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WOASSAGIS
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PRESIDENT OF THE UNITED STATES,

TRANSMITTING

Copies of A Correspondence, Ke.

f UPON THE SUBJECT OF
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The Capture and Detention, by British Armed Fessels,

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OF
AMERICAN FISHERMEN, *

DURING THE LAST SEASON.

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Fi.cevarRy 18, 1825.
Read, and ie fe.,2d+g . .e Committee of Foreign Relations.

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WASHINGTON:

PRINTED BY GALES €9 SUATON:

1825.

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[ 98 ]

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 Ist 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.

r93q

LIST OF PAPERS.

» ese 2A

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 Ficket 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 Q3,
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. Emery 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 ie

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 Jones Wass, and John Wright, November 1, 1824.

of Charles Tabbut and Josiah W. Perry Q,
of Christopher Wass and Jones Wass 1,
of Joel M‘Kinsey 3,
of Otis Bryant and Moses Smith 3;

of Jacob Winslow ins
of Wm. Howard, Benj. Newman, and Thos, Brown, 6,

S [98 she :

Elisha Small and Benjamin Small, November 6, 1824.
6

B. W. Coggins and Henry Coggins, ,

Affidavit of
of
7;

of Harding Clark,
of Wm. Rumery and Robert Rumney 6,
Mr. Emery to the Secretary of State, September 27, 1824. Copy.
Protest, Jones Wass and J ohn Wright, in case of ‘ Rebecca,” schooner.

Copy.

> -.

L 93 J 9

Mr. Brent to Mr. Addington, dated
September 8th, 1824.

Sir: I have the honor to transmit to you three memorials from sun-
dry citizens of the United States, belonging to the state of Maine, ac-
companied by seven protests and aflidavits, which exhibit the nature
and extent of the facts referred to by the memorialists, complainmg of
the interruption 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 Dotterel, commanded by Captain Hear, and another ves-
sel, a provincial cutter of New Brunswick, acting under the orders of
that oflicer; and earnestly soliciting the interposition of this Gove
ernment, to procure for them suitable redress. With this view, I
was 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 sufferers the 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 ins
volve, in the use of the same fisheries; and [ 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, 27 th of July, 1824,

Do. of J. G. Faxon.
Do. of Aaron Hayden, John Burgin, and others,

oo

£0 [ 96 J

To the Hon. Joun Quincy ApamMs,
Secretary of State for the United States.

The memorial of the undersigned, merchants and ship owners, resid:
ing at Eastport, in the county of Washington and state of Maine,
RESPECTFULLY REPRESENTS:

That your memorialists, during the present year, have invested a
larger amount of property in vessels than they have heretofore done,
for the purpose of carrying on the business of fishing; that the indus-
try and enterprise of our seamen have been unusually directed to the
employment of taking and curing fish, under the encouraging and be-
neficial laws of their country; and that, without interruption from a
foreign power, their labors would have been crowned with success,
and they would have enjoyed the fruits of their toil.

Hut your memorialists have to regret the necessity which compels
them te state to the Hon. Secretary their grievances, and requires of
them to seek redress, through him, for the many acts of violence and
injustice which have been committed by his Britanic 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 these two cr three years last past. have been interrupted
and taken by British armed vessels, while fishing agreably to the pro-
visions of the treaty, beg leave respectfully to state, that, during the
present year, the British armed brig Dotterel has captured nine sail
of fishing vessels, and sent some of them into the province of New-
‘Brunswick for adjudication, while others have been converted into
tenders, without trial, for the purpose ef 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, that they
would take American fishermen wherever they were to be found, and
without regard to the treaty.

That the brig’s barge has come into the wharf at Eastport, and
taken and carried away two boats laden with flour.

That the American fishermen have been so molested on the fishing
ground in the Bay of Fundy, common to both countries, that they
dare not again attempt to avail themselves of the rights and privileges
secured to them by treaty, and which are well defined and well un-
derstood by every fisherman; and, inasmuch as they are debarred the
privilege of making a harbor, for the purposes of shelter, and pur-
chase wood, and procure water, it operates as a deprivation of a great
and important 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 Injury
io private interest, and not without an infringement of public rights.

Referring the Hon. Secretary, therefore, to the annexed aflidavits
of the masters of three of the captured vessels, and holding ourselves

[ 93] ti

responsible for the truth of the above allegations, your memorialists
respectfully request that some prompt and eilicient measures may be
adopted by our Government, to protect us in our riguts and pursuits,
and that our fishermen may not be molested, nor our shores invaded:
with impunity by the subjects of any foreign power:

Aaron Hayden,
John Burgin,
Samuel Wheeler,
George ilobbs,
Elijah D. Green,
Joseph C. Noyes,
N. F. Deering,
I. i. Emery,
Lorenzo Sabing,.
Jonathan Buck,
Ezekiel Prince,
Isaac Hobbs,
Jolin Wehster,
Kdward Usley,,
John Norton,

Charles Brooks, °

John Davis,
Bucknam & Gannison,,
Daniel Kilty,

Samuel Sturns,.

©. S. Livermore,
Edward Baker,

G. Lamprey,
Benjamin B. Leavitt,
James M. Lincoln,
Joun TY. Jones,
Nathan Bucknain,.
‘Thomas Green,
Benjamin Buckram.
John Shaw,

Caleb Chace,

W. Eustis,

Jerry Bunain, Willam M. Brooks.

Abel Stephens,.

Suly 27, 1824.
EE ee

Eastrort, July 27th, 1824.

I, Robert Small, master of the schooner Reindeer. of Lubec, do-
testify, declare, and say. that I sailed from Lubec, in the state of
Maine, in the above schooner, on the 22d day of July, 1824, on a fish-
ing voyage in the Bay of Fundy. Gn Sunday the 25th July, finding
our water very bad, went into a harbor in an uninhabited place cal-
led «* Two Isiands,” near Grand Menan, for the purpose of procuring
afresh supply of wood and water. hat we picked up about one
cord of drift wooed from off the beach of said island, and filed two
barrels of water: frony a spring or brook on said island. And on
Monday morning following, about 4 o’clock, got under weigh and
towed out of the harbor—it being calm; and when from one to two
miles from the shore, we were boarded by a barge from the British
man of war brig Dotterel, containing nine men, with arms, &e. com-
manded by an officer from said brig, of the name of Janes. who took
possession of my vessel and papers, and brought her to anchor; me-
nacing myself and crew with vivlence; threatening our lives. &c.
They then took out all our crew, with the exception of myself, put
them on board the schooner Friend, Coggins, of Lubec, which vessel
they also captured, and made a cartel of, as they termed it; manned
my vessel, and ordered her for St. Andrew’s, New Brunswick.

While on our voyage, we had caught no fish within from six to-

42 [93]

eighteen miles from shore. We had no goods or merchandise on
board, nor did we go into a harbor for any other purpose than to
procure wood and water. ROBERT SMALL.

STATE oF MAINE, be
WASHINGTON. f

Then personally appeared, the said Robert Small, and made so-
temn oath, that the foregoing statement, by him subscribed, was true,
before me,

FREDERICK HOBBS,
Justice of the Peace.
EE

Eastport, July 27, 1824.

I, Elisha Small, of Lubeck, Maine, on oath declare and say, that,
on the seventh of July inst. I left Lubeck as master of the schooner
Ruby, ona fishing voyage in the Bay of Fundy, and on the 25th July,
being nearly destitute of wood and water, we made for the outer
islands Jying near Grand Menan, 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 then 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 up, 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 Captain Ficket, of the Diligent, to Lubeck with the
men. We had no merchandise on board the said schooner Ruby;
had 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, ae
Washington, ;

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 ] | 13

Eastport, July 27th, 1824,

I, Elias Ficket, master of the schooner Diligent, of Harrington*
Maine, do testify, declare, and say: ‘That, on the sixteenth of July,
eighteen hundred and twenty-four, I left Eastport, Maine, in the
above schooner, for a fishing voyage, in the Bay of Fundy; that, on
Sunday, the twenty-fifth of July, being nearly destitute of water, we
repaired to a place called **'T'wo 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 having 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 employment, and destroying our
fishery. I further declare, that we had no goods or merchandise 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
oflicers—threatening to shoot us, &c. &c. And they said their orders
were tocapture 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,
Washington, a

Then personally appeared the said Elias Ficket, and made solemn
oath, that the foregoing statement by him subscribed, was true, before
me,

FREDERICK HOBBS.
Justice of the Peace.

— —

To the Hon. Jonn Q. Apams,
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 1818, have

44 [ 93 ]

been enjoyed with but few interruptions, they are now, in a great
measure, cut off and prostrated. by the piratical conduct of the com-
mander of his Britanic Majesty’s brig Dotterel, and the officers under
his command, aided by the provincial Cutter attached to the port of
St. Andrew’s.

That the officer having the charge of the armed boats ordered to
cruise round Grand Menan and Campo Bello, has written instruc-
tions, which have been exhibited to our citizens, from the commander
of the Dotterel, to seize. and send into St. Andrew’s, all American
fishermen found within three marine miles of said Islands. ‘That,
under these orders, that officer, without any pretence other than such
instructions, has seized the following vessels:

Schooner Pilgrim, of Lubec, Woodward, master;

66 Hero, of Denneysville. Clark, oe
se Rebecca, of Addison, Wass, 66
ss Galeon, of Lubec, Hunt, “6
66 William, of Addison, Tabbuts, <
“a Ruby, of Lubec, E. Small, hy

66 Reia Deer, of Lubec, BR. Small,

The Pilgrim and the Hero were captured while under sail, stand-
ing for Lubec in distress, and more than three miles from said Grand
Menan. And, although this capture took place on the sixteenth day
of June last, said schooner Hero has not been sent in for trial, but
has been armed, and is still used as a tender to said Brig Dotterel, the
more easily to decoy other fishing vessels. The Rebecca went into
Grand Menan in distress for wood and 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, she was taken, and sent to St. Andrew’s. TheWilliam,
with one hundred and twenty quintals of fish on board, left the fish-
ing ground in distress for want of water, and had come to anchor
near the shore of Grand Menan; her sails were not handed, nor was
her boat launched from the deck to go on shore, when she was seized
and taken to St. Andrew’s. ‘Uhe Ruby and Reindeer went in to Two.
Island harbor for wood and water, near Grand Menan, and were im-
mediately seized.

We beg leave here to observe, that American fishermen have no
occasion nor inducement to violate the provisions of the aforesaid
convention; nor have they, as we firmly believe, in any instance.
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 this
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 offered the citizens of the Unit-
ed States by the British officers of the Dotterel and Provincial Cutter.

. { 93 J 45

fo claim these vessels in the Vice Admiralty courts in New
Brunswick, would be worse than a total loss: for, besides, the fact
that the claimant must give bonds to the amount of £60, currency of
New Brunswick, to pay costs of libel, whether condemnation takes
place or not, his vessel, should he prevail in a claim, (proverbially
hopeless) will come to his hands in a dismantled and ruinous state.
No care is taken of American vessels seized for a pretended violation
of British revenue laws: for, as they can never sail under British pa-
pers, but must be broken up or taken from the country, the seizing
officer has no inducement to keep them in good repair, with the ex-
pectation of being remuterated fur particular atteution by a more ad-
vantageous sale. Certificate of reasouable cause of seizure, to pre-
vent a suit for damages, is never refused by the Vice Admiralty
Judge of New Brunswick, to a British naval officer, when the pro-
yer application is made. ‘Vo appeal, therefore, to the Provincial
Jourts for redress would be worse than unavailing. If would only
aggravate the damages already sustained,

‘lo the successful advocate of the rights of American fishermen, if
need not be urged, that this state of things is peculiarly vexatious and
xuinous. To the owners and crews of the vessels detained, and to
their families, if is, in many instances, oppressive and distrvessing—
and they are left without redress, unless their own Government in-
terpose. ‘L'o that Government they appeal; and they do it with fulk
confidence that their complaints will be heard, and their wrongs re-
dressed.

ugust 16, 1824.

Sol. Thayer
ilayden and Killey
John Norton & Co.
John A. Baskum
Ben}. Bucknam
Ethel Olmstead
Join Wehster

A. Barnard

Oliver & James Glover
Daniel Young
Daniel Pease
William H. Tyler
Joseph Whitney
A. P. Mills
Joshua Gibbs
Samuel Miars

J. Boynton
George & Isaac Hobbs
Samuel Wheeler
Green & Shaw

W. Eustis

Darius Pearn

Buck & Tinkham
Ken}. B. Leawell
James M. Lincoln
Buacknan & Gunnison
John G. Faxon
Joseph Sumner
Davenport Tucker
Jeremiah Fowler
Moses Faller

F. A. & O. Burrall
Calvin Gibbs
Darms & Noyes
William M. Brooks
Samuel B. Wadsworth
'T. Pilsbury

John Faxen
William Wass
William Nash

Jery Bevan

Lewis Putnam.

46 [ 93 ] rf

To the Honorable John Q. Adams, Secretary of State to the United
States.

The memorial of John Gardiner Faxon, merchant, 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, inthe Bay of Fundy, was seized and detained by part of the
officers 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; which seizure and detention is to the great damage of
the said J ohn G. Faxon; wherefore, 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 schooner Galeon; and your memorialist will ever
pray, &c.

And your memorialist further states, that the just value of the
schooner Galeon, with her cargo and equipments, at the time of her
capture and detention as aforesaid, was fifteen hundred dollars.

JOHN G, FAXON.

EE

Unrrep STATES oF AMERICA, m
State of Maine, Washington, J ~~

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
Public, by legal authority duly commissioned and sworn, and dwel-
ling at Lubec, county and state aforesaid, personally appeared, Har-
ding Clark, master of the pink sterned schooner Hero, of‘ Dennys-
ville, 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 Dennysville in said schooner Hero, fitted for a fishing cruize of
six weeks, and arrived 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 continued 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 alae king, 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 ] 1%

across said schooner Hero. She was rounded to, and an officer came
on board and took forcible possession of the vessel and her papers,

The declarants further depose and say, that they were kept some-
times on board said schooner, sometimes on board the Dotterel, or
some of her boats, from that time till the twenty-ninth day of said
June; and were allowed for a part of this time only one meal per
day. ‘That they were every night in harbor and near home; but
though they earnestly solicited to be set on shore, it was not granted
them, but were forced by threats and menaces that they would be 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-
tress in getting home.

The declarants further say, that said schooner Hero has been
manned and armed, and _ is still made use of as a tender for said brig
Dotterel, and has never been libelled or sent in for trial. And the
said Hardmg Clark for himself saith, that when he was set on shore
at St. John, his pocket-book and private papers were taken from him
and detained.

Wherefore 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 tie seizure pre detention of said schooner Hero, and for
all damages, costs, and expenses sustained, 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 revenue laws 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 high seas without a pretence of authority.
In faith whereof, I, the said Notary, have hereunto set my hand and
aflixed my seal of office, the day and year first above written.
SOLOMON THAYER, Notary Public.
HARDING CLARK.
WILLIAM H. N. BROWN.
EPHRAIM CLARK.

ee a

UNITED STATES,

Srarrt oF MAINE,
: SS.
Washington,

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

Ja

48 [93]

Lubec, state and county aforesaid, personally appeared Charles
Tabbut, master of the fishing schooner William, of Addison, and
noted his protest; and now, on the twenty 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
Reynolds, and Josiah W. Perry, fishermen belonging to said schooner
William, who being severally sworn, do declare and say:

‘That, on the first day of July, now last past. they sailed in said
schooner William, on a fishing cruize in the bay of Fundy, and an-
chored between what is called Mur-ground and the Grand Menan
Banks, a distance from nine to fifteen miles from land: that they con-
tinued there at anchor, and fishing till the fourteenth day of said
July, when, having only fifteen gallons of water on board, and that
unfit for use, it was thought prudent and necessary to run into Gull
Cove, Grand Menan, and obtain a supply. Arrived at Gull Cove
on the fifteenth of said July, at two P. M. and came to anchor. the
fog being extremely dense. The sails of the William were not hand-
ed, as if was intended to obtain water with all possible dispatch, and
return to the fishing ground. ‘hey had gone below, and were tak-
ing dinner, and not more than ten minutes from the time of anchor-
ing, the boat not-having been launched from the deck to go on shore,
when they were boarded by an armed launch, commanded by one
Jones, an officer of the English gun brig Dotterel, who demanded
their business—their papers, and took forcible possession of the ves-
sel. Jones sent his men below to examine the water casks, and as-
certain what quantity of water there was on board the William.
‘They reported there were three half casks of water below, one empty
barrel, and one with the hoops off. Mr. Jones was then told by these
declarants that the report of his men was incorrect; that one barrel
only had any water in it, and that but fifteen gallons, completely
unfit for use; that, besides this, there was a half barrel of molasses;
and a barrel with five or six gallons of beer. Mr. Jones ordered the
William under weigh—took her in nearer the shore—moored her in
a dangerous place and stripped her, and took the William’s boat,
carried it on shore, and gave out word that if any of the William’s
crew attempted to go on shore, or if any boat was called along side,
or ifhe beard any noise on board, he would shoot them. ‘They were
thus left till near sun-set, without a drop of water fit to drink, though
they frequently hailed Mr. Jones as he passed and repassed, and
stated to him their distress, and begged for water; their prayer was
wholly disregarded. About sun-setting, a vessel from Campu Bello
anchored along side, and by permission of the captain thereof, they
obtained from the shore a two gallon keg filled with water.

These declarants further say, that, when Mr. Jones became satis-
fied there was no water fit for use on board the William, in a violent
rage, he said * the American fishermen had been damned saucy to the
inhabitants on Grand Menan.” ‘he master of the William, one of
these declarants, replied that such an allegation did not apply te his
vessel; that he had always used the inhabitants as he wished to be

[ 93 4 £9.

treated himself. Jones then said “it was damned well for him he
had done so, for otherwise he should have confined him to the deck,
and cut himinto ounce pieces.”? ‘To this the masterof the Wiiliam
replied he should 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 she
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 comman4, against pirates and piratical seizures
and detentions of American fishermen, and whatsoever else caused
the forcible detention of said schooner William, and for all expenses,
costs, charges, and damages paid or sustained, or to be paid or sus-
tained by reason of said detention. And I, the said Notary, do so-
lemnly aver and declare, that said detention was not by reason of any
breach of the revenue laws of Great Britain, or of the province of
New Brunswick, done or committed by said schooner Wilham. or
any one on board thereof. but an’ unauthorized, a wanton, a piratical

act of the said Jones and his abettors.
~ CHARLES TABBUT,

BENJAMIN REYNOLDS,
JOSIAH W. PERRY,
THOMAS 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. ae

—

Unitrep Srates oF AMERICA.

State of Maine,
Washington, hs.

Be it known to all to whom these presents may come, that, on
this twenty-fourth day of July. in the year of our Lord one thousand
cight hundred and twenty-four, before me, Sclomon Thayer, Notary
Public, by legal authority duly commissioned and sworn, and resid-
ing at Lubec, state and county aforesaid, personally appeared Hub-
bard Hunt, junior, mate of the schooner Galeon, of Lubec, Nehemiah
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 Menan
Banks. On their way thither, and while doubling round the south-
erly end of Grand Menan, distant about six miles, with their colors
at mast-head, they were fired into by the St. Andrews’ Cutter,
McMaster commander, and ordered to come under said Cutter’s lee.

,
20 [ 93 ]

Mr. Baxter, an officer of said Cutter, came on board and demanded
her papers, sent his men into the hold to search her, and went him-
self for the same purpose into the cabin. After detaining the Galeon
about half an hour, she was permitted to proceed. Arrived on the
banks the same day, and commenced fishing; 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. Arrived at Beal’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
Charles Blumorten 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 mar ah could be discerned, to return to the banks,
they were boarded by an armed boat belonging to the, English brig Dot-
terell, and their papers demanded and taken. The vessel 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. Andrews, stripped, and made fast in the King’s
dock.

‘The declarants further depose and say, that, from the time they
left Lubec on the first day of said July, antil they run in in distress,
for want of wood and water, on the evening of the fifteenth of said
month, they had never been within three marine miles of Grand
Merhn, nor caught, or attempted to catch, any fish within from ten
to twenty miles thereof. That, after they were taken, the oflicer,
Mr. Jones, positively promised them that he would release the Galeon
as soon as she arrived at St. Andrews; and. it: was their reliance on
his promise, and the belief he could not be so wanton as te add insult
to injury, but that he would redeem his word, that they have not pro-
tested before. She is still retained. Wherefore, they new protest,
and I, the said Notary, 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 flag, without a pre-
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 I do aver, that the capture, 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 HUNY, Jun.
NEHEMIAH SMALL,
DANIEL TAYLOR, Jun.
JOHN HUNT,

EDWIN HUNT.

In faith whereof I, the said Notary, have hereunto set my hand and
seal of office, the day and year first abeve written.

SOLOMON THAYER,
Notary Public.

[ 93 ] 24

Unirrep STAvTEeEs oF AMERICA.

State of Maine,
Washington. .

To all to whom this public instrument of protest may come, be it
known, that, onthe twenty-second cay of June, now last past. before
me, Solomon Thayer, Notary Public, by legal authority duly com-
missioned and sworn, and dwelling at Lubec county, and state afore-
said, personally appeared, James Woodward, master of the fishing
schooner Pilgrim, of Lubec, and noted his protest; and now, on this
seventh day of August, in the year of our Lord one thousand eight
hundred and twenty-four, he again appears, and with him, also ap-
pear Jacob Wins!ow and James Woodward, jr. fishermen, who. being
severally sworn, do depose, declare, and say, that, on the eighth day
of June aforesaid, they sailed from Lubec on a fishing voyage to the
Grand Menan Ban k, so called; but owing to thick weaker and head
winds, did not get on the fishing ground till Monday the fourteenth
day of said June. 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 the fishing ground, nine miles from land, and then con-
tinued to fish till W ednesday the sixteenth day of said June, but
finding their only remaining anchor too light to hold the vessel in so
strong a current, weighed it and stood for Lubec to obtain a new
one. ‘The same day at about three P. M. were fired upon and brought
to by an armed boat belonging?to the English armed brig Dotterel,
who took their papers, and ordered Jacob Winslow and Benjamin
Scott, fishermen, on board the tender, putting one seaman and one
marine on board the Pilgrim. This,was done while the Pilgrim was
under weigh, and from [our to six miles from land. ‘Phe seamen in
the Pilgrim were ordered to follow the tender, which then steered
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 Flage’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 Wolf islands; at 6 P. M.
both vessels were ordered to heave to, and the Pilgrim’s boat to be
sent on board the tender. ‘Phe officer 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 Jess 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 19th, 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 the Pilgrim and stow them below. On the 20th, at 8 A.
M. were ordered to bend the sails and get 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 2ist. at 6 A.
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 declarants, knowing that
the Pilgrim had violated no law, nor any treaty or convention be-
tween the United States and Great Britain, and that they were de-
tained without the pretence of authority on the part of the officer of
the armed boat, got said Pilgrim 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 protest, and I, the said Notary, in their be-
half, do solemnly protest against said armed boat and the officer and
men on board thereof—against pirates and unlawful captures on the
high seas—against winds, tides. and whatsoever else, caused the de-
tention of said schooner Pilgrim, and:the loss of her papers, boat, &c.
and I, the said Notary, do aver, thabit was not by reason of a viola-
tion of any revenue law of Great Britain, committed by said schoon-
er Pilgrim, or any of her crew, but a wanton insult upon the Amer-
ican flag on the high seas, without a shadow of excuse, by an oflicer
of the British navy. rok

JAMES WOODWARD, Senr.
JACOB WINSLOW,
JAMES WOODWARD, Jr.

In faith whereof, I have hereunto set my hand and affixed my seal
of office, this seventh day of August, in the year of our Lord one thou-

sand eight hundred and twenty-four. —
SOLOMON THAYER, [1. s.]
Notary Public.

=
Ur. Brent to Mr. Addington, dated

21st SEPTEMBER, 1824.

Sir: I have the honor to transmit to you copies of some additional
papers which have been received at this office, upon the subject of the
interruption, likewise given by the same armed British Brig Dotterel,
to vessels of the United States employed in the prosecution of the
fishery in the Bay of Passamaquoddy, and elsewhere in the same
neighborhood, as particularly exemplified in the cases of the two schoo-
ners, Wiliam and Rebecca, which are fully stated in the enclosures,

[98] 23

and to pray the interposition of your good offices in behalf also of the
owners of these vessels, towards obtaining for them the indemnity to
which they may be justly entitled.
I have the honor to be,
with high consideration, Sir,
your obedient and humble servant,

DANIEL BRENT.
———e >

STATE OF MAINE,
County of Hashington, Columbia,

SEPTEMBER 6th, 1824.
To the Hon. Jonn Q. Anams,

Secretary of the Department of State.

Sir: Enclosed is a protest on account of the capture of the fishing
Schooner William of Addison in the county aforesaid, belonging to,
and owned by. the subscribers, citizens of the,United States. These
papers are enclosed for the purpose of procuring redress for the ins
jury and loss sutained. The said Schooner William was 41 tons bur-
then, and but four years old, with a new suit of sails and rigging,

cables, anchors &c. valued at © - - - g1000 00
120 Quintals fish on board at $3 per Quintal . - - $860 00
Bounty for said schooner - - - = 6262
Damages in consequence of said capture - - - 500 60

$2,022 62

All requisite evidence, should further be needed, will be furnished;
and the subscribers pray that such measures may be adopted, as shalt
lead to a redress for the loss and damage by them sustained.

WILLIAM WASS,
WILLIAM NASH.

EE

Sravre oF Marne, County oF WasnineTon,
Columbia, September 6, 1824.

Sir: The unjustifiable seizure and confiscation of certain fishing
vessels in the waters of Passamaquoddy Bay, it is hoped, will deserve
and receive the attention of Government. Enclosed is a protest
against the capture of the schooner Rebecca, of Addison, in the coun-

24 [ 93]

ty aforesaid, the property of Wilmot Wass, of the said Addison, a cit-
izen of the United States.
The schooner Rebecca, valued at $600 00
25 quintals fish, at $3 75 00
Bounty 94 50
Damage in consequence of capture 300 00
$1,069 50
In behalf of the said Wass, I have to request that such measures
may be adopted as will lead to redress of the loss and injury sustained
by him.
STHPHEN EMERY for
WiILMOT WASS.
To the Hon. Joun Q. Anas,
Secretary of the Department of State.

<a

Charles Tabbuts, master of the schooner William, of Addison, on
oath, deposeth and saith, that he sailed on board said schooner, on a
fishing cruise, on the Ist day of July, 1824; anchored between what
is called the Grand Menan Banks and the Murr-ground; continued at
anchor and fishing till the 14th of July, when, having on board only
fifteen gallons of water, and that unfit for use, it was determined best
to run into Gull-cove, and obtain a barrel of water; arrived there on
the 15th about 2 P. M. and came to anchor; the fog very thick; did
net 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 de-
manned, and taken into his possession. He demanded cur reasons for
being there, and was told them. He sent his men below, to see how
much water we had; they reported that there were three and a half
barrels of water below, oneempty 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 was 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 stripped her; took the boat and carried her on
shore, and gave orders that, if any of the William’s crew went on
shore, or any boat was called along side, 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 16th 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 there was
no water on board fit for use, that, in a violent rage, he told this 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,pieces. [told him that [ 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 TABBOTS.

STATE oF MAINE, ke
Washington, iG

On this 23d day of July, 1824, personally appeared before me
Charles Tabbuts, and made solemn oath to the truth of the foregoing

statement by him subscribed. ° .
SOLOMON THAYER,

J. P.. & Not. Pyb.

———
Mr. Brent to Mr. Shepley, Attorney U. S. for District of Maine.
: DEPARTMENT OF STATE,
Washington, October 8th, 1824.

Sim: 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
Chargé d’ Affaires, 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 the state of Maine,
and engaged in the Fisheries. against the commander of the British
armed brig Dotterel, for interruptions 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 employment during the
present 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 with 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 many of the 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 Charge
d’Affaires, and communicate the result to this Department, that the

4

26 | [ 93 ]

Secretary may be enabled, with the advantage of the counter-state-
ment to be thus expected, as I doubt not he will, to give Mr. Adding-
ton satisfactory explanations in relation to the transactions complain-
ed of by him; or otherwise, to direct such proceedings to be had, as
the circumstances of the whole case shall render advisable and proper.
Iam, with great respect,
Sir, your obedient and humble servant,
DANIEL BRENT.

Mr. Addington to Mr. Adams.
WasunineTton, Ocloher 5th, 1824.

Sin: [have the honor to 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 te have been detained, in
violation 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 shall not fail to communicate, without loss of time, the whole of
the papers relative to this matter, to the Admiral commanding His
Majesty’s naval forces at Halifax; and in so doing shall strongly re-
commend thata fall and impartial investigation be made into the me-
rits of the various cases therein reported; the result of which shall
be forthwith imparted to you whenever it comes to my knowledge.

Mean time, sir, | must inform you that a report of those very oc-
currences, of anature 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 therein made to appear, that the fishing vessels above-men-
tioned weredetained by the Dotterel solely on account of their having
been detected in the commission of a direct infraction of the treaties
existing between the two nations, having, in fact, been found pur-
suing their occapation without the boundaries assigned to them by
the term: of the convention of 1818.

On this point, however, the parties are at issue, each stating his
case according to his own view of it. Thus far, therefore, there is
ground for a candid and impartial investigation on both sides. Such
1 have recommended to Adimmival Lake. and such, I trust, you will
also cause to be instituted here.

But there is another point, sir, on which I lament that there should
be no ground for doubt or hesitation as to the course which Ihave 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 armed men, with muskets and fixed bayonets, amounting
to about one hundred, 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 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 offenders.

Whether the vessels were legally detained or not, such an act of
violence will bear no justification. If individuals are permitted to
expound the stipulations 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 pr oof, sir, in your own
hands, of the disposition of His Majesty’s Government to afford 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’s sloop Argus. That
act, you will recollect, was condemned as illegal by His Majesty’s
Ministers, and restitution ordered to be made ta 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.

I 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 [-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 7
Rear Admiral Lake to Mr. Addingion.

HaAirax, 9th September, 1824.

Sir: [have the honor to transmit to you a copy of a letter, dated
26th ultimo, from Captain Hoare, of His Majesty’s sloop Dotterel,
with 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 vessels, called the Reindeer and Ruby, were seized by the
Master of the Dotterel, in Two Island Harbor, Grand Menan, on the
26th of July, for a breach 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, by two schooners and an open boat,
under American colors, full of armed men with muskets and fixed
hayonets, 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 with the American schooner Mad-
ison, (by her papers Ansel Coggins, Master, ) which he was informed
was one of the vessels to which the men belonged wh» rescued the be-
forementioned vessels from his master; and that, finding on board
this vessel a man, named Daniel Rumney, whom one of the marines of
the Dotterel identified as one of the persons concerned in the rescue,
Captain 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
breach of the treaty; which vessel was afterwards rescued by some of
her crews in conjunction with 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, and a man named Winslow, who, Captain
Hoare was informed was one of those actively engaged in the forci-
ble rescue of the said vessel, she was taken possession of, and the
man (Winslow,) put on board the Dotterel as a prisoner.

As. in these transactions, His Majesty’s officers 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
lawful 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 J 29

continuance of such praceedings, and therefore request you 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 Admiral and Commander in Chief,

=
Captain Hoare to Rear Admiral Lake.
H. M. Stoop DoTTEREL, 26th Jugust, 1824.

Str: I have the honor to enclose the copy of a letter from the mas-
ier of His Majesty’s Sloop, under my command, detailing the circum-
stances of his having been attacked off Campobello by two armed
Schooners, under American colors, and that two American fishing
vessels, he had detained, were taken from him and carried into East-
port.

I have the honor, &c.
RICHARD HOARE, Commander.

———

John Jones, master, io Captain Hoare, of H. M. Sloop Dotierci.

H. M. Stoor Dorreret’s Boat,
St. Andrew's, N. B. 27th July, 1824.

Srr: I beg leave to represent, that, on the 25th inst. when cruizing
in the Yawl, in pursuance of your orders, off the Grand Menan, for
the protection of our fisheries, I received imformation of several
American fishing vessels being at anchor at I'wo 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 theiranchoring, they fired their muskets and told
the inhabitants they were armed, and would not allow any 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 fireearms and fish spears.
IT desired them to separate, which they refused to do until I threatened
to frre on them. On boarding, they proved to be the Reindeer, mas-
ier’s name, Small, and Ruby, master’s name, Small, (brothers,) of
Lubec, two fishing vessels, and Friend’s shallop, of the same place.

30 [93]

It being fine weather, and they not being in want of wood or
water, [ detained the Reindeer and Ruby, and put their crew, with
the exception of their masters, on board the two American schooners,
with provisions for a passage to Lubec, and made sail in the Reindeer
and Ruby for St. Andrews throngh East Quoddy. About six, P. M.
when abreast of Harbor de Lute, I observed two schooners and an
open boat, full of armed men, muskets and fixed bayonets, hoist-
ing American colors; one of them went along side. Mr. 'Towneau in
the Ruby, boarded and took the arms from him 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, f found there were in the two schooners about an hundred armed
men, (including the crews 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.

{ have the honor to be, &c.
JOHN JONES, master.

oe
Capt. Hoare to Rear Admiral Lake.
H. M. Stoop DorTTEREL,
% Halifax Harbor, Sept. 2, 1824,

Sire: I have the honor to inform you, that, while running past the
outer bank of the Grand Menan, on the 29th ult. on my passage to
this place, I fell in with the Madison, American fishing schooner,
(by her papers, Ansel Coggins, master) and, as I was 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 were 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, I
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
the Master; and, as some dates on the back of the papers relative to
her arrival and leaving Lubec at different periods, prove her to have

[ 93] 31

been at Lubec about the time of the Master’s having been attacked;
these circumstances, together, left no doubt in my mind of her being
the Madison, that, with another schooner, named the Diligence, at-
tacked the Master off 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 request 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 Rumney.

I have the honer to be, &c. ‘
RICHARD HOARE,
Commander,

———

Captain Hoare to Admiral Lake.

His Masesry’s snoop Dorrreret,
Halifax, September 2d, 1824.

Sim: [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 the 16th 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, I have 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 which affidavit you will see, sir, that a man by the name
of Winslow, one of the crew of the Pilgrim, was the most active per-
son in retaking her, and that he forced the cutlass from William
Paine and obliged him to go below. Under these circumstances, I
felt I should be justified in censidering 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 pleased to solicit the ad-
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,
Commander.

°

Admiral Lax.

32 | 93 {
Copy of ihe enclosure in the foregoing leiter.

William Paine, 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 fishing boat Pilgrim was seized for a viola-
tion of the treaty between the United States and Great Britain, and
the deponent, with 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
found the companion doors shut; this deponent then broke open the
companion deors, 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; he 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 thus endeavoring to get the vessel about, Winslow and Martin
suddenly 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 -# 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 Taal 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 had been overpowered and his arms taken
from him; that the Pilgrim was taken by Woodward and Winslow,
aided by Martin, to Lubec. This depovent 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, ue
Washington,

To all to whom these presents may come, Know ye, that, on this
twenty-second day of June, anno Domini 1824, before me, Solomon
Thayer, Notary Public, by legal authority duly commissioned and
sworn, and residing at Lubec, personally appeared the afore-named
William 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,
Notary Public.

[ 93 ] 33

Halifax, September 2d, 1824.
New Brunswick,
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 certity.
that, on this twenty-third day of June, 1824, William Paine, the per-
son in the aimexed instrument mentioned, appeared before me, and de-
clared the facts therein contained, which appear to me to be correct.
That Solomon Thayer 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.

ND, OWEN, J. P.

Ricuarp Hoare,

Commander of His Majesty’s sloop Dotterel.

— eee
Mr. Shepley to Mr. Adams.
Saco, November 16, 1824.

Str: 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 honor 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 enabied 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 fishermen; 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 aflirmed. 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 ali 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 af 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,

District Attorney.

a

34 [ 93}

I, Robert Small, master of the schooner Reindeer, of Lubec, on
oath, testify and say, that itis my practice, in fitting out for the
fisheries, to fill the barrels, which 1 use for oil barrels, with waters
and, as I use the water and empty the barrels, to fill them with oil.
{ purchased the barrels while fitting out this cruize, and did not see
them till after filled: there were 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 the water in six of my barrels was
salt, so that [ could not use it; the barrels having been used for salt-
ing beef and pork. Fnding my water 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
tor 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; the barge
came up and fired; ordered the anchor to be dropped, which was
done: the master of the barge then ordered us to part, the 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; tock the crew all out, and
put them on board the schooner Friend; then ‘took out the crew of
the Ruby, and put them on beard 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 up a little past Har-
bor de Lute, twa other vessels hove down’upén us;*one, the schooner
Madison, came down upon the Reindeer, there being about twenty
men an her deck, with muskets, but no bayonets upon them; Jones,
the master of the barge, being on board of the Reindeer, ordered all
hands, and directed them to fire into the Madison: I then said to him,
if you fire into that vessel, every man of you will be shot: he said,
I believe it; he then said,’ what do they want, and who are they? I
said to him, they are my neighbors: they want this vessel, and they
will have her: be then laid down his sword and said, I surrender;
unlocked his trunk, took out the papers of my vessel and the Ruby,
and gave them tame. Skipper, Coggins then invited him on board
the Madison; and upon my assuring him that he might go with per-
fect safety, he 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 charges
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 J 35

out again before morning. I saw no person; was not on shore; ne-
ver fired any musket on the island, nor did I ever state that I was
armed, or intetided to resist; had only one old musket on board;
fishermen always carry one or two: the crews of the vessels Rein-
deer, Ruby and Diligence, were not on board the 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-
pether 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 on 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 them; this was after the Ruby had been
surrendered. Ihave not fished any, within five to six miles of the
land this year. Thereis no fishing ground nearer the shore, nor any
object in going near shore, except for wood and water.
ROBERT SMALL:
Sworn to before,
ETHER SITEPLEY.
Movember, 5, 1824.

a

Paul Johnson, Junr. master of the Schooner Sally, of Eastport, on
oath declares, that he sailed; the thirteenth day of May last, fitted
out for the fishery on the Labrador Coast, and proceeded on the voy-
age; on the 4thof June, thé 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? [told him was bound to Labrador and thought I had a right
to makea 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 [ had broken the treaty; and should be detained. The next
morning my whole crew were taken out and put on board the Dotter-
el, and my vessel was manned from the Dotterel and sent on a cruise
to Cape Negro Harbor, about nine miles, there several small vessels
were boarded from us, continued there two days, then got under
weigh and proceeded back to Shelburne and anchored along side the
Dotterel. The captain then sent for me to come on board the Brig;
went on board, was asked if I was master of the Sally—answered
that I was. He said he did not know but my vessel would be condemn-
ed if he carried her in, but he should let me go, was told I must pay
for my men’s rations while they were on board the Dotterel, and I sent

36 f 93 J

on board the Dotterel fifteen pounds of pork and eighteen pounds of
bread, and then took my men on board again and proceeded on my
voyage. PAUL JOHNSON, Jun.
November 5th, 1824.
Sworn to before

ETHER SHEPLEY.

ee oT

i, Hebbert Hunt, skipper of the schooner Galleon, ofLubec, and
Daniel Joy, Jr. Nehemiah Small, John Hunt, hands on board, on
oath, testify and say, that we sailed, in said schooner, from Lubec,
the first day of July last, fitted out for the fisheries, and proceeded
for the fishing ground near Grand Menan Bank, being on the pas-
sage, and six miles distant from tne southwest head of the Island of
Great Menan, the Provincial Revenue Cutter, Mr. McMasters master,
came down upon us and fired upon us; ordered us under his lea. We
hove too under his lea; hesent his boat aboard; demanded the papers,
which were delivered; searched the vessel, and then dismissed us,
saying we might proceed on to the banks. We then proceeded to the
bank, and continued to fish fifteen days on and near the bank from
fifteen to eighteen miles distant from the land; then, being in want of
water, having lost part of our water-by injury accidentally happen-
ing to one of the casks, and being also in want of wood, found it ne-
cessary to make a port to ebtain wood and water; ran for the Island
of Grand Menan, and made it a little to the north of Woodward’s
Cove; obtained our water, and then proceeded to the mouth of Beale’s
Passage, toobtain wood, being unable to obtain it where we did our
water, and there obtained a boat load of drift wood; towards night,
being below eating our only meal for the day, having neither wood
or water to cook before, -were boarded from. the barge of the British
armed brig Dotterel; was asked where the vessel belonged; our pa- -
pers were demanded and delivered, and the vessel was immediately
ordered under way. ‘The skipper stated to the master of the barge
that he came only for wood and water; that he had not fished any
near the land, and thought he had done nothing which he was not
authorized to do by the treaty. ‘The master of the barge said, what
is the use of talking about the treaty—damn the treaty—I did not
come here to learn my lesson—TI learnt it before I came. One of the
hands, named Joy, was threatened to have his mouth gagged with
the pump bolt for conversing with some of the crew of the barge, and
was sent on shore on White Head Island; the vessel and remainder of
the crew were carried to St. Andrews; the vessel was afterwards
sold at St. Andrews; the crew were turned out of the vessel, and
every thing detained but our wearing apparel. The loss to the
owners and crew has been as much as one thousand dollars. —
We have been on board of the schooner during all the time she
was employed this season, until taken, and do positively aver that we
have not fished, at any time, within more than six miles of the land,
and have not, at any other time, been within any British harbor.

[93 ] 37

We also testify that, about the middle of June last, being on the
gravelly ground about nine miles southeast of the island of Grand
Menan, Jacob Winslow came on board of us from the schooner Pil-
grim, to borrow an anchor, stating that they had lost their anchor;
having broken one anchor, could not lend him one. ‘The next day,
the Pilgrim being at anchor about half a mile outside of us, and more
than nine miles from the land, soon got under way to go home and
obtain an anchor; and, having passed us nearly a mile toward the
land, a tender to the Dotterel came down upon her, and fired upon
her, and took possession of her, she then being eight miles to the south-
east of Grand Menan. The same day, about an hour after, the tender
took possession of the schooner Hero. of Dennisville, Clark master,
she being, at the time, about a mile outside of us, and ten miles south
tast of the Island of Grand Menan.

HEBBERD HUNT.
NEHEMIAH SMALL.
DANIEL JOY, Jr.
JOHN HUNT.
Sworn to before
ETHER SHEPLEY.
November 5th, 1824.

———<———

John G. Faxon, of Lubec, on oath declares, that he was the owner
of the Galleon, when she was captured by a barge of the brig Dotte-
rel. On or about the seventeenth day of July last, the Galleon hav-
ing been captured, and lying in Snug Cove in Campo Bello I went on
board of her, to leatn the reasons of her capture. The Master, Jones.
informed me, that he had no other reason for the capture, than find-
ing her in ‘a British Harbor in Grand Menan. I then asked him, if
he was not aware that we had a right to go in for wood and water;
he said he knew we had that right, but his orders were such, that he
was obliged to take all, whether in for that purpose or not, I asked
if he had known, or suspected my vessel had fished near the land.
He said, he never had. I then asked him, if he had not reason to be-
lieve they were in want of wood and water, when they went in. He
said he had, for the woow and water was on deck, not stowed away,
when he took them. [ then asked him, how long he supposed they
had beenlying at anchor. Ile said the men told him, three quarters
of an hour, and he liad no reason to believe otherwise. I then said,
by your own statement you ought not to have takenher. He said, he
should not have taken the Galleon, if he had not before taken the Wil-
liam, and should have let her go, if he could have done it, without ex:
cusing the William. He then said, as [ have tiem thus far, I must
carry them to St. Andrews; but I give you my word, your vessel wil!
not be detained two hours, I then rehearsed that part of the treaty
to him, authorizing our vessels to go in for wood and water. He said
they were authorized to take all vessels within three miles of the

88 [ 93 ]

Jand. Lafterward heard the orders given by the Captain to Jones,
read: they directed him very nearly, and I believe, exactly as follows:
«You will consider your cruising ground to be the Menan Is-
lands, Campo Bello, and the Island of Lubec. You will take all
American fishermen found within three miles of the land except in
extreme cases of distress, and carry them to St. Andrews, there take
an inventory of the articles on board, and deliver the same ta the Cus-
tom House.”
JOHN G. FAXON,
Sworn to, before ETHER SHELPEY.
Movember Gih 1824.

I further state that [sent an attorney to St. Andrews, to ascer-
tain the expediency of defending the vessel; that J learnt through him,
that I must first give a bond of seventy pounds to pay costs. That
the costs must be paid by me whether the defence was successful or
not, and that there was little prospect of obtaining a decree of restora-
tion without having an appeal entered; and that the expense attend-
ing the trial would probably exceed the value of the property; and
therefore declined making any defence.
aia JOHN G. FAXON.

Sworn to, before me,
November 6th, 1824 ETHER SHEPLEY.

—

I, Joues Wass, of Addison, in the state of Maine, testify, and say.
that i was master of the schooner Rebecea, of Addison, of the burthen
of about twenty-seven tons; that I sailed from’ Addison on the first
day of July, 1824% in'the said schooner, fitted out for the fisheries;
that I proceeded in said schooner, and made the «Mur Ground,” about
fifteen miles south east of the Island of Grand Menan, the same day,
and anchored the next morning; caught a few quintals of fish; it came
on to blow fresh, and I went in and anchored about halt-a-mile from
land, under the Island of Grand Menan; went a shore ina boat, with
a barrel, and cbtained a barrel of water, fer which I wént to the Isl-
and; and having put the water on board, pot under way, and stand-
ing off to the fishing ground, perceived the barge of the British gun
brig Dotterel giving chase, and continued to proceed on the same
course, the barge still pursuing till evening, it being about 3 o’clock,
P. M. when we Ieft the Island; the barge firing a number of times;
at dark we Jost sight of the barge, being then near the Nova Scotia
shore; then returned partly back to the fishing ground, and hove to
under the foresail. and the next morning came in and anchored at
Gull-cove in the Isle." of Grand Menan, “where were six other Ame-
rican vessels; got under way again an hour after sun-rise, and stood
out to seay the wind blew so fresh that we could not anchor on the
fishi ing ground that day, and we returned and anchored again at Gull-
cove. The next morning, being the fourth of July, got under way and

“fae y. 39

proceeded to the fishing-ground first mentioned, and on Monday, the
fifth, continued on the Mur Ground, fishing; on ‘Tuesday, the sixth of
July, in the morning, the wind blowing fresh, we hove up and laid
to under her foresail, and about 8 o’clock, A. M. weather being thick,
and nearly out of wood, went into or neav Gull-cove. About 10 0’clock,
the barge came alongside, all hands being employed in dressing fish,
and ordered us under way, and said he was going to carry us into St.
John’s; demanded my papers, which were given up. I declined navi-
gating my vessel by order from the barge, and the master of the barge
directed his own crew to get her under way, which was done. We
were carried to St. John’s in the Rebecca, and put us ashore, and we
made the best of our way home, leaving the vessel. She now lies at
the wharf in St. John’s. No libel or proceedings have ever been insti-
tuted against the Rebecca, that I can learn; and have learnt from the
collector of the port of St. Andrews, that, a few days since, she had
not been Jibelled. ‘The Rebecca was owned wholly in Addison, by
Wiimot Wass, Lemuel Wass, and myself. ‘The place in Grand Menan,
called Gull-cove, had been formerly pointed out by the British author-
ities on the Island, as well as on the water, as the place where we
should be permitted to anchor and throw the ‘gursy”? overboard.
The loss to the owners must be at least seven hundred dollars.
~ JONES WASS.
«Vovember 1, 1824.

Sworn to before me,
Eruer SHEPLEY,

: ‘

I, John Wrizht, 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.

November 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; had 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. Lasked 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 which I replied, that I had never been ill used by the in-
habitants, nor ill used them; 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 ef the boat, and without water, and lying ina dangerous
place. The 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
Menan, 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.
November 2, 1824.

Sworn to, before i#

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.

November 2, 1824.

Sworn to, before
ETHER SHEPLEY.

[ $3 } 44

I, Christopher Wass, on oath declare, that I was managing master
of the schooner Sea Flower, of Addison, my son being master, and
sick on shore, and the vessel having, during the previous part of the
season, been employed in the fisheries, and sailed 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. The wind, during the night, drew into the northe
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 head of Grand
Menan, bearing north by east; made the Mur Rocks, and cbliged to
go between them, and fetched in to Kent’s Island near Grand Menan,
being Thursday morning. Friday and Saturday blowing fresh and
storming, could not mend our sail. Sunday continuing to blow fresh,
laid still. Monday went out on to the outer pari of the rips, five or
six miles from the land; caught 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 carried away our fore-shrouds;
hauled down the foresail and ran in to the same harbor again. Wed-
nesday morning was boarded 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 much 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
Joss 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 the

last few days.
CHRISTOPHER WASS.
WVovember 1st, 1824.
Sworn to before
Eruer 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 oath, declare the facts therein stated are wholly true.

JONES WASS.
November ist, 1824.
Sworn to beforeE THER SHEPLEY,

6

42 [ 93]

I, Joel McKinsey, on oath, declare that I was a hand on board the
boat Rover, of Addison, fitted out for the fisheries; that we sailed|the 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 the 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 between us and Grand Menan eastward, and
went 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 us, 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 boat, 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.

*

November 3d, 1824.

Sworn to before
ETHER SHEPLEY.

Ee

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
proceed on to the fishing grounds, and remained in Little River eight
days, and then proceeded toward the island of Grand Menan being
from three to four miles distant from the south west point of the isl-
and, the tender of the British 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; the boat started for St. Andrews. The loss to the owner and crew
must be two hundred and fifty dollars.
OTIS BRYANT.
eVovember 2, 1824.

Sworn to before
ETHER SHEPLEY.

4

the boat, knows the facts therein stated are true.

[93 ] 43

Meses Smith, on oath, declares, that he has attended to and heard
read the statement signed by Otis Bryant, and being a hand on board

MOSES SMITH.
Sworn to before
ETHER SHEPLEY,
WVovember 3, 1824.

Ee

I, Jacob Winslow, of Dennysville, being a hand on board of the
schooner Pilgrim, of Dennysville, James Woodward master, sailed
from Lubec about the 11th day of June last, and proceeded on to the
outer grounds of the Island of Grand Menan, and began to fish the
14th, being then from 10 to 12 miles distant from the Island—wind
blowing fresh, and tide strong, broke an anchor, and struck adrift—
got under way, and dressed one fish. The next day went on board
of the Galleon, Hunt, to borrow an anchor, and could not obtain ones
next morning anchored on the ground called the gravelly bottom,
near the schooners Galleon and Hero, and distant from 8 to 10 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 light one, concluded to go home to get one; about
half an hour after, a vessel from the southeast came down upon us,
and fired several times. came on board, and proved to be a tender to
the British armed brig Dottere!, demanded, and took our papers, and
took out two ofthe hands, myself and Benjamin Scott, and put us on
board the tender; asked us what we were doing there, and answered
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; said he had never seen it be-
fore; was told it was the Island of Grand Menan; asked if there was
any harbor into which I could pilot him, and being informed there
was, asked me to pilot him in, which IF did; before was carried in,
master of the tender asked what vessel was ahead of us, told him did
not know; he said he would know, and bore down upon her, directing
the Pilgrim to follow; he ordered a marine to fire upon the vessel,
and he fired several times; soon came up with her, and she proved to
be the schooner Hero, and boarded her; inquired why they did not
heave too at the first fire; master of the Hero answered him, that no
colors were shewn, and he did not know that any thing was want-
ed of him; the papers of the Hero were then demanded, and delivered,
and two men taken from her and put on board the tender, and two of
the tender’s men put on board the schooner; the tender was then
piloted into a harbor by me, taking with ber the Pilgrim and Hero;
master of the tender inquired if there was any custom-house officer of
His Majesty on the Island; being informed there was not, then asked
if there was any other King’s officer, and wes told there was not, ex-
cept a pilot; then went ashore, and examined till about 11 o’clock at

44 [93]

night, when, with difficulty, he came aboard again, and was very
violent; laid there three days. then got under way, and went up to
the W olves Islands; and went ashore; tarried there a short time, then
asked me to pilot him into Beaver harbors there ordered all sails of
his own and the two other vessels unbent. and carried on shore; then
asked him to permit me to go home, as I had done before, but he re-
fused; told him, would give him a bill of sale of the boat if he would
let me go, she being minc. but he declined; I complained of hard treat-
ment, and he threatened to shost me, and to tie me; next morning
directed sails brought on board and vent; got under way, and beat aa
of the harbor. bound, as he said. to St. Jon? 33 saw a Vessel, and in-
quired if had seen an armed brig, being answered that had seen her
at St. John’s, we returned to Beacth harbor, and tarried that night,
then started again for St. Johns; beat up about half way to St. John’s,
and anchored in a place called Mason’s Bay in the evening; about 10
o’clock the cockswain came on board the Pilgrim, I having been previ-
ously sent on board of her tosleep, and brought a pint of rum, and order-
ed men to keep astrict waich, and ieft us; as soon as the lights were out
on board the tender, one of the men on board of us from the tender being
below asieep, the othtr one proposed going away with the Pilgrim to the
United States. Weeoon got the Pi iigrim under way, and started for
Lubec. The man who was below asleep then came on deck, and ask-
ed where we were going. I told him to Lubec. He told me as there
was but little wind, he theught we should be caught; and had better
goback. i said we would keep out of their reach. He said, if taken,
they would shcot him; and then went below, and soon came up with
two cutlasses, and said he would ¢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 frem harm, in case we should be taken; he
having agreed, before we started, to the adventure; and he ordered the
man to desist who was rowing, then knocked off Captain Woodward’s
hat. IJ then went and teok one of the sword’s from him, and the
other he laid dewn, and went below. We came on home to Lubec
with the vessci, cbiained an anchor, and in four or five days after
sailed again on to the bank of Grand Menan, fifteen miles or more
distant from the Island, and continued there fishing four or five days;
one of the men who came irom the Dotterel still continuing with us,
by his own desire. Was informed that the schooner Hero, an Ame-
rican vessel, which had been captured, was 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 weeks, and then returned to Dennysville, and wash-
ed out our fish, and eight days after sailed again, and went on to
Marblehead Bank, 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 anchor ed, and
Jaid ‘to, being Sunday, and all turned in. Soon the brig Dotterel
came upon us, and sent a boat with five men on board, with cutlasses

«

[ 93 ] 45

drawn—inquired for Martin, the man who lad come away with us,
and continued to fish with us. I told him I did not know—belhieved
he had goue to Boston; asked me if I was skipper of the vessel, and
answered I was in place of one; asked for the papers, and I declined
delivering them; told him they had one set of her papers; was told to
get into the boat and go on board the brig, and did so. ‘They then
got the Pilgrim under way; the captain of the Dotterel asked my
name; was told it; said he had got a preity good history of my cha-
racter; told him t had not robbed any boty, or killed any one, or
stole any thing; he asked for Martin; was told I 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 | may gohome, shall be much obliged to you Home! said he;
yes; if you want to go home, i will carry you home to Hatitax,
where I will have you tried and hung. Tf asked him to let me go on
board tre 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 goand get them; asked him if he was to give me any thing
to eat; he said no; asked him if I should fetch some provisions from
my own vessel, and how much; he said ietch a week’s provision;
went aboard the Pilgrim, and was putting up some provision,
when Jones, who was on board, and had command of the Pil-
grim, called me up; told him the Captain told tac to get some
provision, but he would not permit me to get more than twelve or
fourteen biscuit, and four or five pounds of pork; was ordered to get.
into the boat and go on board the brig. By this time they had dearer
ed in the hole of the vessel, and found Martin hid there, and put him
in the boat. When we went on board the brig, found five or six ma-
rines, with muskets and fixed bayonets. ‘They took Martin and car-
ried him below. I was sent aft, and kept there, guarded by marines,
till eight or nine o’clock in the evening. Soon after, was sent down
the after hatchway, and shackies put upon my ancles, and a large bar
of iron put through them and fastened to the deck, and an old sail,
with the ropes in it, given me to lic on; and thus IT was kept four
days, then took out and carried me under guard upon the quarter
deck, where I found the officers paraded. Captain charged me with
threatening their men’s lives, and threatening to throw them over-
board; I told him Thad done no such thing: he said Paine (who was
the man on board the Pilgrim that came up with the swords) had told
him so, and that I would have done so unless I had been prevented b

Scott, one of my own men. I told him I could not have used a brother
‘better than I did Paine. Captain then said if I would tell him where
the Ruby and Reindeer were, would let me go with iny vessel. Told
him did not know, and if I did would net tel! lhim.—We had now ar-
rived at Halifax—asked the Captain what he should do with me—he
said I should be carried to St. John’s and hanged. Asked him for
something to eat, telling him my own provisions were all gone—he
said ] ought not to have any thing to eat. ‘The next day I asked him
again for something to eat, having had nothing—.said he had not yet

.

46 [ 93°]

seen the Admiral, and I could have nothing till he had seen him. I
then told him I had robbed no one, was no pirate, but thought he was;
for if i was to be put to death he should do it like a man, and not
starve me to death—told him i wished to go ashore and be put in pri-
son. . On the fourth day after I made application for food, and had
none for all this time, was taken on deck, told I was to go to St.
John’s to be hung, and two-thirds of a sailor’s allowance given me,
and continued this way sixteen days, and then came out and cameon
to the banks of Grand Menan; and the next morning made a harbor
in New Brunswick; then went to St. John’s, and Captain went on
shore, and came back, and sent the Pilot down tome, whe told me to
go to the Captain and tell him that you will give him a bond for sixty
doliars to bring the vesse! to St. John’s, and lie will give you an order
for her, and you take good care not to fetch her here. I went up, and
Captain said, I suppose you want to go home, don’t you? I answer-
ed yes. I suppose if you went home you would give me a pretty
name, would you? Told him [ would give him no worse name than
he deserved. Then asked if ever [ was in jail there. Told him no.
He said I should be before night. Told him I shouid prefer that to
being on board. He then told meif Thad any friends in St. John’s
that would give him a bond for forty dollars, I might go to Halifax
and get my vessel, and bring her to St. John’s. I went ashore in his
boat, procured a bond, and brought it to him; then told me I must not
give him a bad name, but be thankful that he had Jet me go and given
me my vessel; took the bond for forty dellars to deliver the. vessel
there in thirty days, and gave me an order for my vessel—said, you
will take care, I suppose, not to come with her. Told him thought £
should. I then quit his vessel, and came directly home. The vesse]
is stiJl at Halifax, [suppose, I have not been after her.-——The above is
a true history of the whole proceedings of the Pilgrim this season.
I have been in her all the time. She has never been in any British
harbor except where menticned, nor fished in any other place than is
above stated.—The loss of pr operty is one thousand dollars.
JACOB WINSLOW.
November 5, 1824.--Sworn to before
ETuer SHEPLEY.

ie

William Howard, aged fourteen, on oath declares, that he, 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 there about
an hour and an half; then went towards Casco Bay Island, and fish-
ed perhaps three quarters of an hour—then started to come home;
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 boat 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 went 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.
«Vovember 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.

Vovember 6, 1824,
Sworn to, before

ETHER SHEPLEY.

oo

Thomas Brown on oath deciares, that he was tle owner of asmall
boat which William Howard, and two other boys, took and went out
to fish ins they came back without the boat, and said she was taken
from them by the Dotterel. I went to St. Andrews to find her, and
asked one of the officers of the Dotterel 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. I 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 Detterel. She cost me about twenty-two or three
dollars, with the apparatus.
THOMAS BROWN.
eVovember 6, 1824.

Sworn to, before
ETHER SHEPLEY.

a eee

I, Elisha Small, master of the schooner Ruby, of Lubec, 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 harbor, to procure
wood and water; this was the twenty-fifth of July, in the afternoon,

48 | [93 }

and laid there till the next morning, having obtained my wood and
water; and by five o’clock next morning, got under way to go out of
the harbor; soon saw the barge of the Dotterel lying under the Green
Isilands,and said to the others, weshould be taken; the wind died away;
we were becalmed, and the barge came down upon us and took us. The
Reindeer, the Friend, and the Diligence being near, small lines were
passed from my vessel to the Retndcer and the Diligence, I being be-
tween them. When the barge came within, say one hundred rods,
she fired over our heads, and then a second time near us without
speaking us; then came 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 rods distant; then
came again with their arms for action, and ordered us to cast apart,
which was done; the reason we did not cast apart at first was, that
we did not fully understand the order; then took possession of the
Reindeer. I then went on board the Reindeer; he then came and
took possession of the Ruby. L[asked why he tovuk me; and asked
him if I was not allowed to go in for wood and water: he said I was;
but it was time I was out; told him I 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 care 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 board thejFriend, and
told the Friend and Diligence they might go; puta Midshipman and
three men on board the Ruby, and directed them to follow him to St.
Andrews, he being on board the Reindeer. We beat up round East
Quoddy, and got up opposite Indian Island when the Diligence and
Madison came uponus. The Diligence came upon the Ruby, hav-
ing her own ‘crew and five of my 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 three vessels which were connected in T'wo 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
either 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, think it pru-
dent to trust her at sea again. The loss to the owner and crew will
be five hundred dollars.
ELISHA SMALL.
November 61h, 1824.
Sworn to before ErHeR SHEPLEY.

[93]. 49

I, Benjamin Small, on oath declare, that I was a hand on board the
schooner Ruby when she was taken by the Dotterel; that the state-
ment of facts signed by Elisha Small has been read to me, and J
know ali 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, and 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 me; there being then
twelve in all on board, having seven muskets, and two pistols, and
two bayonets only, and went down behind Indian Island waiting for
them, laid there about haifan hoar and saw the Madison coming
down; she spoke us, and Fields and Howard went on board the Ma-
dison, and then returned, having agreed that the Madison should at-
tack the Reindeer, and the Diligence the Ruby; then all went below
but three mea; 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 they 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 “pelonging to the barge left her and went on board the barge; we
then feed ie awe colors, discharged our muskets, and ran into
Eastport; no muskets were fired till after the vessels were retaken,
and the men belonging to the barge had left them.

BENJAMIN SMALL,

November 6, 1824.

Sworn to before ErHerR SHEPLEY,

~~ ES

Benjamin W. Coggins, of Lubec, master of the schooner Friend,
of Lubec, on oath declares, that he sailed from Lubec, the 20th of
July last, and went on to the fishing ground four or five leagues from
Grand Menan. — On the twenty-fifth, secing Small, of the Reindeer,
going in, and wind blowing fresh, and water short, followed him
into ‘wo Island harbor, anchored there about four o’clock, P. M.
went ashore, and obtained wha. water I could, and got it on board
about nine same evening; wind nad then died away; I could not get
out; at five next morning a light breeze from north west, got under

way, and went out in company with the Reindeer, Ruby, and Dili-
gence; wind died away, and vessel floated with the current; barge
of the Dotterel soon came upon us; the other three lay together, and
barge fired over them; directed one to let go her anchor, and then
came to me. asked me what business I bad there. I told him I was

er
4

50 [ 93 |

becalmed, and could not get out; he said that is a damned pretty
answer to give me, when the wind was blowing here a gale all day
yesterday. I said yesterday I went to two Island harbor to obtain
water. He then directed my sails to be hauled down and my anchor
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 Reindeer 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 then took my
beat, and went to see Jones, and asked him if he was going to send
me to Lubec with the men? He said he was; and told me he would
give me orders when I 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,
and after getting out of sight, told the Reindeer’s crew that if I could
cet up to Lubec before they got up, would get some assistance there,
and go with the Friend and retake the Reindeer; came up as fast as
{ could, and my vessel grounded before I got in; then hove out the
boat, and Reindeer’s crew got into the boat with me and one of my
crew, and the Diligence towed us up to Lubec. ‘Then went to the
Revenue Cutter, Smith; told him the story, and asked himif hecould .
not go and re take them as they came in by East Quoddy? He said
he could 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, who was master of the Madison, and asked him if he would Jet 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 rifles, 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 the com-
mand, 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. Fi oa came on board, and it was agreed that they should
| y, and me the Reindeer. We then ran down for the

for the Ruby... We boarded the Reindeer first;

y I charge, and being on deck with one man and one
boy, the rest | Brother hailed him and told him to heave to.
Mr. jot: called his men to quarter s. Brother told him he would
sive him five Maire to consider whether to give the vessel up before
lie c Rene ed him to do so, and run his Tesuel so near that we could

‘om one vessel to the other. Jones said, the first man that steps
his foot on this vessel shall be a dead man. Brother then called all
hands from below; and we went up with our muskets, seven of us,
ihere being only ten men on board, besides two or three boys. Jones
then laid his sword down and said the vessel is yours. We put four
men on board, and told 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 we were good fellows

Svep i

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f 93 J

for having retaken them; he took them according to his orders, but
without any provocation, and was glad we had got them; he then
went his way, and we ours, ‘There was no gun fired till after the

vessels were re-captured. Mr. Howard is a lad. seventeen or eigh-
teen years old; has never been a captain of any company of railitia.
{ have heard that he was captain of a company of boys, in Eastport,
who trained with wooden guns and swords.

On the twenty-ninth of August last, being on Grand Menan Bank,
saw the Dotierel take possession of the Pilgrim, she being then about
nine leagues distant from the Grand Menan. The Madison was also
captured at the same time and place.

The injury to me, by breaking up my fishing cruise, has been five
hundred dollars,

B. W. COGGINS.

Sworn to before

Kruer SHEPLEY.

Nov. 6, 1824.

Henry Coggins, on oath, says, he has heard the statement signed
by B. W. Coggins, read; is acquainted with the whole tr ansactions
on board the Friend, and knows them to be truly 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
ETHER SUEPLEY.
Nov. 6, 1824.

Movember 7th, 1824.

1, 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 regain
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.—T wo 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 aand
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 expiration of the fourteen days, arrived
at St. John’s—were all there put on board the Dotterel—were detained

a

52 [ 93 j

there two days, with only one meal of victuals, and then put on shore
and dismissed.—Captain told me he had given the vessel up 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
her 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
up to me then. —I returned home, and went there in a fortnight, as he
desired me. The Hero came in froma 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 Erner SHEPLEY.

ae “4
L, William Rumery, of Lubec, testify and say, that I was a hand
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
Menan 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 Winslow in irons at Halifax. . .
WILLIAM RUMERY.
-Vovember 6th, 1824.

Sworn to before

vTHER 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 had 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 bargé, having first come on board of us and
drank seme 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.
‘Movember 6th, 1824. Be Bg
Sworn to before
ETHER SHEPLEY.

eee

Dr. ‘The United States to Ether Shepley.

1824.
Nov. 16. To services making inquiry relating to the difli-
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, - - $250 00
Received payment,
ETHER SHEPLEY.

54 ‘Ge ane

CotumMBia, September 27, 1824.

Sir: Enclosed is a regular protest, in relation to the capture of
the schooner Rebecca, which case, with others, it is hoped, will re-
ceive the attention of Government.

Respectfully, your obedient servant,
STEPHEN EMERY.
Hon. Joun Quincy ApAmMs, é
Secretary of State.

i —— eB
Unirep Sratets oF AMERICA.

State of Maine,
Washington, ss.

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 before me, 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. 1824, he again appears to extend the same; and with him,
also appears John Wright, fisherman, belonging to the said schoon-
er, who, being severaily 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 of 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 obliced to run in to Grand Menan for a harbour. Arrived at
Duck fsland, so called, and anchored at two o’clock Friday morning;
went on shore, and obtained a barrel of water, having a half 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 morning commenced fishing, and caught
twenty quintals. The following night, wind fresh, hove up, and laid
to under our foresail. until morning; then run into Bucks rock, so
called, near Grand Menan, to procure wood, and to dress our fish.
In about half an hour after we arrived, the same boat that had chased
us on 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 stress
of weather.

The said Jones Wass, for himself, saith, that, on the seventh day
of September, now current, he left the city of St. John’s, where he
had been to solicit the liberation of the said schooner Rebecca, but
that said schooner had not then been libelled for trial, and that he
was told by Vharles J. Peters, the Judge of the Vice Admiralty Courts
+ for the Province of New Brunswick, it was uncertain when she
world be.

Wherefore, 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 Britain 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 September, A. D.
[sEAL.] eighteen hundred and twenty-four.
SOLOMON THAYER.
Notary Public.

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