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 18th CONGRESS, 
 2d Session. 
 
 [101] 
 
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 PBGdIDEKT OF THE UNITED STATES, 
 
 TKAHSXITTIKS 
 
 A further "Report from the Secretary of State, 
 
 , i*- ^'.. oir xn ivanoT ov TBI 
 
 THE £ AST SEASON, Iir 
 
 THia BAT Olf ¥\i;j^i>x. 
 
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 February 26, 1825. 
 Read: Ordered that H lie upon the table. 
 
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 fBIRTES BT GAIBS & BKATOIT. 
 1825. 
 
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 2b the Speaker of the House of Bipremtatives: 
 
 I transmit to the House of Rspressntatires a farther Report from 
 the Secretary of State, in pursuance of their Resolution, of the 1st 
 instant, with the papers to which it refers, upon the subject of the 
 
 capture and detention of American Fishermen, the last season, in the 
 Jiay of Fundy. > 
 
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[101] 
 
 6 
 
 Department OF State, 
 
 Washington, Z5d Feb. 1825. 
 
 The Secretary of State has the honor to fay before the President of 
 the United States the copy of a letter, dated the 19th instant, re- 
 ceived from Mr. Addington, Charge d* Affaires, from Great Britain, 
 together with copies of tlie Pa|»er8 by which it was accompanied, as 
 offering additional information upon the subject of the capture and 
 detention of American Fishermen, the last season; in the Bay of 
 Fundy: all respectfully submitted to the President, as a supi»leroent 
 to his Report, of the l6th, pursuant to a Resolution of the House of 
 Representatives, of the 1st instant. 
 
 < ., JOHN QUINCY ADAMSl. 
 
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 ._' , .. Enclosures* 
 
 Mr. Addington to Mr. Adams, - lOth Feb. 18S5. [Copy,] 
 
 Evidence of Mr. Tonoeau, Midshipman* 
 
 and others, relative to the detention of ' 
 
 the Rebecca. ' 
 
 Same, ' relative to the detention of the 
 
 schooners William, Galeon, Hero, and 
 
 Pilgrim. 
 Sapw, relative to the detention of the 
 
 achoontrs Reindeer and Raby. 
 Mr. Jones to Capt. Hoare, of the Dotterel 8th Nov. 1824. IGopy,] 
 Mr. Protheroe, to the same, - - 9th ** , ** 
 
 Capt Hoare to Rear Admiral Lake, - 25th « '' " 
 
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 [101] 7 
 
 Mu Mdington to Mr. ^dams. 
 
 'Waihinotoic, 19th February^ 1825. 
 
 8iB: On the 8th and Slst of September last. I had the honor of 
 receiving from the Department of State, two letters in which, my 
 good offices were requested, in behalf of certain individuals of the 
 state of Maine, engaged in the flshing.trade, who desired redress and 
 reparation for injury done them, by tHo seizure uf their vessels by 
 His Majesty's 8Ioop Dotterel, while employed in cruizing on the 
 coasts of Hi^ Majesty's North American possessions. 
 
 I informed you, sir, in reply to these communifations. that I should 
 forthwith, address an application t<tthe British Naval Commander.in 
 Chief, on the North American station, recommending that .a full and 
 impartial investigation should be instituted, into the-, various caHcs 
 vrhich formed the grounds of cotriplalnt on the part of the American 
 Government. 
 
 I have the honor to transmit to you herewith, copies of a corres- 
 pondence which took place, in consequence of my application, be- 
 tween Captain Hoare, commanding Ais Majesty's Sloop Dotterel, 
 and Rear Admiral Lake, in reference to the cases set foi-th in your 
 letters, above mentioned. The depositions of the ofliders and men, 
 concerned in the capture of tbe Uebecca, Ruby, Reindeer, William, 
 Galeon, Pilgrim, Hero,.vesMels therein enumerated, are also annexed. 
 
 By a perusal of these documents it will, I trust, sir, most conclu- 
 sively appear to you that, the complainants have no just ground of 
 accusation, against the officers of the Dotterel, nor are entitled to 
 reparation for the loss they have sustained. That, on the contrary, 
 they rendered themselves, by the wilAil irregularity of their own con< 
 duct, justly obnoxious to the severity- exercised against them, having 
 been taken, soioie^a^rante diiicto. and others in such a position and 
 under such circumstances as rendered it absolutely impossible, that 
 they could have had any other intention than that of -pursuing their 
 avocations as fishermen, within the lines laid down by treaty, as 
 forming t'^e boundaries, within which such pursuit was interdicted 
 to them. 
 
 With regard to the charge preferred against Captain Hoare, of his 
 having converted detained American vessels, prior to their adjudica- 
 tion in the courts, into tenders fur assisting him in his operutions 
 against the vessels of the s ame country, I have only (n observe that 
 that officer broadly and in the most^explicit terms, denies ever having 
 committed or authorized one such act. And in respect to the other 
 accusation, adduced by the complainants, of maltreatment by the 
 British officers, of those persons whose vessels had been- detained. I 
 trust, that a perusal of the inclosed papers will make it eijually 
 clear to you, that that charge Is entirely unfounded. 
 
 I cannot but apprehend, sir, that the acrimony with which the pro- 
 ceedings of Captain Hoare have been viewed by the citizens of tlic 
 state of Maine, employed in the fishing trade, on the Britiiiii North 
 
 ■^«;m-. 
 
[101] 
 
 American coastii, may be justly ascribed to^the circumitance of the 
 recent .substitutiun of vigilance, on the part of British cruizers, for th« 
 laxity which appears to have prevailed heretofore in guarding those 
 coasts from the intrusions of foreign fishermen and smugglers: and I 
 doubt not that if those persons could be prevailed upon to confine 
 themselves within the limits prescribed to them by treaty, no oause 
 ofdissention or complaint would ever arise between the individuali 
 or vessels of the two nations. 
 
 It remains for me to observe, that in one case, in which, by the 
 ignorance of the Midshipman employed in the service, the Territory 
 of the United States had been viola|ed by the pursuit and seizure of 
 an American vessel, within the American boundaries; Captain Hoare 
 made all the reparation in bis power, for his officer's misconduct, by 
 delivering up to the Americans the boat which had been detained, and 
 paying all the oxpences incident to her detention. 
 
 1 have the honor to be, with distinguished consideration, sir^ your 
 most obedient humble servant. 
 
 ♦ ,; i H. U. ADDINGTON. 
 
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 Evidence of Mr. Tou%eau, midshipman't and the crew of the yawl boat 
 belonging to II. J/, sloop Dotterel, relative to the detention of tht 
 American schooner Hebecca, 
 
 • » 
 
 Mr. Touzeau, midshipman^ exapained, relative to the detention of 
 the American schooucr Rebecca. 
 
 Question. Wore you in the yawl when Mr. Jones detained the 
 American schooner Rebecca? , r,> '^ " i|p * •« 
 
 Answer. Yes. '^ ' - * v * '^ 
 
 Ques. Do y,ou know Mr. Jones's reason for detaining her? 
 
 Ans. Mr. Jones went down to board an English schooner, and one 
 of the men who was on board, by the name of Wright, as pilot, be- 
 longing to an Ameri(fan schooner, told Mr. Jones that his vessel came 
 in for wood and water, at which Mr. Jones appeared to be satisfied; << 
 and on leaving the schooner, saw the American schooner getting un« • 
 der weigh, ran down and fired several shot across her bows to bring 
 her to, she not heaving to, chased her across the Bay of Fundy. 
 About 8 P. M. of the same day, lost sight of her. Some days after, 
 observed the same schoouer at anchor near Gull Cove, cleaning fish-' 
 and heaving the gurry overboard. ' Mr. Jones detained ber, and she 
 was subsequently taken to St. Johns. 
 
 Ques. How was the weather? 
 
 Ans. Perfectly clear and fine weather, with a moderate breeze. 
 
 Ques. Was it fair wind to the fishing ground? 
 
 Ans. Yes — we sailed in that direction. 
 
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 [101] 
 
 Thomai Ricliardson examined. 
 
 9- 
 
 Ques. Do you remember the circumiitances relative to the deten' 
 tion of the American scliooner Rebecca? 
 
 Am. Yes. 
 
 Quos. Relate all you know about her. 
 
 Ans. When wo first intended to board her, she made sail from us; 
 we then chased her over to the Nova Scotia shore, where wo lost 
 sight of her about 11 P. M. About three or four days after, we again 
 saw her at the Grand Menan. lying about a mile from the shore, 
 cleaning fish, throwing the gurry overboard. Mr. Jones then detain- 
 ed lier and carried her to St. John's. 
 
 Ques. Where was she laying? 
 
 Ans. In some harbor at th«> Mcnan; but cannot recollect the name. 
 
 Ques. What quantity of wood and water do you think she liad on 
 board? 
 
 Ans. About three or four forty gallon casks, and about two cordi 
 of wood. 
 
 Ques. How was the weather when you boardrd her? 
 
 Ans. Fine weather and clear with a moderate breeze. 
 
 Ques. Do yuu know whether the wind was fair for the fishing 
 ground? 
 
 Ans. Yes; the wind was fair. 
 
 Felix 8haw, private marine, examined. 
 
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 Ques. Were you in the yawl with Mr. Jones when he detained the 
 American schooner Rebecca? 
 
 Ans. Yes. 
 
 Relate what you know about her. 
 
 Ans. She came to anchor with another schooner in a small harbor 
 in the Grand Menan. While we were lying there, the foretopsail 
 schooner got under weigh, and w^e boarded her; while on board of 
 her, the other weighed and made sail, we then made sail after her, 
 and chased her across the Bay of Fundy over to the Nova Scotia 
 shore, where we lost her after dark; some days after, we saw her 
 again at anchor within a mile of the shore, near Gull Cove, throwing 
 the gurry overboard, Mr. Jones seized her and took her to St. John's. 
 ' Ques. What quantity of wood and water bad she on board? 
 
 Ans. I do not recollect. 
 
 Ques. How was the weather when you detained her? 
 
 Ans. The weather was fine and clear with a light breeze. 
 
 Ques. Was the wind fair for the fishing ground? 
 
 Ans. I do not know the position of the fishing ground. 
 
 James Uoyd, private marine, examined, 
 
 Ques. Were you in the yawl with Mr. Jones when he seized the 
 American schooner Rebecca? 
 Ans. Yea, I was. 
 
 .'2 
 
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 10 * [ 101 3 
 
 <^ Relato whnt you know about the detentipn of her. 
 
 Ans. While lying at anchor in the harbor, I believe the Grand Me* 
 naiu 1 saw the schooner come in and anchor, while Mr. Jones was 
 .' boarding another vessel under English colors, observed the master 
 and two men go off to the schooner and immediately got under weigh; 
 when they got round the point of land, lost sight of her. 
 Ques. Where were you when you lost sight of her? 
 Ans. On shore, cooking the boat*s crew's provisions. 
 Ques. How do you know it was the master who went on board th* 
 vessel? 
 . Ans. The people at the store told me so, and said be had been there 
 
 frequently, and had asked them fur water, which they had refused 
 hiui. His reply was. if he could not have it by fair play, be woulA 
 bo damned if he would not have it by foul. 
 ^ Ques. When did you again see the schooner? 
 Ans. I never saw her again. 
 ,^ Ques. When did you rejoin the yawl? 
 
 ^ Ans. Next morning. 
 
 " " Ques. Po you remember the schooner Rebecca being detained? 
 
 Ans. I was put on board a vessel, and, with the rest of the crew^ 
 carried her to St. John's. 1 believe her name was Rebecca; but am 
 not certain. 
 Ques. Do you reknember when this vessel was detained? 
 < Ans. I do not exactly recollect; but believe U tube a week or more 
 after rejoining the yawl. 
 
 Ques. What quantity of wood and water had she on board? 
 ' ' Ans. I believe there was then a half hogshead three parts full> and 
 
 a considerable quantity of wood. 
 Ques. How was the weather? 
 Ans. Quite fine and clear, with moderate breezes. 
 Ques. Oo you know the position of the fishing, ground. 
 Ans. I do not. 
 
 John Cammish (<9.) examined, 
 
 Ques. Were you in the yawl when Mr. Jones detained the Ameri- 
 can schooner Rebecca? 
 
 Ans. Yes. 
 
 Relate all you know about her. ^ 
 
 Ans. The iirst time I saw her she was at anchor in a small harbor in 
 the Grand Menan: and, when we made after her, she got under 
 weigh, and we chased her, keeping her in sight, till about 11 P. M. 
 when we lost sight of her on the Nova Scotia shore. 
 v^ Ques. Did you see her again afterwards? ^, 
 
 Ans. Yes, about three days afterwards. 
 
 Relate wher<» she was then, and what she was doing. 
 
 She was lying in a small harbor, about four or five miles from Gull 
 Cove, cleaning her fish. 
 
 Ques. What quantity of wood and water had she on board? 
 
 Ans. She had plenty of botk when we detained her. 
 
 1 
 
[101] 
 
 it 
 
 Ques. Do yoa know the quantity in casks? 
 
 Ans. Two and a half ho/^sheads. 
 
 Ques. How was the weather when you boarded her? 
 
 Ans. Fine weather, with a little breeze. 
 
 Ques. Do you know how the wind was? 
 
 Ans. I am not positive, but believe it was from the NW> 
 
 Richard ^ewlandf (8.) examined. 
 
 Ques. Were you in the yawl when Mr. Jones seized the American 
 sthooner Rebecca? 
 
 Ans. Yes, I was. 
 
 Relate the circumstances. 
 
 Ans. She came in and anchored while we were lying in the Grand 
 Menan, when, going to board her, she got under weigli and made sail: 
 we chased her across the Bay of Fundy, over to the Nova Scotia 
 shore, whei e we lost sight of her about 1 1 P M. Three days after- 
 wards, we again saw hei> at anchor near Real's Passage, cleaning 
 her fish and h<^aving the gurry overboard. We boarded her and took 
 lier to Gull Cove. 
 
 Question. What distance was she from the land when she was taken 
 possession of? 
 
 Answer. About a quarter of a mile. 
 
 Question. Did you hear Mr. Jones ask what they were doing 
 there? 
 
 Answer. Yes, and said they came in foi* water. *" *' 
 
 Question. Wliat quantity of wood and water had they on board? 
 
 Answer. About two barrels and a half of water, .'>i;d about a cord 
 or cord and a half of wood. 
 
 Question. How was the weather when you boarded her? 
 
 Answer. Fine clear weather, with little breezes. 
 
 Question. Do you remember if it was a fair wind for the fishing 
 ground ? 
 
 Answer. Yes, it was. 
 
 William Vickery, marine, examined. 
 
 Question. Were you in the yawl when Mr. Jones seized the Aihe- 
 rican schooner Rebecca? ; 
 
 Answer. Yes, I was. 
 
 Relate what you remember respecting her. 
 _ On boarding an English scliooner, at or near Gull Cove, we saw 
 another laying there: wjiilc going on board, observt'! another getting 
 under weigh, and made sail; wc cliascd her across the Bay of Fundy, 
 and lost sight of her between nine and ten o'clock, P. M. 
 
 Question. When did you again see the schooner? 
 
 Answer. About three or four days afterwards, at anchor within 
 Gull Cove, within half a mile of the land, cleaning fish. Mr. Jones 
 boarded her and took possession of her. 
 
 Question. Did Mr. Jonts ask what they were doing there? 
 
 Answer. Yes, he did, and they said they came for wood and water> 
 
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 \ . 
 
 12 
 
 C ioi 3 
 
 Question. What quantity of wood and water had they on board? 
 
 Answer. I believe, about a barrel and a half of water, and about a 
 cord and a half of wood. 
 
 Question. How did you know it was the Rebecca? 
 
 Answer. I was informed by one of the crew, that it was the same 
 vessel we chased across the Bay. and that they would have hove to, but 
 did not know we were in chase of them, and that the captain said, had 
 he not returned, but made the best of his way home, he should not 
 have been taken. 
 
 Question. Did you fire at her to bring her to? 
 
 Answer. Yes, I was ordered by Mr. Jones to fire across her bows, 
 and I fired several times. 
 
 Qestion. How was the weather when you detained her? 
 
 Answer. Fine weather with a nice breeze. 
 
 Question. Do you know if it was a fair wind to the fishing ground? 
 
 Answer. No, I do not. 
 
 * John Lloyd, (S.) examined. 
 
 Question. Were you in the yawl with Mr. Jones when he seized 
 the American schooner Rebecca? 
 
 Answer, Yes, I was. 
 
 Relate what you know of the circumstances. 
 
 When laying in Gull Cove, 1 heard two or three men, who I be- 
 lieve were fishermen belonging to the island of Gi-and Menan, say, 
 that the schooner we had chased across the Bay of Fundy, two or 
 three days before, was then at anchor between two islands, about a 
 mile and a half round tlie point. We boarded her, and detained her. 
 She was then cleaning fislu 
 
 Question. Did you hear Mr. Jones ask what they were doing there? 
 
 Answer. Yes, they said they came in for wood, water, and to land 
 their gurry. 
 . Question. What quantity of wood and water had they on board? 
 
 Answer. They had as much wood as would last them for a fort- 
 night, and had a full cask of water on deck, and some below, but can- 
 not say how much, besides beer. 
 
 Question. How was tlie weather when you detained her? 
 
 Answer. It was fine weather with a moderate breeze. 
 
 John Cheese (S,) examined •■ ^ 
 
 Qiies, Were you in the yawl when Mr. Jones detained the American 
 Schooner Rebecca? =*. ' ,. 
 
 Ans. Yes, I was. 
 
 Relate what you recollect relative to the detention of her. 
 
 We were laying along-side a wharf in a harbour, in tlie Menan, 
 and observed two schooners at anchor under the land. We 
 went out and boarded an English schooner, on board of which was a 
 man belonging to the Rebecca, acting as Pilot; while on board, the 
 schooner got under weigh and ran across the Bay of Fundy. We 
 gave chace to her, and fireu several shot across her bows, to bring her 
 too; at about half past ten F. M. lost sight of her; on the fourth day 
 
 
 ■*^ 
 
 ■'■■f. 
 
 
[101] 
 
 18 
 
 afterwards we again fell in with her at anchor in a narrow passage 
 n the Menan, boarded her and found them cleaning their fish, and 
 throwing the gurry overboard. Mr. Jones asked what they were 
 doing there, they said they had come in for wood and water. 
 
 Ques. What quantity of wood and water had they on board? 
 
 Ans. Two quarter casks full on deck and some in the hold; but do 
 not know the quantity, and had about a cord and a half of wood. 
 
 Ques. H6w was the weather when you detained her? 
 
 Ans. Fine weather and a light breeze. 
 
 Qucs. Do you know if the wind was fair for going to the fishing 
 ground.' 
 
 Ans. Yes, it was. 
 
 We, the undersigned, have examined the aforesaid persons, belong- 
 ing to His Majesty's sloop Dotterel, taking the minutes of their de- 
 positions respectijig the detention of the American fishing schooner 
 Rcbecra, and we do declare, that their evidence has been taken in a 
 very impartial manner, and the persons aforesaid have not been bias- 
 sed in any way whatever. 
 
 JOHN COOKE, Senior Lieut. 
 
 His Majesty*s Sloop DottereU 
 JAMES AZZARD, Fursei-, Ditto. 
 RICHARD BO ARE, Commander, 
 
 I be. 
 
 Evidence of Mr. Touzeaut Midshipman, and the crew of the yawl 
 boat, belonging to H. M. sloop Dotterel, relative to the detention of the 
 JLmerican fishing schooner** fFilliam.** 
 
 Mr. Touzeau, Midshipman, examined relative to the detention of 
 the American schooner •* William." 
 
 Ques. Were you in the yawl when Mr. Jones detained the Ameri- 
 can schooner William? 
 
 Ans. Yes. *^ 
 
 State the particulars. 
 
 Mr. Jones sent me with James Lloyd, marine, on a point of 
 land to look out,— we saw two or three vessels working up: 
 observed one of them anchor in the Gull cove. Mr. Jones went 
 eut in the small boat to board her; he hailed us to come 
 along-side in the yawl, which we did, And found Mr Jones had 
 detained her. We then took their fish-knives from them, having 
 heard by some people, both on shore, and on board some English ves- 
 sels, that they would oppose us in boarding. We unbent her sails, 
 and took them with us in the yawl: also her boat. 
 
 Ques. Do you know Mr. Jones's reason for taking her boat? 
 
 Ans. Yes: tu prevent her crew going on shore to cxrhango fish for 
 rum, knowing that another American fishing vessel had done the 
 like with Mr. Fowler,* at Gull Cove the same day: also to prevent 
 tHeir getting water, as the American fishermen generally make that 
 ^ pretext for coming in. 
 
 Ques. What quantity of wood and water had she on board? 
 
 %! 
 
y^-w- 
 
 -^.■w.^ir-tr-nflti-' 7ipr-.-;r /'■? ■ 
 
 14 
 
 [1013 
 
 Am. I cannot say tho exact quantity, but there was sufficient for 
 ber crew and ours to carry her to St. Andrews, at which place we 
 did not arrive till several days after her detention. 
 
 Ques. How was the weather? 
 
 Ans^ Very fine with a moderate breeze; but after she anchored, it 
 came on foggy. 
 
 Thomas Richardson examined, 
 
 Ques. W*ere you in the yawl with Mr. Jones, when he detained the 
 American schooner William? 
 
 Ans. Yew. 
 
 Relate fM you know respecting her. 
 
 I went with Mr. Jones in tlie small boat to board her: went below, 
 and overhauled what quantity of wood and water she had on board. 
 
 Ques. What quantity of wood and water had she? 
 
 Ans. About 60 gallons of water below, and SO on deck, and about 
 a cord and a half of wood. 
 
 Ques. How was the Aveather? 
 
 Ans. The weather was moderate and hazy, but after she anchored^ 
 it came on foggy. 
 
 James Uoyd, marine^ examined, \ 
 
 Ques. Were you in the yawl when Mr. Jones detained the Ameri-> 
 can schooner William? 
 Ans. I cannot recollect the vessel's name, having detained several; 
 
 Felix Shaw, marine, examined. 
 
 Ques. Were you in the yawl when Mr. Jones detained the Amcri' 
 can schooner William? 
 Ans. Yes. 
 
 Relate the circumstances yoii know about her. 
 I cannot recollect any of the particulars, as we detained several. 
 
 John Cammish, seaman, examined. 
 
 Ques. Were you in the yawl when Mr. Jones detained the Ameri- 
 can schooner William? 
 
 Ans. Yes. Relate what you know of the circumstances. ]^ is so 
 long since^ I cannot recollect the particulars. 
 
 Richard JS'ewland, seaman, examined, 
 
 Ques. Were you in the yawl with Mr. Jones when be detained the 
 American schooner William? 
 
 Ans. Yes. Wi 
 
 Relate what you know respecting her detention. 
 
 When we fell in with the William, she wfts laying in Gull Covp. 
 Mr. Jones asked what they were doing there. They said they came 
 in for wood and water. Mr. Jones detained her, unbent hei^ sails. 
 
 ■,'■■'■ 
 't'l' 
 
t 
 
 [1013 
 
 m 
 
 so 
 
 and took them with us on shore in the yawl> and likewise took their 
 •mall boat witli uh. 
 
 Ques. Do you know the reason why Mr. Jones unbent her sails? 
 
 Ans. To prevent her, I believe, from going to sea during the 
 night. 
 
 Quea. \V hat quantity of wood and water had she on board? 
 
 Ans. About three barrels of water and a cord of wood. ' 
 
 Ques. How was the weather? 
 
 Ans. Fine weather, with a light breeze. 
 
 Ques. Do you know the position of the fishing ground? 
 
 Ans. I do not know the bearing of it by compass, but I could see 
 the vessels at anchor on the fishing ground. 
 
 Ques. Was the wind fair for going on it? 
 
 Ans. Yes. it was. 
 
 Ques. Were you in the small boat when Mr. Jones boarded her? 
 
 Ans. Yes, I was* 
 
 Ques. Did you hear the master of the vessel assign any reason for 
 coming in there? 
 
 Ans. lie said they came in for wood and water. 
 
 Jfilliam Vickeryf marine, examined. # 
 
 Ques. Were you in the yawl when Mr. Jones detained the Amer- 
 ican Schooner William? 
 
 Ans. Yes, I was. 
 
 Relate what you know respecting her detention. 
 
 Ans. I observed a schooner come in and anchor within a mile of 
 the shore. Mr. Jones went out to board her, and brought her in the 
 Cove, and anchored. 
 
 Ques. Were you on board the schooner? 
 
 Ans. Yes. 
 
 Ques. What quantity of wood and water had she on board? 
 
 Ans. I know there was two barrels, but cannot say whether there 
 was any more: was not down in the hold, and cannot say what wood 
 there was. 
 
 Ques. How do you know it was the William? 
 
 Ans. I saw the ** William of Addison" on her stern. 
 
 ■tr 
 
 ■•?. 
 
 John Lloydf seamaut examined. 
 
 'iw.i- • 
 
 Ques. Were you in the yawl when Mr. Jones detained the Amer- 
 ican schooner William? 
 
 Ans. Yes, I was. ^ 
 
 Relate the particulars. 
 
 I was with the greater part of the crew encamped on a point of 
 land: observed a schooner come in, and anchor. She was boarded, 
 but cannot recollect whether it was by Mr. Jones or Mr. Touzeau. 
 
 Ques. Were you on board the schooner? 
 
16 
 
 C 101 ] 
 
 I 
 
 y.. 
 
 Pi 
 
 Ans. YeSy I was. I went off, and assisted in unbending her sails. 
 
 Qiies. Do you remember what quantity of wood and water alio 
 bad on board? 
 
 Ans. I do not perfectly recollect the quantity, but there was one 
 cask handed up half full, which they said they were going to get filled 
 on shore, but were prevented by Mr. Jones. 
 
 Ques. Did you hear any of the crew say their reason for coming in? 
 
 Ans. Yes: for wood and water. 
 
 Ques. How was the weather? 
 
 Ans. Fine weather, and a fresh breeze. 
 
 John CheesCf seamaitt examined. 
 
 Ques. Were you in the yawl with Mr. Jones when he detained the 
 American Schooner William? 
 
 Ans. Yes, I was. 
 
 Relate all you know about her. 
 
 Ans. I was sick iu a tent on shore, and do not know any of the 
 particulars. 
 
 William Payne, marinCf examined 
 
 Ques. Were you in the yawl with Mr. Jones when he detained 
 the American Schooner William? 
 
 Ans. Yes. 
 
 Relate all you know of the particulars. 
 
 Ans. I went oh board with Mr. Jones in the small boat to ex- 
 amine her. Mr. Jones detained her, unbent her sails, and took them 
 on shore. 
 
 Ques. Do you know what wood and water she had on board? 
 
 Ans. I cannot say. 
 
 Ques. Did you drink any of the water qn board of her? 
 
 Ans. Yes, I did. 
 
 Ques. How was the weather? 
 
 Ans. Fine, with a strong breeze. 
 
 W^e, the undersigned, have examined the aforesaid persons, belonging 
 to His Majesty's sloop Dotterel, taking the minutes of their deposi- 
 tions respecting the detention of the American fishing Schooner WiU 
 liam; and we do declare that their evidence has been taken in a very 
 impartial manner, and that the persons aforesaid have not been bi- 
 assed in any way whatsoever. 
 
 JOHN COOKE, 
 Senior Lieut His MtjesUfa sloop Dotterel. 
 JAS. AZZARD, 
 PurseVf Ilis Majesiifs sloop Dotterel, 
 
I iOI 1 
 
 17 
 
 Eviience of Mr, Timxeaui mUtMpmJh mud the enw qf tht yawl hoat 
 hdonging to H. M, aloop Jhttertl, r^tiv$ to th$ ietentpn ^ the 
 Jimmcanjkhing aclmwir Gfl<Mii* 
 
 JIfr. IbuMtttt examined; 
 
 •SjjU 
 
 Ques. Were yoti in tb«jawl when Mr. Joiei detained the Amerr- 
 canicbooner Oaleon. . . , 
 
 Ana. Yes, I was. "" J i .> ; .■ 
 
 Relate the particularf respecting her detention* ^ 
 
 While at Gull |Cove, Mr. Jones went out, one erenini; in a 
 email boat to cruize. About U P. M. Mr. Joiiea returned with an 
 American schooner which he had detained. Next morning abqut 8 
 o'clock. MK Jones sent me on board tbe ualeon to take charjre of her; 
 about 9 o'clock we got ufider weigh, and made sail for Btf Andrews^ 
 
 Ques. Do you kriuw Mi*. Jones's reason for detailing her? 
 
 Ans. I believe for their having broken tbe^treaty; blit do not know^ 
 the particulars, as I was letlt on shore in cl|arge of the yawl. ^, 
 
 Ques. How was the weather? <^# 
 
 Ans. I believe it was a fine clear night 
 
 Ques. Wh?t quantity of wood and water had she on board?, 
 
 Ans. I cannot state the qnantity : but we used frtim it for some days 
 after ^^et. detention. 
 
 Ques. How was the wind? 
 
 Ans. From the Northward, and t think I^orth by West. ,. 
 
 
 r 
 
 Unmqs BkhardiOH ejnimtneif.«|^ 
 
 ^aea. Were you in the yawl with Mr. Jones wl^en he detained thfk 
 American schooner Oaleon? •'^iVh'i 
 
 Ans. Yes. >. .' * 
 
 Relate what you know respecting her detention. 
 
 I went in a small boat with Mr. Jones, and pitlled out of Gull 
 Cove; boarded two English schooners, who informed us that . an 
 American srh** oner was lying under the land, which vessel we 
 boarded, and found the crew below asleep. Mr. Jones asked them 
 vhat they came in for: their reply was, tot wodd and water, and 
 that they had got it that afternoon. Mr. Jones then asked them 
 their reason for not going away: they said they were waiting f(ur wind 
 mnd tide. We then got her under weigh, and ran her to Gull Gove^ 
 which place lay between us and the fishing g^nhd. , .14/ ;^, 
 
 Quel. !>o yaw know the position of the fishing ground? ' f 
 
 Ans. ¥es: I could see it from GairCove. .s- f»r» lu ^rts*^- ■, ». 
 
 Ques. Wastlie wind fair for the Galeon to proceed to fKe banks? >^ 
 
 Ans. Tee, it was. 
 
 Quea. Do you know the passage from Gulf Cove to tite fishing 
 banks? 
 
 Ans. Yes: a clear passage outside the Black Kedgd towards the 
 banks. 
 
 :'S<^; 
 
 >•• 
 
 '/^¥ 
 
 ■i^-;- 
 
 Wf" 
 
 fe - 
 
 :^. 
 
18 
 
 1 101 3 
 
 V Qaes. What kind of waather was it? ■ . ■ . h. 
 
 ''^' Ans. Very fine and clear, with moderate breezen. 
 
 Ques. What quantity of wood and water had the Galeon on board? 
 
 Ans. I do not know the quantity: but observed three or four casks^ 
 and a quantity of wood. 
 
 ii^^hiiA WiUiav^ Payne, marine, eacamiiied 
 
 Qaes Were you in the yawl with Mr. Jones when he detained the 
 American schooner Galeon? 
 
 Ans. Yes. '^ ' " '[ '^ 
 
 ■■' Relate. the particulars respecting her detention. 
 "I went with Mt. Jones in a small boat in the afternoont (the 
 day of tiie month I do not remember^ and boarded an English schoon- 
 er, where we were infhrmed an American fishing schooner was ly- 
 ing under the land: we boarded her, and found the crew all below; 
 Mr. Jones asked them their reason for being there: they replied, 
 they came in for wood and water. He then asked them why they 
 did not go away when they -had got it. They said they were going at 
 day light. We detained the schooner, and took her to Gull CoTe» 
 and on the following morning got under weigh for St. Andrew's* 
 
 Question. Do you know the position of the fishing banks? t^fi^ > 
 
 Answer. Yes. I could see the vessel on the banks. 
 
 Ques. Was the wind fair for the Galeon to proceed to the banks? 
 "^ Ans. Yes: for the banks \ie nearly in a line with Gull Gqve, frojn 
 where we detained the Galeon. r^^^t^ ^'^iV :^il^ - 
 
 Ques. On what quarter was the wind when you run towards 
 Gull Cove? ^ 
 
 Ans. Very near before the wind: we came close to the Cove, and 
 then we hauled up into the Cove. ^''^Mj^^%. ■ , • ':'-jM ■ ^>^«>£ ':ff 
 
 Ques. How was the weather? '■■''''"' ^'^!l^:^*^;^,^'t 
 
 Ans. Fine clear weather, and fresh breezes. ' ' ** '^'' * 
 , . Ques. What quantity of wo6d and water had the Galeon on board 
 when detained? 
 
 Ans. She had two casks of water on deck, and a great quantity of 
 wood. ' 
 
 ,'""'■" Felix Shaw, marine, examined, /,*ii. 
 
 \ Ques. Were you in the yawl with Mr. Jones^ when he detained 
 the American schooner Galeon? > i 
 
 
 li 
 
 •■:*>■ 
 
 "s. 
 
 '.-^ . 
 
 Ans. Yes. 
 
 Relate the particulars. !'<f*~ 
 
 I was one of the crew of the small boat that went out with Mr. 
 Jones in the afternoon, (the day of the month I do not recollect) 
 boarded an English schooner near Gull Cove, who said that we had 
 better keep a good lood look out, or we should get a good hand- 
 spiking from the American schooner then lying in shore. vVe shortly 
 after boarded the American schooner Galedn. Mr Jones asked them 
 what they were doing there. They said they came in for wood and 
 water} and had got it that afternoon. Mr* Jones asked them if they 
 
C10I3 
 
 iS 
 
 .^ 
 
 >* V> 
 
 had their wood and water, why they had not gone to sea. Their 
 reply was, they did not think it worth while to go to sea that nirht, 
 and the master requested Mr. Jones to let him go that time, and he 
 would not come in again. We then got under weigh and tooic her to 
 Gull Core for that night. Onis of the crew was very abusive. We af- 
 terwards carried her to St Andrew's. 
 
 Ques. Do vou know the position of the fishing grounds? 
 
 Ans. No, 1^0 not. ,'-;'' .; 
 
 Ques. How w^.s the wind when you ran for Gull Cover 
 
 Ans. K fair wind, and fine clear weather. ^ > 
 
 Johnlioyd, seaman, examined, ' T 1 
 
 Ques. Were you in the yawl with Mr. Jones, when be detained 
 the American schooner Galeon? 
 Ans. Yes. ,'^*-v'. »..rr.!a-.i~Ai.'.!''.L,v'. ,;t;r,: ..'',}' '^^ •■ si 
 
 Relate the particulars respelcting ner detention. ' ' 
 When at Gall Cove, we observed a schooner run in and anchoK Wo 
 boarded her in the small boat, which proved to be English. They 
 told us that the Galeon, American fishing schooner, waslaj'ing at an 
 anchorage then, about three or four miles uflf. We then left the Ehg- 
 lish schooner and boarded the Galeon. I was left as boat keeper, and 
 cannot state what passed on board. Shortly after, she was got under 
 weigh, and ran to Gull Cove. One of the crew of the Galeon was very 
 abusive to us; she was afterwards taken to St. Andrew's by Mr. Jones. 
 Qifes. Do you know the position of the fishing ground? 
 Ans. No I do not. 
 
 How was the wind for Gull Cove? 
 A fair wind. 
 How was the weather? 
 Fine clear weather. 
 
 What quantity of wood and water had the Galeon on board? 
 I do not know. , i; 
 
 : T ' James Uoyd, marine, examined, '' ::-;r ^■ 
 
 Ques. Were you in the yawl with Mr. Jones when he detained the 
 American schooner Galeon ? v^irn v , 
 
 Ans. I was in the yawl when he detained some American fishing- 
 schoonersi but cannot recollect their names. 
 
 John Cammishf Seamun, examined. 
 
 Qaes. Were you in the yawl with Mr Jones when he detained the 
 American schooner Galeon ? 
 
 Ans. Yes. r-^w- 5*^1*. A*i«. .jfurtim i-t*,,:::\^vu Tfi^r 
 
 Relate what you know respecting her. " -^ 
 
 It is so long since that I cannot recollect any particulars. 
 
 Richard JS'ewland, Seaman, examined. 
 
 Ques. 
 
 Ans. 
 
 Ques. 
 
 Ans. 
 
 Ques. 
 
 Ans. 
 
 
 ■■t-i 
 
 *.1* 
 
 
 I'lVi 
 
 ■,t 
 
 i«t. .sJqfcS,:; 
 
 ff 
 
 -^iT-r V *,' tM' >» ''■ 
 
 Ques. Were you in the yawl with Mr. Jones when he detained the 
 American schooner Galeon ? 
 
 Vi 
 
-;y^»"' 
 
 30 
 
 [101] 
 
 iff 
 
 
 *„ RelaU wb«t you know respecting her detention. 
 
 I WM left in a tent on shore at Ooll Cove, and recollect Mr. Jones 
 folnf^ out in a small boat, and bringing the Galleon into OuU Covd. 
 
 Ques. How was the weather ? . 
 
 ' Ans. Fine weather, with a light br«eze*' "' 
 
 Ques. Did you go in tlie Galeon to St. Andrews? 
 
 Ans. Tes. 
 
 Ques. Do you know what quantity of wood and water she had on 
 board? 
 ^N. Ans.^ She had four casks of water, and about two cord of wood. 
 
 < '■■■•' 
 
 John Cheete, Seaman, txatnined, . •' 
 
 Ques. Were you in the yawl with Mr. Jones when he detained the 
 American schooner Galeon? ,. ^- . 
 
 ;, Ans. Yes. ' ' ' ''''"■ -;•,•#' ■ 
 
 ^^ Relate all you know respecting her detention. \ ; * ! *>»' • "^'-^ 
 \- I cannot state the particulars, as i was in a tent sick on shore. 
 
 i 'v*'»"l'"#^^v..-,ni» i..'.;,f;,t, 
 
 
 WUliam Vickery, iMarine, examined. 
 
 *!>•■ 
 
 '■# «.- 
 
 Ques. TTere you in the ysiwl with Mr. Jones when ha detained the 
 American schooner Galeon? 
 ;r^''' Ans. Yes. ; ••«?r- .. ■•••■. .•■5/;' ' ^^f II 
 
 '^'r'U Relate what you know respecting her detention. 
 
 I was left on shore in the tent; Mr. Jones went out in the small 
 boat, and brought in the Galeon in the evening. 
 V^ Ques. How was the weather?,;|3i?'^S*ilF'yr.k i/,"^ <» 
 
 f'.-jA"* Fine weather. 
 
 } Qes. Were you one of the crew th^ took the Galeon to St An- 
 " drows? 
 'V - Ans. Yes. 
 
 .^^.'Quesp What quantity of wood and water had she on board? 
 * Ans. Two casks of water on deck and one in tb<; hold« and plenty 
 ofwtod. _ ': ; :;^^^^^. ia*^-: :*'^'te4^4t:^^'^'-<'-:;i»:'' 
 
 We, the undersigned, have examined the aforesaid persons^ he- 
 longing to H. M. sloop Dotterel, taking the minutes of their depo- 
 sitions respecting the detention of the American fishing schooner 
 Galeon; and we do declare, that their evidence has been taken in a 
 very impartial manner^ and that they have not been biassed in any 
 way whatever. :^^;" 
 
 JOHN COOKE, 
 Senior Lieut. His Majesty'' a sloop DottereL 
 .4f, JAS. AZZARD, 
 
 |rf',»^j^>«;'|,v r t • .. . , '/a Parser Uis Mnjtaty*s shop Dotterel' 
 * * v: RICHARD HOAKK, t'owwiifliJt/fr. 
 
 tv 
 
 
 i:.' 
 
r [ ioi ] 
 
 91 
 
 Evidenuofthe crew of the DottereVt tender trdative to the detention^ 
 . »j\ the American fiehmg schoonere Hero and JHlgrinu ' » 
 
 ^t •»;■'■ • ' 
 
 /,/»^f»^ ' WUUam Payne, nunine,e3Bamined, 
 
 ■ ■..;'.» 
 
 %ttet. Were you in the Dotterel's tender with Mr. S. R. Prothe^ 
 tne when he detained the American ftnhing schooner Hero and Vii- 
 grim? 
 . Ans. Yes, -^ i«- •«»'- ^.i^ fjp , . ^ .,• 
 
 Relate the particulars respecting tlicir detention. 
 
 I first saw the Pilgrim about two miles froni the land fishing) made 
 the best of our way to close her, and boarded her, having live ftsh on 
 her deck. Mr. Protlieroe aulied them what business thejr had to fish 
 in our waters. They replied they thought it was not in our waters. 
 Mr. Protheroe then said, I shall detain you, and take you to St. 
 John's. I was directed by Mr. Protheroe to take charge of the Pil- 
 grim, ^ith another seaman, and to follow tiint; I afterward observed 
 the tender board another schooner, which pi-uved to be the Hero. 
 
 Ques. What distance was the Hero from the land when Mr. 
 Protheroe boarded her? - ^.f; i , v " 
 
 , Ans. About two miles. * '. '. * ; 
 
 ' "*' State what followed after leaving the Menan. 
 
 We anchored in Beaver harbor with the Hero and Tender, 
 and afterwards proceeded the same day and anchored in Mason's bay. 
 Late one evening Mr. Protheroe sent us our evening's grog, and my 
 having the middle watch I went below and laid down on tite lockers 
 to sleep. In the middle of the niglit I was awoke by the motion of 
 , the vessel, and endeavored to get on deck, but could not, as the com- 
 panion hatch was secured down against me. I then forced it open, 
 and went on deck, and found the vessel under weigh in the possession 
 •f 1^ Americans. The seaman with me refusing his assistance, Ii 
 was obliged to submit, and forcibly carried to Lubcc, where they 
 allowed me to go on shore. From thence I made the best of my way 
 to St John's, and re-joined the Dotterel, c* fc'f ^Vt 4*pf|. .• 
 
 Quesn DM you at any time hear Mr. Protheroe make use of any 
 abusive language to the Americans? .. . 
 
 Ans. No. ^■: .^t^' ^-^-l -' - . 
 
 Qaes. Did you hear, or know, that Mr. Protheroe at any time 
 compelled the Americans to assist in working tlie vessel? 
 
 Ans. No. But they did assist with their own free wilL '< > -^'nm- 
 
 *'i^: H ^f- , ' John Bonovanf seamanf examined, '. ,. . . -f-^iij-. 
 
 Ques. Were you in the Dotterel's tender with Mr. Protheroe 
 when he detained the American schooners Hero and Pilgrim?* : 
 
 Ans. 1 es. 
 
 Relate all the particulars you know relative to their detention. 
 
 We fell in with the Pilgrim while running into the Menans. I 
 think she was abnv.l a mW? and a half fronj tbe land: saw them haal- 
 
 •^.•'.fc 
 
_■(,. -_ _- ■■- r* ■ 
 
 22 
 
 C 101] 
 
 infr lip flflli, ftn<l 'vn TinartUng her, found livo fish on her deck. Mr. 
 Pit <oe said In- nIiouM detain her for flflhinK in our waters. We 
 sent u.. len on board her to talie charge. Wo then made HaU for 
 another schooner, whirh proved to he the Hero. When we boarded 
 her flho was about a mile and u lialf from the land with linrs ov«M'b<<ard 
 fishing: and bad live fiHh in the hold. Mr. Protheroe tasked t)icini 
 what they had li^cn doing close in shore, with their sails down. A 
 man named WiInom, said fbcy had been cleaning fish on shore. I 
 
 us sent on board the Heru, with another man to take charge, and to 
 follow the tender and Pilgrim, which wo did, anchoring each night 
 till our arrival in Mason*s bay. at which ]>lace the Pilgrim made 
 her escape in tiie night. Wc afterwards proceeded, anchoring each 
 night, till wo arrived at St John's. 
 
 Qiies. What quantity of wood and water had the Hero on board ' 
 
 Ans. Two casks of water and some wood: the quantity I car*it.>t , 
 •ay. 
 
 Ques. Did you at any time hear Mr. Prothorue make use ui .lu/ 
 abusive language towaitls the Americans?.^^ • ,,,a,,-, f 
 
 Ans. No. I did not ' ,«,., 
 
 Qnes. Did Mr. Protheroe compel any Americans to work? 
 
 Alls. No, not to my knowledgo, but they continued assisting the * 
 working of the vessel with their own free will. , ,^ * : ::HI 
 
 Thomas Cassady, seaman, examined, • v,' j ^ jt*' ^>*<^ 
 
 Ques. Were you in the Dotterel's tender with Mr. Protheroe 
 
 when he detained the Amerif'nn schooners Horo and Pilgrim? 
 
 Ans. Yes. 
 
 Relate all the partirnlars. " . ' nf'f 
 
 ' We were running in lor the Menan and boarded the Pilgrim Ame- 
 rican Schooner, about a mile or a mile and quarter from the land, 
 fishing. Mr. Protheroe asked what business they had fishing there, 
 as they were within three miles of the land. The answer was, they 
 did not know they were within the limits. Mr. Protheroe detained 
 her, and put two men on board to take charge, and we proceeded to 
 board another schooner, which proved to be the Hero, about two 
 miles from the land. 
 
 Ques. Did you hear Mr. Protheroe ask the ' -Ast'^'^ of the Hero, if 
 he could assign any reason fnr being so near tbe u) < ^ith her snils 
 
 down? •' isi^,^* * 
 
 Ans. Yes, but did not hear the reply. ^ ^t '^^''- * - • • 
 
 Ques. What became of the Hero? 
 
 Ans. Mr. Protheroe sent two men on board her, to take charge, 
 ;i <! we proceeded to Mason's Bay, anchoring each night in tho tender, 
 wlL tVc Hero and Pilgrim in company, at which place the Pilgrim 
 i'-?i'o 'or esj/^)o in tlse night: afterwards we proceeded to St. John's^ 
 lu th'^ .0' .'.!*,.-, with the Hero, where slie was delivered over to th» 
 
 Ques. Did you at any time hear Mr. Protheroe use any abusive 
 language to the Americans? 
 
 
 *v- 
 
[101] 
 
 3S 
 
 •A 
 
 t . 
 
 ye 
 
 Ans. No, fu ill not 
 ' Ques. Did Mr. Frotheroe compel the Americana In the tender to 
 work? 
 
 Ans. No, he Ji'^ not* but they soraetimeg voluntarily omritted in 
 working tlit' tender. 
 
 Qucs. Did > XI at any uiiic know Mr. Frotberoe to put the Ameri- 
 cans on one m«ai u day, or know thetii ti> fare worse than the tender's 
 crew? 
 
 Ans. No, we all mesKcd alike, liaving the allowance of the Brttisl^ 
 Navy, excepting spirits, for part of the time, which was all used, ami 
 I know Mr. Frotheroe to have fretjuunUy given thctn rum from bit 
 
 own private stock. i ; 
 
 , '■.'.• , 
 
 Thomas Bussel, seaman, examined' ' 
 
 Ques. Were you in the Dottci-cl's tender with Mr. Frotheme, 
 when he detained the American schoonei^ Uci-o and FUgrim? 
 
 Ans.' Yes. ^y-r f'^ 
 
 Relate all the particulars. 
 
 In running from Grand Fassage to Grand Menan, observed two 
 schooners lying at anchor, one of which got iir <lur weigh, and stood in 
 shore. We made the best of our way to close lu:r. 1 observed her with 
 lines over-board fishing. We tlien boarded ht't-, which proved to be the 
 Pilgrim, American fishing schooner. She had at Mi« time live fish on her 
 deck. Mr. Frotheroe detained her, and put two ii unds on board to take • 
 chai'ge, she then being within a mile oi the short . Observed another 
 schooner make sail from in shore, fi'om the Northward: stood for b«r, ^ 
 fired, brought too, and boarded tlie American fisliing schooner Hero. 
 Mr. Frotheroe then asked the master, what they bad been doing in 
 shore; a man named Wilson said, we have been on shore cleaning fish. 
 Mr. Frotheroe detained Iter. On our way to St. John 's, anchored under 
 the Eastern Wolves; as we were going in, obser> d two schooneri tf- 
 about a mile off us. Mr. Frotheroe hailed the Filgrim for her boat^ ^^ 
 which was brought to us in the tender by a boy, wIm) requested Mr. ' 
 Frotheroe to be allowed to pull him on board the aforesaid schooner, s 
 Mr. Frotheroe with a man and the boy, proceeded to ^ard these ves- ' ■*) 
 sels. We then with the Hero and Filgrim in compan ', proceeded for 
 St. John's, anchoring each night, till we arrived in Mason's Bay: 
 where the Pilgrim effected her escape during the niglit. Afterwards 
 we proceeded in the tender, Hern in company, to St. Joim's, where tlie 
 Hero was delivered up to the Custom-house. 
 
 Ques. Did you at any time hear Mr. Frotheroe make use of abu- 
 sive language to the Americans? .* ' ^^* ' ^ -^f¥ ' 
 
 Ans. No. 
 
 Ques. Did you at any time hear Mr. Frotheroe threaten to ill-use 
 or maltreat the Americans on board tiie tender? 
 Ans. No, I did not 
 
 Ques. Did Mr. P-otheroe compel the Americans to work in the 
 tender? 
 
 Ans. No; but they did sometimes assist voluntarily. 
 
 '\ 
 
K?T? 
 
 H 
 
 [lOi] 
 
 
 Qaes. Bid you at ^npr time know Mr. Protheroe to put the Aio«ri- 
 cans on one meal a day, or knpw them to fare worse tliaa the ten- 
 der's crew? ^ ft 
 
 Ana. No. Mr. Protheroe never interfered about the prisoners, and 
 we all messed alike, having the established allowance oi the British 
 navy, ipccepting spirits for part of the time, which had been all used; 
 and I know Mr. Protheroe to have, frequently given them rum from 
 his own private stock. - 
 
 Samuel Qoodaneu'f marinii, examined. 
 
 
 Ques. Were yon in the Dotterel's tender with Mr. Protheroe, when 
 he detained the American schooners Hero and Pilgrim? 
 
 Ans. Yes 
 
 Relate all the particulaiv respecting tlieir detention. . ^ 
 
 In standing over from Grand Passage to Grand Menan, ob- 
 served two schooners at anchor, one of which got under weigh and 
 stood in shore; made the best of our way, and boarded the Pilgrim 
 about two miles from the land, to the best of my judgment. I did not 
 go on board her, but she was detained by Mr. Protheroe, and two 
 iianda put on board to take charge. We then made sail and board- 
 ed the Hero, then about a mile and a half from the shore. Mr. Pro- 
 theroe inquired, what they had been doing in shore with their sails 
 down. A man by the name of Wilson said, they had been on shore 
 cleaning their fish. Mr. Protheroe detained her, and put two hands 
 on board to take charge. Proceeded, anchoring each night, to the 
 Eastern Wolves. In going in, observed two schooners about two 
 miles from us; took the Pilgrim's small boat and boarded them* Mr. 
 Protheroe, myself, and the American boy, who [we] bronght on board 
 the boat, who was allowed to gQ by his own request* We then pro- 
 ceeded to Mason's Bay, anchoring each night, with the Hero and Pil- 
 grim in company, at which place the Pilgrim got away during the 
 night We afterwards proceeded to St. John's, with the Hero in 
 company, which vessel was delivered to the custom-house at that place. 
 
 Ques. Did you, at any time, hear Mr. Protheroe make use of any 
 abusive language to the Americans? 
 
 Ans. No, I did not I must have heard it had it taken place, asI^ 
 never left the tender. 't^ .i 
 
 Queil. Did Mr. Protheroe compel the Americans in the tender to 
 work? ^^ 
 
 Ans* No, they sometimes assisted wiih their own consent 
 
 Ques. Did you, at any time, hear Mr. Protheroe threaten to ill*us« 
 or maltreat the Americans on board the tender? ' ^.. 
 
 Ans. No, I did not, but must have beard it had it happened. 
 
 Ques. Did you, at any time, know Mr. Protheroe to put the Ameri- 
 cans on one meal a day, or to fare worse than the tender's crew? 
 
 Ans. No. We messed all alike, having the establish<Ml allowance 
 of the British navy, excepting spirits, which we drank during the bad 
 weather. • i knov; Mr. PnitheroiB ^o have given them spirit!^ frnm his 
 
 i 
 
 he 
 
L 101 J i 
 
 21^ 
 
 fez- 
 
 and 
 itish 
 Bed; 
 Vom 
 
 vhen 
 
 ob- 
 I and 
 glim 
 d not 
 i two 
 oard- 
 .Pro- 
 sails 
 shore 
 hands 
 to the 
 it two 
 
 Mr. 
 board 
 a pro- 
 id PU- 
 Agthe 
 eroin 
 place, 
 nf any 
 
 B, -asl, 
 
 tder ta 
 
 jt •. 
 
 '"■ i 
 
 
 ill*us* 
 
 imeri-: 
 
 kwance 
 ;he bad 
 itn his 
 
 own iltock. I was the person who attended Mr. ProtherMi sAd gave 
 the spirits to them myself, by his direction. ^ 
 
 John fFake, mariner f examined* • V •*■ 
 
 t 
 
 -%*■,. 
 
 Ques. Were you in ttie Dottei>cl*s tender when Mr. Protheroe de- 
 tained the American schooners Hero arid Pilgrim? ra^f* , ^ 
 
 Ans. Yes, I was. '• 
 
 Relate all the particulars respecting their detention. 
 
 In running from Grand Passage to the Grand Menan, observ- 
 ed two schooners lying at anchor; one of which got under weigh 
 and stood in shore, which vessel was cliased; observed her fishing 
 and hauling live fish in; boarded her, which proved to be the Amer- 
 ican schooner Pilgrim. She had, at the time, live fish on her deck. 
 Mr. Protheroe detained her, and put on board two hands tif take 
 charge of her, she then beipg about two miles from the tshore, to the 
 best of my judgment. We then chased another schooner which had 
 made sail m)m' in shore; boarded her^ then about a mile and a half 
 from the land; proved to be the Hero, American fishing schooner. Mr. 
 Protheroe asked t!iem what they were doing in shore; a man by the 
 name of Wilson said, they had been on shore cleaning their fish. Mr. 
 Protheroe detained her, and put two hands on board in charge of her. 
 We then proceeded with the schooner to Mason's Bay, anchoring each 
 night, when tiie Pilgrim made her escape in the night. We then pro- 
 ceeded to St. John's in the tender, with the Hero in company, at 
 which place she was delivered over to the custom>house. 
 
 Ques. Dirl you,^ at any time, liear Mr. Protheroe make use of any 
 abusive language to the Americans on boai'd the tender? 
 
 Ans. No, I did not. 
 
 Ques. Did Mr. Protheroe compel the Americans in the tender to 
 work? 
 
 Ans. No, he did not; they helped to work the tender by their own 
 accord. 
 
 Ques. Did you know Mr. Protlieroe ill-use or maltreat the Amei^- 
 icans on board the tender? 
 
 Ans. No. 
 
 Ques. Did you know him put die Americans on one meal a day, or 
 fare worse than the tender's crew ' 
 
 Ans. No, they ate and f^rank with us. We had the established al- 
 lowance of the British navy, except spirits, part of the time, which 
 had been used during the bad weather. I recollect once, Mr. Pro- 
 theroe giving them a part from his own private stock. 
 
 >** 
 
 ..i\ 
 
 John Cole, seaman^ examined* 
 
 Ques. Were you in the Dotterel's tender with Mr. Protheroe, when 
 he detainsd the American schooners Hero and Pilgrim? ■''■ -^ 
 Ans. Yes. 
 Mclato tut the particulars you know respecting their detention. 
 
36 
 
 
 [1013 
 
 m. 
 
 .% 
 
 When running from Grand Passage to the Grand Menan, observed a 
 schooner about two miles from the land, fishing. We boarded her, 
 which ]»roved tci be theiPilgrim, American fishing schooner. 1 saw live 
 fish on hsr deck. Mr. Protheroe detained lier, and put two hands on 
 boaitl to take charge of her. We then made sail and boarded another 
 schooner, tlie Hero. Mr. Protheroe detained her also. 
 
 Ques. Do you know what Mr. Protheroe detained her for? 
 
 Ans. No, I do not I did not hear any questions put, as 1 was 
 getting my clotltes to go on board the Hero. We then made sail, in 
 company with the tender and Pilgrim, llnd proceeded to Mason's Bay, 
 at which place the Pilgrim effected her escape during the night. We 
 afterwards went to St; John's, with the tender anu Hero in company, 
 4|t which place the Hero was delivered over to the custom-house. 
 ^; We, the undersigned, have examined the aforesaid persons, belong- 
 ings tti^H. M. sloop Dotterel, taking the minutes of their depositions 
 respecting the detention of the American fishing schooners, ** Hero 
 and Pilgrim;" and we declare that their evidence has been taken in a 
 very impartial manner, and the persons aforesaid have not been bi- 
 ased in any way whatever. 
 
 JOHM COOKE, Sen. LieuU H. M sloop Dotterel, 
 JAMES AZZARD, P^ser, ' 
 .>*«S^-i%^v<»7WJ-r^^^-^^^ I'OARE, Commander, ';;;%^^ >.%,, .^; 
 
 ■-S'«^^fif'->''*-^M^'%f;r'-'* ■'. -■'■■ ".-■ :-_^._ ■■' "Wv ji..l '!--■ - 
 
 JEvtdenee of JUr. T&waeaUf Midshipman^ and the erew of the yawl boat 
 ^ belonging to B, M, sloop Dotterel, relative to t^e attention of the 
 Jmerisan fshing schooners **Reindeer and Buby" 
 
 >,?).' .:,*:,^, Mr. Touaeau examined, ''i^iy^r^^i •f'P 
 
 
 *iir^';' 
 
 Tin 
 
 Ques. Was you in the yawl with Mr Jones when he detained the 
 American schooners Reindeer and Ruby? ^ -li^ .;,*^ 
 
 •._ Ans. Yes. " ■ 'iv^^^?;''.", ;. 
 
 Relate all the particulars relative to their detention. ^ if 
 i I recollect while in GuU-Cove of having received information 
 on a Sunday, from some men, and a Mr. Franklin, that several Ame- 
 rican fishing vessels were at anchor in Whitehead harbour, and that 
 they anchored there the evening before; that on their anchoring:, one 
 of them fired three muskets, and said they were armed and manned, 
 and would oppose our boarding them. I acquainted Mr. Jones of 
 the information I had received, who went immediately in the small 
 boat to cruize, and. returned in the eventing. Be told me that he had 
 boarded an English fishing schooner (Industry) near Whitehead, 
 who gave him information that several American schooners were at 
 anchor at Two Island harbour; and that they ''got their wood and 
 water at Whitehead; they fired several muskets on their anchoring, 
 and told the crew of the Industry, they would not allow a man of 
 wars boat to board iuem| and after they Cuifipleteu theiF i^cu and 
 
laerveda 
 led her, 
 saw live 
 lands on 
 another 
 
 IS 1 was 
 B sail; in 
 in'3 Bay, 
 ;ht. We 
 ;oropany, 
 tuse. 
 
 I, beloiig- 
 ^positions 
 , « Hero 
 aken in a 
 t been bi- 
 
 otterd. 
 
 
 yawl hMt 
 ion of the 
 
 :ained the 
 
 formation 
 -eral Ame- 
 
 and that 
 loring, one 
 1 manned, 
 . Jones of 
 
 the small 
 lat he bad 
 V^hitebead, 
 *s were at 
 wood and 
 inchoring, 
 
 a man of 
 
 *wOod and 
 
 Cioii 
 
 «? 
 
 W&ter,'they shifted to Two Island harbour. We got under weigh the '^^^ 
 yawl about nine o'clock in the evening, and went towards Two Is- 
 land harbour iM anchored about two o'clock in the morning. At 
 day-light we observed several vessels at anchor at Two Island bar* V 
 hour, and shortly after got underweight when we chased them, ob* s 
 served three of them lashed together, and all the crews collected on ;^ 
 board the middle one; we ordered them to separate, which at first '^ 
 they refused to do, until Mr. Jones threatened to fire on them; they 
 dropped clear of each other; we boarded them, and detained the Ame- ;.■ 
 rican schooners Reindeer and Ruby; Mr* Jones asked the master of '^' 
 the other two American shallops, if they were willing to take the crews 
 of the Reindeer and Ruby on board for a passage home; they answered 
 they were willing to do so. Mr. Jones gave them as much provisions 
 ad they choosed to take, and put them on boatd, with the e^xceptron ofs 
 the masters; about eight o'clock we made sail, Mr. Jones in the Rein-'^ 
 deer and myself in the Ruby, fur St. Andrev^'s; while beating uplf; 
 through East Quoddy about 6 F. M. when abreast of the harbour i^ 
 Delute, observcid two schooners coming down towards us full of arm- ; 
 ed men. and wearing American colours, one of them making towards 
 me, and the other .|o Mr. Jxines. The one abreast of me ran. along-' I 
 side and bosrded, with about forty-five men with pistols, swords,' 
 and muskets, and fixed bayonets; when thfey got oh hoard they took 
 possession of the Ruby, and took the arms from my crew. One of % 
 the men with his musket and fixed bayonet, made a thrust at one of ., 
 my men, named James Lloyd, (marine) but Mr. Howard, leader of j^, 
 their party, parried the thrust oflT. The man again attempted to'j)' 
 knock the marine down with the butt end of bis musket, which Mr.^M 
 Howard again parried off, and ordered him n6t to use violence against 1 
 any of my men, as he had got possession of the vessel, and which was ^ 
 all they wanted; they then fired off all their muskets and pistols, 
 which were loaded. I observed the other schooner fire off muskets 
 likewise; then I asked for the arms of my crew, which they gave me; '' 
 we then shoved off and left them; after we had left and rejoined. the ' 
 yawl, they fired several vollies of musketry on board both schooners 'v 
 all the way to Eastport. 
 Ques. What quantity of wood and water had the Ruby on board? ^ - 
 Ans. There were two casks with water on deck; but cannot say 
 whether there was any below, nor can 1 say what quantity of wood 
 there was on board. 
 Ques. How was the wind? , -; - -' t*^.^; + v^a^^^' , 
 
 Ans. A moderate breeze from N. W. ^' t^ «*^r * ^ . > ;^ 
 Ques. How was the weather? 
 
 Ans. Fine clear weather till we had possession of the schooneriii; 
 and then it came on foggy, and cleared off again in the afternoon. 
 
 4. 
 
 4f -^ 
 
 it 
 
 /aViomas Richardson {Seaman) examinedi 
 
 
 Ques. Were you in the yawl with Mr. Jones when ho detained the 
 American schooners Reindeer and Ruby? 
 Ans, Yes. 
 
' .^,-;S^- 
 
 
 M 
 
 l.,*»*] 
 
 .^ H^late whM jov know r«9peeting their deieniioD? 
 Jiji: I remembjEp* gQwig ia the small (mat with Mr- Jones; afterfpitll' 
 '*' ifig some tiqiei we laMnched the boat over a har ab«ut half a mile 
 hroajdr bet^tr^en two islands; and afterwards we boarded an Eng- 
 lish Ashing ^cboooer. The f crew Informed us |that}the -schooners 
 at anpbor .pff Two Inland harbour were American ftshiiig vessels* 
 and had Ahe t»g\it before fired two guuo, and defied any man of war's 
 boat bparding them; and advised us not to attempt to board them in 
 ^ the smalllhoat we «rere then in; we then returned to Gull Cove, and 
 that night, with the whole of the crew in|th|» yawl, and pulled during 
 the whole of that night, and at day-light we were within d miles from 
 four si^ooners at anchor a little more than a mile from shore; we 
 ^observed them get ander weigh, and three of them laabed alongside 
 \j; ' each;j(i>tber. Mr. Jones then desired them to separate, which they 
 ,^dld not do for some time, when Mr. Jones threatened (o fire on them; 
 they then separated, and dropt astern of each other and anchored. 
 We then boarded them, and took possession of the Reindeer and Ru- 
 by, and the crews; as I understood, with their own cdlisent went on 
 board of two other vessels. We then got the Reindeer and Ruby 
 ; under weigh, and made sail for St. Andrews; whev: in East Quoddy, 
 ^ two sch^ners came towards us, fired a gun, and hoistei American 
 ^ colours; observed one of the schooners take possession of the Ruby, 
 .ipand the other came close to us, and desired us to heave too; I was at 
 * -^ the helm when they fired at us, and the shot came close to me and 
 ',iMr. Jones;/ there was but one musket on board us, which (Payne) a 
 fniarine wanted to fire, but Mr. Jones desired him hot; I observed the 
 American schooner's deck full of armed men, with muskets, pistols, 
 and carbines. After they fired at us, Mr« Jones gave up the papers 
 to the master of |:he ** Reindeer,*' who held them up in his hand to the 
 Americans, and desired them not to fire, as he had possession of the 
 vessel. We then went in the yawl for St. Andrew's; some of tlie 
 Americans woujd insist on taking the yawl with them* I observed 
 them fire volleys of muskets till after they had anchored <<the Rein- 
 , deer and Rul^^" in Ea8t|)ort. 
 
 Question. How was the weather when Mr. Jones detained the 
 Reindeer and Ruby ? ,f: j ,., u'u^. - •?» ^ ; . < ^^ ..^n, ■ 
 
 Answer. It was clear weather till after they were detained, when 
 it became foggy. 
 
 Question. Bo you know what quantity of wood and water the Rein- 
 deer had on board? 
 Answer. The quantity I cannot recollect, but we used from both. 
 
 . . ...u, . Jatnes Lloyd (Marine J examine - > 
 
 Q. Were you in the yawl with Mr. Jones when he detained the 
 American schooners Reindeer and Ruby? 
 
 Ans. Yes. 
 
 Relate the particulars respecting their detention. 
 
 I remember a man at GisH Cove givi 
 gchooncrs, (American) the particiilais I do not know. We got under 
 
 iniormation oi 
 
 auiiiu 
 
HOI] 
 
 '$* 
 
 weigh that evening, in the yawl, and pulled all night; after daylight 
 we got close to four schoonern, and observed three of them lashed 
 alongside of each other, and the crews of these vessels, on board tho 
 large one in the centre. Mr. Jones ordered them to separate several 
 times, and, at length, ho said he would fire into them; they were very 
 abusive to us: after a considerable time they separated, and we boarded 
 them. Mr. Jones then sent me below to see if there were any fire arms 
 on board the Reindteer; I found a musket with a double charge, land 
 primed, and two powder horns full of powder, and about twelve or four- 
 teen pistol balls. Mr. Jones detained two of them, with the consent of 
 the masters of the other two vessels and the craw of the two detained, 
 they were allowed to go on board and tuke what provisions they pleas* 
 ed; the masters of the vessels came on board and took green fish, pork, 
 tea, and butter, molasses, flour, and bread. I was sent, wHh Mr. 
 Touzeau, on board one of them, and got under weigh in company with 
 the one Mr. Jones was on board of; and, in the afternoon of the same 
 day, while beating up to St. Andrew's, abreast of Campo Bello, I ob^ 
 served three schooners and two boats; one of the schooners went to- 
 wards Mr. Jone«, and fired several muskets; went below to get my 
 dinner, when Mr. Touzeau called us up to oqr arms, and ask^ me if 
 my muskalK was loaded; I told him it was, and primed; h&told me he 
 thought they were American armed vessels coming to take us. I then 
 asked Mr. Touzeau if I should fire; he said not till he gave me the or« 
 ders. Th^ came nearly along side us, and oitlered us to heave too; 
 they presented their muskets, with fixed bayonets, at us, and said, 
 damn your eyes, if you don't lieave too, we will fire into you. They 
 sung out to the man at the helm, if he did not put the helm down, and 
 lower the peak, they would shoot him dead on the spot. They then 
 came alongside and hoarded us, I think about forty men in number* 
 all with muskets and fixed bayonets, except one, for our deck was full 
 of armed men. They told me to deliver up my arms, or. they would 
 run me through; damn your eyes ^aid one; and another said, I will 
 blow your brains out. I replied, I am a king's man, and will not de- 
 liver up my arms, their leader drew his sword, and had a brace of 
 pistols, desired the Americans not to hurt any of us; at that time a 
 man made a tiirust at me with fixed bayonet, which their leader par- 
 ried off; the same man again ma()|B a blow at me with the butt end of 
 his musket, which their leader again parried off; then their leader told 
 me that I had better give up my arnlis, and he would be answerable 
 for them, which I did — about this time they fired volleys of musketry. 
 We then went on board of our boat, and observed them continue to 
 fire as they were returning to Eastport. 
 
 Q. What kind of weather was it when Mr. Jones detained the 
 Reindeer and Ruby? 
 
 A. Fine weather, with a light breeze, but came foggy after. 
 
 Q. Do you know what quantity of wood and water was in the 
 schooner you were on board of? 
 
 A. Two casks and a half of water, and about a corcl of wood. 
 
 ;, ■ .> 
 
 1 
 
■fr 
 
 »,.:v:w. 
 
 do 
 
 \i 
 
 John Cammish, Seamanp examined 
 
 yit 
 
 "^^.Ques. Wore you in the ynwl with Mr. Junes, when he detained 
 the American schooners Reindeer and Ruby? 
 
 Ans. I was. 
 jl Kelate the particulars. 
 
 i I recollect Mr. Jones going out fW>in Gull Cove, in the small boat, 
 and ^returned in the evening. I heard him say that he liad infor- 
 mation of some American schoonei-s. We were ordered to get our 
 things in the yawl from the tent, and went out that evening. We 
 pulled the greater part of the night, and anchoi*ed for about an hour 
 and a ham At daylight, observed five vessels laying at anchor. 
 Wh^n they saw us, they got under weigh. When \ve came near them, 
 one of the vessels dropped, her anchor, and two others lashed a)ong 
 side her; and tlie crews of these vessels went on board the centre one 
 with their fiBh spears. Mr. Jones desired them to separate, whicli 
 they did not do for a considerable time, until Mr. Jones threatened 
 several times to fire into them; they separated, and we boarded tho 
 Reindeer, where I remaiiied. Mr. Jones detained her and another ves- 
 sel. By the wish of tlie crews of these vessels, and by the consent of the 
 masters of the other two vessels, they were sent on board, with as 
 much provisions as they wislted. The masters of the two vessels not 
 detained, came on board us in their own boats, and took the crews, with 
 as much provision as they choosed, on board. We then gpt under weigh; 
 the Reindeer for St. Andrew's, the Ruby in company. In the after- 
 noon of the same day, observed two armed vessels. One of them came 
 towards us and gave three cheei*s, and hoisted American colors; they 
 callc^d to us to heave to, and threatened to fire into us. Her decks 
 were full of armed men, with muskets and fited bayonets; there was 
 also in company a large armed boat. The schooner fired two musket 
 balls across our deck, and then Mr. Jones gave up the papers to the 
 master of the Reindeer, who held them up in Ids hand and called to 
 the Americans not to fire, as he had possession of the vessel. The 
 American schooner was then about half pistol shot from us. We 
 were then ordered into the yawl by Mr. Jones; and observed them, in 
 going to Eastport, fire volleys of musketry. 
 
 Ques. What quantity of wood and water had the Reindeer? 
 
 Ans. Three barrels of water, and a great deal of wood. 
 
 Ques. What weather was it when the two vessels were detained? 
 
 Ans. Fine weather, and light winds from northward and westward. 
 
 f> /j! -n; ■•■ 
 
 Richard Mwland, seaman, examined. 
 
 Ques. 'Were you in the yawl with Mr. Jones when he detained the 
 American schooners Reindeer and Ruby? 
 
 Ans. Yes, I was. ' " 
 
 Relate the particulai*s. 
 
 "Ann. I recollect a man coming to Mr. Jones, at tlie tent at Gull 
 Cove, and informing him that some Am.erican fishing schooners had 
 come into an anchorage not far from us, and fired their muskets^ and 
 
»4 
 
 C *o* 3 
 
 #1 
 
 jf 
 
 was 
 
 iisket 
 
 the 
 
 Bd to 
 
 The 
 
 We 
 
 I, in 
 
 and 
 
 said they would hot allow any man-of-war's boat to board them. They 
 
 ?ot their wood and wator there, and got under weigh, and ran to Two 
 sland harbor: laid there one day, and at night 1 was left on shore, 
 in the tent, and remember Mr. Jones going out in a small boat with 
 four hands, and returned the same afternoon. We got under weigh 
 that evening, in the yawl, and stood for Two Island harbor. Tiie 
 next morning, we fell in with four American schooners, and one 
 £nglish. W hen I first saw them they were at anchor, about lialf a 
 mile from the land, in Two Island harbor. After they saw us, they 
 got under weigh. On our chasing them, we fired, to bring them to; 
 but, instead of complying, three of them ran along side each otfier, 
 and laslied together. When we came close to them, Mr. Jones desired 
 them to separate, and bring up. They refused to do so, and would 
 not allow us to board, until Mr. Jones repeatedly threatened to fire 
 into them; they dropped clear of each other; we then boarded the 
 Reindeer, and Mr. Jones asked what they were doing there? They 
 said they cams in to land their gurry and offal of th^ fish, and get 
 wood and water. Mr. Jones told them they had tirye enough to get 
 their wood and water at Wliite Island. Mr. Jones detained the Rein- 
 deer, and then boarded ^he Ruby, which vessel he detained idso; and 
 I was sent below, in the Ruby, to search for arms; found none; but 
 found a frying-pan full of hot lead and a spoon in it, and some musket 
 balls quite warm. I asked the master of the Ruby where his arms 
 were? He said he had none, except one fowling-piece. I then asked 
 him where it was. His reply was, he could not say, unless his boy 
 had lost it or stowed it away in the salt room. When I asked their 
 reason for lashing together and running the musket balls, they said 
 they intended to keep us off*; with their five-and-thirty men and 
 eight muskets, they would easily have done so. I then asked them ' 
 where their eight muskets wei-e? They answered, they had eight 
 muskets. The masters of the two schooners wliich were not detained 
 camii on boardt he Ruby, and took her crew with their clothes, and 
 as much provisions as they wished for a passage to their home, by 
 their own wish, and sanction of Mr. Jones. Aftei'wards, we got Un- 
 der weigh, in the Reindeer and Ruby, for St. Andrew's; and, the same 
 afternoon, between Indian Island and Campo Bello, two schooners 
 came towards us full of armed men. The on^ abreast of the Ruby 
 gave three cheers and hoisted Amerldpi colours, bore down and or- 
 dered us to heave to, which we refused doing until they threatened to 
 fire into us. They came along side, and boarded with muskets and 
 fixed bayonets, cutlasses and pistols. I do not know the number of 
 'men, but our decks were full. They took our arms from us, and 
 discharged their own. We then were ordei-ed into our boat and I 
 observ^ them firing volleys of musketry going in, and after they had 
 anchored at Eastport. 
 Ques. Did you search the salt-room of the Ruby for arms? Nf 
 Ans. No, I had not tiine. . '%, ' 
 
 Ques. How was the weather when the Reindeer and Ruby yli^ft 
 detained? 
 
•» 
 
 r 101 J 
 
 .♦ 
 
 Am. Fine cImt wMither» with a little breeze, but came on foggy 
 afterwarde for two houre. 
 Qaes. How was the witad? 
 Ane* I cannot recollect* 
 
 ¥imiam Vldsinf {marine) examined, 
 
 Qnea* Were you in the yawl with Mr. Jones when he detained the 
 American schooners Reindwer and Ruby? 
 
 Ans. Yes.- , 
 
 Relate all the particulars you Itnow respecting their detention. 
 
 I recollect going out in tlie small boat from OuUjpove with Mr. 
 Jones, and, after pulling for a short time, we launcbeytlie boat over a 
 bar between two islands, and boarded an English fishing schooner. 
 The crew informed us that two American schooners had anchoaed 
 the night before, not far from where we laid, and that they fired their 
 muskelB and defied any man of war's boat to board them. The crew 
 of the Engli$(t schooner told us that we had better be well armed, 
 as the Amerimis were prepared for us. We returned to Gull Cove, 
 and, in the evening, went out with all the crew in the yawl; we pull* 
 «d till about Ibur o'clock in the morning. At daylight, observed some 
 achoon^ at anchor) which vessels, ibhortly afterwards, got under 
 weigh; and, as we went down towards ihem, I fired, bythe direction 
 of Mr; JoneA. to bring them to. As we closed the vessels, three of 
 them lashed along side each other, and put tbeip* cr4||8 on board the 
 middle one. Mr. Jones desired them to cast off from each otheri 
 which they refused to do for some time, till he threatMied to fire into 
 them, when they separated, and we boarded the Reindeer, and Lloyd, 
 • marine, was sent down to search for arms*— he found one musket, 
 loaded. Mr. Jones asked the Master where the arms were that he 
 aaw. He said he had none. ' Mr. Jpne? then detained the Reindeer 
 and Ruby; and, by the wish of the crews of the vessels, wi^th%, 
 exception of the Masters, they were put on board the other two Ame% 
 ricans not detained, with consent of the Masters, takiog with theaii: 
 as much'provisions as they ^chose. We then got under weigh in the 
 Reindeei*, with the Ruby in company. In tiie afternoon of the same 
 day, when abreast of Campo Hello, I saw two schooners, one of 
 which came towards us, fire4|j|gun, and hoisted American colors, 
 and ordered us to heave to, wmcn, we refused to do; and, after we 
 tacked, they fired across our deck. After this, Mr. Jones delivered 
 up the papers to the Master of thit Reindeer, who held them up to the«. 
 Americans* and desired them, not to fire. We were then ordered by 
 Mr. Jones into the yawl, and I observed them fire several muskets at 
 a time, and the balli foiling into the water, as they were goinjj^jnto 
 
 Eastport. ' ,%■ ' fc. um-*^'-^ii'.^--"^:'Vic 
 
 Q,aeS' What, arms had the Americans? 
 
 Ans.-* I observed some men with crossbelts/b'ig^t muskets and fix- 1, 
 ^lliayonets-vothers with mu^iiets, swords, and pistols* J; '^!^ 
 
 
 *. «:• '• 
 
 y 
 
 
 ..%" -i"';^ 
 
 
 "W^. ' -*■:'-,.■■ -■ -■ j^ 
 
 .,■!.■,»;-.'■. :i_\ 
 
 f.-,l^:y. >■ ..-';.. ;. 
 
[101] 
 
 33 
 
 
 Ques. What quantity of wood and water had the Reind^ei* on 
 board? ■ ,.,.^:.., ■-.....-,, .^w.-,.,^. ■.;:.^-„. 
 
 Ans. A cask full below, som* ort (tttfk, aftfl \ iyht wotttf; ' 
 
 Ques. Hew was the weather when the Reindeer and Ruby Wcfe 
 detained? 
 
 Ans. Fine weather, with fine breezes. 
 
 Ques. How was the wind? 
 
 Ans. 1 do not recollect. 
 
 Ques. Did you search the salt-room on boafd the Reindeer for 
 arms? 
 
 Ans. No, Ididtiot. '"' 
 
 I, t |,;.. 
 
 John Lloyd, seaman, examined. 
 
 '* Qacs. Were you in the yawl with Mr Jones when he detaiined th^ 
 , American schooners Reindeer and Ruby? 
 
 Ans. Yes. Relate tlie particalars. I went out with Mr. Jones frurif 
 Crull Cove in a small boat, and after |nilling for some time We 
 launched the boat over a bar, about a quarter of a mile broad, between 
 two Islands, and boarded an English schooner (Industry) of Grand 
 Menan, and I heard the master inform Mr. Jones that .some Ameri- 
 can fishing schooners had been in thereon the last Saturday, and dis- 
 charged three guns, and that several were now lying in a Bay fur- 
 ther on, when Mr. Jones proposed to go after them in the small 
 boat. The master of the Industry advised not to do so, as they 
 were well manned. We returned to Gull Cove the same day, aiid in 
 the evening went out with all the arms in the yawl, and at daylight 
 next morning observed live schooners getting under weigh; we ran 
 down to them and fired; observed three of them made fast to each- 
 other, the largest of them in the middle, with the crews collected on 
 board of her. Mr. Jones ordered them to separate, which they hesi- 
 tated to do for some time, and they appeared to be consulting to- 
 gether. After Mr. Jones threatened to fire into them they separated. 
 We boarded two of them, the Reindeer and Ruby, and the crews of 
 these vessels, with the exception of the mastei'S, went on board the two 
 schooners not detained, with as much provisions as they pleased; af- 
 ter this we got under weigh in the Ruby, and Reindeer in company, 
 fbr St. Andrew's. On tiic afternoon of the same day, when abreast 
 of harbour Delute, observed two schooners coming down from East- 
 port, f\ill of men, one of them came towards us, and all hands hailing' 
 us to heave too, or they would fire into lis; they ran alongside and' 
 boarded us, with about SO or 40 men, with muskets and bayonets; 
 ats they were shcaiing up alongside, some of them sung out to fire at 
 the officers, and fire at tiic man at the helm; they had their muskets 
 levelled at us, when their leader (a young man) came amongst them 
 and said, dont fire at all, and parried their muskets off. They took 
 our arms from us, and drove us forward. I saw a scuiflc between James 
 Lloyd, a marine, and one of the Anicricans who wanted to take his 
 arms from him. Mr. 'I'ouzoau told us to gut^into our boat, and I ob^ 
 
u 
 
 ■ ■-■•■-jHit'Aj,:. 
 
 [101] 
 
 served them Ariiig volleys of musketry and cheering on their way 
 to Eastport, also observed firing on shore at Kastport. 
 
 Ques. What quantity of wood and water had the Ruby on board 
 
 when detained? , f, , ...,,. ,^ 
 
 Ans. Two or three casks, with plenty of wood. '•.;';,/ 
 
 Ques. How was the weather? . --i 
 
 Ans. Very fine, with light breezes, it- , .) ,. .' 
 
 
 William Payne, marinCf examined. 
 
 ' 1 
 
 Ques. Were you in the yawl with Mr. Jones when he detained the 
 American schooners llcindeer and lluby? 
 
 Ans. Yes. I was. t , 
 
 Relate the particulars respecting her detention. 
 
 I recollect on Sunday going out from Gull Cove, with Mr. Jones, in 
 the small boat, and after pulling for some time, hauled the boat over 
 a bar; shortlyafter boarded an English Tinhing schooner bulonging to 
 Grand Menan; the crew gave us information that some American 
 schooners anchored thereon Saturday night, fired their g<).is, and said 
 that they did not care for any man of war's boat whaU vt r, as they 
 were as well armed as the men of war's boats. I 8»w the schooners 
 at Two Island harbour at anchor when on boatd the Industry; and 
 her crew said .we had better not go to them in the small boat, that it 
 was their determination to kill us. We then returned to Gull Cove, 
 and in the evening of the same duy got under weigh, in the yawl, with 
 all the crew, and proceeded to Two Island hat hour. About day- 
 ligltt next morning observed them get und;M' weigh; wo closed them 
 and fired to bring them to. I then saw ti.f .11 closing tugothor, and 
 three of them lashed alongside each other; we ordered them to sepa- 
 rate, which they seemed not willing to do. Mr. Junes threatened to 
 fire into them; wc had our muskets (two in number) pointed to the 
 vrssci; after being threatened several times, two of them, tlie Rein- 
 deer and Ruby, Mr. Jones asked them what brought them there; 
 their answer was, they came for wood and water; Mr. Jones then said, 
 when you had got it, what was their reason for not going away; their 
 reply was, the breeze was so light they could not get out; the crews 
 of their vessels with the exception of the masters, by their own re- 
 quest, went on board the two other schooners not detained, and were 
 allowed to take what quantity of provisions they thought proper. I 
 then went below with Thomas Richardson, to search for arms, by the 
 direction of Mr. Jones: found a musket loaded in the cabin. Mr. 
 Jones asked the master what became of their arms; ho said, they wertj 
 below; we then went again below for the same purpose. Mr. Jones 
 again asked the master of the Reindeer, what became of the arms; 
 his answer was, that they must have been hove overboard; he said we 
 had got them yesterday killing ducks. Shortly after we got the 
 Reindeer and Ruby under weigh, and proceeded for 8t. Aiulrew's; in 
 the afternoon of the same day, when abreast of Cainpo Bcllo. saw a 
 schooner coming down and run clo.sr. nion.u^siile the Ruby, hoixied 
 American colours; observed another standing lowaids us in the iiciii- 
 
[ 101 ] m 
 
 deor; they gave three chcern, hoisted American cnlniini, and iiail^"^ -^ 
 to drop tlio peak of the mainsail; the master nftho lleiiideer said to , 
 you Imd better not lire on tliem, as tliey will kill crery man of >u«, 
 and he ran below; they camo near us, and Mr. Jones said, cumo 
 alongside us, which tliey were willing to.do. 1 had my musket ready 
 to fire, and asked Mr. Jones if 1 should do so, to which he objected, 
 and said let them come alongside first; tiiey then fired, and » hall 
 passed (lose to us. Mr. Jones gave the papers up to the master of 
 the Reindeer, who held them up to those on board the American' 
 schooner, desired them not to fire, and said that we would (|uit the 
 vessel as soon as possible. We then got into the yawl and observed 
 them firing difTcrent times going into Kastport. 
 
 Ques. SVhen the schooner with American colors flying camo cVoi^ei 
 did you o'aflcrve they were armed? 
 
 Ans. Yes, they were, and the deck full of men, armed with mils-' 
 kets and fixed bayonets, carbines, blunderbusses, pistols, and swords. 
 (lues. How was the weather when the Reindeer and Ruby were 
 detained? • • , • ■■• • < - 
 
 Ans. Fine weather and a fine breeze. •' '■'' ^<"i«"f*nt»» n.«4i /' >*»» 
 Quos. What quantity of wood and water had the Reindeer on 
 board? J*^'| r '' 
 
 Ans. Two casks of water on deck, and plenty of wood. ^'^'^V''' 
 Ques. Did you search the salt room and the hold for armsP^j' •^'"^ 
 Ans. No, 1 did not search the salt room aft, but did forward. ' 'f^'^ 
 
 ■^ John Cheese (SemianJ eocamined, ' f '**'''' otU'iol 
 
 Qucs. Were you with Mr. Jones in the yawl, when he detained the 
 American schooners Reindeer and Ruby? 
 
 Ans. No, I was not; i was one of his boat's crew^ but was left 
 behind at St. Andrew's. - " '" '.- '^ "/^rrjy- «pi » 
 
 We, the undersigned, have examined the aforesaid persons, belong- 
 ing to H. M.'s sloop Dotterel, taking the minutes of their depositions 
 respecting the detention of the American fishing schooners Reindeer 
 and Ruby, and we do declare that their evidence has been taken in a 
 very impartial manner, and that the persons aforesaid have not been 
 biassed in any way whatever. 
 
 JOHN COOKE. Senior Lieutenant, &c. 
 
 JAMES AZZARD, Purser, 
 
 H. M. Sloop Dotterel. 
 
 RICHARD HOARE, Commander. 
 
 lU'- 
 
 . ^ His Majesty's Sloop Dotterei., 
 
 HalifnXf Mveinber 6th, 1824. 
 
 Sir: I beg leave to represent, in obedience to your orders of this 
 day's date, directing me to give a statement of the facts, and under 
 
■* » ir " 
 
 [101] 
 
 what riraiiia^taitcM 1 dotaincd the Amsricnn fiHiiing iclioonera tt dif- 
 for«tit «|u-liuraj(('H nt tlie Uraiid Monnni while (Tuiziiig in the yiiwly 
 in itiirHiiuiKC uf your ordui'H. loi* the protection of our (iHheiioH, that* 
 on the !2d day uf July lnRt» on boarding an IfingliBh veHHel, I found a 
 mian n^med Wright ofl^ciating aa pilot to carry her to Grand llarbort 
 ^ho told roe that he belonged to the American fiahing Kchooner Ke- 
 l^fcoat then at anchor at Woodward'H Cove, and that they cnmo ther« 
 for water. Satiafled with his aHMrtion* 1 continued cruixing, and, 
 shortly after, I observed the Antcriran vessel g<'tting under weigh, 
 leaving the said man (Wright) behind. I ran down towards her, they 
 i\Qt l^eaving to after we flrod several shots across their bow. I chased 
 lierover to the Nova Scotia shore, where I lost sight of her. On the 
 Qtb fcJlo>ving, 1 found the snid American schooner Uebecca at anchor 
 cleanine fish, and throwing the offUls overboard, and ihonfuresaid 
 i^^ii ( Wriglit) on board. It being fine weather, and they having three 
 l^arrt^ls of water on board, with a sufficient quantity of wood, I de- 
 taiued her and took her to St. John's. 
 
 On the 15tn of the same month, I found the American fishing schoo- 
 ner William anchoring in Gull Cove; the weather was ftue until after 
 (4u» got in, when it came on fuggy with Ught breezes, and they hav- 
 ing two barrels of water on board, which myself, Mr. Touzeuu, and 
 boat's crew, subsequeutly used from, and plenty of wood, I detained 
 her. Having found the American acUoonor Kover, of Addison, Crow- 
 ley master, landing a great part of her cargo of green fish to a Mr. 
 Fowler's, at Gull Cove, I made the William's boat fast to the yawl 
 for the night, to prevent Ibeir crew from doing the same. As for 
 their getting water about sunset, and a vessel to anchor alongside of 
 t^en^ A^r. Touzeau and I know it to be impossible, us I had a sentry 
 planted on shore about two cables' length from them; and, if they re* 
 oeive4 %ny ws^ter after dark^ it was done as a pretext, for the boat's 
 crew were witnesses to the water 1 found on board when 1 first board- 
 ed her; and, that I thrcalcncd to confine the master to the d( ck, and 
 lash a ptiinp brake across his mouth, as stated in their protest, that 
 is false. On my first boarding her, with only three men in our small 
 boat, they were very abusive to us, and one of them said, if they 
 were all of his mind, they would heave that fellow overboard, 
 pointing to me. I told him if he ditl nut keep quiet, 1 would lash 
 him to the deck. At 3, P. M., same day, 15th, I received informa- 
 tion from the fishermen at Gull Cove, as well as from the master and 
 crew of the fishing schooner Minerva, of Grand Menan, that an 
 American schooner was at anchor at Beal's passage. I went out from 
 Gull Cove and saw her there; at nine o'clock in the evening, I board- 
 ed her, which proved to bo the American fishing schooner Galeon, 
 and found all the crew asleep. (Hi questioning the master the reason 
 of his being there, he told me he came to throw the gurry, ofTal of the 
 fish, overboard. They not being in want of wood or water, and a 
 finQ fain yvjnd fur them, I detained her, got hei under weigh, and ran 
 for Giill Cove, a direct couj se for their fishing ground. What tj»e 
 crew of the last mentioned vessel asserted in their protest is not true. 
 
Lioij 
 
 87 
 
 
 f never <;aUl tliat^ 1 would releaM their veMrl; but told them it was 
 not in injr power to do it, «n tlir v li«d deridrdly violated tlie Treaty 
 or Convention between Knj^land and tlic United Stateii; but, an they 
 pleaded iioverty, naying their \chhv\ wan their sole Hup|Hirt, I told 
 thein 1 would recommend their case to Cant. Hoare of the Dotterel, 
 my commanding nflicer. Doth schooners, William and Galeon, I took 
 to 8t Andrew's next day. On the 29th of the same month, 1 received 
 inforroatio.. from the master and crew of the llsliing schooner Industry 
 of Grafkil Menan, that several American fiiihing schooners were at an- 
 chor at Two Island Harbor, and that two of them, namely Reindeer 
 nod Ruby, of Lubec, were at White Island Harbor on the 24th, where 
 they got their wood and water, and that, on their anchoring there, 
 they told them and the inhabitants they were armed, and would not 
 allow any man of war's boat to board tiiem; and, after they had their 
 supplies, they shifted to Two Island Harbor. At daylight, the 2(ith, 
 observed four schooners at anchor at IVo Island Harbor, which gut 
 under weigh on our appearance. When I gut close, three of them» 
 they lashed alongside each other, and all hands, about thirty in num- 
 ber, went on board the middle ime, with fire arms and iish spears. I 
 desireU them to separate, which they I'efused to do until I threatened 
 to fire on them. On boarding them, they proved to bo the Reindeer, 
 Ruby, Friends, and Diligent, American fishing schooners. It being 
 fine weather, and they not in want of wood or water, I detained tlie 
 Reindeer and Ruby, and, by the sanction of the masters of the Dili- 
 gent and Friends, I put the crews of the Reindeer and Ruby on board 
 of them, with as much provisions as they wished to talce, and on our 
 passage to St. Andrew's, the said schooners Reindeer and Ruby were 
 forcibly taken from me by armed vessels under American colors, as 
 stated in my letter of the 27th of July last. 
 
 I have the honor to be, kc. &c. 
 
 JOHN JONES, 
 Master of His Majesty* s sloop JJotterel. 
 Richard Hoai^b, 
 
 Communderi " • ! 
 
 Uis Majesty's Sloop DoTTERBt, 
 
 9th J^'ovember, 1824. 
 
 Sir: In obedience to your orders, I herewith add a statement of the 
 Pilgrim and Hero, American fishing schooners. 
 
 On the l6th of June, last, 1 observed these schooners lying off the 
 Grand Menan, and upon approaching them, one of the schooners got 
 under weigh and stood in for tlie shore; 3 SO, P. M. observed the 
 schooner under weigh heave her lines overboard, and haul in fish, the 
 schooner then within one and a half mile of the island; 3 40, fired and 
 brought to the schooner; 3 45, boarded the Pilgrim, then about one 
 mile, or one mile and a quarter from the shore; she had on board. 
 
-f-f. 
 
 38 
 
 [101] 
 
 **»■ 
 
 fish, alive; took pn.sspssion of iiri* for a breach of tho trt-aty. I then 
 stood to the N. \ £. and boarded the Hero, who had made sail from 
 in shore. \Vhilst I was un board the Pilgrim, and finding she was 
 in want of notiiing. 1 inquired what she had been doing so near the 
 shore with her sails down, to which I was informed by one of the 
 crew, they iiad been cleaning their fish on shore; in consequence of 
 which, and having seen her within one mile of the land, i took ))os- 
 Nession of her also; stood in, and anchored in Long Island harbor. 
 Thursday, the 17th, being, for the most part of the day, calm, 1 re- 
 mained at anchor. Friday, the 18th, at 7 A. M. weighed and stood 
 for Beaver harbor; from 9 to li2, calm; 3 P. M. observed two schoon- 
 ers under the Eastern Wolf, then about one mile distant. It being 
 calm at the time, I ordered the master of the Pilgrim to send me her 
 small boat, not having one myself; upon receiving which, I ordered 
 one of my seamen and one mni'ine, armed, into her; the boy who 
 brought the boat, I told to remain on board until I returned, but on 
 his expressing a wisli to go* and kno\\ing ho was moriD acquainted 
 with her than any of my men could be, I agreed that he should pull, 
 and ordered my seamen on board: part of the way I pulled, and part of 
 the way the marine pulled with the boy. «Whcn I returned, there be- 
 ing no appearance of wind, I ordered the schooners Pilgrim and He- 
 ro to follow me and anchor under the Eastern Wolf for the night* 
 Saturday the 19th, it being calm, did not weigh until II A. M. then 
 a light breeze; stood forJieaver harbor; where I anchored at 3 P.M. 
 with an intention of waiting for the DottercPs arrival; therefore, un- 
 bent sails, and caused the Pilgrim and Hero to do the same. Sunday, 
 the 20th, 1 1 A. M. observed the Dotterel pass in the offing to the 
 Eastward; bent sails, and desired the Pilgrim and Hero to do the 
 same. 12 20 P. M. weighed, schooners in company, beat outof the 
 harbor, but finding the Pilgrim and Hero could not, 1 bore up, stood 
 in, and anchored, schooners in company. Monday the2lst, at 7 A. 
 M. weighed with light airs, schooners in company; beat up and an- 
 chored in Mason's bay at 8 30 P. M. 'J'uesday the22d, at 2 30 A. M. 
 the sentry reported one of tlie schooners was gone. Wednesday the 
 S3d, fresh gales until 10 A. M. then light airs, with heavy rain; still 
 at anchor. Thursday the 24th, at 9 A. M. weighed, with light airs, 
 and stood for Point La Pro, Hero in company, but falling calm, were 
 obliged to put into Dipper harbor. Friday the 25th, heavy rains 
 ■with strong breezes from the Eastward; remained at anchor. Satur- 
 day thf^ SGth, weighed, but were obliged to pi:t back again. Sun- 
 day the 27th, weighed, and ran up to St. John's. 
 
 I furtl)cr beg leave to state, that 1 did detain on board the crews of 
 the Pilgrim and Hero, having no authority for acting otherwise; that 
 Winslow, in Beaver harbor, said he w as aware of having fished with- 
 in the limits, and if I would allow him and crew to go home, he would 
 give up Ins sclioonor, and never again ask for her. Part ofthe men 
 were at timrsnn board my boat, and living the same as my boat's 
 crew, wiio had the allowance of the Britiiih navy, excepting spirits, 
 which had U'cn all used: to make up for which, I gave from my pri- 
 

 
 9?- 
 I 
 
 
 [ 101 3 
 
 89 
 
 vate stock, to those oF the schooners who were on hoard my boat. I 
 iievei' asked them to do any duty on board my boat; nor did 
 I at any time, make use oi'harsh or inenacin,(; laugua.i^^e. The duty 
 done by the pcrstins taken out of one or either of the said schooners, 
 was a perfect voluntary act of tlicir own. 'I'he arms spoken of, were 
 taken from thclMlgriin, through expressions made use of by Winslow, 
 ior safety. Powdei-. a (|uarter of a pound; shot, about one pound; the 
 arms were delivered to the gunner. Tiie papers of each schooner were 
 delivered to the Custom Kouse at St. John's. 
 
 I have the honor to he. &c. &c. &c. 
 
 S. U. FllOTHEROE, Mate. 
 R. IIoAUK, Comvinnder. 
 
 
 His Majesty's Sloop Dottchel, 
 
 Ilidifaa:, <,yovember 25, 1824. 
 Rear Admiral Lake, &,c. &c. 
 
 Sir: According to your direction, I have made the strictest inves- 
 tigation, and enclose the reports of Mr. Junes, master, and Mr. I'ro- 
 theroe, mate, also, the testimony of the several men belonging to 
 their boats, rel'ative to the several American lishiiig vessels tliev had 
 seized, which. 1 trust, will be suincient proof of the propiiety of de- 
 taining those vessels; and, as the American fisiiermeii do not keep 
 any journal or log, there cannot he j»ossihly any proof, but the crews 
 of the boats detaining them and t!ie Americans, it is not to he sup- 
 jjosed that the latter will acknowledge to have violated the treaty 
 existing between the two Governments relative to the fisheries. I 
 think you will perceive a consistency throughout the several reports 
 of Messrs. Jones and I'rotheroe, that will bear the stamp of truth — 
 why should they detain these vessels if they had not violated the laws? 
 It could not be for their value, they had little or nothing in, arrd they 
 knew if they were condemned and sold, they would sell for a mere 
 trifle, the best of them not more than forty dollars; there were many 
 other American fishing vessels of ntuch more value which they might 
 have seized, if it was merely to annoy them, or for the sake of what 
 they might sell ii»r; but it is known every where in the bay of Fundy, 
 that the American fishermen have invariably made use of the several 
 harbors in the Menan, as if those islands formed a part of the United 
 States, they come in and haul their nets, and there are many instances 
 of their having cut away the nets of the Islanders, and ] was in- 
 formed by the fishermen at the Menan, previous to leaving the Bay of 
 Fundy, that they had taken treble the (juantity offish this year to 
 that of any preceding year since the war, and they ascribed it en- 
 tirely to the American fishermen having been kept without the dis- 
 tance prescribed by treaty, (three marine miles) from thii shoio. 
 The former cruizers in the IJay of Funtly, (vide Capt. Aiabin's letter 
 dated II. M. sloop Argus, o(f Ilermiidu, December 17, 1H22,) have 
 not paid much attention to the fisheries oil' Menan, and cuusequeiitly, 
 the American fisherman ha\e gone into the hurbois wheiKncr tiuy 
 
 ts ^i 
 
40 
 
 [101 J 
 
 pleased, and being more numerous than tlie inhabitants, have over- 
 awed them; but I have been informed by some of the fishermen resi- 
 dent there, that more than once they have had it in contemplation to 
 represent the conduct of, and the injury they have sustained from, the 
 American fishermen, but their living remote from each other, and no 
 educated persons among them, they have been at a loss how to draw 
 up a petition, or who to apply to fur redress. 
 
 As all (he vessels alluded to in the papers sent by Mr. Addington, 
 were taken by the boats, I cannot myself, make any observations on 
 their capture, but shall confine myself to a few remarks on the pro- 
 tests of the American fishermen, and to answer the complaint you 
 have called my particular attention to. 
 
 Why do not the crews or owners of the American fishing vessels, 
 detained for violating the treaty, come forward when these vessels 
 are adjudged in the Vice Admiralty Court, and produce such evi- 
 dence as would clear them; they say, to claim their vessels in the 
 Vice Admiralty Court of New Brunswick, would be total loss; the 
 fact is, it would not answer their purpose so well; they are well 
 aware that witnesses could be produced that would falsify their testi- 
 mony; the fishermen at the Menan would immediately come forward 
 to witness the facts of their being in their harbors, and draining their 
 nets, when not in want of an article of provisions or fuel; but tho 
 Americans are aware that when their protest comes before the Com- 
 mander in Chief of this station, the vessel of war will have left the 
 Bay of Fuudy, and that there will remain but the testimony of the 
 officer and boats' crew that detained them, which they will take caie 
 to out number. If the Vice Admiralty Courts of New Brunswick 
 are conducted illegally and wrong, should they not make a represen- 
 tation to the British Government, that they may be better conducted? 
 How is the Captain of a man of war, stationed in tho Bay of Fundy to 
 act) if the proceedings in the Vice Admiralty Court arc to be consi- 
 dered illegal and void, merely from the protest of some American 
 fishermen? 
 
 What are the Vice A^dmiralty Courts instituted fur, but to try 
 causes, and decide whether the capture is just; and 1 should conceive 
 that where they li^ve passed judgment, the Captain of the seizing 
 vessel is released from further responsibility: sullicienttime is allowed 
 all parties, to procure and produce evidence, and if they do not come 
 forward, is it not a tacit acknowledgment of the badness of their 
 cause — and such is the case with these American fishing vessels; they 
 have asserted many things that are wholly false. It is said, in tho 
 memorial A, ** that nine sail of American fishermen had been captured 
 and sent into the province of New Brunswick, while others had been 
 converted into tenders without trial, for the purpose of molesting our 
 fishermen; they have insulted and abused the crews, turned them on 
 shore in a foreign country, entirely destitute, and witliout the means 
 of returning to their homes.'* 
 
 That any American fishing vessel detained by the Dotterel, or her 
 boats, has been converted into a tender for the heiter molesting their 
 
 ^v^ 
 
41 
 
 lave over- 
 'men resi- 
 iplation t() 
 IVom, the 
 ir^ and no 
 V to draw 
 
 ddington, 
 rations on 
 I the pro- 
 daint you 
 
 g vessels, 
 isc vessels 
 
 such evi- 
 lels in the 
 I loss; the 
 
 are well 
 heir tcsti- 
 } forward 
 ning their 
 I; but the 
 the Com- 
 ve left the 
 my of the 
 
 take caie 
 Irunswick 
 
 represen- 
 onductcd? 
 
 Fundy to 
 
 be consi- 
 Ainerican 
 
 but to try 
 I conceive 
 le seizing 
 is allowed 
 
 not come 
 IS of their 
 isels; they 
 lid, in the 
 
 captured 
 > had been 
 esting our 
 r) them on 
 the means 
 
 el, or her 
 
 iting their 
 
 fishermen, is wholly false; that the crews have, to my knowledge, 
 been insulted and abused, must be a gross and wilful perjury; it had 
 always been the custom, I understood, to allow the crews of the ves- 
 sels detained to take their clothes and such provisions as they pleased* 
 and find their way to the States I have sometimes offered to carry 
 them back, when I returned to Passamaquoddy: they have invariably 
 been allowed to take away every thing they could claim as their pri- 
 vate property, and the whole of their provisions on board their ves- 
 sel, with which they paid their passage back to their country. 
 
 And in the memorial C, it is said, *• that the American fishermen 
 '*have no occasion nor inducement to violate the provisions of the, 
 " aforesaid convention, nor have they, as we firmly believe, given^ 
 ** in any instance, just cause of complaint.'' 
 
 It is a well known fact, that tht; American fishermen leave their 
 fishing ground every Saturday (when there is not a man of war or 
 her boats in the neighborhood) and anchor in some of the harbors of 
 the Menan until the Monday, bringing in the fish offal with them, 
 and throwing it overboard on the inner banks, by which they drive 
 the fish off those banks, and they haul their nets during the Sunday, 
 and catch sufficient bait for the ensuing week. This, they suppose 
 is not known: for they are not ignorant that this is a violation of the 
 provisions of the convention; the fact is, they want, by causing much 
 trouble, to deter the man of war, stationed in the Bay of Fundy, from 
 interfering with them at all. 
 
 That the brig's barge has come into the wharf at Eastport and 
 taken and carried away two boats laden with flour, Lieut. Driffield's 
 letter on that subject will, I think, completely invalidate that charge. 
 
 That the Hero, American fishing vessel, captured on the I6th June, 
 has not been sent in for tiial, but is armed, and is still used as a ten- 
 der to the Dotterel, is entirely false- She was not used by me to 
 annoy a single American vessel; and on her arrival at St. John's, 
 was delivered over to the Collector of the Customs, and ought long 
 eie this, to have been adjudged in the Vice Admiralry Court. ** That 
 the officers having charge of the armed boats of the Dotterel, order- 
 ed to cruize round Grand Menan and Campa Bello, have written in- 
 structions which have been exhibited, to seize and send into St. An- 
 drew's all American fishing vessels found within three marine miles of 
 the said island." My order to the officers of the boats has been, that 
 any Amei-ican vessels they may find within three marine miles of 
 the shora, except in evident cases of distress, or in want of wood or 
 water, they are to detain and send or carry them to St. Andrews. 
 1 have the honor to be^ &c. &c. &c. 
 
 RICHARD HO ARE, 
 , * . , Commander. 
 
 Vi 
 
 6 
 
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