Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1839-07-05
THE CAPTURED FISHING VESSELS

furnished BY Capt Sugs with the following
ing letter. containing the substance of The testimony in
regard 10 the several cases, prepared by Mr. Grant
horn. American Consul Tor Yarmouth, - s.
II appears. that Of The four schooners captured
If them, The .hugnOiid did not violate the Treaty By
fishing within the prohibited limits another, the In.
dependenes did not FISH The forbidden ground. bu,
len, their nets for nigh, only Nova Scotia
fishermen, and received IN rcturn, few behring's:
third vessel the Hart avoided fishing within the limits
prohibited but her captain and one assis ed Nova
Scotia fisherman in mendna nets and sailing sh
the British territory How far these will he ad.
judged Iespasses and violations of the treaty sruo.
tons. remains 10 be proved 4 fourth vessel however,
the ura IL is admitted violated the treaty, and will
! doubleday be condemned
We hope that the three other vessels will be speedily
released and that in future, vessels will not
scend the British Jurisdiction in violation Of the treaty
! II they do, il will be al their peril.
| Consulate UNITED STATES.
Yarmouth, IN. > June 18th. 1889 )
To JOSIAH SrrRcis, Esq Commander Of The thetcan
/ Revenue Gutter Hamilton
SIR:-At your request, enclose 10 you abridged
statement OF the dispositions Of Tie Masters aud Crews
OF the four American fishing schooners lately seized BY
the Commander Of the Brush Government vessel"YIc.
tory and now lying detained in this port, together wh
4 saccGct account o. my proceedings upon The apIcA
ton for by the Of these vessels
! Upon the 9th day OF May last application was made
me- the Consular gent .: the United States this
port, by william Bnfges, master OF the American fishing
schooner "lnGe pr ndenCc, for advice and
under the following circumsaEccs:-On Sunday, the
Goth day Of May last while lying at anchor in The Tus
ket Islands, the coast Of this Province, the said
schooner was boarded and with her cargo and papers
seized. and taken possession OF by the Commando and
part Of of the British Government vessel "Vc-
loy for alleged iniracton by The Of tho is--
pandence Of the treaty tetwt" h'rat Britain ana ne
Of In. British fisheries The schooner was bro1 rh INTO
this port stripped Of her salts and part Of the rigging
and The master and obliged 10 leave her DEPOSIT
lions OF the master VIM Burgess and Of the crew. Ben
iamin Sylvester Samuel G. Mills Ezekiel !ursas. and
Samuel Burgess all ofVinahaVcn. in The State Name
were taken 10 the above facts and also 10 those which
follow They depose that the schooner Independence.
Of the bur,hen Of 81 lhereab us Gad belonging to
VnalIayen was fitted out and cleared from that por, on
fishing voyage into the Bay OF Fundy on the ION day
p last, and tina, they continued 70 hsh IN the Bay
at any time at ess distance from the coast 0:
Nova Scotia than ID miles, until ABOUT the last OF apEi
OF the present year when being IN wan, o! wa'er and
II blowing very heavy, they stood 10 Tor the coast ana
Gchored IN The luske ls!ancs, %heIe they remained
abJu, twenty four hours AT The expiration Of that
time they again put to sea- and remained upon the fish
ing ground uGttl tie 25lh day Of May last when the
Compass having been accidentally broken and there be
ing other board, they again stood 10 Tor The coast
intending make The port Of Yarmouth Tor the put-
pose OF having the Compass rePaTeci and OF procuring
supply of water bu; te wind being adverse and very
violent, and The weather ihick and hszy, they were IN
able 10 make that port amd were obliged 10 lake shelter
in The Tuset Islands for the night Ut which place hey
were seized Tie next day IS before mentioned; the mas
Ter and crew Of this vessel deposed most soIemny That
no fish Of any kind or description had been taken or
caught By them during the present season or SAGE lheF
departure from ri, either IN The Iuskel Islands or a.
distance 10 The coost OF Nova SCOTIA or o.
anr of the British in America than ID mlee
aud li.a al tiae did they remain al anchor IN
the sad Islands, al any port on the coas Tor Longer
space than twenty four hours hey, however, ADMIT.
ted that at The earnest solicitation OF sn inhattan o.
the Tusket Islands, whose name was to them unknown
they did Tor nigh, lend their nets 10 hH and ihaI
they received from him on the following morning lie"
behring's this occurred but and Tor one nghs only,
they never having remained the Islands iof So con
s.cuL,ve nights
Cap, Pool of the American fishing schooner Mag.
nolia seized at the same tine and Pirce, oePoseo IN
substance 10 The effect as the foregoing except Thar
they had lent parted with their nets They denv
most positively having tished attempted 10 catch FISH,
within Is miles Of the coast Of this Province, during tie
present season.
| The Magnolia is of the burhen of 81 tons there
abouls belongs Vna!haven, and fitted out and
cared from that port fishing voyage into The BaY
Of Fundy; she sailed from that port on the 2Cth day OF
April last and twice into the Tnske Islands Tor
shelter and for wood and water during lie present sea
son.
Capt Burgess, OF The schooner Java acknowledged
that he and his crew had taken fish IN the Islands and
wns aware that the fact Of his having done so, could BE-
proved against him He therefore declined 10 make any
eff, for relief The Java was fitted for fishing voy-
aye into the Bay OF Fundy and belonged TO Finalhaven,
and she seized at The same time and place as were
the other two vessels before mentioned.
United States Consul Haliiax Tor The purpose Of using
them 10 assis, him in his endeavors TO effect the release
of the Magnolia Java, and Hart, The plea OF their
having been seized and detained insufficient ground
The masters of these three last named vesses oy my
advice proceeded TO Halifax where they are noS await
inc The decision Of the Government Officers there, "he-
hsr thew will be obliged contest The Legality OF the
se;zores in the Court Of Vice Admiralty at that place
have received no information from thence HAT can be
UPON the probable issue Of The exertions
aIre adv made and making ~ brha OF the owners
and others interested in these VesseiS.
The afidavi.s which have been mace TO subs'antIae
81 Ii,v NJ Their seizures, are frst that nf John Nc
,nsn NJ This place, who deposss that he did the
- r. ,le ). Lava" between the th and The 9Th dnys
r. M- last, in The Tusket Islands, put their nets into
no hc,r belonging TO that vessel the following
meaning lie saw them return with quantity Of fish,
wish was epea,eG four FIVE times during The above
mentioned period, and that the skipper Of The java
kno s. lodged 70 Tim that he had taken fish within the
prohibited limits for bait; he further slars that on SON
day. the Goth Of MAY last. he The deck OF The
Java then lying in the Tusket Islands quantity OF
curry hch said from about three quiptas
Il fish caugh, the dsy before and he saw the master
md crew throw The overheard teihg 'hen about
,wo miles from Jebogue Point, ~ Yarmouth.
% The same person. John Mcconnell, further de-
o,sed thai he the gnoia about Two weeks pre-.
v,ousy wben AZ anchor in the Islands send her boa,
,w,v m the evening with nets, aud again the
ne II norons with fish, which also again took place for
several successive days He further stated thnt The
c,.w Of the Magnolia did about the same time acknow-
ledge That they then taking sn among The Iusket
Islands and had before been doing the same
3D. David Mcconnell, of Yarmouth, made oath that,
The skipper Of the American schooner Independence,