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Les diagrammes suivants illustrent la m hode. rrata o selure, 1 d J 32X 1 2 3 1 2 3 4 5 6 /5/3 0-y The followlncr Documents are submitted for tlic consiclerntion of the Members of His Majesty's iMrERiAi, Parmamknt Bnt.sh Mei cliants, and others interested in the trade and prosperity of the UritisU iNorth American Colonies : — To Vice Admiral Sir Peter Ilalkctt, G. C. H. Commandcr-in- Chirf of II. HI. ^^hips and Vessels of VVar, on thcJ\ortfi Amc- rican and West India Stations, lartin Fleinming master. That on Wednesday the first day of June, Herrings being abun- dant in the said Bay, the said crew shot the Seine, and havl.fg enclosed a quantity of Fish, commenced loading the bouts belonging to the said vessels, and took on board four boat loads. That while they were thus engaged, about forty Frenchmen, armed with guns, arrived in several boats, and proceeded to the boats attend- ing the said Seine, and took possession of the boat with the Seine, and also a boat deeply Ifulcn with Fish, and took the Fish and the Seine with them on board the French brig Le Furieu.x of St. Malo, whereof A. Baullett was the master. 'J'liat this deponent immediately prepared to go on board the said French brig, in order, if possible, to ascertain the cause of such proceedings, and on arriving on board was informed by tl;e master thereof, tlio said A. Baullet, that British subjects had no right to take Fish in that Bay, or on the coast, and that he, the said A. Baullet, held Ji Commission from the French Government, authorizing him to pre- vent British subjects from taking Fish on any part of the shore from Cape Ray to ("ape John, and that he individually held an exclusive grant troni the French Government to seine Fish in the Bay of Saint George's, for which he paid, as he said, the sum of 10,000 francs. An(l this deponent further sailh, that in consequence of being thus interrupted on the Fishing voyage, and prevented from using the seine as aforesaid, the voyage of the said brig Dove was destroyed, and the said brigantine was obliged to return to Halifax with only about 150 barrels of Fish on board, and which vessel, if fully loaded, will carry up- wards of «)i)0 barrels. P. McPHEE. Sworn to at Halifax, this day of June, 1830, Before me, G. N. RUSSELL, J. P. ova-Scotia, ; HANDi.Ky, of Halifax, I, navigated difax albre- ,'ago to the CD ling fishing , in case of Prolvncc of Nova Serbia, Halifax, ss. RonnuxDowrs^EY, of Halifax, in the Province of Nova Scotia, Mas- ter Mariner, makcth oath and saith, that he is the master or commander of the brigantine Dove of Halifax, albresaid, which is of the burthen of one hundred tons or thereabouts, and is owned by George IJandley and Peter McPlice, both of Halifax aforesaid. That he sailed in and with the said brigantine Dove from Halifax .'iforosaid, on the thirtieth day of March last, with a crew of fifteen hands, on a Scahu;^ voyage, to the Gulf of St. Lawrence, with instruc- tions if iinsucccessful on the said Scaling voyage, to proceed on a Her- ring fishing voyage to St. George's Bay, in the Island of Newfoundland. That this deponent, with the rest of the crew of the said brigantino Dove, remained in tiie Gulf of Saint Lawrence in pursuit of Seals, until the twentieth day of May last, and being unsuccessful in that pursuit, delermined to proceed to Saint George's Bay for the purpose of taking Herrings, and arrived in the said Bay on the twenty-seventh day of May. That on the thirtieth day of May the Herrings came into the Bay, and the crew of the said brigantine caught a few in the nets, but the fish were not in sufficient abundance to induce them to cast the caplin seine, the use of which tliey had in conjunction with the crew of the schooner Anastatia, of Halifax, Martin Fleming master. That on Wednesday, the first day of June, Herrings being abun- dant in the said Bay, the Deponent, with some of his own crew, and part of the crew of the aforesaid schooner Anastatia, shot the seine, and having enclosed a quantity of fish, commenced loading the boats, and took on board four boat loads. That while they were thus engaged, about forty Frenchmen, armed with guns, arrived in several boats, and proceeded to the said seine, which this deponent was attending. That they the Frenchn^.en came alongside of the boat in which this deponent was, and held on until the master of the French brig came up ; who stated that he would not allow this deponent to haul any fish, and ordered his men to take the boat belonging to the Dove, with the seine in tow, and carry them on board the brig, and also directed some other men in boats to take charge of the loaded boat, in which were two men belonging to the schooner Anastatia, and take it to his Brig. That in consequence of such orders the crew of the French Brig proceeded to enforce Captain Baullet's directions ; and this deponent and his crew were detained some time — and the said seine and the lisli, which were in the loaded boat, were forcibly taken possession of by the Frenchmen, and put on board the Brig Lc Furieux, by the crew thereof, actino; under the directions of the said A. Baullet. And this^'deponent further saith, that in consequence of being thus intercepted in the Fishing voyage, and prevented from using the semo as aforesaid,— the voyage of the said Brigantine Dove was destroyed ; and the said Brigantine was obliged to return to Halifax— havuig on board only about 150 barrels llerrings,--and which vessel, as deponent believes, would carry upwards of 900 Barrels. Sworn to. at Halifax, &c. &c. ROBT. DOWNEY. Signed, G. N. RUSSELL, J. P. Province of Nova-Scotia, Halifax, ss. Martin Flemming, of Halifax, in the Trovincc of Nova-Scotia, Master Mariner, makcth oatli and saith— That lie is, and for some tunc n V of fifteen th instruc- on .1 Iler- fouiulland. bri(raiitino :^eals. until at puri-uif, 1 of taking ay of May. e into the 3 nets, but cast the he crew of iing abun- crcw, and seine, and boats, and len, armed said seine, which this brig came il any fish, e, with the 3Cted some h were two kig. rcnch Brig j deponent id the lisli, sion of by the crew being thus [ the seino destroyed ; liaving oil s deponent VVNEY. i past hath been the master of the Schooner Anastatia, of Halifax, which IS of the burthen of eighty tons or thereabouts, and belongs to George IIanplky, of Halifax, Merchant. , , • , That on the eleventh day of May, nowlast past, he, this deponent, sailed in and with the said Schooner from Halifax, having a crew ou board consisting ofei^rht persons— on a llerriii;r lishing voyage, to the Bay of St. Georiro, ill tlie I:ilaiid ofNowfoinKJlaiul. That this deponent and hi^ said crew, cauie to anchor in the said Bay, on tlio twenty seventh d;iy of May— and on the thirtieth day of Mav tlie llerrinirs came into the harbour. I'liat oil Wednesday, the first diiy of June, the Ilorrinrjs being plen- tiful, they sliot the seine; t!.(! lJriL!;;intino Dove, of Halirax aforesaid, \vhereofilobert Downey wa^ the master, and which vessel bdoiinrs to Geor-ro Handley and one Peter Mci'hee, of ll^difix, as this deponent has Injen informed and believes, Ix^iii;-- in company; and liavin^r enclosed a quantity offish, couiinenced loading the boats, and took on board four boatlotids. ^ That while they were thus engaged, about forty l' renchmen, armed with guns, arrived in several boats, and proceeded to the said seine wliicirthis deponent and part of his crew were attending, together with the said Robert Downey, and part of the crew of the said brigantine I^ove. That ihey (the Frenchmen) came alongside of tb.e boat m which tliis deponent was, and held on until the master of the French brig came up—wlio slated that he would not allow this dnponeut i haul any fisli, and ordered his crew t j take the boat containing the seitie, in tow, and take it on board his biijf ; and directed some other men in boats to take charjToof the loaded boat, in which were t-.\o men belon;riiig lo the schooner Anastatia, and ordered the said boat also to be taken to his brig. Tliat, in conseijuence of such orders, the French crews proceeded to take i)()ssession o'' tlie si.'ino and boat in which this deponent was, together with F..()bert Downey, master of the bii^rantine Dove, and de- tained tiieni some time, and the seine and the fish were put on board the brigLc Furieux by the crew thereof, acting by the directions of A. Baullet. And this deponent further snith : that the said seine and fish were forcibly taken away from this deponent and his crew — and the crew of the said brigantine Dove, by the saitU^^iullet and his crew. And in consequence of being thus interwi^BB and prevented from using the seine as aforesaid, t!ie voyage of the schooner Anastatia was totally des- troyed : and the said schooner was obliged tr) return to Halifax, having on board onlv about iJOO barrels offish, and which vessel, when loaded, will carry upwards of 700 barrels. M. FLEMMING. Sworn to, at Halifax, this day of June, Before me, G. N. RUSSELL, J. P. ova-Scotia, some time 6 ■■ :i Province of Nova-Scotia, Halifax, as. Samuel Oaks, of Halifax, in the Province of Nova-Scntia, Tradrr, maketli oath and saith, — that Jie, this deponent, sailed from Ilnliiax aforesaid, on the fifteenth day of April last pasi, in the schooner Alary, of Arichit, of the burthen of eighty tons or thereabonts, whereof IN.'tcr Petilpiis was majitor and owner, bound for the port of St. John's, in tiie Jsland of iN'eua u:idland. TJiat the said vessel was chartered by George Ilandley, of Halifax, Merchant, to take a cargo for the said Port of St. John's, and afterwards to proceed to the Bay of St. George's, in the said Island, on a Herrinir lishinrr voyage. That this deponent arrived at the port of St. John's on (lie twenty second day of April ; and after landing the said cargo, proceeded on the first day of May for tlie said Bay of St George's, provided with all things necessary for a fishing voyage. That on arriving olF the said Bay, the said schooner Mary was prevented from entering by vast quantities of ice, willi which the Bay was incumbered, and the said vessel proceeded to the Mngdalen Islands, in the Gulf of St. Lawrence, in further prosecution of the said lisliing voyage, and arrived in harbour Le Bear, on the fifteenth day of I\iay last, in which harbour were upwards of eighty sail of American vessels, and abort ten sail of British vc sels ; on which day this deponent, with others of the crew of the said schooner Mary, set the netts. On the morning of the succeeding day, the nets were hauled, and a quantity of fish taken. At nine o'clock, A. M. the crew of the said schooner Mary again proceeded to set the nets, when two men of the crew of an American vessel, were observed taking away the net moorings, belonging to the said schooner Mary. That the Americar.s had two moorings in the boat, and had cut others, by which act a mooring and killock were lost. This deponent further saith, that the said Americans declared that no nets, belonging to the said schooner Mary, should be set in that place, or if they were, they, the said Americans, would cut them away. And stating to the crew of the said schooner Mary, that the nets, belong- ing to the said schooner might be set at a place in the harbour, to which they pointed, where few or no herrings could be obtained. This deponent further saith, that fearing violence in the lawful pro- secution of their business, at an Island belonging to His Majesty, from the number and menaces of foreigners ; this deponent, with the rest of the crew of the schooner Mary, were compelled to return to Halifax, with only about one hundred and fifty barrels of herrings on board, and the voyage was destroyed ; when deponent and the rest of the crew, if uninterrupted in the pursuit of their business, could have loaded the said schooner, which schooner could have carried, us deponent believes, about eight hundred barrels. SAM. OAKS. Sworn to at Halifax, this day of June, 1836, Before me, G. N. RUSSELL, J. P. Sir otia, Trader, Tom Unlilax liooner Alary, V' hereof P»;tcr folia's, in the y, of Halifax, id afterwards on a Herriu(,r )n the twenty ceded on the k-ithal! thin^is ler Mary was lich the Bay alen Islands, said fishing day of May rican vessels, poncMt, with tts. On the 1 a quantity Mary a^aln an American on2[in:i to the Admiralty House, June 25, 1830. g,R^ — In return to yonr Memorial of yesterday's date, with tiro affida- vits annexed, on the subject of losses sustained by yourself and others on the coaft of Newfoundland, in consequence of tlie infringements of the Treaties by certain foreigners, and particularly on the part of A. Baullett, Master of the French brig Furieux, of St. Malo, I am desired by the Commander-in-chief to acquaint you that he will forward the said Memorial and Aiiidavits for the consideration of the Lortlb' Commisyioncrs oftlie Admiralty, transmiiting, in the mean lime, instniciions to the Conmianding Oflicers of His Majesty's Ships Cham- pion and Rainbow, (stationed on the coasts of Newfoundland, and in the Gulf of St. Lawrence, for the protection of the British lisheries and Cfunmerce,) to make particular enquiries into the circumstances alluded to in your memorial before mentioned. The Commander-in-chief also desires me to state, that it is unfortu- nate timely application was not made to Ca[)tain Bennett, of the Kain- I'ow, now on tlic south side of Newfoundland, when immediate redrets might have been obtained. I have the honor to be, Sir, Your very obedient Servant, JAMES A. SMITH, Secretary. G. Handley, Esq. Halifax. Sir Peter Halkett will be ready to see Mr. Handley on the sub- ject of the Memorial at any time to-day Mr. Handley will say is most convenient. Admiralty House, June '^5, 1830. and had cut declared that I set in that t them away, nets, belong- )ur, to which le lawful pro- ►lajcsty, from h the rest of 1 to Halifax, n board, and f the crew, if I loaded the lent believes, I. OAKS. To His Ercelhncy, Major General Sm Coi.in Cavipbelt., K. C. B. Lieu- tenant Governor, and Commander-in-Chief in and over His Majesty's Provinee of jYova-Scotia, and its Dependeneics, ^'c. SjC. Sfc. THE MEMORIAL OP GEORGE HANDLEY, OP HALIFAX, IN THE PROVINCE OP NOVA-SCOTIA, MERCHANT, Respectfully Sheweth, That yonr Memorialist, on the 24th day of June last, addressed a Memorial to your Excellency, accompanied by Athdavits, shewing the nature of the wrong and injury he had sustained, in consequence of tiie improper conduct of foreigners, exercising an interference and controul over British vessels and pro[)erty in Britisli ports, by which a subject of His Majesty has been and is prevented from prosecuting his business, and has been subjected to loss, to an extent to which, perhaps, your Ex- cellency has not adverted, and cannot be aware of. In reply to which your Fxcellency was pleased, through Mr. Secretary James, to inform your Memorialist that your E.Kcellency had seen the x\dmiral. Command- ing in Chief on this station, and that he, the Admiral, had declined sending a vessel to Newfoundland, for the purpose of arresting the per- 8 son by uliom your Memori.ilipt liad been iiijurctl, as i)cf()ie nienliontd^ ns was prayed l)y y«Hir Memorialist ; and tiiat your Excellency would transmit the Memorial, addressed to your ExceiJency with the Aflida- vits, to Lord Glenelg, to he, by his Lordfthip, forwarded to the British jMini:i!ter at Pari?, to deniaud {salisfiiction for the damanc sustained. That your Memorialist has always felt and believed that, heing a subject of His Majesty, and under the Protection of the l]riti>h laws, bo would he entitled to the privile^^es and rights of a IJritish subject ; that when those ri.fliis were outraged and trampled under loot, he had only to shoiv tlie nature nf his grievance to the representative of His Majes- ty, the Governorofthe Province, ami to the Commander-in-Chief ofllid Majesty's Naval Fi)rce, and that instant redress woidd be obtained. Tiuit your Memorialist has been aggrieved and injured, is clearly substantiated by aflidavits, and to such an extent as induced liim to hope that your Excellency, (whose lively interest and anxiety for the Welfare and prosperity of the IJiilish Fisheries, has l)ee;j so pre-eminent- ly apparent,) and tlie Admiral, Commander-in-Chief on this Station, would iit once have adopted such means as would have insuicd to your Memorialist his just ri<:lits f.nd the protection due to a British subject. And that the individual, by whom your IMemorialist has been injured, would have been made to answer for his own act, in a manner which Avould have, in all probability, efiectuaily prevented the recurrence of like conduct, either on his part or that of others. Your Memorialist respeclfidly reiuesents that the case which has been submitted to your Excellency has been acknowledged by your Ex- cellency to be one of extreme hardship, and that the Admiral Com- manding in chief, has admitted to your Memorialist tluit for a British subject to carry on his lawful business, at a port in the Island of New- foundland, would be attended with risk ; and your Memorialist respect- fully subiuits whether, on a view of such circumstances, a British sub- ject does not stand degraded in his own eyes, and in the estimation of the very foreigners who have dared to counnit such outrage and injury. And when your Memorialist perceiv«;s that his vessels nuist remain at his wharf unemployed, by reason of the interference of foreigners, in the lawful pursuit of his business in a British Poll, nuist he not feel that he is out of the pale of British law, and that the authorities of his country are unable to afford him protection. That your Memorialist has expressed his willingness to afTord to your Excellency every means of identifying the individual by whom your Me- morialist has been injured, and that your Memorialist would place at the disposal of your Excellency, a good and sufhcient vessel for the purpose of bringing the aggressor l)efore tiie tribunals of His Majesty, but your Memorialist must regret that the individual whose conduct he has cause to coni|)lainof is out of the jurisdiction of your Excellency, and that the Admiral does not appear fully to comprehend the nature of the interest "which your Memorialist and the conuuunity understand he is sent to this country in time of peace to protect : And if it should be found that the authorities to whom your Memorialist has felt it his duty to ap- peal, cannot from any peculiar circumstance afford him relief, and as no tppa=u''e'' hnvo be^n nrlnntpil in nfford relief to vour Memorialist, vour re nieiuiontdj clleiicy woul'l ith Ihc Aflida- to (lie British sustained. that, heing a riti>h laws, he snlijcct ; that , ho had only of His Majcs- i-Chicf ofllid o'ltaincd. red, is clearly iuccd jiirn to ixioiy for the D pro-eininrnt- this Station, nsnicd to your ritish subject, hecu injured, manner which recurrence of =0 which has d by your Ex- dniiral Coni- for a British i-land of New- rial ist respect- a British sub- estimation of le and injury, lust remain at eigners, in the . Icel that he f his country afibrd to your liom your Me- ld j)lace at the n the purpose sty, but your t he has cause , and that the if the interest ud he is sent uld be found lis duty to ap- lief, and as no lorialist, your Memorialist respectfully requests that your Excellency will be jdeased to submit a Petition which your Memorialist will forthwith address to Ills Majesty on the suliject adverted to. Your Memorialist feels it is his duty to urge his claim, in order to elicit the fact, whether a subject of Ilif Majesty is to be robbed and in- sulted by a Foreigner, and prevented from attending to his business ui a Port belon'ring to His Majest), and be unable to obtain any redress. Halifax, N. S. July 5, 183G. To His Most Ercdknt Majesty niLLIMl the Fou. h, By the Grace, of God of the United Kingdom of Great BHtfin and Ireland^ King, S,-c. ifc. THE PETITION OF GEORGE HANDLEY, OF IIALIE.AX, IN THE PROVINCB OF NOVA-SCOTIA, MERCHANT, MOST UESPECTFLLLY SHEWETH, That your Majesty's Ptlit'oner was borti in England, and is a loyal and faithful subject of your Majesty. That Your Majesty's Petitioner has sustained wrong and injury from Foreigners, as is set forth and declared in certain Memorials wliich your Petitioner has addressed to Your Majesty's Lieutenant Governor of the said Province, and to the Commander-in-chief of Your Majesty's Naval force on the North American and West India Stations, copies of which are most humbly submitted to the consideration of Your Majesty, with copies of certain Afiidavits, the originals of which have been sent to the said Lieutenant Governor and the said Commander-in-chief. That Your Majesty's Petitioner has made up a statement of the loss he has sustained by reason of the conduct of one A. Baullet, of the brig Le Furieux, of St. Malo, and by reason of the improper conduct of American fishermen at the Magdalen Islands, as is fully set forth in the Memorials and Alhdavits before referred to, which statement of loss your Majesty's Petitioner most humbly submits to Your Majesty. Tiiat Your Majesty's Petitioner most humbly prays that Your Ma- jesty will be pleased graciously to extend protection to Your Majesty's Petitioner, and to others, his fellow subjects, engaged in the fisheries on the coasts, and in the Harbours belonging to Your Majesty; and that some measures niay be adopted by which Your Majesty's Petitioner may obtain redress for tiie loss and injury he has sustained. May it therefore please Your Majesty to take the subject into con- sideration, and grant such relief to Your Majesty's Petitioner as the na- ture of the case may require, or to Your Majesty's wisdom may seem meet. And Your Majesty's Petitioner, as in duty bound, will ever prav. Halifax, July 14, 1836. B 10 Halifax, Nova Scotia, Juh/ 14, 183C, My Lord, — Be pleased to present the accompanyir_^ Petition and documents to His Majesty, at such convenient time as your Lordsh'p may deem proper, if possible, without delay. I have the honor to be, my Lord, Your Lordship's humble Servant, GEORGE HANDLEY. To the Right Honorable Lord GleneJgf Secretary of State, London. Ilulifax, July 18, 1830. Sir, — I beg leave rr^oectfully to enclose a Petition to His Majes- ty, with copies of Meint.ials heretofore addressed to your Excellencv, and to the Commander-in-chief of His Majesty's Naval force on this Station, with copies of Affidavits, Slc. which have already been sub- mitted to your Excellency, and beg that your Excellency will be pleased to forward the same to England, by the Packet now about to sail. The whole are left open for the perusal of your Excellency. I have the honor to be, Sir, Your Excellency's humble servant, GEORGE HANDLEY. To His Excellency Sir Colin Campbell. Estimate cf Damages stistained by George Handley, in conseqmnce of the inter- ference of Captain Jl. Baullett, of the French brig Le Furicitx, of St. Malays, and his crew, at the Bay of Saint George, in tlie Island of J\'cw- foundland, under Vie circumstances set forth in the JKJidavits and Memo' Hals therewith submitted. Brig Dove, when loaded, will carry upwards of 900 barrels, Caught and delivered at Halifax, 138 do. % i Schr. Schr Anastatia, when loaded, will carry 750 Caught and delivered at Halifax, 153 762 597 1359 Value at HaliHix, at 17s. 6d. per barrel. Deduct the value of Barrels, Salt and Labour, 1359 bbls. at 5s. Gd. per barrel, £U8{) 2 373 14 (i Loss, ^•S15 lu addition to the above sum a further Iocs is sustained, in conse- quence of not having cargoes for the brigantine Dove, and schooner «r ^ f 14, 1836. , Petition and four Lordsh'p 11 Anastatia, to proceed on voyages to the British West Indies as per 'S'^^"™'- GEORGE HANDLEY. Halifax, Nova Scotia, July 14, 1836. 'ant, ANDLEY. 18, 1830. II is Majos- r Excellency, force on this r]y been sub- ill be pleased to sail, lency. int, INDLEY. EsUmale of Damages sustnined hy George Handky, in consequence of the mter- fercvce ofJinerican Fishermen ct Hnrhour he Bear in the Masrdoien Islands, tinder the circumtanccs set forth in the Jlffidavits and Memorials herewith submitted. Scbr. Mary, when loaded, will carry upwards of 800 bbls. Cautrht and delivered at Halifax, 153 Deficiency, C47 Value at Halifax, 13s. per barrel, -^420 11 Deduct the value of Barrels, Salt, and Labour, at 5s. 6d. per barrel, 1''''' 18 C Loss, .£242 12 G § Halifax, Nova Scotia, July 13, 1830. GEORGE HANDLEY. ce of the inter- \trieux, of iSt. flund of jVciv- ts and Memo- £1180 2 373 14 £Sirj 7 led, in conse- and schooner Admiralty House, Halifax, August 1, 1830. Sir --With reference to the affidavit of Samuel Oaks, of this place, Trader, of the Brig Mary, of Arichat, annexed to your Memorial to the Commander-in-chief, of the 24t,h of June last ; I have it in command from liim, to enclose for your information, the extract of a letter he has re- ceived from Commander Fair, of His Majesty's Sloop Champion, (with its enclosure,) who had been directed to enquire into the circumstance of the losses stated to have been sustained by the said Brig Mary, of Arichat. I am, Sir, Your very obedi'^nt Servant, JAMES A. SMITH, Secretary to the Commander-in-chief. Mr. George Hundley, Halifax. Extract of a letter from Commander Fair, of His Majesty^s Sloop Champion, dated at Pleasant Day, 27th July, 1830*. I have made the most strict and diligent enquiry, relative to the complaint made by Samuel Oaks, of Ihe Mary of Arichat ; and I have ^ 13 no hesitation in saying, that his statement is totally void of foundation. Mr. Bouftard, a Justice of the Peace, and resident at Harbour le Bear, perfectly recollects the Mary of Arichat having been here in May ; and during the presence of the Champion; and he is satisfied, that there was no legitimate cause of complaint against any of the American fishermen, either as regards the Mary, or any person whatever. I have made enquiry of every person residing here, capable of affording me any information ; and I have not met with a single individual, who ever heard of the interruption complained of by Samuel Oaks, nor do they believe it. I beg to enclose a letter I received from Mr. Bouffard, which with the enquiries I have made, and the fact, that the Champion was at anchor in Pleasant Bay at the time, will, I trust, be perfectly satisfac- tory. I 111 copy OP THE LETTER ALLUDED TO IN THE FOnEGOTNG EXTRACT. Magdalen Islands, 26th July, 1836'. Sir, — According to your request, I have the honor to inform you, that to my recollection, Mr. Samuel Oaks, on board of the schooner Mary of Arichat, who was here last Spring, for the purpose of Herring fishing, did not lodge with me any complaint against the American Fishermen, nor any other ; and I have not heard that he has been in- terrupted in the prosecution of his fishing ; I remember that he arrived from St. John's Newfoundland on the J5th of May, and was still here on the 28th of the said month. I remain, &c. (Signed) LOUIS BOUFFARD, J. P. RoBEBT Fair, Esq. Commander of II. M. S. Chaiupion. Halifax, ''2nd A If gust, 1836. Sir, — I have had the honor to receive your letter dated yesterday, enslosing for my information, the extract of "a Letter, which the Com- mander-in-Chief has received from Commander Fair, of His Majesty's Sloop Champion, dated at Pleasant Bay, 27th July. Perhaps Commander Fair may safely be charged with hasty and precipitate assertion, when he declares that the statement of Samuel Oaks is" totally void of foundation," and I am of opinion, that a solemn aifidavit made by a conscientious and respectable man, is not to be set aside so easily, being prepared to prove, that if the Champion was at anchor in Pleasant Bay on the lOth day of May, neither Mr. Oaks nor Mr. Bouffard were aware that such was the case, — but I must doubt that the Champion was at anchor in Pleasant Bay on that day. With Mr. Bouffard and his recollections, I have not much at pre- sent to do — but will furnish affidavits in due time, to shew the nature of the communication had with him on the subject embraced in the affidavits. I 13 >f foundation. t Harbour lo here in May ; satisfied, that the American tever. I have affording nie lual, who ever nor do they ffard, wliich mpion was at ectly satibfac- EXTRACT. 'i July, 1830. 3 inform you, the schooner e of Herring le American las been in- t he arrived as still here .RD, J. P. 1. I wish not to be misundei stood. I have sustained injury, and have respectfully prayed for redress. My purpose is, not to sTHSffit Com- mander Fair as an individual, but merely to state facts ; and if his name must of necessity be involved in the discussion, it says only, that Com- mander Fair has permitted that to be done which it was his duty to have prevented ; and that the mere fact of a Commander of one of His M ajesty's Sliij)s, permitting eighty American vessels to fish in a har- bour of the Maodnlen Islands, answers all objections, and establishes a case of itself, without at all being mixed up with tlie questions of loss. I. shall, hereafter, submit to the Commander-in-Cliief, sufficient in- formation, on several points connected with the subject under discus- sion, and in a spirit fir removed from anger — which will shew that my statements are correct : That I have sustained injury, that what I have alleged, and what has been aflirnied did take place, and the Ad- miral will not hesitate in his judgment ofthe truth and justice of my case — when three respectable men whom I can produce, will all swear distinctly to the truth of what has been alledged. Commander Fair will not deny, that all the circumstances were made known to him on the 22nd day of May ; and it was scarcely ne- cessary for him to have made " the most strict and diligent enquiry re- lative to the complaint made by Samuel Oaks" on the 27th July, when, had the same strict and diligent enquiry been made when all the parties were at hand, the facts of the case might have been elicited without a possibility of error or deception. I have the honor to be, Sir, Your most Obedient Servant, GEO. HANDLEY. To James A. Smith, Esq. Secretary to the Commander-in-Chief. r«- *<»-^< 'list, 1S36. d yesterday, z\\ the Corn- is Majesty's :h hasty and of Samuel hat a solemn ot to be set :)ion was at [r. Oaks nor must doubt lay. luch at pre- the nature 'need in the Admiralty House., Halifax, Septcmhcr 28, ISIJG, Sir, — With reference to the Affidavits of the persons named in the margin, annexed to your memorial of the 24th June last, 1 have it in command from the Commander-in- chief, to subjoin, for your information, two extracts from the Allidavits of three Merchants resident at St. George, in the Bay of that name, in the Island of Newfoundland, and which Affidavits have this mo- ment been received from Captain Bennett, of His Majesty's Ship Rainbow, who had been directed to enquire into the circumstances of the interruption complained of in your said Memorial. 1 am further directed to add, that the afTidavits received from the Captain of His Majesty's Ship Rainbow, as also the report of Comman- der Fair, of His Majesty's Sloop Champion, alluded to in my letter of Peter McPhee, llobert Downey, Martin Flemininff. 14 the 1st iihimo, will be forwarded for the consideration of His Majesty's Govermneut. I am, Sir, Your very obedient Servant, JAMES A. SMITH, Secretary. Mr. GEoncE Handle v, Halifax. EXTRACTS. " And this deponent further saith, that the charges against the said " A. Binll'jt, as set forth in certain aflldavits, made by Peter IMcPhee, " J'obeit Downey and Martin FInmming, are exaggerated ; and tliat the "said misters and crews of the IJrigantine Dove, and Schooner Anas- " tat! , brouglit upon themselves wliat occurred, by vulfully i\m\ niali- " cioiish/ persevering, contrary to the custom of tliis Bay, in injuring " the Fisliery ; l)y in;iking use of a Caplin Seine, which is never done " here at the early season of Herrings, as it invariably drives them out '• of the harbour into deep vvatrr, to the great loss and inconvenience " of the resident Fisnernien of tiiis place." " Neither does this deponent believe that the said A. Baullet took " from the Dove or Anastatia any Herrings, or other fish ; and this de- " j)onent atllrmsthat the Capliu Seine, so taken by the said A. Baullet " from the said crews of the Dove and Anastatia, was returned to thern " upin a promise th' t sliould not again be used, to the detriment and " loss of the inhabitants of this harbour ; but, nevertheless, the said " master and crews of the said vessels, the Dove and Anastatia, on the " following day, and as long after as they chcjse to do so, did mnke use "of their Caplin Net, aud in so doing, inflicted a serious injury upon " the inhabitants of tiiis place." Thursday, Scplanhcr 29, 1S3G. Sir, — I have this rnoment had the honor to receive your letter dated 28tli Inst, and, with.oui at present entering upon the suhjects therein adverted to, reppectlully recpiopt that you will furnish me with the names of the parties from whose affidavits you have made the ex- tracts with which I Inve beeii favored. 1 have the honor to be. Sir, Your very obedient servant, GEORGE HANDLEY. To J AS. A, S.MiTH, Esq. Secretary to the Commander-in-chief'. «r *»- f His Majesty's r, Secretary. lo AdmiraItT/ House, Halifax, fy'rid. oO, Ic^fio, Sin, — The names you request in yours of yesterday's dale art;, Messrs. John Parsons, Samuel Sawyer, John Misservey. I have the honor to be, Sir, Your very obedient servant, JAMES A. SMITH. igainst the said Peter McPhee, d ; and that the cliooner Anas- ul/i/ and mali- \y, in injuring is never done Irives thcin out inconvenience L. Baullet took 1 ; and tliis de- said A. Baullet urned to them detriment and eless, the said astatia, on the did make use us injury upon Halifax, October 4, 1830, SrR, — I had the honor to address yon on tlie 29th idtiino, request- ing the names of the persons who had subscribed certain atlid.nits re- ferred to in your letter of '■2^lU ultimo, with w hich 1 liavo bci n t'M^ni^h- ed. Since then a master of one of my vessels has arrived in lliis port, to whom I have shown the extracts with which you have favored me. Tlie statements contained in those extracts lie asserts are n:i/Jiil niali' ciui(.i misre//r(:^in(af.i()iis, and so utterly at variance with the truth, that it now becomes necessary for me to be providtui w ith |)erfect copies of the said affidavits, so as to enable me to reply to the letter you did me the lionor to write to me, by direction of the Cuinmander-in-cliie(, dated the 2dth ultimo. And 1 now respectfully request that you will furnish me with copies of the affidavits before mentioned, the name of the m.iiiistrate h(;lbre whom they were taken, with the date, and aisy other matter which you may please to comir.unicate respecting the same. A vessel will be sailing lor England in a few days, and as the time will be but short, 1 crave your indulgence in requesting copies of the said affidavits, as early as i;obsible, as J arn anxious to re[;ly to your letter of 28th ultimo. I 1 have the honor to be, Sir, Your verv obedient Servt. UEOllGEllAINDLEY. To James A. Smith, Esq. Admiral House. fr29, 1S3C. ive your letter a the subjects uriiish me with made the cx- [ANDLEY. n-chivf. Admiralty House, Halifax, 5th October, 1S3G. Sir, — I enclose the copy of the Affidavit of Mr John Misscrvey, those of the other persons being precisely lo the same ellect. As ibrse affidavits will be transmitted l()r tlie cousifii'iaticMi of His Majesty's Go- vermnent, and having nothing more lo conimiinicate lor your inlorma- mation, the Commander-in-chief sees no necessity for further corres- pondence on this subject. 1 am, Sir, Y'our very obedient Servant, JAMES A. SMITH. Mk. Georoe IIandley. 16 COPY. i' I, John Misseuvey, Merchant, residing in the Town of St. George in St. George's C.?y, in the Island of Newfoundland, do voluntarily make oath, that on or ahout the 27th day of May, in the year of our J.ord one thousand eight hundred and thirty-six, the Briga'ntinc Dove of Halifax, liohert Downey, master, arrived in the harbour of St. George' fur the purpose, as by the crew stated, of taking Herrings in the said harbour. That on or about the .30th of tiiC said month of May, the crew of the said Brigantine, in common with that of a Schooner called the Anastatia, also beioiigiiig to Halifax, commenced hauling their nets for herring, and cught some quantity. That on or about Wednesday, the 1st day of June, it havincr been observed by the inhabitants of this place, (English as well as French,) that the crew of the said vessels were preparing to shoot a Caplin Seine lor the purpose of taking Herring, and which is contrary to the custom of the fishing in this harbour, at so early a pci'iod, as by so doing the Herrings are driven out from the harbour, to the manifest loss and dis- advantage of every fisherman here residing, and the major part of whom are Jiritish subjects. That findiuiT the crews of the Dove and Anastatia were so acting, information was conveyed to the said crews of the above named vessels,' that such could not be permitted, and that i{ they continued to use their Caplin Seine, great loss would occur to the resident fishermen by the lierrings being driven off, and that their Caplin net would be seized, if they persevered in so doing to tiie injury of the fishery. That the French brig Le Furieux, of St. Malo, commanded by A. Banllet, was at this time lying in the harbour of St. George, and that it was understood that many of the inhabitants of this harbour, (English as well as French) made application to the said A. Baullet, for assistance to prevent the loss, to which they must be subject by the Caplin Seine being used by the crews of the Dove and Anastatia, and that in conse- queuce thereof, the said A. Baullet, did comply with their request, by going or sending to the said vessels, the Dove and Anastatia, and in consequence of their having refused to desist, hedid, it is believed, seize the said Caplin Seine ; but this deponent does not believe that tbe said A. Baullet stated that " he had any exclusive right of fishing, or that he " held any commission from the French Government to prevent British " subjects fishing on any part of the coast, from Cape Ray to Cape St. " John." Neitheir doth this deponent believe that the said A. Baullet took from the Dove or Anastatia any herrings, or other fish ; and this deponent affirms that the Caplin Seine, so taken by the said A. Baullet from the said crews of the Dove and Anastatia, was returned to them upon a promise that it should not again be used to the detriment and loss of the inhabitants of this harbour ; but, nevertheless, the said master and crew of the said vessels, the Dove and Anastatia, on the following day, and as long after as they chose to do so, did make use of his Caplin Net, and in so doing inflicted a serious injury upon the inhabitants of this place. And this Deponent further saith, that the charges against the said 17 I of St. George, do voluntarily 10 year of our ga II tine Dove, r ofSt. George, T8 in the said h of May, the chooner called ling their nets it having been ill as French,) I Caplin Seine, to the custom so doing the ; loss and dis- rpart of whom sre so acting, lamed vessels, d to use their ermen by the be seized, if landed by A. s, and that it ir, (English as for assistance Caplin Seine that in conse- r request, by itatia, and in )e!ieved, seize that tiie said ig, or that he event British f to Cape St. lid A. Baullet ish ; and this id A. Baullet rned to them letriment and lie said master the following I of his Caplin nhabitants of inst the said A, Baullet, as set forth in certain affidavits, made by Peter McPhcc, Robert Downey, and Martin Flemming, are exaggerated, and that the uaid masters and crews of the brigantine Dove, and schooner Anastatia, brought upon themselves what occurred, by wilfulbj and maUciotisly persevering, contrary to the custom of this Bay, in injuring the fishery by making use of a Caplin Seine, which is never done here at the early season of Herrings, as it inevitably drives them out of the harbour into deep water, to the great loss and inconvenience of the resident fisher- men of this place, the much greater part of whom are British subjects, and earn their living as fishermen. And this deponent further saith, that the few French residents of this place live in the greatest harmony with the English inhabitants, and they seldom hear fi\c\\ of any unkind or uncivil acts being resorted to by the French vessels which frequent this coast yearly, as they are permitted to do by Treaty. And the deponent further saith, that he believes the said brig Le Furieux, is at present fishing upon some part of the Labrador coast, if not returned to St. Malo. Signed, JOHN MISSERVEY. Sworn before me, on board His Majesty's Ship Rainbow, in St. George's Harbour, Newfoundland, this 29th day of July, in theyear of our Lord, 183r), thero being no civil magistrate here, or near this part of the coast. (Signed) THOMAS BENNETT. Captain of H. M. S. Rainbow, and Senior JVuval Officer of JVcwfoundland. Halifax, mil Ocfober, 1836. Sir, — I have had the honor to receive your letters dated 2Sth ul- timo (before acknowledged) the 30th ultimo and />th current, also copy of the ailidavit made b) John Misservey, dated '^Oth July. 1 regret that in your letter oftheoth instant, you observe that the " Commander-in-chief sees no necessity for further correspondence on this subject," because I can perceive, tl)at the Commander-in-chief per- sonally has little interest in the claims of a British subject, which must of necessity involve trouble and responsibility ; and that, to leave out of ([uestion the great principle invoh/ed in the discussion may be very con- venient, and whether Foreign or British interest has the ascendency is not for a moment worthy of consideration. I again alledge that I have been injured, and that I have been in- sulted and robbed of my property by a Foreigner. And the question has been, and will be, whether I am to be remu- nerated for past grievances, and protected from injury in future. But every enquiry made by authority of the Admiral, Commanding- m-chief, so far as I can gather from your letters, has been to shelter and protect a foreign interest in defiance of the plain letter of the Treaty with France, and deliberately to perpetuate an injury to a British subject for the special benefit of foreigners. In your letter ofSt^lh ultimo, you say, " I have it in command from 18 .If.: " the Commander-in-chief, to subjoin, for your information, two extracts " from tlie aflidavits of three merchants resident at St. George's, in the "Bay of that name, in tlie Island of Newfoundland, and wliicli uilida- " vits have this moment been received from Captain IJeniiett, of His " Majesty's Slii[) Rainbow, who had been directetl to emiiiire into the cir- " cumstancos," &lc. All the cn([uiries Capt. Dennett has made, as fur as they rro, aimed at one point, viz. to destroy the validity of the solenni alKduviis of three respectable individuals. Had the Commander-in-chief thouirht fit to have aslced my opinion in the matter, I could have rendered all the allidavits ol which you have furnished extracts unnecessary; because I had then, and now have, men of character and respectability, who will testify, nay prove, that all things spoken of and declared in the affidavits, which individuals have dared at their peril to designate, as extracted by you, in the following words, " And that the said masters and crews of tlie briacU again. Signed, AVILLIAM CUKTIS. Sworn to at Halifax, N. S. this -ilst day of Oct. l^'Sd, Before me, JOHN LIDDELL, J. P. ,1 Province of Nova Scotia, Halifax, to tvit. Robert Downey, of Halifax, in the Province of Nova Scotia, master Mariner, maketh oath and saith, Tiiat he was the master of the brig Dove, when that vessel arrived at the Bay of St. George's, in the Island of Newfoundland, on the 2*th day of May last past, lor the purpose oi' pursuing the herring fishery, and that every statement as set Ibrth in the several aihdavits hereunto annexed, relating to certain interferences on the part of one A. Baullet, the master of the French brig Le l"'urieux, is just and true in every particular. And this deponent further saith, that from the day of his arrival in the said Bay, until he sailed for Halifax aforesaid, none of the inhabi- tants of the said Bay intimated to him or his crew, that it was contrary to the custom of the place to make use of a seine in the Fishery ; and this deponent has always understood, and believes it to be custouiary to seine fish in that Buy every spring, as early as the fish come into the Bay, as they remain only a few days. That the caplin seine referred to in the said affidavits, and belong- ing to the Dove and Anastatia, is about twenty five fathom.s long, and two fathoms deep, and had not been used for three hours in the fishery, before it was taken possession of by the said A. Baullet, and during the time this deponent remained in t!ic Bay, the said seine was not again used. That afier the said A. Baullet and his crew had taken possession, and deprived the masters and crews of the Dove and Anastatia of its use, they (the Frenchme?i) continued to take herriiigs with their seines, which are generally from fifty tc. seventy fathoms long, a.jd about six fathoms deep, until their vessels were suittcicnily loaded, and having caught more fish than they required, they threw overboard from twenty to forty barrels. That on the day upon which the French vessels completed their loading, which was about four or five days after the seine was taken from the masters and crews of the Dove and Anastatia, this deponent did, with permission granted to him by the said A. Baullet, make use of a seine belonging to Michael Cullerton, the master of the schooner William, and which seine was used one day ordy. And this deponent lastly saitli, that the utmost extent of time du- ring which the seine was in use ibr the Dove and Anastatia, did not exceed fifteen hours. Signed,. ROBERT DOWNEY. Sworn to at Halifax, N. S. this 21st day of Oct. 16UG, Before me, JOHN LIDDELL, J. P. To Ih I ;i « «- was laknn pos- IJfiiillct, iiiiistcr, Fiirieux, by tli;; ! not (jiven Unch M CUKTIS. a Scotia, mastci icr of the brij^ 's, in tlie Islanil the purpose oi' 5 set tbrtli ill the nterferences on rig Le Furieux, of his arrival in ! of the inhabj- it was contrary ! Fisliery ; and be customary to ime into the Bay, its, and belong- lonis lonj:^, and s in tl'.c fishery, and during tlio .snot again used, ken possession, astatia of its use, itii their seines, a.jd about six led, and liaving ird from twenty completed their i was taken from i deponent did, make use of a diooner William, ent of time du- astatia, did not ' DOWNEY. 21 Jlalifax, N. S. Oclohir 5i-2, I83t). RIv Lord, — I liad the honor to address your Lordship under date 14th July last, accompanied with certain documents relating to losses sustained by me, through the interl'erence of Foreigners on tlie coast of JNewfoumlland, in the lawful pursuit of ujy business. I again res|)ectfidiy recpiest to submit the enclofcd aflldavits for your Lordship's consideration, as being corroborative of the allidavits before transmitted. The peculiar line of conduct pursued by the Admiral Commanding in Chief on this station, in inv(!sligating the circumstances as set fortli in the before mentioned allidavits — the result of which will, as I am inlbrined, be transmitted to your Lordship — renders it incuml)ent on 510 to forward the enclosed, and at the same time to intimate to your Lordriiiip lliat I shall transmit, by the earliest opportunity after the ar- rival of the parties here, other ailidavits, which will, 1 hope, fully and el- fectually remove any iuipression intended to be made by the affidavits oblained by Captain Bennett, of His ]\Lijesty's Ship Rainbow, of cer- tain individuals resident at the Bay of St. George's, in the Island of Newfoimdland, and fully substantiate, in every particular, the statements which I have made. I have the honor to be, my Lord, Your Lordship's humble Servant, GEORGE UANDLEY. r*.> llic Rli^lil HonorahJe Lord GlcneJa;, i:'ccreturij of Slate, London, Province of Nora-Scotia, Hal ijax., ss. Jamks SNAnnr-N, of Halifax, in the County of Halifax, and Province of Nova Scotia, xMaster Mariner, maketh oath and saith — That he has for several months been the master of the schooner Myrtle, which is of the burthen of sixty tons or thereabouts, and is owned by Herbert Bazel- gette, of Halifax aforesaid, merchant. That this deponent sailed from Halifax in the said schooner Myrtle, with a crew of eight men, bound to the Bay of St. George's, in tlie Is- land of Newfoundland, for the purpose of prosecuting a Herring fishing voyage, and arrived in the said Bay in the month of\May last past, and commenced the said fishery ; and that while this deponent and his crew were so engaged, on Wednesday the first day of June, 'his deponent witnessed a number of boats, manned with Frenchmen, proceed towards the boats of the brigantine Dove and schooner Anastatia, the crews whereof were also engaged in the Herring fishery. And that they (the Frenchmen) took possession of a seine and boat belonginir to the said vessels, and towed the said boat alongside a French BrHr. ^commanded by one A. Baullet. °' That on Sunday following, this deponent, in consequence of such behavjour on the part of the Frenchmen, went on board the said French I S3 Bl■i^^ for flio ptirposo of fiskinir pcrmicisinn toliaul a soinc ; llio coninian- si.)n ;irantpd to him l)y tlio French Govorii- nieiit, for' which privihire lie, the said A. IJ:jid!et, paid to the French Govermnent the sui-.i of (some) thousand francs per year, and that the s-iid coinaiissiou aiifliori/ed him to prevmt British vessels from fisliiufr ill l!ie !i;irl)()iir of. St. Geor-e's. And this deponent saith, that tlje said A. n iiilir bor. <)ii tho shiii twenty-ti ;i junior two Fre not com .! stances there wi on the sliip Gh said scl Swor ? JG M Octobc •,oninirin so ; l)iit vilc^ro ot" ^aid A. Govnrii- ? French tll.'lt tlic 1 iisliiiig the said B lislirry, omiilclc'd inlbriiu.'d lie ntlur I a ;;rt' lit- is llirowu iili .loliii 'tor of n. tlic t-aid ;iirr(Micos i this de- ll Misspr- ch I'lsher- leine not r.llldavits liliiiij ccr- rr \',', with n!!f-l:!t.ia ; \\i\ii ihoii (jcor;jrn's, th ill the i just and 3DEN. I Province vas rctinp; iicr iMary, ,(Y avrivrd ii!f of t^t, )r;o oi'pnr- r iho crcuv hat on thn 23 •..« of ihn .ivtccnthof Mav, two men, part of tlin crew of an A«nc- '";?:;; fs^wm'^^ -I mk-J^ ^^-y the net nu.orings belon.u,^ to tliu cnTUinstanrcs which h.ul uLtuiini, wiun his dei.o.u.ut to report the circumstance on his return to llJila. a. t ': intention tl. report the tacts to the F^-r aut oriucs u. l^-^ h.c. That on Wech.esday alu-rnoon the c.^diteenth ol J^ - ^^^ '^ :\ ,.ty's Ship ClKunpion, ConunaiHler Fair, anchored m 1 -- '^/^; ; h-U there vas no co.nmunicaiun belueou the said ship and ll.ii b■ i 24 your Lordslilp. 1 have thought myself justified in expecting from Ills Majesty's Government, the protection to which every sul)jcct of his Ma- jesty deems it his privilege to be entitled, and I rest fearlessly upon the justice of tiiecase vvhicii 1 have brought before your Lordship. Being now prepared to furnish other corroborative facts, (as antici- ])ated in niy last letter,) such facts I now submit under ailidavit for your Lordship's consideration ; and feeling most accutely the extent of the joss I have sustained frori the interference of foreigners, I am compelled by a sense of duty to myself, to claim the protection of his Majesty's Government, to which I trust I am entitled, whether resident in Great Britain, or in any other partof his Majesty's dominions. In all this matter, 1 do most hrmiy and fearlessly challenge enquiry. I ask of your Lordshi]), a free, full, and ope^i en(iuiry into all tlie circum- stances of the case. I liave [)laced the evidence which I produce upon a plain And consistent footing, thatoftiic moral respectability of parlies who have (riven their testimony upon oaih ; and I come, in accordance with my sense of duty to his Majesty, and of duty to myself, to lay my complaint at the foot of the Throne. Alle'Mance and Protection are coincident ; to his Majesty I owe the Ibrmer ; and having been always impressed, by early associations and instruction, with the sacred character of the duty I thus owe to his Ma- jesty, I have been led to entertain high opinions of the privileges and Vigiit's whicli attach to the British name ; and to the security which that mune, of necessity and right, gives to its possessor. I do therefore most earnestly, for myself and my fellow subjects, claim the jjrotection to wliich I feel myself entitled, and which, 1 am sure, the Government of liis Majesty will grant to his subjects, in the fair and honest prosecution of the business in which they are engaged ; and that his Majesty's Go- vernment will be pleased to obtain redress for the injuries which I have sustained, as already stated to your Lordship ; and enable me again to feel that I am a Briton, sheltered and protected by the mighty arm of the country which gave me birth, and that an insult and injury to a British sul)ject, committed by a foreigner, will not be viewed by his Majesty's Government as a thing unimportant or unworthy ot notice. 1 have the honor to be, Your Lordship's most humlde Servant, GEORGE n AN DLEY. To the Right Ilonblc. Lord Glenelo, London. Jlalifai, Nova Scotia, 3(V/< November, 1830. My Loud,— I have had the honor to address your Lordship this day, and 1 resjjectfully recprest that you will be pleased to grant a favora- ble consideration to the subjects which I have thus brought bctbre your Lordship, and it is with a deep feeling of the injuries I havesustamed, that I have ventured to claim the protection of His Majesty's Govern- ment. Audfuniicf, I beg permission of your Lordship, to suggest the adoption of such measures, us will tend to prevent a luturc uijury to the 25 I from Ilia ;t ol'liis Ala- y upon the lip. i, (as antici- IV it for your ent of the Tj conn)cllo(l s Majesty's It in Great ige enquiry, tlie circiini- >duce upon y of parties accordance , to lay my ty T owe tlic ;iations and to liis Ma- ivileoGS and wliicli that :!rcforc most rotection to ,'ernnieiit of prosecution Majesty's Cio- hich I have me again to !.y arm of the to a Britisli is Majesty's lit, NDLEY. hn; 1880, ordsliip tliis ant a favora- L belbru your ve sustained, y's Govcru- sug.jrcst the injury to the I subiccls of IJis Majesty'?, and remove the existing cvil.ccca^ioned by iLo dlicit trade now carried on by Foreigners, on the shores of thetc His Majesty's Nortli American possessions ; and that too, at an expense so trilhn's as compared with tlie advantages that would result from tlie adoptfonjihatit has appeared singular that the mode has not been sug- (rostcd to His Majesty's Government, by some of the local authorities ofthesc Provinces. .11 It would appear that His ]\lajesty's Government, and the Admirals rommandiug on the Station, have tliought that two or three Frigates or Sloops-ol-V/lir, stationed en the coasts of these Trovinces, the coast ot Newfoundland, and in the Gulf of Saint Lawrence, would be suflicieut to protect the British Trade and Fisheries— but a single glance at the ciiart of these I'rovinccs, Newfoundland and the Labrador shore, will convince your Lordship that such a result cannot be expected from the best exert'ions of the most energetic of His Majesty's OfTiCcrs, com- inandiiii; Frigates or Sloops-of-SVar tliis has been proved, and the ex- perience of the last twenty years fully uemonstratcs, that the present .system intended to j)rotect British interest has totally failed, and has been worse then useless ; such fc'hips cannot alTord the requisite protec- tion to Britiaii trade and fisheries, on the shores of these His Majesty's possessions, while Foreigners enjoy a right in common with British subjects, toi)ursue tlio fisheries on a range of coast two th.ousand^ five hundred miles in extent'; the movements of His Majesty's Ships appointed for the jjerlbrnuince of this duty, arc watched and known with an aculeness and accuracy, which would appear to be marvellous, a system of signals from hill to bill is perfected in ma- ny parts of the Provinces, and the Commander of one of his Majesty's ships cannot order a tojjsail to be unfurled, nor can he land at any port without the knowledge of many prying individuals, being at once busy in ascertiiiniug from himself, his oihcers or crew, what is' his destination and his object. To obviate this, I respectfully suggest to your Lordship, an eco- nomical remedy, certain in its eflects : that his Majesty Government provide a few small vessels, say eight or ten, of from GO to 100 tons burthen, commanded by active ollicers, well manned and armed, tu sail fast. One to be stationed in the Bay of Fundy, two on the south coast of this Province, between Cape Sable and tlie Gut of Canso, one on the coast of Capo Breton, from the Gut of Canso to Saint Ann Harbour, two on the coast of Newfoundland, two in the Gulf of Saint Lawrence, to visit every port and iishing ground from the Gut of Canso to Gaspc, to include the Islands of Prince Edward and the Magdalens, and two on the Larbrador coast. Such vessels would do more to pro- tect the trade and fisheries, than all the large ships of His Majesty's Navy, thus visiting every Harbour and Bay, constantly on the alert, beating u\) the (juarters of the smugglers, which are generally in the small harbors that His Majesty's frigates or sloops of war cannot enter. Until some such plan is adopted, the evils now complained of will not only continue, but rapidly increase. The operationsof Foreigners in their illicit tratlic are simple, and of easy acconqilishment, on the ex- tensive, antl at present unprotected shores orHis Majesty's Nortii Aine- 26 rican possessions ; and I have long been aware of a system of Irado pursued by the Americans, which has damped the energies and de- stroyed the best interests of His Majesty's subjects residing in these Provinces. If youi* Lordship will be pleased to refer to the Convention between Great Britain and the United States, dated the 20th OctoI)er, 1S18, your Lordship will perceive how easy it is for the people of the United States, in their fisliing vessels, to enter our liarbours for tlie purpose of illicit trade; a trade alike injurious to all classes of Ilis JMa- jesty's subjects, subversive of ihcir rights, and calculated to consolidate and strengthun the power of the United States, in just such proportion as it is impoverishing the subjects of His Majesty. It will appear to your Lordship that, uader the convention][adverted to, the Americans have First, — The privilege of pursuing the Fisheries on the coasts of Labrador and Newfoundland. Secondly, — That they are permitted to enter into the Bays and Har- bours of this Province for shelter, for rejjairing damages, of jirocuring wood and water, but for no other purpose whatever ; and that they shall be under such restrictions as may be necessary to prevent them fronj taking, drying, and curing fish ther'.in, or in any other manner abusing the privileges granted to them. Your Lordship, however, may not be aware that heavy duties are imposed on every description of fisli by the Government of the United States, except when caught and cured by citizens of that country ; and, in the exposed state of the extensive coast of this and tiie neighbouring Provinces, American vessels, sailing under Fishing Licences, visit all the ports where Fishermen reside, and purchase fish of every description, oil, &c. for which they pay in uncustomed goods. Tlie Provinces in this ■way are inundated with smugglers and smuggled goods ; the fair trader is injured, the revenue, of course, has sulfered, and the morab of tho people engaged in such trallic, must be corrupted. These, it is respect- fully subniitted to your Lordship, arc subjects of great importance ; and theattention ofhis IVLijesty's Government may perhaps be directed to the prevention of evils, which, in their consequences, prevent the con- sumption of British manufactures, sap the foundation of those principles of affection to our Mother Country, which it is most desirable to foster and perpetuate, and render an illicit traliic the business of a great pro- portion of the people on the shores of the Provinces. I have the honor to be, my Lord, ' Your Lordship's humble Servant, UEOllGK IIaNDLEY. To the Right JJonorahle Lord Ckndgf (Secretary of Stale, London. tcm of Irado TGics and de- iding in these c Convention !Oth OctoI)er, people oftlic bours for the 3S of Ilis JM-i~ :o consolidate zh proportion ition"ad verted the coasts of Bays and Ilar- of j)rocurin,