The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-09-24

HALIFAX, Sept. 10, IcoZ
Rffsyx Of Places srhee An.eyieaw Vsssos haze been
CSptsvsd- Important Case of the argus for Fish
ing thin sadlands-Epidsnt Sanction Of
British Government Defeat ofthe Government IN
Recent Election in Nora Scotia.
herewith forwards return of the places at which
American fishing vessels were captured since
June. 1877, taken from dispositions and examins-
tions in the Court Of Vice Admiralty here, by
which it appears that until 1910, when the ''Papi
neau," MARY" and Director" we're captured for
fishing within the headlands of Uheticamp two
miles from the shore, they had been fishing within
the prescribed distauce-three marine miles -
FIsHTRlEs or BRITISH NORTH AMERICA-RBGIsTRY
OF THE COURT OF VICE ADMIRALTY AT HALIFAX.
asracf souing the Psss Which the respective .amccsn
Tsssels herein mentioned Seized for Lraefion Of
Fishing Laws taken from .a6idarits and Examinations on
June & 1917 Schrs John General jackson, Isabella,
Enterprise, Exchange, Lucy. Welcome Return, Superb
and Random These vessels feized while at anchor
june 5, isi7-schr Defiance Seized at the entrance
OF Ragged Island harbor.
June T. 18l7-schrs Rising Sun and Jeifersoa. Seized
June 7. lSl7--Scbr Oliver Cromwell Seized while At
anchor under Cape Negro. about one and a half mile
june l. lsl7-schr Nine Sisters Seized at Cape Negro
june 7, lsl7--sohr. Rambler Seized going out Of
june 4, 1s7--schr Violet Seized in Cape Negro
June 49, 1sl7--Schr Fox. In the Basn of Annapolis,
lying eurder q foresail
june H. lSi7--Schr. Boat Hake. At Gut Of Aunapo-
lis vi thin half mile Of the land .
Juue TO- 1Sl7--schr. Prudence and June IS, 1871
Sohr Sally Seized in the Bay OF Fundy mile distant
July s lsIs--schr Raven. In Mackcrcl Cove Beaver
July a. lsis-schr Nsbby. Off Pepe's harbor.
Jaly Is, lSlS--Schr Washington; and August, 1875
schr. Btts.y. In Liscomb narbor.
june ,sSI--scsr Polly; My ~ lSSises ss Nancy
Golden Rule; May 81, ls2l--Schr. Milo: and June 9,
lS2l-Schr. Caroline. At Galivers ole Bay Of Fandy
June L, l6aS--Schr Hero. AT Turner's Cove, In the
Eovember l. ls3s-schr Combine While under sail
at the distance Of about threequarters Of mile from the
western shore. Gut Of Canso
June A. ls39--schr. Shetland Yankee harbor, White
head.
May ls39--schr. java. At the northeast harbor OF
Tusket, for ffhing of Tusket harbor
May 90, ls39-schr. Independence. Fishing at Tasket
May rs. 1s39-schr. Magnolia; and May lSas--schr.
| Hart. At Tusket Harbor.
June lSS9-Schr Battelle June IA 1S39-Schrs. Hyder
| Ally and Eliza; aud june 1s39-schr. Mayfower. At
Beaver Island, for setting nets at Strait of Canso
june 2 lsao-sehrs Papinsau and Mary; and Ssptsm n
Tusket Island for fishing abreast of Friar Head within
line draw from Margurte Island to Cheticamp Point.
October l. 1Sa0-schr. Ocean. Abreast Of Frar Head,
point Msrgaree in Cape Breton within the head
land Of Cheticanp within two miles Of the coast.
September IL. 1S40-Schr Aims Wlthln one mile DIS
| lance from the shore of Inverness, Cape Breton.
| May g. l&I-Schr. Pioneer. Between Petite Passage
| and Sandy Cove.
May 20 1s4l-Schr. Two Friends One mile of Yankee
| harbor. county Of Guysboro'.
September 20 1s4l--schrs Mars and Egret. of Mar
| garee Island. one mile from shore.
| October 49, lS4l--schr Warrior. Off north side Of
| Sable Island.
October -, 1s4l-schrs. Hope and Mayfower Within
| Maigsree Island Capc Breton.
May Z, 1S43-Schr Washington. While at anchor in
the Bay Of Fundy about Eve or six miles from laud
August 1874 Condemned November B, 1S44)--ychr.
Argus.% Off cape Ann, eight miles from shore.
May 10, ls4s-schr Hyades. In the Bag OF Fundy, OF
Guliyer's HeIe.
Msy II, ls49--Schr Leonidas At the mouth Of Lis.
comb barber.
September Is, 1s5o-schr. Harp. Within Margaree
October 90 1s51-schr Tiber About one and alf
miles of the coast of Cape Breton.
The following abstract is copied from fiiavit
made by Philip s. Dodd Seller dated 10Th August 1874:
And the depunen saith that he is charge of the
schooner Syph, employed by the government of this
province for the protection Of the trade Of the province
and for the prevention of Illicit rsde And the deponent
saith that Tuesday the sixth day of August instant
VII the deponent was proceeding round the said island
in the said vessel i'll discharge of his duty Selling
anchor and engaged in fishing of st. AIMS Bay-tnat
deropep made for and hailed the vessel and directed The
master 10 fsnd his boat board which accordingly
donethat when the deponent hailed the said vessel
was rg at anchor AND actually engaged 10 taking fish
there being several Lines the vessels side and sn
haulcd in he haied-that the Of
vessel then board of the sylph in his boat
when the dcponsnt ascetsin,d that the sid vessel
American fishing vessel called the Argus, Of about
forty fifty tons burihep. Of and belonging portan
in the STATE Ct Maine in the United states OF America
ard that he masters William Doughty--and
Vie depope saith that when the Rad bonded
the syh and the deponent had the character
of the yeese the 6eponent pointed him the head
lands of Cape North and Cow Bay and informed him that
he fishing grounds prohibited by the said treaty
and the deponent saith that the said master freely adj
mited that the place where he then fishing in
side Of line drawn from the Eeadlands of Cape North
and Cow Bayand the deporent saith that he informed
the said master that his vessel and cargo liable to
seizure and that deponsnt accordingly seized the said
yesfel her tackle, apparel furniture and cargo for
ipDge Of the said the deponent saith
that the place where the said vessel was at anchor and
fishing when deponent seized her, off St AIMS Bay
the eastern coast of the Island Of Cape Breton about
eight miles from the nearest land but mt least two miles
| within the headlands of Cape North and Cow Bay.
Sept !, 1852. SCOTT FIREMAN.. Regr. c. VA.
The case of the Argus, 1t will be perceived, is a
very important one-not only because she was
taken at distance of eight miles from the shore,
but was condemned probably after communication
had been had with England upon the subject, as
she was seized in August, 1914, and the final con-
demnation did not take place in the Admiralty
| Court until November following. Mr.. Webster
and members of the Senate were, therefore, incor-
rect in asserting that Great Britain had uniformly
RETAINED from exercising the right which she claims
under her construction of the Convention of 1873
of prohibiting American vessels from fishing within
the great bays and headlands. The affidavit of the
seizing officer which is appended to the. return, is
conclusive as to this fact The Washington, it will
be seen, seized while at anchor in the Bay Of
Fundy, five or six miles from land but it does not
appear that she coniscatei. Indeed, it would
seem, as have suggested, that peculiar Importance
attached to the seizure of the Argus, rs it is
the only case in which condemnation is stated to
have taken place by the Registrar of the Admiralty
Court, although similar course pursued with
reference to others.
With respect TO the seizure Of the Warrior in
1871. il may be as well to state that Sable Island,
on the north side of which she fishing, il about
seventy miles southeast Of Halifax and ia, for the
most part, dangerous sandbank. The mackerel
which there are larger and fatter than in the
Bay Of Chaleur, and are taken with hook and line
" bob and snker !" The vessels lie at anchor out
side the bar, in six end seven iathoms water, and
the fish are chiefly taken by boats, which 20 over
the ridrns Ihe hook AND Linz hsherx il nnaLlu