest against said Jones, and the arm- ed men under his comman-^ against pirates and |)iratical seizures and detentions of American fishermen, and whatsoever else caused the forcible detention of said schooner William, and toi- all expenses, costs, chai'ges, and damages paid or sustained, or to be paid or sus- tained by reason of said detention. And 1, the said Notary, do so- lemnly aver and declare, tliatsaid detention was not by reason ^»f any breach of the revenue laws of Gnat Britain, or of tiie province of New Brunivvick, done or committ d by said sciiooner William or any one on boai d thereof but an unauthorized, a wanton, a piratical act of the said Jones and his abettors. CHARLES TAB BUT, BENJAMIN REYNOLDS, JO SI AH W. PEilllY, THOxMAS WRIGHT. In faith whereof, I have hereunto affixed my seal of office, this twenty-third day of August, Anno Domini eighteen hundred and twenty-four. United States of America. State of Maine, 1 Washington, J Be it known to all to whoni these presents may come, that, on this twenty-fourth day of July, in the year of our Lord one thousand eight hundred and twenty-four, before me, Solomon Thayer, Notary Public, by legal authority duly commissioned and sworn, a»id resid- ing at Lubec, state and county aforesaid, personally appeared Hub- bard Hunt, junior, mate of the schooner Galeon, of Lubec, Nehetniah Small, Daniel Jay, jun. John Hunt, and Edwin Hunt, sharesmen, belonging to said schooner, who, being severally sworn, do depose and say, that, on the first day of July, now current, they sailed in the said schooner from Lubec on a fishing cruize to the Grand Menati Banks. On their way thither, and while doublitig round the south- erly end of Grand Menan, distant about six miles, with their color-s at mast-head, they were fired into by the St. Andrews' Cutter, McMaster commander, and ordered to come under said Cutter's lee. 20 C 93 ] Mr. Baxter, an officer of said Cutter, came on board and demanded l>er papers, sent his men into the hold to search her, and went !iim- self for the same purpose into the cabin. After detaining the Ga'eon about half an hour, she was permitted to proceed. Arrived on the banks the same day, and commenced fishingj on the fifteenth day of said month- having only five gallons of water on board, and no wood, run in for Grand Menan to get a supply. Ariived at Bcal*s passage about half past seven P. M. fog quite thick; went on shore and got two barrels of water, and a boat load of wood, by permission of CliarlcK Elumorten the owner; it was then about nine o'clock of the same evening. Having got supper, and intending to get under weigh, as soon as the land marks could be discerned, to return to the banks, they were boarded by an armed boat belonging to the English brig Dot- terell, and their* j)apers demandefl and takcir. The \essel was im- mediately got under''weigh by order* of Mr*. Jones, the commander of the armed boat, and run into Gull Cove. The next day the Galeon was taken to St. Arrdrews, stripped, and made fast in the King's dock. The declarants fur-ther depose and say, that, from the time they left Lubec on the first day of said July, until they run irr in distress, for want of wood and water, on the evening of the fifteenth of said month, they had never beeir within three marine miles of Grand Menhn, nor caught, or atten>pted to catch, any fish within fr'om ten to twenty miles thereof. That, after they were taken, the officer, Mr. Jones, positively pr*omised them that he would release the Galeon as soon as she ar'rived at St. Andrews; and it was their reliance on his promise, and the belief he could not be so wanton as to add insult to injur*y, but that he would r'edeem his word, that they have not pro- tcsted before. She is still retained. V/herefor'e, they now protest, and I, the said Notar'y, in their behalf, do solemnly protest against the flagrant abuse of law", (and the right granted to American fisher- men by treaty,) by armed boats under the British fiag, without a pr*e- tence of authority: against pirates, the winds, seas, and whatsoever else may have been the cause of the capture and detention of the Ga- leon; and 1 do aver, that the captur'e, and detention, was not by rea- son of a violation of any revenue law^ of Great Britain, or an infrac- tion of any privileges granted by the convention, done, or committed by said Galeon, or any of her crew, but was done without a pretence of right, and substantially an act of piracy. HUBBARD HUNT, Jun. NEHEMIAH SMALL, DANIEL TAYLOR, Jurr. JOHN HUNT, EDWIN HUNT. In faith whcr-eof I, the said Notary, have hereunto set my hand and seal of office, the day and year first above written. SOLOMON THAYER, J^'otary Public. [93] . 21 United States o*" Amekica. State of Maine, ") .. 1 Washington. ^ ' To all to whom tins public instrument of j)rotest may come, be it known, that, on the twenty second I'ay of June, now last j)ast, befote me, Solomon Tiiayer, Notary Fublic, by legal authority duly com- missioned and sworn, and dwclJiiig at Lubec county, and state afore- said, personally appcai-cd, James Woodward, master of the fisliing schooner Pilgrim, of Lubec, aiid noteing voyage to the Grand Menan Bank, so caihd; but owing to thick weather and head winds, did not get on the fisliing ground till Monday the fourteenth day of said Juije. They then came to anchor (the wind blowing quite fresh and a high sea) twelve miles from any land. At four P. M. of the same day, they found the vessel drifting, hauled in the cable, and found the anchor broke close to the stock. Made sail and got on to another part of tlie fishing ground, nine miles from land, and then con- tinued to fish till Wednesday the sixteenth day of said June, but finding their only remaining anchor too light to hold the vessel in so strong a current, ,\yeighed it and stood for Lubec to obtain a now one. The same day at about three P. M. were fired upon and brought to by au armed boat belongingfto the EnglisJj armed biig Dotterel, "who took their j»apers, and ordeied Jacob Winslow and Benjamin Scott, fisljermen, on boaj'd the tender, putting one seaman and one marine on hoard the Pilgrim. This was done while the Pilgrim was under weigh, and from four to six miles from land. The seamen in the Pilgrim were ordered to follow the tender, which then stecicd east, and still further from land, and took forcible possession of the American schooner Hero, Harding Clark, master, also under sail and standing for Lubec. Both vessels were then taken into Flagg's Cove, Grand Menan, and anchored. On Thursday the seventeenth of said June, asked permission to be set on shore, but were denied. On the 18th, got under weigh, and stood for the WoHIslands; at 6 P. M. both vessels were ordered to heave to, and the Piigiim's boat to be sent on board the tender. The otlicer then compelled one of these declarants, James Woodward, jr. only seventeen years of age, to row the boat alone cross-handed, a distance of not less than four miles, to board vessels lying at the easterly part of the Wolf Island, and then to row back again to the tender. On the officer's return to the tender, he ordered the Pilgrim to stand in for the Eastern Wolf Island; and these declarants were compelled to row her (it being then a dead calm) for four miles to gain said place, where she was anchor- ed for the night. On the 19thi at 8 A. M. got under weigh and stood 22 [ 93 ] to Beaver Harbor, and came to anchor; were then forced to unbend the sails of tlie Pilgrim ami stow them below. On the 20th, at 8 A. M. were ordered to bend the sails and ^et under weigh:, which was done; and after beating with the wind SSE. and a flood tide for three hours, were ordered back to Beaver Harbor. On the 21st at 6 X, M. were ordered to get under weigh — beat all day against a strong head wind, and at night anchored in Mason's Bay. At one o'clock the next morning, these declai-ants, knowing that the Pilgrim had violated no law, nor any treaty or convention be- tween the United States and Great Britain, and that tliey were de- tained without the pretence of authority on the part of the othcer of the armed boat, got saidPilgiim under weigh without orders, and stood for Lubec, where they arrived on the said twenty-second day of June, with the loss of boat, papers, a fowling piece, a pistol, and a great quantity of powder and shot, which were plundered from them by said armed boat^ Wherefore, they do ])rotest, and I, the said Notary, in their be- half, do solemnl;y protest against said armed boat and the officer and men on board thei-eof — against pirates and unlawful captui'es Vass, I have to retjuest that such measures may be adopted as will lead to redress of the loss and injury sustained by him. STSniEN EMERY for WiLMOT WASS. To tlic Hon. John Q. Atjams, Secretary nf the Department of State, Charles Tabbuts, master of the schooner William, of Addison, on oath, deposeth and saith, that he sailed on board said schooner, on a fishijig" cruise, on the 1st day of July, 18£!4; anchored between what is called the Grand Menan Banks and the Murr ground; continued at anciior and fishing till the 14th of July, when, having on board only fifteen gallons of water, and that unfit foi' use, it was determined best to run into Gull- cove, and obtain a bane! of water-; arrived there on the 15th about 2 P. M. and came to anchor: tliQ fog very thick; did not hand the sails, as we intended to get the water on board and go back. While below, and taking dinner, and not more than ten minutes from the time of anchoring, our boat still on deck, we were boarded by a Mr. Jones, an officer of the Dotterel, our papers dc- iiianned, and taken into his possession. He demanded our reasons for being there, and was told them. He ser)t his men below, to see how much water we had; they reported that there were three and a half barrels of water below, one empty barrel, and one with the hoops off. Mr. Jones was then told by me, that there was no cask but one that had any water in it, and that had only fifteen gallons, and so bad it could not be used; that there Mas one-half barrel of molasses, and a barrel with five or six gallons of beer. Mr. Jones ordered the William under weigh; took her in towaids the shore; moored her in a dangerous place, and sti-ij)ped her; took the boat and Cfirried her on shore, and gave orders that, if any of the Vv illiam's crew went on shore, or any boat was called along sid-^, or if he heard any noise on board, he would shoot us. We were thus left without a drop of wa- ter fit to drink till sunset, though we frequently hailed Mr. Jones, and stated our distress, as he passed us — we were wholly disregard- ed. About sunset, a vessel from Campo Bello anchored alongside, and, by permission of the master, the deponent went on shore and got a two gallon keg of water. On the l6th instant the William was got under weigh by Mr. Jones, and taken to St. Andrews. [ 93 ] 25 The deponent further saith, that, when Mr. Jones found tliere was no water on board fit for use, that, in a violent rage, he told tliis de- ponent that the American fishermen had been damned saucy to the inhabitants. The deponent replied that he had not been saucy to the inhabitants, but had always used them as he wished to be used him- self. Jones replied that it was damned well for me that I had been so, or he would otherwise confine me to the deck, and cut me into ounce,])ieces. I told him that I should not give myself any uneasiness on that account. Then, with an oath, he said, damn you, I will con- fine you to the deck, and lash a pump-brake across your mouth. CHARLES TAB B UTS. State of Maine,") WashuigtoUf } On this 23d day of July, 1824, personally appeared before hie Charles Tabbuts, and made solemn oath to the truth of the foregoing statement by him subscribed. SOLOMON THAYER, J. P. S: A%t. Pub. Mr. Brent to Mr. Shepley, dttornetj U. S. for District of Maine. Department of State, Washington^ October 8«/i, 18£4. Siir. In the absence of the Secretary, I have the honor to transmit to you the enclosed copy of a letter from Mr. Addington, the British Charge d'Aifaires, at this place, in answer to remonstrances from this Department, upon the complaints which were lately exhibited to it, by sundry citizens of the United States residing in tiie state of Maine, and engaged in the Fisheries, against the commander of the British armed brig Dotterel, for interru[»tions and other injuries which they state to have experienced, at the instance, and under the orders of that officer, in the prosecution of their accustomed employmefit during the piesent season, and requesting his good offices towards obtaining for them the redress to which they may be entitled^ and I beg leave, at the same time, to trouble you w Ith copies of the letters and documents referred to, and enclosed in, Mr. Addington's letter, which exhibit serious complaints on the part of the British authorities, against all, or very manyof t!ie same individuals, in reference to the subject-mat- ter of their own complaints. I do this, with the request that, as soon as convenient, you would have the goodness to institute an inquiry into the circumstances particulary complained of by the British Ciiarge d'Affaires, and communicate the result to this Department, that the 4 26 C 93 ] Sccicttiry may be enabled, vvitli the advanta.^e of tlic counter-state- ment to be tbus expected, as I doubt not he will, toi^ive Mr. Adding- toii satisfactory explanations in relation to the ti'ansactions complain- ed of by liini; or otherwise, to direct such proceedings to be had, as the circumstances of the whole case shall render advisable and proper. i am, with great respect, Sir, your obedient and humble servant, DANIEL BRENT. Mr, Jiddington to Mr. ^^danis. Washingtox, Odoher 5th , 1824. Siu: I iiavc the honor t(» acknowledge the receipt of two letters, one dated the 8th, and the other the 21st ultimo, which Mr. Brent ad- dressed to me, in pursuance of instructions from you, relatively to certain American fishing vessels averred to have been detained, in \iolation of the terms of the convention of 1818, by His Majesty's sloop Dotterel, in the Bay of Fundy, in the months of June and July last. I siiall not fail to communicate, without loss of time, tlic whole of tlie papers relative to this matter, to the Admiral commanding His Majesty's naval forces at Halifax; and in so doing shall strongly re- commend that a full and impartial investigation be made into the me- rits of tlic various cases therein reported; the result of which shall be forthwith imparted to you whenever it comes to my knowledge. Mean tisne, sir, 1 must inform you that a rejjort of those very oc- currences, of a nature very different from that made by the indivi- duals to you, has reached me from Rear-Admiral Lake, of whose letter, together with its enclosures, I have the honor to transmit to you copies herewith. It is tlierein made to appear, that the fishing vessels above-men- tioned weredetained by the Dotterel solely on account of their having been detected itt the commission of a direct ififraction of the ti-eaties existing between the two nations, having, in fact, been found pur- suing tljeir occupation without the boundaries assigned to them by the tcrnfr. of the convention of 1818. On this point, however, the parties arc at issue, each stating his case according to his own view of it. Thus far, therefore, there is ground for a candid and itnp.artial investigation on both sides. Such i have tecommendcd to Admis'al Lake, and such, I trust, you will also cause to be instituted hej-c. But there is atsother point, sir, on which I lament that there should be no ground for doubt or hesitation as to the Course which I have to pursue. [ 93 ] 27 By a perusal of the enclosed documents you will perceive, that af- ter the detention of the Reindeer and Ruby by the master of the Dot- terel, and while on their way to St. Andrews, *' an attack was made on those vessels by two schooners and an open boat, under American colors, full of (unned men, with muskets and f\xed bayonets^ amounting to about one hundred, headed by a Mr. Hov/ard, of Eastport. who is said to be a Captain in the United States militia, in consequence of Avhich the master thought it most prudent to surrender to such supe- rior force." This, sir, is an outrage of such a nature as to leave me no other alternative than to make a formal demand from the American Go- vernment for the infliction of punishment on the ofl'enders. Whether the vessels were legally detained or not, such an act of violence will bear no justification. If individuals are pcrnntted to expound the stipulations of treaties for themselves with arms in their hands, the preservation of harmony and good understanding between nations can no longer be hoped for. I am disposed (no person can be more so) to act fairly and openly by the citizens of this Republic, wherever they have just ground of complaint against British authorities, and shall accordingly take every measure for ascertaining whether the detention of the vessels in question was legal or not. If it was not legal, you have abundant proof, sir, in your own hands, of the disposition of His Majesty's Goveinment to aftord the most prompt and equitable redress to the parties aggrieved. I al- lude to the case of the American schooner Charles, detained and em- ployed as a tender last year by His Majesty'^ sloop Argus. That act, you will recollect, was condemned as illegal by His Majesty's Ministers, and restitution ordered to be made to the parties who suf- fered through the exercise of it, although otherwise liable, by the ille- gality of their conduct, to the entire loss of their property. But, in the meantime, sir, it becomes my duty to demand repara- tion, by the punishment of the transgressors, for the act of violence perpetrated on persons bearing His Majesty's commission, while en- gaged in the discharge of their public duties. 1 feel confident, sir, that you will view this outrage in the same light as myself, and consider such conduct equally dangerous to the peace and well being of the two countries; and I have no doubt that you will see the expediency of causing immediate proceedings to be instituted against the principal actors in this disgraceful scene. I beg, sir, that you will accept the renewed assurances of my dis- tinguished consideration. H. U. ADDINGTON, 28 [ 93 ] Hear Admiral Lake to Mr. Jlddington. Haxifax, 9i/i Sejitemher, 1824. Sir: I have the honor to transmit to you a copy of a letter, dated 26th ultimo, from Captain Hoare, of His Majesty's sloop Dotterel, uith its enclosure from Mr. John Jones, Master of that sloop: also copies of two letters from Captain Hoare. dated the 2d instant; one of them containing a copy of the affidavit therein mentioned. By the first of these communications, you will perceive that two American A-essels, called the Reindeer and Ruby, were seized by the Master of the Dotterel, in Two Island Harbor, Grand Menan, on the 2fith of July, for a bi'each of the treaty between Great Britain and the United States; and that, on the evening of the same day, when abreast of Harbor de Lute, proceeding to St. Andrews, an attack was made on the vessels in question, bj' two schooners and an open boat, under Amciican colors, full of armed men with muskets and fixed bayonets, amounting to about one hundred, having the appearance of militia men. and headed by a Mr. Howard, of Eastport, who is said to be a Captain in the United States' militia; in consequence of which, the master thought it most prudent to surrender to such superior force. Captain Hoare's next letter mentions his having, on the 29th ult. on his passage to Halifax, fallen in w ith the American schooner Mad- ison, (by her papers Ansel Coggins, Master.) which he was informed was cue of the vessels to which the men belonged wh" rescued the be- forementioried vessels from his master; and that, finding on board this vessel a man, named Dianiel Rumney, whom one of the marines of the Dotterel identified as one of the persons concerned in the rescue, Ca])tain Hoare thought proper to detain the vessel, and take Rumney on board the Dotterel as a prisoner. Captain Hoare's other letter refers to the Pilgrim, an American fishing vessel, seized by him at Grand Menan, in June last, for a breachof the treaty; which vessel was afterwards rescued by some of her crew^ in conjunction w ith one of the men whom Captain Hoare had put in charge of her; and the said vessel, having been fallen in with on the 29th ultimo, ami a man named Winslow, who, Captain Hoare \\as informed vas one of those actively engaged in the forci- ble rescue of the said vessel, she was taken possession of, and the man (AVinslow.) put on board the Dotterel as a prisoner. As in these transactions, His Majesty's officei-s have been assaulted in the execution of their duty, by armed subjects of the United States, and the property of which they had, in His Majesty's name, taken lav\ful possession, rescued from them in violation of the treaty sub- sisting between Great Britain and the United States, I consider it ne- cessary that the subject should be brought officially before the Ame- rican Government, in order that steps may be taken to prevent the [93] 29 coutimiancc of such proceedings, and therefore request yon will be pleased to adopt such measures on the occasion, as shall appear to you to be necessary. I have the honor to be, &c. W. T. LAKE, Rear Admirnl and Commander in Chief, ^ Captain Hoare to Rear Jldmiral Lake. H. M. Sloop Dotterel, 26//i Jlugustf 1824. Sir: I have the honor to enclose the copy of a letter from the mas- ter of His Majesty's Sloop, under my command, detailing tiie circum- stances of his having been attacked off Campobello hy two armed Schooners, under American colors, and tliat two American fishing A'cssels, he had detained, were taken from him and carried into East- port. J have the honor. &c. RICHARD HOARE, Commander. John Jones, master, io Captain Hoare, of H. M. Sloop Dotterel. H. M. Sloop Dotterel's Boat, St. Mdrew's, ^. B. 2rih July, 1824. Sir: I beg leave to represent, tliat, on tlie 25th inst. when cruizing in the Yawl, in pursuance of your orders, off the Grand Menan, for the protection of our fisheries, I received imformati'^n of several American fishing vessels being at anchor at Two Island Harbor, and that two of them, namely. Reindeer and Ruby, of Lubec, were at White Island Harbor on the 24th, where they got their wood and water, and that, on thcir^anchoring, they fired their muskets and told the inhabitants they were armed, and would not allow aiiy man of war's boat to board them; and after they had their supplies they shift- ed to Two Island Harbor, Grand Menan. I made sail from Gullcove, and at day light, the 26th, observed four schooners at anchor at Two Island Harbor, which vessels got under weigh on our appearing: when I got close to three of them, they lashed alongside each other, and all hands, about thirty in num- ber, went on board the middle one with their fire-arms and fish spears. I desired them to separate, which they refused to do until I tlircatencd to fire on them. On boarding, they proved to be the Reindeei', mas- ter's name, Small, and H'lby, master's name. Small, (brothers,) of Lubec^ two fishing vessels, atid Friend's shallop, of tlie same place. 30 [93] It being fine wcatlicr, and tliey not being in want of wood or water, I detained the Reindeer and Ruby, and put their crew, with the exception of their masters, on board the two American schooners, with ])rovisions for a ])assage to Lubec, and made sail in the Reindeer and Ruby for St. Andrews throngli East Quoddy, About six, P. M. when abreast of Harbor de Lute, I observed two schooners and an open boat, full of aimed men, muskets and fixed bayonets, hoist- ing American colors; one of tliem went along side. Mr. Towneau in the Ruby, boarded and took the arras from iiim and his three men: the one abreast of me was kept off for about a quarter of an hour, when they commenced firing into us. Though with great reluctance 1 thought it most prudent to surrender to such superior force, having but four men, one musket, and three cutlasses. On delivering them up, I found there were in the two schooners about an hundred ai-med men, (including the crew^s of the schooners, about 30 in number,) the rest having the appearance of militia men, and headed by a Mr. Howard, of Eastport, said to be a Captain in the United States militia. I have the honor to be, &c. JOHN JONES, master. CapL Hoare to Rear Admiral Lake. H. M. Sloop Dotterel, .. Halifax Harbor, Sept. 2, 1 824. Sir: i have the honor to inform you, that, while running past the outer bank of the Grand Menan, on the £9th ult. on my passage to tliis place, I fell in with the Madison, American fishing schooner, (by hei* papers, Ansel Coggins, master) and, as I Mas informed by "Winslow, one of the crew of the Pilgrim, American fishing vessel, and who was then on board the Dotterel, that she was one of the schooners that attacked the Master off Harbor de Lute, on the 26th of July, and the Master having affirmed that the name of the vessel that attacked him was the Madison, though he cannot swear to the vessel, as all that description of vessels are so much alike, but he believes her to be the same; and, on the crew coming on board the Dotterel, one of them, Daniel Rumney, was immediately recognized by William Vickery, one of the marines in the boat with the Master, as being one of those who Avere in, and took an active part in, the vessel that attacked them, and, on boarding the said Madison, it was discovered the master had left her, and, as she had her boat out, 1 have no doubt he had gone on board one of the other fishing vessels to escape detection, as he would have been immediately recognized by tl»e jSiaster; and, as some dates on the back of the papers relative to her ari-ival and leaving Lubec at different periotls, prove her to have ro3] at been at Lubec about the time of the Master's having been attacked; tliesc circumstances, together, left no doubt in my mind of her being the Madison, that, witli another schooner, named the Diligence, at- tacked the Master oft* Harbor de Lute, on the 26th of July, and I therefore took possession of her, and ordered her to this port; as it appears to me, sir, that the circumstance of two armed schooners attacking and taking from a British officer and boats' crew, two ves- sels he had legally detained, is an act of piracy, and all those con- cerned therein, ought to be punished. I have, for the present, detained Daniel Rumney on board, and I have to rcijuest you will be pleased to solicit the advice of the Attor- ney General on this important subject, that I may be guided thereby in my proceedings relative to the said Daniel Rumiiey. I have the honor to be, &c. ' RICHARD HOARE, Commander. Captain Hoare to Mmiral Lake. His Majesty's sloop Dotterel, Halifax, September 2d, 1824. 9iii: I have the honor to inform you, that, while running past the Outer Bank of the Grand Menan, on the 29th ult., on my way to this port, I fell in with the Pilgrim, American fishing schooner, and, as this vessel had been taken by one of my boats on tlie 1 6th of June at Grand Menan, for infringing the treaty, but was retaken by the crew > aided by James Martin, one of the two men put in charge of her, 1 liave taken possession of, and ordered her to this port. Enclosed, sir, is the copy of an affidavit made by William Paine (marine) and the other man in charge of the Pilgrim on their arrival at Lubec, by w hich affidavit you will see, sir, that a man by the name of W inslow, one of the crew of the Pilgrim, was the most active per- son in retaking her, and tliat he forced the cutlass from William Paine and obliged him to go below. Under these circumstances, I felt I should be justified in considering him a prisoner, and, as such, he now remains on board the Dotterel. That he ought to be punished in some way that may deter others of his nation from com- mitting the same offence under similar circumstances, I am sure, sir, you will think necessary. I have, therefore, to request you will be jjleascd to solicit the a»l- vice of the Attorney General on this important point, that I may be governed thereby in my proceedings. I have the honor to be, &c. &c. RICHARD HOARE, Cnwwnndei^ Admiral Lake. " 32 C 93 ] Copy of the enclosure in the foregoing letter. William Puiiie, one of the marines belonging to His Britannic Ma- jesty's brig the Dotterel, maketh oath and saith: That, on Wednes- day last, the American iishing boat Pilgrim was seized for a viola- tion of the ti-eaty between the United States and Great Britain, and the deponent, witii James Martin, seaman, put on board to take charge of her; that, on the night of the 21st instant, between the hours of 11 and 12, it being Martin's watch, he, this deponent, was awoke from sleep by the roll of the vessel; that he attempted to go on deck, but fouiuS the companion doors shut; this deponent then broke open the co)r;panion doors, armed himself, and went on deck, and ordered Cap- tain Woodward, the master of the boat, then at the helm, to put the boat about: lie refused; Martin was rowing; this deponent went for- ward and ordered him to drop the oar; but he would not till this depo- nent threatened to cut his head off if he did not; while this deponent was tlius endeavoi'itig to get the vessel about, Winslow and Martin suedenly sprung upon him, and obliged him to go below. This depo- nent was then brought to this place in the said boat Pilgrim against his will, and against all the exertions in his power to make. his WILLIAM X PAINE. mark. Benjamin Scott, one of the hands on board the Pilgrim, on oath, saith that the foregoing statement of Mr. William Paine is, according to his best knowledge and belief, substantially true; that he was be- low when Mr. Paine armed himself and went on deck, and soon after he returned and said he liad been overpowered and his arms taken from him; that the Pilgrim was taken by Woodward and Winslow, aided by Martin, to Lubec. This deponent further saith that Wood- ward and Winslow both acknowledge that Mr. Paine discharged his duty to the utmost of his power; that superior force alone caused him to surrender his arms. BENJAMIN SCOTT. State of Maine, ~) Washington, J To all to whom these i)rescnts may come, Know^ ye, that, on this tweiity-second day of June, anno Domini 1824, before me, Solomon Thayer, Notary Public, by legal authority duly commissioned and svorn, and residing at Lubec, personally appeared the afore-named W^iiliam Paine and Benjamin Scott, and made solemn oath that the declarations by them personally made and signed were just and true. In testimonium veritatis, SOLOMON THAYER, JVotarri Public. [ 93 ] 33 Halifax f September 9.d, 1824. .A'Vw Brunsrvick, ") Charlotte County,] ^' I, the undersigned, one of His Majesty's Justices of the Peace, in and for the said county, residing in Campo Bello, do hereby cerlitV. that, on this twenty-third day of June, 1824, William Paine, the per- son in the annexed instrument mentioned, appeared before me, and de- clared the facts therein contained, which appear to me to be correct. That Solomon Tlxayer is a Notary Public for the County of Wash- ington, in the Province of Maine, United States, duly appointed, and that full faith and credit may be given to his attestation. D, OWEN, .7. P. Richard IIoare. Commander of His Majestifs sloop Dotterel. Mr, Shepley to Mr. Mams. Saco, Novemhev 16, 1824. Sir: Having been requested, by letter from Mr. Brent, under date of the seventh of October last, to institute an inquiry into the cir- cumstances particularly complained of by the British Charge d' Af- faires, and to communicate the result to the Department; I have now the lienor to inform you that I repaired to, and near to the places of residence of the parties to those transactions, called upon them, and took their statements under oath, which are herewith enclosed, and by which you wil be enabled to understand fully and correctly, the whole history, not only of the circumstances complained of, but of all the proceedings of the Captain of the British armed brig Dot- terel, in relation to our fishermenj and their proceedings to protect themselves, as they supposed, from the losses occasioned by the con- duct of the Captain of the Dotterel, It may, I think, sir, with safety, be affirmed, that the enclosed doc- uments (being the affidavits of twenty-seven individuals, and relating to thirteen schooners and boats, and one small boat,) present a fair and faithful history of all the proceedings this season, between our fishermen and the officers of that vessel. I have been particularly cautious, in taking the testimony, to give it without coloring it by the feelings of excitement manifested by our citizens. Enclosed, also, is a bill of services and expenses for attending to the business. With the highest respect, I am, Sir, your most obedient servant, ETHER SHEPLEY, IHstrid Altornei{. I, Robert Small, master of the schooner Reindeer, of Lubec, oa oath, testify and say, that it is my practice, in fitting out foi- tlie iishcries, to fill the barrels, which 1 use for oil ban-els, with water: and, as I use the water and empty the barrels, to fill them with oil. I purchased the barrels while fitting out tliis cruize, and did not see them till after filled: there weje eight filled with water. We left the harbor the twenty-sixth day of July, and proceeded on the fish- ing ground near Grand Menan Bank; continued to fish two or three days, and then discovered that tlic water in six of my ban-els was salt, so that I could not use it; the barrels having been used for salt- ing beef and jmrk. Fnding my Avater all bad and expended, ran in to Two Island Harbor for water, and went on shore and obtained my water; laid there till the next morning^ becalmed; then made sail for the banks; got out about a mile and a half, or two miles, and the wind died away, and left me becalmed again; soon discovered the barge of the British armed brig Dotterel; the Ruby, the Friend, and boat Diligence, lying in the same harbor, and near me; t!ie barge came up and fired; ordered the anchor to be dropped, which was done: the master of the barge then ordered us to part, Uic Ruby and Reindeer being connected by a small line, which was obeyed: the vessels parted; he then ordered the Ruby to drop her anchor, which was done; he then came on board our vessel, the Reindeer, in a great rage; he demanded' the ""papers, which were given him; they then threatened to carve us up like a turkey, or a piece of beef, bran- dishing their cutlasses about our heads; took the crew all out, and put them on board the schooner Friend; then took out the ci-ew of the Ruby, and put them on board of the schooner Diligence, and or- dered the Friend and Diligence off; told them to go off and about their business; then got the Reindeer under way*," bound for St. An- drews, and ordered the Ruby to follow; passing irp a little past Har- bor do Lute, two other vessels hove downVpoii us;' one, the schooner Madison, came down upon the Reindeer, there being about twenty men on her deck, with muskets, biit no bayonets upon them; Jones, the master of tiie barge, being on board of the Reindeer, ordered all hands, and directed them to firo into the Madison: I then said to him, if you fire into that vessel, every man of yon will be shot: he said, I believe it; he then said,' what do they want, and who aro they? I said to him, they are my neighbors: they want this vessel, and they will have her: he then laid down his sword and said, I surrender; unlocked his trunk, took out the papei's of my vessel and the Ruby, and gavo them to me. Skipper Coggins then invited him on board the Madison; and upon my assuring him that he might go with per- fect safety, lie went on board, drank with us, shook hands, and parted with us; went on board his barge, and went off; the Reindeer and Ruby then went home; the vessel has been laid up since, as I did not dare to let her go out; and the crew has been upon (barges also; the injury to the owner and crew has been fifteen hundred dol- lars: I was in no other British harbor, except at Buck's Rock, in Grand Menan, where I went in the night in a heavy blow, and went [98] 35 out again before morning. I saw no person; was not on f?hore; ne= ver fired any musket on tlie island, nor did I ever state that I was armed, or intended to resist; had only one old musket on board; fishermen always carry one or two : the crews of the vessels Rein- deer, Ruby ancl Diligence, were not on board tiie middle one, or any one of the vessels; nor was there any shew of fire arms, or fish- spears, ou board of either of the vessels; they were not lashed to- gether for resistance. This is not only a common practice, but is necessary in this Bay, where the tide is very strong, and runs in different directions. There was not a gun fired into the Reindeer, or at her. while in Jones* possession, nor was there a gun fired at all. till after Mr. Jones had gone ort board the Madison, and then only as an expression of joy; nor was there any gun fired at the Ruby, nor did the Diligence, nor any person on board of her, demand or take, any arms from those on board the Ruby, when she was retaken; they did ask for one of their own muskets, which the barge had taken from them, and it was brought to tliem; this was after the Ruby had been surrendered. I have not fislied any, within five to six miles of the land this year. There is no fishing ground nearer the shore, nor any object in going near shore, except for wood and water. ROBERT SMALL* Sworn to bfifore, ETHER SIIEPLEY. J^Tovemberf 5, 1824. Paul Johnson, Junr. roaster of the Schooner Sally, of Eastport, on oath declares, that he sailed^ the thirteenth day of May last, fittgd out for the fishery on the Labrador Coast, and proceeded on the voy- agej on the 4th of June» the wind being east, and weather coming on thick, thought it prudent to make a harbor and ran into Shelburne, on the south side of Nova Scotia, and anchored, and was boarded by a boat from the British armed Brig Dotterel; was asked what business I had there? I told him was bound to Labrador and thought I had a right to make a harbor. The Sally was then ordered under way, and car- ried alongside the brig, and an officer came on board and searched us, was told I had broken the treaty; and should be detained. The next morning my whole crew were taken out and put on board id tliat there was little prospect of obtaining a decree of restora- tion without having an appeal entered; and tliat the expense attend- ing the trial would probably exceed the value of the pioperty; and therefore declined hiaking any defence. JOHN G. FAXON^. Sworn to, before me, Mvember 6tli, 1824 ETHER SHEPLEY. I, vToiies WasSj of Addison, in tlie state of Maine, testify, and say. tliat 1 was master of the schooner Rel)ecca, of Addison, of the burthen of about twenty-seven tons; that I sailed fiom Addison on the first day of July, 1824^' !n*the said schooner, fitted out for the fisheries; that I proceeded in said schooner, and made the <'Mur Ground," about fifteen miles south cast of the Island of Grand Menan, the same day, and anchored the next morning; caught a few quintals offish; it came on to blow fresh, and 1 went in and anchoi-ed about half-a-inilc from land, under the Island of Grand Menan; went on shore in a boat, with a barrel, and obtained a barrel of water, for w!)ich 1 wdnt to the Isl- and; and having ])v.t the water on board, got under way, and stand- ing off to the fishing ground, percei\ed the barge of the British gun brig Dotterel giving chase, and continued to proceed on the same course, the barge still ]nirsuing tii! evciung, it being about 3 o'clock, 1'. M. \\hen we left the IsIiukI; the h;uge firing a number of times; at dark Me lost sight of the barge, being tlieu jsear the Nova Scotia shoi-e; then returned partly back to the iishing ground, and hove to under the ff)resail. and the next morning came in and anchored at Guli-rove in the Isln .•' of Grand Menan, where were six other Ame- rican vessels: got unaer way again an hour ailer sun-rise, and stood out to sea; liie wind blew so f'i-es!» that we could not anchor on the fishing ground tliat d;iy, and we rciturned ;uid am bored again at Gull- cove. The next movniv.g, being the foui-th of July, got under way and [93] 89 pi'occeded to the fishing-ground first mentioned, and on Monday, the iifth, continued on the Mur Ground, fishing: on Tuesday, the slxtli of July, in the morning, the wind hlowing Iresh, we iiove up and laid to under her foresail, and ahout 8 o'clock, A. M. weatlier being thick, and nearly out of wood, went into or near Gull-cove. About 1 o'clock, the barge came alongside, all hands beiiig emjiloyed in dressing fish,, and ordered us under way, and said he was going to carry us into St. Joliu's: demanded my papers, which were given up. 1 declined na\i- gating my vessel by order from tiie barge, and tlie master of tlie barge directed his own crew to get her under way, whicli was done. We were carried to St. John's in tiic Rebecca, and put us ashore, and wc made the best of our way hoiiie, leaving the vessel. She now lies at the wharf in St. John's. No libel or j)roceedings have ever been insti- tuted against the Rebecca, that I can learn; and have learnt fi-om the collector of the port of St. Andrews, that, a few days since, she had not been libelled. The Rebecca was o\\ncd wholly in Addison, by Wilmot Wass, Lemuel Wass, and myself. The place in Grand Menan, called Gull-cove, had been formerly pointed out by the Britisli author- ities on the Island, as well as on tlie water, as the place where we should be permitted to anchor and throw the "gursy" ove] board. The loss to t!ie owners must be at least seven hundred dollars. JONES WASS. November 1, 1824. Sworn to before me, Ether Shepiey. I, Jolm Wright, on oath, declare, that I was mate on board of the Rebecca, and that all the facts, above stated, in the affidavit of Jones Wass, which have been read to me, are true. JOHN WRIGHT. ^''ovember 1, 1824. Sworn to before me, Ether Shepley. I, Charles Tabbut, on oath declare, that I was master of the schoon- er William, of Addison; that I sailed on or about the 27th day of June, 1824, fitted out for the fisheries, and proceeded to the fishing ground on and near Grand Menan bank, and continued to fish from fifteen to eighteen miles distant from Grand Menan, until the thir- teenth day of July; and, on the fourteenth, having lost some of our water, found ourselves in want of water, having only half a barrel on board, and that too bad for use; then ran into Grand Menan for water, that being the only place, as the weather then was, where we 40 [ 98 ] could obtain it^ and on the fifteenth anchored at Gull Cove in Grand Menan; liad been at anchor about ten minutes, when we were boarded from the barge of the British armed brig Dotterel, the papers were demanded, and delivered, and the men from the barge were ordered below to search for arms — found two muskets — took the arms, and knives. I asked the master of the barge what he was going to do with us? He answered that we had been damned saucy to the inhabit- ants. To wliich I replied, that 1 had never been ill used by the in- habitants, nor i!i used tliem; I had never before been into the land, and could not have used them ill. The master of the barge then threat- ened to cut me into ounce pieces, to lash me to the deck, and to gag me with the pump bolt, or pump brake: the vessel was then got un- der weigh, carried near shore, and moored, and stripped, the boat taken away, and we were left on board the vessel, thus stripped, and deprived of the boat, and without water, and lying in a dangerous place. Tlie master of the barge said if we called a boat, or landed, or made any noise, he would shoot us. He passed us several times, and I called to him and asked for water; he answered that he would come to our assistance, but did not. Despairing of obtaining any from the barge, I called to the master of an English vessel, who aid- ed me with a boat to go on shore and obtain a little water; I went, and obtained a few gallons. The next morning, the master of the barge came on board again, and carried the vessel to St. Andrews, and reported to the collector there, that we were found in Grand Mcnan, in want of neither wood or water. After endeavoring to obtain a release of the vessel, without success, was ordered to leave the vessel, and did leave her. I asked the master of the barge how he could detain my vessel contrary to the treaty? He damned the treaty, and them that made it. The vessel was owned by William Wass, and William Nash ; she was libelled, deemed forfeit, and, sold, no person appearing to claim her; and the reason that no per- son claimed her was, that the costs and expenses, attending it, would be as much as the vessel was worth; the loss to the owners and crew, must be near two thousand dollars. CHARLES TABBUT. J^ovemher 2, 1 g24. Sworn to, before ETHER SHEPLEY. I, Josiah W. Perry, on oath declare, that I was a hand on board the schooner William, that the facts, as stated by Charles Tabbut, are wholly true, the same having been read to me. JOSIAH W. PERRY. JS''ovember £, 1824. Sworn to, before ETHER SHEPLEY. [93] 41 I, Christopher Wass, on oath declare, that I was managing master of tlie schooner Sea Flower, of Addison, my son being master, and sick on sliore. and the vessel having, during the previous part of the season, been employed in the fisheries, and sailetl on the twentieth of September, on the Grand Menan Bank, and continued there fishing on Tuesday and Wednesday; and about eight o'clock, P. M. Wed- nesday, blowing fresh from the west, hove up the anchor and laid to under the foresail. Tlie wind, during the nigli*, drew into tiie north- west and blew very heavy, and split her foresail; reefed the sail above the rent and set it again, and laid till day-light: then stood to the northward and eastward, and made the southwest Jiead of Grand Menan, bearing north by east; made the Mur Rocks, and obliged to go between them, and fetched in to Kent's Island near Grand iVlenan, being Thursday morning. Friday and Saturday bhnving fresh and storming, could not mend our sail. Sunday continuing to blow fresh, laid still. Monday went out on to the outer part of tlie rips, five or six miles from the land; cauglit a few fish, and continuing to blow so that we could not anchor, came in and anchored again at Kent's Is- land. Tuesday went out to the rips again, still blowing fresh and raining, and heavy sea from the eastward, could not anchor, caught only a few fish, and in running in cari'ied away our fore-shrouds; hauled down the foresail and ran in to the same harbor again. Wed- nesday morning was boai'ded from a tender to the British armed brig Dotterel; papers were demanded and delivered; asked what business we had there; and was answered that we were riding out the gale with both anchors ahead. The master of the tender, after mnch entreaty, consented to give up to us most of the fish and salt, and next morning set all hands on shore at Kent's Island, and carried the vessel to St. Andrew's where she now lies. No proceedings, have been instituted against her that I can learn. She was owned wholly by me; and my loss will be as much as seven hundred dollars. I have never heard of any complaints against the vessel, other than that she was found in the harbor, and was accused of going in too frequently during tlie last few days. CHRISI'OPHER WASS. Mvember ist, 1824. Sworn to before Ether Shepley. I, Jones Wass, was mate of the Sea Flower at the time above- mentioned, and have heard the affidavit, signed by Christopher Wass, read; and, on oatli, declare the facts therein stated are wholly true. JONES WASS. JVovember 1st, 1834. Sworn to beforeETHEU SUEPT4ET, 42 [ 9B ] I, Joel McKinscy, on oath, declare that I was a hand on board the boat Rover*, of Addison, fitted oat for the fisheries; that we sailedjthe first part of the month October, 1824, and proceeded as far as Little River, where we lay about nine days wind bound, and caught some herring; went out on Friday morning for 1 he Seal Islands, but finding the wind unfavorable, concluded to proceed to the southwest head of Grand Me- nan, and laid to six or seven miles from the Island to the westward, fishing; while lying in this situation, a tender to the British armed brig Dotterel passed hetween us and Grand Menan eastward, and wont round the point of the island out of sight; we continued fishing, and drifted nearer to the island, and the tender, about the middle of the day, returned and fired a gun toward as, we being then to the westward of the island, and distant from it four or five miles; the tender came up and spoke to the skipper of the hoat, and asked him what business he had there; he answered, that he had a right to fish there, for he was in our own waters; our papers were taken, and we were ordered to follow the tender, and followed her into Seal Cove, in the western end of Grand Menan; where we were sent on shore, and the boat started for St. Andrews. The boat was owned by Wil- liam Nash. The loss to the owner will be about two hundred and fifty dollars. JOEL McKINSEY. A'^ovember Sd, 1824. •' Sworn to before ETHER SHErLEY. I, Otis Bryant, of Jonesborough, on oath, declare, that I was skip- per of the boat Escape, of Jonesborough, belonging to Jeremiah Smith, and sailed the forepart of October, fitted for the fisheries; proceeded to Little River, and wind being ahead and blowing heavy, could not j)roceed on to the fishing grounds, and remained in Little River eight days, and then proceeded toward the island of Grand Menan being IVom tlirce to foui- miles distant from the south west point of the isl- and, the tender of the Bi'itish armed brig Dotterel came down upon us, and fired at us, and put a man on board, and directed us to follow; took the papers and carried us into Seal Cove, in Grand Menan. The next morning we were directed to leave the boat and go ashore, and did so; tlic boat started for St. Andrews. The loss to the owner and crew must be two hundred and fiftv dollars. OTIS BRYANT. J\'))vember 2, 1824. Sworn to before ETHER SHEPLEY. [ 93 ] 43 Moses Smith, on oath, declares, that he lias attended to and lieard read the statement signed b^' Otis Bi-yant, and being a hand onboard the boat, knows the facts therein stated arc true. MOSES SMITH. Sworn to before ETHER SHEPLEY, JSTovember 3, 18iJ4. I, Jacob Winslow, of Dennysville, being a hand on board of the schooner Pilgrim, of Deniijsville, James Wooilvvard master, sailed from Lubec about the 1 1th day of June last, and piocecded oti to the outer grounds of the Island of Grand Menan, and began to fish tbe 14th, being then frou) 10 to 12 miles distant from tbe Island — wind blowing fresh, and tide strong, broke an anchor, and stiuck adril't — got under way, and dressed one fish. Tlie next day went on board of the Galleon, Hunt, to borrow an anchor, and could not obtain oncj next morning anchored on tlic ground called the gravelly bottom, near the schooners Galleon and Hero, and distant from 8 to lU miles from the Island, caught from 10 to 12 quintals of fish, and then struck adrift — then, finding ourselves unable to work to advantage with one anchor, and that a iightone, concluded to go home to get one; about half an hour after, a vessel from the southeast came down Uj)on us, and fired several times, came on board, and proved to be a tender to the British armed brig Dotterel, demanded, and took our papers, and took out two of the haiuls, myself and Benjamin Scott, and put us on board the tender; asked us what we v/ere doing there, and answeied had been fishing; master of the tender said we had no business to fish there in British waters, and would make us smart for it this year; he asked me what land it was in sight; saian wlio was below asleep then came on deck, and ask- ed where we wlvq going. I told him to Lubec. He told me as there was but little v.ind, he titought we shotild be caught; and had better go back. I said wc would keep out of their reach. He said, if taken, they wciild shoot Jiim; and then went below, and soon came up with two cutlasses, and said he would t:plit any man's brains out in the King's name, that offered to resist him. This it was advised that he should do, to clear him from harm, in case we should be taken; he having agreed, before we started, to the adventure; and he ordered the man to desist who wa.3 rowing, then knocked off Captain Woodward's hat. I then went and took one of the sword's from him, and tlic other he laid dew n, and went below. Wa came on home to Lubec •with the vessel, obtained an anchor, and in four or five da} s after sailed again on to the bank of Grand Meisan, fifteen miles or moi'e distant from the Ishuid, and continued there fishing four or five days; one of the men who came from tSie Dotterel still continuing with us, by his own desire. Was informed that the schooner Hero, an Ame- rican vessel, which had been captured, v;as fitting out and armed by the British to take me; saw the Hero, soon after, boarding several vessels, and got under way and went up to Mount Desert, and fished there four or five w eeks, and then returned to Dennysville, and wash- ed out our fish, and eight days after sailed again, and went on to Marblehead IJank, so called, and began to fish: the island of Grand Menan bearing north northeast,eighteen leagues distant, and continued to fish there six or eight days; then stood in to Grand Menan bank, being five or six leagues distant from the island, and anchored, and laid to, being Sunday, and all turned in. Soon the brig Dotterel came upon us, and sent a boat w ith five men on board, w ith cutlasses [ 93 3 45 drawn — inquired for Martin, the man who had cosne aNvay with us, and continued to fish with us. I told him 1 did not iviiow — believed he had gone to Boston; asked me if 1 w as sii.inper of the vessel, and answered I was in jdace of one; asked for the papers, and I declined delivering iheni; told him they had one set of her papers; n\ as told to get into tlie boat and go on board the brig, and did so. Tiit-y then got the Pilgrim under way; the captain m the Dotterel asked my name; was told it; said he had got a j)re}ty good history of niy cha- racter; told him 1 had not robbed any body, or killed any one, oi- stole any thing; he asked for Martin; was tt)ld 1 did not know; be- lieved he had gone to Boston; then said to him if you are going to keep the vessel, if you will put me on board one of these fishermen, that I may goiiome, shall be much obliged to you Home! said he; yes; if you waikt to go home, I will carry yo*' home to Halifax, where 1 will have you tried and huiig. I asked him to lei me go on board the Pilgrim and get my clothes. He said no, damn you, you shan't have any clothes; asked again for my clothes, and was per- mitted to go and get them; abked iiim if he was to give me any tlung to eat; he said no; asked him if I should fetch souic provisions from my own vessel, and how much; he said ietcii a week's pro\ ision; went aboard the Pilgrim, and was putting up some pro\ ision, when Jones, who was on boani, and had command of the Pil- grim, called me up; told him the Captain toI¥1NSL0W. November 5, 18PA — Sworn to before Ethee Skepiey. William Howard, aged fourteen, on oath declares, that lie, with two other boys, aged seventeen, and thirteen, last August took a small boat belonging to Mr. Thomas Brown, the boat having about fifteen feet keel, and went down the bay a fishing, and passed by the little island called the Thumb-Cap, about half a mile, and fished thereabout an hour and an half; then went towards Casco Bay Island, and fish- ed perhaps three quarters of an hour — then started to come homej got up to Friar's Bay, in Campo Bello, and the Dotterel hailed us; ■we went up, and on board the Dotterel, and they took our boat and moored her alongside, kept us until next morning, and then set us on [93] 47 shore on Campo Bello; they have detained the hoat and usedher, and still do, as a boat for the Dotterel. Have often seen the boat pass- ing in the waters with the Dotterel's men. We wont out for plea- sure fishing, and to get a fresh fish for our own use. William How- ard is an apprentice to a blacksmith. WILLIAM HOWARD. jyovember 6, 1824. Sworn to, before ETHER SHEPLEY. Benjamin Newman on oath declares, that he has heard the state- ment signed by William Howard read to him, and that the facts there- in stated, except so far as they relate to the use of the boat by the Dotterel, are wholly true. BENJAMIN NEWMAN. J\''ovember 6, 1824; Sworn to, before ETHER SHEPLEY. Thomas Brown on oath declares, tliat he was the owner of a small boat which William Howard, and two other boys, took and went out to fish in; they came back without the boat, and said she was taken from them by the Dotterel. I weiit to St. Andrews to find her, and asked one of the officers of the Dotteiel to let me have the boat, but was told I could not have her. I then applied to Mr. Dunn, the Comptroller of the Customs at St. Andrews, to get him to intercede with the Captain of the Dotterel for the boat; he answered me that he could not, that no report of such a seizure had been made to him; that the Captain was a bad fellow, and had the day before insulted the custom-house. 1 returned without the boat — have since observed her to be used by the Dotterel's men, and believe she is still in use as a boat to the Dotterel. She cost me about twenty-two or three dollars, with the apparatus. THOMAS BROWN. tYovember 6, 1824. Sworn to, before ETHER SHEPLEY. I, Elisha Small, master of the schooner Ruby, of Luhec, on oath testify and declare, that I sailed the eighth day of July, fitted out for the fisheries, and went on, and near to, the Grand Menan Bank, and continued there to fish sixteen or seventeen days; then ascertained that our wood and water were expended; the wind blew heavy from the north, and after attempting, without success, to gain the American shore, put in to Grand Menan, in Two Island harboi*, to procure wood and water; this was the twenty-fifth of July, in the afternoon, 48 [ 9a ] and laid there till the next morning, having obtained my wood and water; and by five o'clock next nioiniiig;, got under way to go out ol" the harbor; soon saw the barge of the Dotterel lying under the Crreen Islands, and said to thcotlsers, vvesh(»uld betaken; the wind died away; we were becalmed, and Ihe barge came down upon us and took us. The Reindeer, the Friend, and the Diligence being near, small lines were jsassed tVom my vessel to the ReinOcer atid the Diligence, I being bc- twee'ii them. When the barge came within, say one hundred rods, she iired over our heads, and then a second time near us without speaking us; then can.ie near and ordered the Reindeer to let go her anchor and all to cast apart; the anchor was let jgo; then he went and boarded the Friend, which lay thirty or forty i-ods distant; then came again with their arms for action, and ordered us to cast apart, which was done: the I'cason we did not cast iipart at fwst w.as, tliat we did !)ot fully understand the order; then took possession of the Reindeer. I then went on board the Reindeer; he then came and took ])ossession of the Ruby. I asked why he took me; and asked him if I was not allowed to go in for wood and water: he said 1 was; but it was time I was out: told him 1 had departed before I had ob- tained as much as I wanted; I mentioned to him that the treaty allow- ed us to go in for wood and water: he said he did not caro a damn for the treaty, every vessel he caught within three miles of the land he would make a prize of; he took out the crews and put my crew on board the Diligence, and the Reindeer's crew on boai'd thejFriend, and told the Fi'iend and Diligence they might go; put a Midshipman and three men on board the Liu by, and directed them to follow him to St. Andrews, he being on board t!ie Reindeer. We beat up round East Quoddy, and got up opposite Indian Island when the Diligence and Madison came upon us. The Diligence came upon the Ruby, hav- ing her own crew aTid five of luy crew, and two men from East- port, twelve in all, on board, armed with muskets, and hailed us and told us to give up the vessel. I told the Midshipman I would go be- low, he asked me not to, said he would give up the vessel; he gave up the vessel; the Diligence took possession of her, and the Midship- man and his men went on board the barge. The Ruby was brought in; the crews of the thiec vessels wliich wei'o connected in Two Is- land harbor were never collected on board of my vessel, she being the middle one, with muskets and fish spears; nor was there any such show of resistance made, or any such collection of men on board of cither vessel. When the vessels were retaken, there was not a gun fired till after they were both retaken, and then only by way of re- joicing. They gave out that they would have the Reindeer and Ruby if they had to burn Moose Island; I did not, therefore, 'tl^^nk it pru- dent to trust her at sea again. The loss to the owner and crew will be five hundred dollars. ELISHA SMALL. JK'^ovember 6//i,1824. Sworn to before Ether SnEPiiEV. [ 93 ] 49 1, Benjamin Small, on oath declare, that I was a hand on board the schooner Ruby when she was taken by the Dotterel; that t!ie state- ment of facts signed by Elisha Small has been read to mc, and I know all the facts to be true which are related to have taken place before I came away in the Diligence. We came in the Diligence di- rect to Eastport; I went to Elisha D. Green, of Eastport, find told him I wanted ten muskets, it having been agreed between the Ruby's crew and the Diligence crew that we would retake the Ruby, he and ano- ther gentleman obtained for us seven muskets; and the two clerks in Green's store, one named Howard, and the other Fields, said they would go with us; they went on board with mc; thei-e being then twelve in all on board, iiaving seven muskets, and two pistols, and two bayonets only, and wcjit down behind Indian Island waiting fur them, laid there about half an hoar and saw the Madison coming down; she spoke us, and Fields and Howard wenj; on board the Ma- dison, and then returned, having agreed that the Madison sliould at- tack the Reindeer, and the Diligence the Ruby; then all went below but three men: ran down and passed the Reindeer, and the Madison approached the Reindeer, and we the Ruby; I hailed the Ruby, and told her to heave to, being only three of us on deck; I hailed again and tliey did not obey: then the crew came up; then the men on board the Ruby let go the gib sheets and fetched her up into the wind; then our crew, and the two clerks, and James Leighton, Skipper of the Diligence, went on board the Ruby and took possession of her; the men belonging to tlie barge left her and went on board the barge; we then lioisted American colors, discharged our muskets, and ran into Eastport; no muskets were fired till after the vessels were ictaken, and the men belonging to the barge had left them. BENJAMIN SMALL. J^A)vember 6, 1 824. Sworn to before Ether Shepley, Benjamin W. Coggins, of Lubec, master of the scliooner Fricod. of Lubec, on oath declares, that he sailed from Lubec, the 2()t!i of July last, and went on to tlie fishing ground four or five leagues from Grand Menan. On the twenty-fifth, seeing Small, of the Reindeer, going in, and wind blowing fresh, and water short, followed him into Tv.o Island harbor, anchored there about four o'clock, T. M. went ashore, and obtained wha< water I could, and got it on board about nine same evening: wind iuid then died away; 1 could not get out; at five next morning a light biijeze from noitl'. west, got under way, and went out in company with the Reindeer, Ruby, and Dili- gence; wind died awa}', and vessel floated with the current; barge of tlie Dotterel soon came iipcm ns; tlie other tluee lay together, and barge fired over tlicm; directed one to let go her anchor, and tiicn came to me. asked me what business I had tiicre. I told ln"m I was 50 [ 93 ] becalmed, and could not get out; he said that is a damned pretty answer to give me, when the wind was hlowing here a gale all day yesterday. I said yesterday I went to two Island harbor to obtain water. He then directed my sails to he hauled down and ray anclior to be let go, which was done; he then left me, and directed the other vessels to cast apart; they did so, and came to anchor; he boarded the lieindecr and took possession of her, and sent her crew on board of me, and they asked him, what if I would not take them? He told them to take my vessel then and go to Lubec. And I tlien took my boat, and went to see Jones, and asked him if he was going to send Kie to Lubec with the men? He said he was; and told me he would give me orders when 1 should get under way; in about half or three quarters of an hour he gave me a signal to get under way. I did so, sivA after getting out of sight, told the Reindeer's crew that if I could get u)) to Lubec belbi-e they got up, would get some assistance there, and go with the Friend and retake the Reindeer; came up as fast as I could, and my vessel grounded before I got in; then liove out the boat, and Reindeer's crew got into the boat with me and one of my crcw% and the Diligence towed us up to Lubec. Then went to the Revenue Cutter, Smith; told him the story, and asked him if he could not go and re take them as they came in by East Quoddy? He said he coi'.ld not, but gave me a line to the collector; the collector refus- ed to let the cutter go. Then went to the wharf and hailed my broth- er, v,ho was master of the Madison, and asked him if he would let the Madison go and re-take the Reindeer, if I could obtain a crew; he said he would. I called round to get men to go on board; got four, and two riiles, and two muskets, and two pistols, and powder and ball: took the men on board the Madison and went to Eastport; then, having seven men and four muskets, my brother having thecom- maud. when at Eastport hailed the men on the wharves, and asked them to send us two more muskets; they did send us two. and a man came with them; then run down and spoke the Diligence. Mr. How^- ard and Mr. Fields came on board, and it was agreed tiiat they should board the Ruby, and me the Reindeer. We then ran down for the Reindeer, a?fd they for the Ruby. We boarded the Reindeer first; my brother having chai'ge, and being on deck with one man and one Ijoy, the rest below. Brother hailed him and told him to heave to. Mr. Jones called his men to quarters. Brother told him he would give biffi five minutes to consider whether to' give the vessel up before he compelled him to do so, and run his vessel so near that we could step from one vessel to the other. Jones said, the first man that steps Iris foot on this vessel shall be a dead man. Brother then called all bands from below; and we went up with our muskets, seven of us, there being (mly ten men on board, besides two or three boys. Jones tlicn laid his sword down aitd said the vessel is yours. We put four men on board, and toM skipper Small to make his way to Eastport. Jones then went on board his barge with his men. Then brother hailed him; asked him to come on board the Madison and take Something to drink, and he did. He then said wc were good fellows [93] 51 for having retaken thcin; he took them according to his orders, but without any pro vocation, asid was glad we had got then*; lie then went his way, and we ouis. There was no gun (ired till alter the vessels were re-captnred. Mr. Howard is a lad, seventeen or eigh- teen years oldi has never been a captain of any compfiny of nulitia. I have hcaril that he was captain of a company of boys, in Eastport, who trained with wooden guns and swords. On the tvventy-nintii of August last, being on Grand Menan Bank, saw the Doticrel take possession of the Pilgrim, she beisig then about nine leagiies distant from the Grand Menan. The Madison was also caj)tured at the same time and place. The injury to ine, by breaking up my fishing cruise, has been five hundred dollaivs. B. W. COGGINS. Sworn to before Ether Suepiey. JVox'. 6, 18i24. Heniy Coggins, on oath, says, he has heard the statement signed by B. W. Coggins, read; is acquainted with the whole transactions on board the Friend, and knows them to be ti'uly stated. Saw the Pilgrim and Madison taken the twenty-ninth of August, on the bank, nine leagues distant from the island. HENRY COGGINS. Sworn to before Etuer Siiepley. JVov. 6, 1824. J^ovember 7th, 1824. I. Harding Clark, of Dennysville, master of the schooner Hero, of Dennysville, on oath, do testify and say, — That I sailed on the thir- teenth day of June last, fitted out for the fishery, and proceeded on to Grand Menan bank, and continued to fish until the sixteenth; then struck adrift in the fore part of the day — made an attempt to i*egain our ground, but not succeeding, the barge of the brig Dotterel came upon us, fired and boarded us — demanded our papers, which were given up, and took possession of the vessel, she being then from six to nine miles distant from the land — Two of my men were taken out, and two of his put on board my vessel, and I was directed to follow him. — I did follow and wait his movements for fourteen days, during which time he was employed in boarding vessels — Was, during the time, in Beaver, and other harbors. — Often asked him to let me and my crew go home, there being opportunities, but was denied. — One of the men being sick, was detained on board the barge, and did duty there, as did the other. At the expii'ation of the fourteen days, arrived at St. John's — were all there put onboard the Dotterel — were detained 52 C 9'^ ] there two days, with only one meal of victuals, and then put on shore and dismissed. — Captain told me he had given the vessel np to Cus- tom House — went to the Custom House; was there told he had not. — Asked if I could see the Captain again, and he was sent for, and he came — asked him to give up the vessel, telling him I did not consider hot' liable to seizure — he said he would think of it — said he wanted her for about a fortnight's cruise, and did not know but he should give her U[) to me then — I returned home, and went there in a foj-tnight, as he desired me. The Hero came in from a cruise three days after I arrived there, having been out cruising thirteen days. — She then took in sup- plies for another fortnight's cruise, and sailed again the same day, un- der the command of the pilot of the brig. Saw the Captain, and asked him if he would let me have the vessel, as he had agreed to — he said he had made a new arrangement, and should not let me have the vessel. I came home again and left her. When last at St. John's, I applied to Messrs. Crookshanks and Johnson, merchants of St. John's, to as- certain when she was libelled or proceeded against; and about three weeks ago, received a letter from them, stating that the Hero had not been libelled; but had been employed as a tender to the Dotterel. — The vessel was owned by Manning Clark and myself. The loss is not less than nine hundred dollars. I have not been out before this season — this being the first and only cruise this season. HARDING CLARK. Sworn to before Ether Shepley. I, William Rumery, of Lubec, testify and say, that I was a han'J on board the schooner Madison, of Lubec, fitted out for the fisheries? that we sailed about the 25th of August last, and went on to Grand Mcnan Bank about twenty-one miles or more from land, and fished till the 29th of the same month; saw a brig bearing down upon us; soon hailed us; asked the name of the vessel; Skipper not being then on board, I answered, the Madison; sent a boat aboard, and ordered all the crew aboard the boat, and carried us on board the brig Dotte- rel; ordered the Madison under way for Halifax; ordered us under the forecastle deck among the goats and fowls, where we remained four days; gave bread and water to us once a day; arrived fourth day at Halifax, and set us all ashore but Robert Rumery; told us we must get a passage home as we could; we got a passage and came home, leaving the Madison at Halifax, where I suppose she is now. The fish and salt they sold out of her in harbors on the way before they arrived in Halifax. The injury and loss is about nine hundred dollars. I saw \^ inslow in irons at Halifax. WILLL4M RUMERY. ^^ovember 6fh, 1824. Sworn to before ETHER SHEPLEY. [ 93 ] 53 I, Robert Rumery, on oath, declare, that I have heard the state- ment signed by William Rumery read, and know that it is wholly true. I further state, that, after the remainder of the Madison's crew left us, I continued on board the Dotterel sixteen days^ my bro- ther William left me a little provision; after that was gone, I had nothing for two days; then had two-thirds of a seaman's ration, ex- cept grog; then got under way and came to L'Etau harbor. Deer Island; asked Lieutenant what he was going to do with me; said I should be carried to St. Johns, and put in prison until my trial, and, no doubt, I should be hung; then got under way, and went to St. John's; laid there four days, then was told I might go on shore; went ashore and thence home. I was a hand on board the Madison when she was going out and met the Diligence and Friend bringing in the crews of the Reindeer and Ruby that liad been captured. After learning the facts, we put about and ran into Lubec and anchored. Benjamin Small wanted us to go with them and help take the Reindeer and Ruby, as the Friend had got aground, and Capt. Ansel Coggins, of the Madison, agreed to go, and all the crew but one, and took on board seven or eight others; there were not more than twelve or, at most, fifteen on board; had a number of muskets, but no bayonets; then went down upon the Reindeer; our Skipper hailed them, and told them to heave to; Jones told his men to prepare for action; we hailed a second time, and Jones ordered the fore sheet cast off, and told Robert Small that he might take charge of his vessel and carry her to Eastport. Jones and his men went aboard the barge, having first come on board of us and drank some grog by invitation, and we went to Eastport. No guns were fired till after the Reindeer was retaken, and Jones had left us and gone on board of his barge, and then only by way of rejoicing. ROBERT RUMERY. jyovember 6th, 1824. Sworn to before ETHER SHEPLEY. Dr. The United States to Ether Shepleij. 1824. J^'ov. 16. To services making inquiry relating to the diffi- culties between our fishermen, and the officers of the British armed brig Dotterel; travelled 540 miles; took twenty-seven depositions; ab- sent nineteen days, and expenses, - - g 250 00 Received payment, ETHER SHEPLEY. 54 [ 93 ] . Columbia, September 27, 1824. Sir: Enclosed is a regular protest, in relation to tlie capture of the schooner Rebecca, which case, with others, it is hoped, will re- «eive the attention of Government. Respectfully, your obedient servant, STEPHEN EMERY. Hon. John Quincy Adams, Secretai'y of State. Ujvitep States of America. State of Maine,! ff'ashington, J Be it known that on the twelfth day of July, in the year of our Lord one thousand eight hundred and twenty-four, personally ap- peared befoi-e mc, Solomon Thayer, Notary Public, by legal author- ity duly admitted and sworn, and dwelling at Lubec, state and coun- ty aforesaid, Jones Wass, master of the schooner Rebecca, of Addi- son, and noted his protest. And now, on this ninth day of Septem- ber, A D. {824, he again appears to extend the same; and with him, also appears John Wright, fisherman, belonging to the said schoon- er, who, being severally sworn, do depose and say, that, on the twen- ty-ninth day of June, now last past, they;sailed in said schooner Re- becca from Addison, on a fishing cruize on the Grand Menan Banks, and arrived there on Thursday, the first day pf July, and commenced fishing at a distance of fifteen miles from land — continued to fish dur- ing that day. On the next night, the wind springing up quite fresh, were obliged to run in to Grand Menan for a harbor. Arrived at Duck Island, so called, and anchored at two o'clock Friday morning; went on shoie, and obtained a barrel of water, having a lialf barrel only on board. In about an hour from the time of anchoring, saw an armed boat making towards us; up anchor and stood to sea. The armed boat gave chace, and continued it all the next day, frequently firing muskets at the schooner Rebecca. As soon as it came on dark she lost sight of us, we were then near the Nova Scotia shore. We then put back to Grand Menan, and arrived there the next morning. Immediately made for the fishing banks, and continued to fish there that day. At night, the wind blowing quite fresh, run in for a harbor. The next day, being the fourth of July, and Sunday, went on to the banks and anchored; the next moi-ning commenced fishing, and caught twenty quintals. The following nigl)t, wind fresh, hove up, and laid to under our foresail until morning; tjjen run into Bucks rock, so called, near Giand Menan, to procure wood, and to dress our fish. In about half an hour after we arrived, the same boat that had chased us OH Friday, came upon us, and took forcible possession of the Re- [ 93 ] 55 becca, and her papers, ordered her underweigh, and took her to the city of St. John's, and stripped her. The declarants further say, that during said cruize, they did not fish within from twelve to fifteen miles from Grand Menan, nor run in near the land, unless to get water, purchase wood, and from stiess of weather. The said Jones Wass, for liimself, saith, that, on the seventh day of Septemher, now current, he left the city of St. John's, where he had been to solicit the liberation of the said schortner Rebecca, but that said schooner had not then been libelled for trial, and tliat he Avas told by » hai'les J- Peters, tlie Judge of the Vice Admiralty Courts for the Province of New Brunswick, it was uncertain when she wonld be. Wlierefore, they do protest, and I, the said Notary, in their be- half, do solemnly protest, against said armed boat, against pirates, and the wanton abuse of power by armed boats on the high seas, un- der pretence of authority; against being deprived of rights, confirm- ed to American fishermen by the convention 'with Great Bsitain of 1818, and against winds, seas, and tides, and whatsoever else may have caused the capture, and wanton detention, of the said schooner Rebecca, of Addison. JONES WASS, JOHN WRIGHT. In faith whereof, I have hereunto affixed my seal, and sub- scribed my name, the ninth day of Sej)tember, A. D. fsEAL.] eighteen hundred and twenty-four. SOLOMON THAYER. JVotary PuUic, LIBRftRY OF CONGRESS 002 875 366 4 i