for the fisheries, directing them to impress the crews of fishing vessels with a sense of the treaty obligations of their government, and of the dangers to which they exposed themselves by encroaching upon British rights. The recent cases of seizure constitute the last instance of alleged violation of rights, and the charge is laid to the British account. The attention of this department was first called to the subject by a reference by the Treasury of a letter from B. & J. M. Leavitt, of Boston, asking for information as to the existing treaty stipulations regulating the matter. The inquiry was answered by a reference to the first article of the convention of 1818. On the 3d of July the Secretary of the Treasury referred to the department a communication from the collector of Boston, transmitting a report from the naval officer who had been despatched to Nova Scotia with directions to inquire into the alleged causes of the seizure and detention of American fishing vessels. The report, after alluding in general terms to some of the seizures, refers, with regard to the particulars of four of the cases then pending before the court of vice admiralty of Halifax, to an abridged statement, furnished by the consular agent of the United States at Yarmouth, of the depositions of the masters and crews of three American fishing schooners, viz: the "Independence," the "Magnolia," and the "Java," and the fishing boat "Hart." The statement, with the report accompanying it, is annexed, and contains the most detailed information in the possession of this department in relation to the "nature and circumstances of the cases." According to that statement, the Independence is alleged to have anchored in the Tusket islands, and, while there, hired her nets to an English fisherman, for the purpose of taking fish on shares. The crew state that they were forced to anchor there by stress of weather; and that their nets had been lent, and not hired, for which they had received a few herrings. The Magnolia is charged with having been engaged in fishing while at anchor in the Tusket islands, and with the fact having been acknowledged. by the crew. This is denied; and the reason alleged for anchoring within British grounds is, want of shelter, wood and water. The charge against the Java, of having been engaged in taking fish in the Tusket islands, is admitted by the master. Against the Hart it is alleged that her crew were seen cleaning fish on board, while at anchor in the islands, and that her master had acknowledged that he had procured a quantity of herrings. The taking of fish is denied; and the fact of the crew having been seen cleaning fish is explained by stating that two barrels of herrings had been received from a British fisherman in recompense of services rendered. On the 20th of July, a letter from the consul of the United States at Halifax, dated the 27th of June, was received at this department, informing it of the seizure of the four vessels above referred to, and of seven others, viz: the "Shetland," seized at Whitehead, near Canso; the "Charles," at Canso; the "Mayflower," and a schooner name unknown, at Guysborough; the "Battelle," "Hyder Ally," and "Eliza," at Beaver harbor. The "Shetland" was seized on the ground of the master having sold to a lad who came on board, while the vessel lay at anchor in the harbor of Whitehead, whither she had been forced by stormy weather, a pair of oilcloth trousers, and small quantities of tea and tobacco. The master states that in doing so he yielded to the importunities of the lad, whom he believes to have been sent purposely to entrap him into an attempt at smuggling. He denies having caught fish within British limits. With the exception of the "Eliza," which was likewise compelled to make a harbor by bad weather, and the crew of which deny having taken fish within the British limits, or having sold or bartered any articles whatever, the particulars of the cases are not given; but in communications addressed by the consul to the Lieutenant Governor of Nova Scotia, asking his interference in behalf of the owners of the seized vessels, he urges the exercise of indulgence and mercy, on the ground that some of the sufferers had only erred in a slight degree either from ignorance or temptation, and without intention to violate regulations, of the existence of which they might, perhaps, never have heard. The communications from the consul to the Lieutenant Governor of Nova Scotia, having been referred to the advocate general of the Province, underwent examination, and a copy of his report accompanies the consul's letter to the department. In this document, the advocate general denies the power of the Governor to interfere or stay proceedings in the court of vice admiralty, which alone has jurisdiction over the subject matter. adds, that several of the cases had been commenced during his absence, and the evidence had not yet been submitted to him. He Commissions had been issued to take depositions in others. Three vessels had been proceeded against by him, and the examination had proved that the crews of two of them had actually taken fish with set nets in Beaver harbor. In all other cases, where the evidence had not been submitted to him, it was to be called for before any further proceedings were had. He concludes by stating that, where the evidence is not complete, no decree will be urged by default, until ample time and opportunity be afforded for defence, upon the most favorable terms that by law can be granted; and that in any case where there shall not appear good cause of prosecution, he will exercise his own discretion in releasing the property. From these statements it will appear that the only cases of seizure of which anything is known at the department, not being made on the coasts of Newfoundland or Labrador, occurred at places in which, under the convention of 1818, the United States had forever renounced the right of their vessels to take, dry and cure fish; retaining only the privilege of entering them for the purposes of shelter, repairs, purchasing wood and obtaining water, and no other. In the absence of information of a character sufficiently precise to ascertain either, on the one side, the real motives which carried the American vessels into British harbors, or, on the other, the reasons which induced their seizure by British authorities, the department is unable to state whether, in the cases under consideration, there has been any flagrant infraction of the existing treaty stipulations. The presumption is, that if, on the part of citizens of the United States, there has been a want of caution or care in the strict observance of those stipulations, there has been, on the other hand, an equal disregard of their spirit, and of the friendly relations which they were intended to promote and perpetuate, in the haste and indiscriminate rigor with which the British authorities have acted. Under the supposition that many of the seizures had been made upon insufficient grounds, and in order, if possible, to preclude for the future the recurrence of such proceedings, the acting Secretary of State, in a note dated the 10th of July, called the attention of the British minister to the cases of seizure which had come to the knowledge of the department, and requested him to direct the attention of the provincial authorities to the ruinous consequences of the seizures to the owners of the vessels, whatever might be the issue of the legal proceedings instituted against them; and to exhort them to exercise great caution and forbearance in future, in order that American citizens, not manifestly encroaching upon British rights, should not be subjected to interruption in the pursuit of their lawful avocations. The President's directions, that a vessel of war of suitable force should be held in readiness to proceed to the coasts of the British provinces having been communicated to the Secretary of the Navy, an answer has been received that the schooner Grampus, now lying at Norfolk, would be prepared to proceed to that quarter at a moment's notice; and that, should it be the desire of the President that a vessel of higher class should be employed on that duty, a sloop of war can be detailed from the station at Pensacola so as to be ready to sail at the end of this month. Respectfully submitted. To the PRESIDENT of the United States. A. VAIL, Acting Secretary of State. Acting Secretary of State to Acting Secretary of the Navy. DEPARTMENT OF STATE, Washington, August 9, 1839. SIR: Several seizures of fishing vessels belonging to citizens of the United States having been made by British cruisers in the harbors and along the coasts of Nova Scotia, the President has ordered an inquiry into the subject, and has directed me to inform your department that, for the purpose of protecting the rights and interests of our citizens in that quarter, a vessel of war, of suitable force, will soon be required to cruise off the coasts referred to. I am, &c. Commodore I. CHAUNCEY, Acting Secretary of the Nary. A. VAIL, Acting Secretary. Acting Secretary of the Navy to Acting Secretary of State. NAVY DEPARTMENT, August 9, 1839. SIR: I have the honor to acknowledge the receipt of your letter of this date, apprising the department that, for the protection of the rights and interests of our citizens engaged in the fisheries along the coasts of Nova Scotia, a vessel of war will soon be required to cruise off these coasts; to inform you that the United States schooner Grampus, now lying at Norfolk, will be prepared to proceed to that quarter with all practicable de and spatch, in obedience to the wishes of the President of the United States, as indicated by your letter. I am, very respectfully, your obedient servant, A. VAIL, Esq., I. CHAUNCEY, Acting Secretary of the Navy. Acting Secretary of State to Acting Secretary of the Navy. DEPARTMENT OF STATE, Washington, August 29, 1839. SIR: In consequence of the recent seizure of several American vessels on the coast of Nova Scotia by the British colonial authorities, the President has determined that the schooner Grampus, which he deems sufficient for this service, shall be despatched to the coasts of the British provinces in the neighborhood of the fisheries, under the command of a judicious and competent officer, to be selected by the Secretary of the Navy, and furnished with instructions distinctly setting forth the rights of citizens of the United States under the treaty with Great Britain of the 20th of October, 1818, and making it his duty to protect them in the enjoyment of those rights, as well as to caution them against any infraction, on their part, of existing conventional stipulations. To enable you to carry these directions into effect, I have the honor to transmit to you herewith, copies of papers containing all the information possessed by this department on the subject to which they relate; and, at the same time, to suggest that the consuls of the United States in the British provincial ports referred to, (to whom application may be made by the commander of the Grampus,) will, doubtless, cheerfully aid, by their advice, and by the communication of any pertinent facts within their knowledge, in advancing the objects of this visit. I am, &c., Commodore ISAAC CHAUNCEY, Acting Secretary of the Navy. A. VAIL, Acting Secretary. List of enclosures. Report from the acting Secretary of State to the President, 14th of August, 1839. Consul John Morrow to the Secretary of State (No. 77,) with enclosures, 27th of June, 1839. Collector Bancroft to the Secretary of the Treasury, with enclosures, 27th of June, 1839. Ex.-6 Acting Secretary of the Navy to acting Secretary of State. NAVY DEPARTMENT, August 30, 1839. SIR: Your letter of yesterday's date, stating the determination of the President that the schooner Grampus shall be despatched to the coasts of the British provinces in the neighborhood of the fisheries, under the command of a judicious and competent officer, to be selected by the Secretary of the Navy, and furnished with instructions distinctly setting forth the rights of citizens of the United States under the treaty with Great Britain of October, 1818, and making it his duty to protect them in the enjoyment of those rights, as well as to caution them against any infraction, on their part, of existing conventional stipulations, has been received, together with the copies of documents therewith transmitted. The schooner Grampus is ready for sea, and shall be despatched, in accordance with the determination of the President, as soon as the necessary instructions can be prepared and transmitted to her commander. I am, very respectfully, your obedient servant, A. VAIL, Esq., I. CHAUNCY, Acting Secretary of the Navy. Acting Secretary of State. Acting Secretary of the Navy to the Secretary of State. NAVY DEPARTMENT, September 4, 1839. SIR: Lieutenant John S. Paine, commanding the United States schooner Grampus, was yesterday ordered to proceed, without delay, to the coasts of the British provinces, in obedience to the directions of the President communicated to this department by the Department of State on the 29th ult. I am, very respectfully, your obedient servant, Hon. JOHN FORSYTH, I. CHAUNCEY, Acting Secretary of the Navy. Secretary of State. Lieutenant Commanding Paine to Mr. Forsyth. WASHINGTON, December 29, 1839. SIR: In my late cruise on the coasts of her Britannic Majesty's provinces, I found the convention of 1818, on the subject of fisheries, so variously construed, that I deemed it proper to address the Navy Department on the subject-the letters to which I alluded in conversation with you. Avoiding unnecessary repetitions, I will endeavor to give, in the following, all that seems of importance in a more concise form. I visited the seat of government of Nova Scotia, and that of Prince Ed ward's Island, and St. John's, the principal city of New Brunswick, wher I communicated with the principal government officers, with our consuls, |