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 X ■ 
 
 PRINTE 
 
 \^' 
 
RS^lSl^/aTOW 
 
 OF THE 
 
 ILLEGAL SEIZURE 
 
 OP THE 
 
 « 
 
 st%}oontr ^i^^ttMm^ 
 
 OWNED BY JAMES REEVE, 
 
 ON LAKE ST. CLAIR, IN BRITISH WATERS 
 
 BT AN AMEItlCAN ARMED GANG, 
 
 
 
 JUJTE, 1854. 
 
 1 
 
 i» * 
 
 ^ - CHATHAM, C. W. 
 
 PRINTED BY W. H. THOMPSON,—" MERCHANTS' PRESS. " 
 
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 About 
 first of So 
 
 ill Cli:itl)» 
 
 Smith" u 
 G, S. hi 
 dock. I 
 hftm loO 
 I decline< 
 worth the 
 my purp( 
 out aa on 
 
 " I agre« 
 
 tChathaui, 
 
 [ten cents p 
 
 sel is not i 
 
 In case si 
 
 agree to se 
 
 I lue notice 
 
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 : ^^ilv^iTAV/ ir^IXniU yj ,Ui/.l) :IS H>i/Ml Vl(; 
 
 
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 HfviiTq 't;.!;:/!;:; 
 
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 ) 11 / 
 
 .1 J 
 
 A H v> 
 
 on- 
 
 .V W YH ariTrlUri 
 
 Detroit, 
 
 Lester 
 amincd b 
 at^iis pri< 
 to carry ^ 
 and gave 
 sel at his 
 d«»y. U 
 the Fridfi 
 took then 
 *vent to I 
 Gitlet sta 
 We-accoi 
 laid at th 
 and a bill 
 At the sa 
 f— the bal 
 on the 1 
 liad the f 
 to the ve! 
 our agre< 
 papers", b 
 Lester wi 
 rfhen lefu 
 I to me the 
 
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 A 
 
 
 
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 it 'O T> •!>«.'( TA'i . 
 
 Statement of the Case of JAMBS RISBVE. ^-^ 
 
 u 
 
 M^'» 
 
 •r.K 
 
 " I. . 
 
 -ii 
 
 
 ii 
 
 I 
 
 i>i/<J >1(. 
 
 <-*{ cirTr Urij 
 
 About the middle of July, 1853, I began to boy Wheat. By the ' 
 first of 8o[)tembcr I hud 4d00 'bushels purchased. No vessel being 
 in ChittiiHin, I went to Detroit, and seeing the Schooner *'Ji7Lia 
 Smith^' unloading Coal, 1 ascertained that she was owned by one 
 G. S. Lcsur. I then went and found Lester in his office, upon tiic 
 dock. I chartered the ves&el to carry me a load of wheat from Chat'> 
 ham lo -Oswego. Lester then pressed me to buy the Schooner. — 
 I declined buying until I had ascertained whether the vessel was 
 worth the amount he asked for her, and whether she would answer 
 my purpose to carry Wheat, any length of time. Lester then dr^w 
 put an order to that effect, a^ollows, dated August 24>th, 1853. 
 
 " I agree to send the Schooner Julia Smith to Chatham for James Reeve, of 
 Chatham, for a load of wht:at to be taken to Oswego, for and <it the price of 
 ten cents per bushel freight. It is understood be tween the parties that the ve*!- 
 sel is not to be detained over four days loading after she arrives at Chatham. 
 In case she is more than four days i>hj shall be entitled to damages. I aUo 
 agree to sell said vessel for $3,500 ii he, Reeve, so elects to take her, and give 
 uie notice to that efiect on or before return here." ,v J 
 
 ,, G.S.LESTER. , 
 
 Detroit, Aug. 24, 1853. ....*. i . ^ 
 
 Lester then sent up the vessel to Chathaitt ; I then had her ex- 
 amined by two Ship Carpenters, and they pronounced her very chea|*> 
 tttliis price, $2^'i00, and she would answer me for two or three yeartj 
 to carry wheat. I then loaded her with 4000 bushels of Whea» , 
 and gave the Captain a note for Lester stating I would buy (he ves^ 
 sel at his price, and would be down by Steamboat on the next Fri- 
 d«iy. 'JJie vessel sailed from Chatham, September 8th, 185<l. On 
 the Friday following I hired Oapt. David Duff, and two snilors,. and 
 took them do'vii on the Steamboat to Detroit. After landing, we 
 went to Lester's office, and found that he was not there, but one 
 Gillet stated that he was authorised by Lester to sell me the vessel. 
 We-accordingly made a bargain that I should have her as she then 
 laid at the dock, for^25@0. One thousand dollars to be paid down, 
 and a bill of saJe to be given rae^ and the insurancQ made over to me. 
 At the same time I was to give a Mortgage upon balance of payment 
 — the balance $500 to be paid 1st December, the remainder $1000 
 on the 1st July 1854. Oillet and myself went to an Attorney, and 
 had the first part of our agreement drawn up. We then returned 
 to tlie vessel, and I called upon Gillet to carry out the secehtd |)art of 
 our agreement. Gillet stated he could not make but the Insurance 
 papers, but that I would have to come down to Detroit again, when 
 Lester was at home, and things would be arranged satisfactorily. 1 
 then refused to take the vessel unless the Insurance was made over 
 to me th,^reand then, as I would not run any risk to loo$e my on« 
 
8TATEMENT OP THK CAaM. 
 
 thousand dollars. Glllet fhen assured me that LesUir would Uold mo 
 harmless till the vossc! arrived back, as the insurance was made out 
 in his name, and ho could colleot if anything went wrong. Under 
 that promise I hired three more sailors, provisioned the vuss<;l, bouirhl 
 «nub and tow lines, costing 120 dollars, and then sent hor upon her 
 voyage. Upon the date named by Gii;ct, I went down to Detroit, to 
 have our agreement perfected, but again Gillet stated that Lester 
 was not at home, and he oouid not doit. Oa the 9th of October'T 
 received a letter from Capt.. David Duff, stating that the vessel was 
 blown ashore at Long Poirvt on Lake Erie. I -Immediately went to 
 Detroit and called at Lester's office ; Gillet stated Uster was not at 
 liome, and that I must go and get the vessel off. I told -him of our 
 agreenii nt, and that I would not go a»d g3t her off, as he had not 
 fulfilled his agreement with me, and I could not get the insurance. — 
 Gillet then gave me a written order to g# and get her off fur Lester, 
 8S follows: , 1 , 
 
 • "Mr. Reeve will pioc'ei] or send to Long Point, and endeavour to secure said 
 vessel, and use nil prop.T means to do so, jusi the same as he should do, if 
 wot insured. If she cannot be saved, and you have to abanJon the hull or any 
 portion of the rigging you will report to me at Detroit." 
 
 Under this order, I went and got her off the Long Point Shore, 
 it costing me 500 dollars. I then took her into Port Burwell, A"d 
 loaded her with Pine Lumber and Shingles, and consigned her to 
 Lester of Detroit, where she arrived on Sunday 6th November. — 
 Capt. Duff and myself went tp Lester's office to report his arrival. 
 I then demanded a eettlement,but Gillet stated that Lester was not 
 at homo, but that they were looking for him hourly. Wo waited till 
 Tuesday, noon, following, when tho Captain told Gillet tho vessel wai 
 leaking so badly that he must get her hauled out, and caulked. GlUet 
 told tho Capt. to take her home and have hor fitted up as good as she 
 was before going ashore, and for him to send his bill down properly au- 
 thenticated, all of which was properly dono, costing $272. Thus ended 
 tho first voyage. 
 
 I then took tho ''Julia Suiitir round to Dresden, on Boar Creek. I 
 Fold this Wheat as it lay in store to ono P. S. Stephenson of Jiamiltion ; 
 iLwas loaded into tho Schooner, and consigned to — — StepheLSon of 
 Oswego, N. y., but before tho vessel could got out of the Cr^ek, it 
 froze up, and the vessel laid there all Winter. P. S. Stephenson sold 
 the Wheat that was in the vessel, to, a Mr. Janes of Montreal, and Jarie$ 
 ordered the Captain to bring tho Wheat to Montreal in -tho Spring.-^ 
 Capt. Duff left and went to Chicago. I then employed one John Brnco 
 as Captain. April 20th, (654, I went again to Detroit to got a settle- 
 ment with Lester. I saw Loster this time being the first time I had seen 
 hini since I chartered the Schooner on the 28th of Aggust before.-^ 
 JLester then stated that he could get only $250 of insuranco, .^nd that I 
 must propecute tho claim, or ho would take the vessel from mo. I rofus- 
 od. He stated that tho Bonds had been laying in tho Custom House for 
 months, and that I never went there to sign them, that being the proper 
 place where all such business was transacted. That I was a rogue, ^nd 
 ibatwhen^heve^sol came, past, he w^uld send the man of War theo 
 
 laying op| 
 Smith" oil 
 took in 20 
 and upon 
 C!i rgo of 
 American 
 laid tho fa 
 Officer, ui 
 at tho sar 
 cargo, and 
 Windsor 
 to Goodei 
 urgent re 
 Kingston, 
 of it, aid 
 of two nc 
 I could g 
 they wort 
 ingly got 
 the iMond 
 been capt 
 charge of 
 >Ir. Shelc 
 fore the c 
 to "ive mi 
 t^o good 
 tii'O Strang 
 vetisel in < 
 would be 
 then loft 1 
 was taker 
 AttornioE 
 ihg theaf 
 name anc 
 ner, as h^ 
 eamo I ha 
 having to 
 evidence 
 ing but t 
 owner of 
 they WQte 
 lecurity 
 this time 
 Jackson ( 
 property 
 it. Shor 
 was great 
 Tht) ca 
 frr)m«my- 
 advising i 
 name, agt 
 CO. and tt 
 which I c 
 
4 
 
 0u1(l hold mo 
 s made out 
 ug. Under 
 jss«d, bou:rlii 
 or upon her 
 to Detroit, to 
 that Lester 
 »f October"! 
 3 vessel was 
 ie\y went to 
 ;r was not Ht 
 bim of our 
 s he had not 
 insurance. — 
 f for Lester, 
 
 : to secure said 
 e should do, if 
 he hull or any 
 
 Point Shore, 
 BurvTcll, {^nd 
 igned her to 
 November. — 
 t Ills arrival, 
 jsler vfixs not 
 o waited till 
 ho vessel wai 
 
 liked, aim 
 
 good as sKe 
 properly ati- 
 ThuB ended 
 
 ar Creek. I 
 
 of WamilJioD ; 
 5tepheLSoii of 
 the Cr^ek, it 
 phenson sold 
 a), and Jane$ 
 ho- Sprin;j.— 
 le John Bnico 
 got a settle- 
 ine I had seen 
 list beforo.-^ 
 e, and that I 
 mo. I roius- 
 »m House for 
 ig the proper 
 a rogue, "and 
 of War tbeD 
 
 STATFMRXT OP THK f.-S't. 8 
 
 Uying opposite Detroit, and take her from mo. ITo^^^vor, t!jc ''Jul** 
 Smith" on th«« 22m\ April, arrived at fl tints dot'b at Wi\id<or, aiH there 
 took in 200 Bushels of Wheat. Losfor did riot nio'fnil her !\t» tlirea^cne^!, 
 and upon hor arrival at Kingston I dr-K'ov.jredf that I cnuld n •! land her 
 CJirgo of Wheat, she being an Amerio; n bott-Mn, and nailifg undct 
 Amorican papi.*r. i took rftoamboat and inmiedi itely wont to MonfroitI, 
 laid the facts of my case before Mr. Hamilton, Imperial CuBto;n llouEe 
 Officer, and ho took my Amorican papor and gave mo a British Registry, 
 at the samo Mmo altering her name to "Mazeppa." I then landed the 
 cargo, and took in a return cargo, consigned to Aniherstburg, Sitndwich, 
 Windsor and Chatham. I then had another load of Wheat belonging 
 to Gooderham A: Worts, of Toronto, to bo delivered at Oswego, but upon 
 urgent request of John McDowell, wlio had a large quantity of lion at 
 Kingston, and who stated that his Foundry would have to stop for want 
 of it, ai d of Salom Aldis, whoso saw mill ho said was stopped for want 
 of two new Coilors at Haneymari's, at Kingston, I informed thera that if 
 I could got a freight to Kingston, I would acoommodite them, scoine 
 they wore suffering for tho want of their different properties. I accord- 
 ingly got a load of Staves and Tobacco. The vessel sailed on Friday; 
 the Monday following tho Captain returned, stating that tho vessel hod 
 been captured by an armed gang, and carried into Detroit, and was in 
 charge of the Custom House officers. I went to Detroit^ and employed 
 Mr. Sheldon, to act for me. The Captain made affidavit of the facts be- 
 fore the officer for taking tho same ; but the Custom autiibrities i-ofuscd 
 to give nie up the vessel and cargo, unless I could give sufficient bail, and 
 ttvf» good securities for hor return in case of condemnation. Being an en« 
 tii'e stranger in Detroit, I knew no one to ask to go security for retura bf 
 vei-sel in October. I saw the vessel together with tho staves and tobacco 
 would be sold unions their owner could show cause to the contrary. I 
 then loft tho property to my Attorney to attend to. In August Sheldon 
 was taken sick, and he advisod me to take my ease to W|lcox & Gray, 
 Attornios and Counsellors of Detroit ;- these Attorney's after invostigat* 
 mg the affair, advised me to defend for the Staves, Tobaeco, &c., in the 
 name and behalf of the owners-'—Lester ^ould have to defend for Schoo^ 
 ner, as he had assigned her to orie Hudson, Accordingly when Octobec 
 came I had at groat expense got-the crow of the "Julia Smith," to DetroUi 
 having to pay thoir expenses from different Ports on tlie Lakes. The 
 evidence brought forward prevented tho Cast' -a House froin condenin- 
 ing but the Collector still refused to give up tiic property. Mr. Water* 
 owner of the Staves, gave security for them, but tvhcn he took possession 
 they were greatly wasted and damaged. The oats, I paid money for at 
 security and got them, the bags being noarly eaten Up by rats; duritig 
 this time oats had fallen in price from 75 cents to 27 cents per bushel — 
 Jickson owner of tho Tobacco, being a fugitive slave, had acqtiircd this 
 property by hard industry, at Chatham ; it was his all, and he had to loose 
 it. Shortly after he discovered it was of no use getting* it back, as it 
 was greatly damaged. 
 
 This case went on till January 29tH-l8r)5, when I received a letter 
 frr»m«my Attornejj'^. statin .f til it tho o ISO was decided in my favor, and 
 advising me to got W'aters & .Fiickson to allow me to proceed in their 
 name, against the Schooner for tho damages upon the Staves and Tobac- 
 co, and that such action would not effect any claim upon saiUf Schooner 
 wbjch I could recover afterwards. I got their consent, the vessel waa 
 
gTATHIIEKT.QP JK^ C/iSK. 
 
 ^ijKcl. and Lester and ono Ward come is as bail. The action went on, 
 till a>)out August following, whon Jackson and Waters stat«d that nij 
 suit in their behalf, in the Xmericun Courts would bo carried on to an 
 indcfiiiito period ; that they would against thoir will, have to put their 
 case into our Courts against mo. They did so, and Judgments for tho 
 following- amounts wore obtained against mc: ; ., . uv, -miA 
 
 IN THE QUEEN'S BENCH. 
 
 
 
 . I hereby ceriity that Judsrment was entered up between HinrBT C. Ja.ck« 
 RO.v, PlaintiflT, and J^MRa Rkkvr, Defendant, on the sixth day o/ Oeceinb<T, 
 one thousand eight hundred and fifiyfive, in an notion on contract, for oofi 
 hundred and fifty-seven poundsf, for damages And twenty -six pounds, sevr. 
 enteen shillings and seven pence for costs. 
 
 In Witness Wuereof, I have hereunto set my Hand and Seal of Office, 
 BtQhathain, this, twenty -second day of July, A. D. 1858. 
 
 ^'^y':{^ ■ *y''^;-. y\,;. v/'M^'; t. a. Ireland, '-/''' ^\ 
 
 ,. , Deputy Clcik of the Crown and Plea:*, r 
 
 In the County of KentI 
 
 : yi'.Ut t'i 
 
 •ii.i 
 
 ri<. 
 
 ■ P'l 
 
 i;«t 
 
 IN THE QUEEN'S BENCH. 
 
 I hereby certify that Judgment was entered up between Henry Waters, 
 plaintiff, and James Rreye, Defendant, on the thirty-first day of January, 
 one thoui^and eight hundred and fifiy-six, in an action on. promises, for fifly* 
 three pounds, seventeen shillings and six pence for damages. And four 
 pounds two shillings and two pence, for costs,; _. , 
 
 In Witness WHEaror, 1 have hereunto set my I|and and Seal of O&ce, 
 1^ l^hatham, this t\i:enty-second day of July, A. D. 1858. 
 
 'ci:"..... T. A, mEl,ANJ>,, ) • : 
 
 I .7 ,.if.i.v; .»i;) ; -f.'. V, .' .Deputy Clerk of the Crown and Fleas, 
 :i-: ;! . .;7., .,, .,i.:c In the County of Kent^ 
 
 Th^o parties in Detroit discovered what had taken place in Chatham. 
 I had nothing left but to drop the suit in t^^ir Courts/ thereby letting 
 Le6tfflr go, attor his having got from me one thousand dollars in cash, 
 ftve hundred dollars in getting the vessel off Ling Point — $272,00 fbr 
 eanlking and repairs upon vessel at Chatha n on her rettirRf over $300 
 in cash laid out in out-fit of vessel— $628 worth of I obacco making al- 
 together $2,700,00 beside^ the damages to Staves and Oats, and costs 
 of the two suits in the Admiralty Conrtsof Detroit, and tho debts and 
 ^ts of the two suits against me at Chatham . 
 
 i 
 
 sta 5ol vi.f"-"'"f ^-'-.'f 1 >•)•■ 
 
 ioj: 
 
 JAMES HEEYE. 
 
 Tlti order to have the matter fully made clear, thf oas^ in. favor of the 
 tfnited States as made out by the Michigan authorities is herewith 
 
 :,«m: 
 
 ?■■:, .'! 
 
 t -J . ; ■ * V 
 
 "VO:^:-; :• tJii 1-']1«H v.";; 
 
 . I..- . a . 
 
 \ 
 
 .[Copy.] „. , , - -.. Office of the Attorney for the tJ. S. 
 
 ...ivir/.jp,, ,.,,,,, i 'v For the District of Michigan. 
 
 In:-. Kv. v/<i ii: ; -I • ' h Kalamazoo, itth September, 1857. 
 
 "^' ' ' ^-' 'th'replvfoydtircbihmuhWail^^ 10th, 1857, inclosing^ t» 
 
 me a copy of a note from Lord Napier, addressed to your department relative 
 
 I 
 
 10 the sei 
 pa,") I h 
 George ^ 
 the leizu 
 sued out 
 8. Lestei 
 all the ci 
 
 This s 
 liance ar 
 So much 
 
 The pi 
 SOth of J 
 for this C 
 form will 
 merchant 
 appear ai 
 Admiral I 
 thereafter 
 Schooner 
 licitnr of 
 petition o 
 sion of sii 
 Treasury 
 
 I shou'l 
 my absen 
 
 (Copy.J 
 
 JOSEI 
 
 SIR,— 
 
 of the. Sd 
 honor to i 
 have a f u 
 The Sc 
 Geo. S. 1 
 ber 1853, 
 Schooner 
 which the 
 
 "It is h 
 "Lester, j 
 "said par 
 "thousanc 
 "pumps— 
 "lowing : 
 "sum of 
 "mainins; 
 •'hundred 
 "part, tha 
 "first part 
 "livered i 
 "parly of 
 "first "pari 
 
ion went oo, 
 ed that nij 
 ' on to an 
 put their 
 !Dt8 for tbo 
 
 ;o 
 
 L ' . ' ".lA 
 
 'KT C. 3kc%' 
 >t OeceintHT, 
 tract, for ooe 
 pounds, sev- 
 
 al of Office, 
 
 md Plea!«, 
 pplyofKent, 
 
 li <■]>■ >tl! 
 RY WaTEB«, 
 
 of January, : 
 ises, for Aftv ' 
 ;s. And four 
 
 eal of Odicff, 
 
 nd Fleas, 
 inty of Kent 
 
 in Chatham, 
 reby letting 
 ars in casl^ 
 ^272,00 fbr 
 rforer $300 
 making al- 
 bs, and costs 
 
 debts and 
 
 EEVE. 
 
 favor of the 
 
 1 is herewith 
 
 U. S. 
 
 n. 
 
 1857. 
 
 ! 
 
 .4- 
 
 i 
 
 pOKBEtrOlffiEKOR. I 
 
 10 iheseiajurc Of ihc Schooner "Julia Smith" (oiherwisf named the "Mazem 
 pa, ; I have tJie houor to report that I have obtained from the Honorable 
 Cieorge V. A. Laihrop a fulf statement ot the proceedings had in the case of 
 the leizu revolt that Schooner, under, and by virtue of a Writ of Ucplevin. is- 
 sued out of the Circuit Court for the County of Wayne, in favor oi OcorM 
 S. Lester, against Jar -s Jleeve— the reason* why, and Ihe place Habere, with, 
 all the circumstances attending the seizure. 
 
 This »ta»emeni I inclose to your Department, and n^ed not add that full r«. 
 liance and credit may be given to every word Mr. Laihron has therein made. 
 So much for the pruceedinjjs as they existed between privatk Citizkns 
 
 oni -rPT^^*^*'^'""^ "** '^* f*^''^ °^' '**^ United States were as follows —On the 
 Both of June, 1854, a libel was filed in the District Court of the United States 
 for this District against the Schooner "Julia Smith," charging her in due 
 form With a violation of the llevenue Laws, in landin? goods, wan-s, and 
 merchandise contrary to Law, and an order of publication to all persons to 
 appear and contest said libel was made by the said District Court sluing in 
 Admiralty, which order was duly published. On the 4th day of September 
 Hiereafter, at a Session of said Court, a regular decree of confiscation of said 
 bchooner, and her cargo was made, which was remitted by order of the So- 
 hcitor of the Treasury, on or about the 21st day of February 1855, upon tht 
 pewion of the said Georges. Lester. His original petition for the remis. 
 slon of said forfeiture must be on file in the office of the Solicitor of the 
 Treasury. 
 
 I should have reported the facts in this case, at a much earlier day, but for 
 my absence at the tkne of receiving the statement from Mr. Laihrop. 
 
 With &c. [Signed,] ./ JAS. MILLER, Jg. < 
 
 •' U. S. District Attorney. 
 
 !; •(. 
 
 iv. i.-i-- 
 
 T' 0' 
 
 ' -t .V ''• 
 
 U. S. Attorney for the District of Midi. 
 
 (Copy. J ._, ;. . ji, (:;,.,. • Detroit, August 4ih, 1837. 
 
 ;, JosppH Miller, Jri., Esquire, ' • "'^"* "'^ '"'• - ' "'' ' ''' "'''' 
 
 SIR,— 
 
 Ip answer for your enquiry for information respecting the seizure 
 of th?. Scjioocer "Julia Smith" otherwise called the "Mazeppa," I have the 
 honor to say that I acted as Attorney for Mr. Lester in the transaction, and 
 have a full knowledge of the facts, which I will now lay before )ou. 
 
 The Schooner "Julia Smith" was an American bottom, and was owned by 
 Geo. S. Lester, Esqr., a merchant of this City. On the 9lh day of Septemi- 
 ber 1853, Mr. Lester made at Detroit a contract in writing for the sale of the 
 Schooner U> James Reeve, the original of which is now before me,, and oiN 
 which the foi^bwing is an accurate copy. 
 
 inclosing t.> 
 ment relatiye 
 
 "It is hereby agreed between James Rifeve oi the fi/rst part, and George S. 
 "Lester, party of the second, — That said p.ii ty of the first part shall pay to 
 ••said party of the second part, fbr the Schooner 'Julia Smith' the sum of two 
 "thousand five hundred dollars, subject to a bill of repairs, — caulking and nev^ 
 "pumps — amoui ting to fifty dollars, on said vessel, in manner and form fol- 
 •'lowing : — to wit, one thoiisand dollars upon delivery of these presents, the 
 •'sum of five hundred dollars on the first day of December next, and the re- 
 "mainin? one thousand dollarvon the first day.of July one thousand eight 
 "hundred and fifty-four, and it is further agreed by said party of the seco.ncj 
 "part, that upon payment of the said thousand dollars by the said parly of the 
 "first part, said Schooner with her tackle, apparel, and furniture shall be de- 
 "livered into the possession of the said party of the first part, and the .said 
 "parly of the second part doth further agn e to execute to the said party of the 
 "first part, on or before the fourteenth day of September 18.>:), a govd and suffl- 
 
CORRMrONORMCK. 
 
 "cient bill ol sale of nald Schooner, h?r encklc Ac, to secure the paymrnt of 
 'the balance of (he purchase mun^'y, and Interest due to said party of (he 
 'second part. 
 
 ^*' Witness our Ilauds and Souls at Detroit, Soptembor 9th, I8d3. 
 
 dTi (Signed,) 
 
 "In nrosenco of 
 ? T, H. nartwoll." 
 
 JAMES REEVK, (Seal) 
 } ;■!;;■, (SSAL,) 
 
 V ,1 'I 
 
 ril 
 
 At the (imc of making Ihc said contract, thungh Lcstor was the full owner 
 ot the Schooner, yet the proper tide to an undivided half of her was in Mr. 
 Charles Taintor. Fur tins reason the provision was made in contract for ez- 
 fcntion of the future bill of sale by L-ster, and the contemporary Mortgage 
 hy Il( eve for the security of the balance or the purchase money. Lester per-i 
 fected his legal title, and was then ready to carry out the contract. But Reeve 
 obtaining possession of the vessel at the lime of the execution of the coDtracI* 
 took her into Canadian wutefs, and soon afterward* eauved her name to bfi 
 changed to "Mazeppa." 
 
 When Lester called upon Reeve for the consummation of the pap .>rs stipu- 
 lated for in the contract, Reeve refused to do anything about it. He would 
 neither give the Mortgage, pay the balance of the purchase money, nor re- 
 turn the vessel. FI is intended fraud was now manifest. Having got posftes* 
 sion of the vessel, riu) her into foreign waters, and changed her name, he re* 
 pudiated the contract and set Lester at defiance. Under advice of Counsel, 
 Lester then proceeded in the Spring of I8M to make formal tender of a Bill 
 of Sale of the vessel to Reeve, with a demand for the stipulated Mortgage, 
 and upon Reeves renewed refusal, Lester demanded ledelivery to himseU of 
 the vessel, which Reeve of course refused. 
 
 Th -se steps were taken with a vi«rw of regaining possession of the Schoon- 
 er bv proceedings in the Canadian Courts, and by my advice Mr. Lester con« 
 sulked an eminent Barrister in Canada on the subject, and was counselled by 
 him to prefer an action in our own Courts. The reason was, if I remember 
 aright, that our action of replevin was more compr«'hensive than thai action 
 under the Canadian Laws. 
 
 It' was ascertained that the Schooner was at Chatham, C|^ada, loading fbr 
 some pons on Lake Ontario. It was therefore determinedTo arrest her ot» 
 her vo>'<ige down if she should come within reach of the process of our Courts. 
 
 Accordingly on the 8ih day of June 1854, Lester sued out a writ of replevia 
 against Ret' ve for the unlawful detention of said Schooner from the Circuit 
 Court of the County of Wayne. 
 
 Tliis AVrii .was placed in ih'i hands of an iiitellig.nt officer, Francis H* 
 Sicotte, with instructions to seiz^ (he vessel if she catne wiihin jus }tn;isdic- 
 lion. Intelligence was obtaincil ol the time of her sailing which w:i3 on the 
 lOih of June. The orficer took a steam To^ and wai' tl |jr tier iu Detroit 
 River, fie was car-'ful not to molest her while wi iii-i British waters, but on 
 her voyage down, she passed over the line into AmTic in waier.i, and the otfi- 
 cer at once laid his tugalon<r si ie her, aod seiz^^d her 
 
 The oflicer took her to Detroit on the day toUuwing, Reeves' Captain de- 
 serted the Sohooner refusing to take charge of her cargo, though Lester ofT.r- 
 ed him every facility fur. so doing. Lester then unLad'ed the cargo, and 
 stored it for the benefit o.'lhe owners or parties interested. 
 
 The carfjo consisted prin-cipnlly of staves and unmanufactured Tobacco. "f 
 These were soon Tfterwards^sei/e I by the Unitetf States Revenui oflieers hav-' 
 ingbeen unlawtully lande.i. The United States Di-siricl Court however, dis- 
 missed the lil)el and 'liseharged the proper y t^roin the s"izu'e. But pending 
 this liii^alion, tiie tob;iceo was sold by order of the Court as perishable prop 
 e;tv. At this sii'e Lrster hi I }i.>r the Tobaeco. /olijuiarilv. lor the benefit of 
 tiie owner, .III 1 wf'ii he n;ipear.^lL<\s'er delivered him 'lie Tobacco without 
 aiiy charge beyond what he pi id for it on .sale. The U. S. Court alsj, of 
 
 fOAne, or 
 staves we 
 
 The a I) 
 •ibie and ( 
 lually ass 
 never did 
 A'lorney 
 Reeve lin 
 to (to so. 
 
 Our C^ 
 had Mr. I 
 seizure b( 
 cour^e ha 
 
 But Re 
 He prefer 
 and strict 
 invasion < 
 inioacau 
 iter, he is 
 
 
 'To H 
 G 
 
 May i 
 
 Penefatli 
 Novemb 
 begging 
 'ineuc of 
 Btatcs, t( 
 ^countors 
 of the s< 
 Geo. V. 
 Schoonc] 
 'State wa 
 Excellcn 
 Boy,— Fi 
 'had at tl 
 "two hun( 
 doMara o 
 due unti 
 said Sch 
 fore olFc 
 that he 1 
 Schoono 
 of Ropl( 
 were so i 
 Sunday ' 
 not you] 
 the vess< 
 of theifi 
 
• C01.4lKls>i>0ND£;hCE. 
 
 paymmt of 
 party of (be 
 
 (Seal) 
 (Sbal.) 
 
 ! full ovrner 
 
 was in Mr. 
 
 tract for ex- 
 
 y Mortgage 
 
 Lester pcm 
 
 But Reeve 
 
 the coDtract, 
 
 name to bpi 
 
 lap rrs stipu- 
 lle would 
 'iiey, nor re- 
 S ^^^ pJSHes* 
 laine, he re- 
 uf Counsel, 
 der of a Bill 
 Mortgage, 
 [o hitn$eU of 
 
 theSchooU' 
 
 Lester con- 
 
 !ounselIed by 
 
 I rumemher 
 
 1 thai action 
 
 I, loading fbr 
 rrest her on 
 )roar Courts, 
 it of replevia 
 a tl»e Circuit 
 
 Francis H* 
 )us jui:is(J.|c- 
 ) w:is on the 
 r ill Detroit 
 Mters, but on 
 anU the otTi- 
 
 Captain de- 
 
 Lester ofF.r- 
 
 I cargo, ana 
 
 1 Tobacco.^ 
 officers bav:<' 
 however, dis- 
 But pending 
 ishable prop 
 he bojnefit of 
 icco without 
 >urt alsj, ,Qf 
 
 ^OJr»e, ordered the proctcls of iIk? hhIc to b* pnid ovor to th* owner. Tie 
 staves wt-re ahj rccLinud and taken Jiway by the owmr. 
 
 The above nr»' thj simple l;ict- <•! the east* The rvidence is easily acr-es. 
 •ibie and complete. II Recvf ha l hiid ;iny lo;,';il liu'hts he could have f(tcC' 
 tually asserted them in the action of ippiovin, But he refused to .ippcar, and 
 never did appear todefend that nntinn. ilcron^ultod a hijjhiy le-p oiiible 
 AMorney ill Dttroii, -and I nivM-ll rtq ipsud tfiiii Aiiomev to appear lor Mr. 
 Reeveitn the action uf replevin. IJit he saiil Mr. Ueeve dio not rhoosr 
 to do no. 
 
 Our Court wt>uld at once hav.- sot a^i,ie the service (»f th<» wiit of replevin, 
 had Mr. Re^ve come in an I ^jji.w.d thai the pic.o.s^ had bn-n ahuxd ! y a 
 Bcizure beyond it.> juri^;di^•^iun ; nud the le.-ioiiHioii of ihe vohtl wou.d ol 
 course have followed. 
 
 But Reeve did not ('aie to faee the ri;,'itr nn J jiistiee of a !<"'ijal enqMiry.— 
 He preferred another fonim where he sti|)p sed ih«.re might lie less ci'iiainiy 
 and strictness of *?vldence. Ilonce he has fiet iif> i!ie i.'roun;iless ;iret(.'xl of an 
 invasion of British waters. He seeks (o exasf'eriitr a trifling border lawsiii 
 into a cause of National cotiiroveisy. Failing iii an JUiempttHl fraud on Li*- 
 iter, he is now seeking lo practice one upon the British Goveinmeni. 
 
 . ' " . ' ■"'.•■ I haw, &c., 
 
 "'••'"'^''" «••"""'• GEO. V. A LOTllROP, 
 
 ■i4f 
 .» 
 
 Signed, 
 
 'To His Excellency Sir Edmund Walker Head, 
 .; Governor General of CaDada, Aic, &C.5 &c., 
 
 May it please your Exccileiicy : 
 
 I hud tho honor of rrcc'ivinpf a cominunication from R T. 
 Penefathor, Esquire, your ExcelK'ncy's yeeri'tury, biuring date tJKi'i'^id 
 Noveniborlast, upon the receipt of which I replied to Mr. Ponnofatlur, 
 begging that your Excelloney would ^^Ur^pond any opinion upon thostate- 
 'ineut of my case sibmitto i by the Secretary of fetato, of tho United 
 festatcs, to the British Minister at VVashinirton, until I could o'tain a 
 -countorstatement from my Attorneys employed in Detroit at tho time 
 of the fccizure of my Schooner, to answer W) what was put forward by 
 Geo. V. L. Lathrop, Esquir«\ the Attorney ot J^ester, who seized my 
 Schooner, and upon which tho answer of tho United States Secretary of 
 'State was predicated. It will be nnneces^^ary that 1 should trouble your 
 Excellency by pointing out the main features of niy case, lurthcr than to 
 say, — First, that the Schooner "Mazcppa" belonged to me — that 3ho 
 •had at the time of her ilh gal seizure cost me the sum of two thoustind 
 iwo hundred dollars — that 1 owed said Lester the sum of eight hundred 
 dollars on the purchase of said Schooner, which, however, did notcomo 
 due until the duly after the seizure — that ho had no lienor claim on 
 said Schooner for such amount, though yonr Petitionc had oft-n be 
 fore offered hi »n security on said Schooner if he desired it, consequ'- ntly 
 that he had no claim at law or in equity m any country to seize said 
 Schooner. Secondly,! deny that she was seized under color of a writ 
 of Replevin, and cati provethat such was not the case — but even if s-ho 
 were so seized, the proceedings on said writ in the State of Mchigan on 
 Sunday would, as my Attornies say in their letter, bk iiiiiOAL. Does 
 not your Excellency perceive that if a regular Sheriil 's officer had seized 
 the vessel, that she could not afterwards have been seized for a violation 
 of the.Bevenue Laws ? All the evidence goes to shew that tn'stor had 
 
10 
 
 C0RRB8P0NDENCB. 
 
 1 
 
 ' FULL CONTROL OVER HER, Ordering hof to be morod and unloaded, 8tb, 
 on her bo n^' bron«?ht to his dock. The writ of Roplcvin, if it was wot 
 an after coiKsitioration.'wiisut all cJ^x;nf8 nbt abted upon in tbo seizure. 
 Your Excolleiicy will poreeivo tl»at not only the five affidavits sent 
 
 ' hcrowiih. (»f John Uiuee, Michael iStory, Lewis Arnold, Uotiert Duff, 
 and Diiiiel McInt(»^h, Capt liii uiid crew i f the Schooner at the time of 
 her seizure, c'oarly s!«ew ihat said Schooner wa« clearly and unmistaka- 
 bly ill iJriiish waters wlien so seized, but that the same was testified to 
 in iho Detroit Court of Justiee in the defences put in by the owners of 
 the Tobacco and Staves, and was not attempted to be contradicted. 
 Messrs. Willcox and Gray say "we have never heard o» xat swOBK 
 
 TESTIMONY TO CONTRADICT IT. 
 
 Your Excellency will perceive that I deny, let., That anything was 
 duo Lester by roe at the tinio of the seizure, much loss that he had then, 
 or ev<!r had. or since the insurance was assured by him/ought to have had 
 any lion, Mortgage, or claim on the vessel "Julia Smith" or Mazeppa. 
 "2M. Tliat independent of my denial, the seizure could not be made, if at 
 all, ON A i^UNDAY. 3rd. That it could not be made in British Waters. 
 
 i may say in passing that had he any lien,- Mortgage, or claim on said 
 vessel, a writ of Replevin could have been issued in this Province to 
 -have Jield the Schooner on bis behalf, as well as elsewhere, but Lester 
 dare not bring such a claim in any Court, knowing that 'it would not 
 stand investigution. It is my beliof, and 1 think it will be tho belief of 
 -«ll who know the particulars of tho outrage, that tho Custom House 
 .'tiijii:Uro was a connived plan to avoid legal investigation, and to rob mo. 
 
 In refoi ence to the Judgment obtained agamst me by the consignors of 
 the Tobacco and Staves, I appen<l the certificate of tho Deputy Ulerk of 
 the C'rown. They sued me for these amounts, over and above what they 
 ^'received' for. their squandered property, from the Michigan Courts. I 
 confidently tpustthat Her Majesty's Minister at Washhigton r^ay obtaiu 
 froai the United States Government, a Court or Commission of enquiry, 
 4){ such a nature as to enablu me to bring my witnesses before it, and 
 put I he case of Mr. Miller and Mr. Lathrop, Lester's Attorney, laid 
 before Mr. Secretary Cass, to total shame. 
 . Sliouid Your Excellency 4Jee«i it advisable, I could probably obtani 
 a Conmrttleo of tlio rrovinciiii Legislative Assembly to investigate my 
 case — take the evidence I can oflcr, and get a lieport upon it ; but I stiil 
 hope tho United States Government wiil, on receiving this still further 
 testimony of the gross outrage perpetrated upon me under the British 
 Flag, and in British waters, by wiiioh my ruin has been accoinplished, 
 enable me to at least meet Messrs.' Miller and Lathrop, my slanderers, ip 
 a Court of Enquiry of its own choosing ; I have no doubt, I could then 
 reiterate and substantiate the history of my wroDgs, so as- to wtitlome 
 to a fill I indemnification for the same. ; j.,;,. .„,'| .,.,(,, ..i 
 
 I have the honor to be 
 
 ;,.... • , ,• Your Excellency's , ,j 
 
 • , i . ." . , : .-, Obedient humble Servant, ; .> 
 
 f. ; > :..--- ... (Signed,) JAMES REEtll. ' 
 
 ■!iJ- 
 
 '*'}''. 
 
 ■fit *f^>(!'. 
 ritiil I' 
 
 '■jr. 
 
 bu 
 
 Copy of a letter from Messrs. -Wilcox and iarray, Counsellors ©f 
 Detroit, the Attornies of James Reeve, in feply to the statements of 
 Mr. Laihrop, Lester's Counsel., .,. , , ,. ,.,,,_. .. . .^ ^u <o 
 
 Capt, «) 
 
 I pondoncOj 
 ; Schooner 
 I authorities 
 I We hav 
 ; Messrs. M 
 ' and we nc 
 - and seized 
 The ctirj 
 . owned by 
 \ Mr. Lat 
 I demned, bi 
 I the forfeit! 
 I of the vess 
 
 of.jthe Sta 
 The witi 
 
 the cargo, ; 
 
 Arnold, tw 
 
 oessepywaa 
 
 0Q« port, 
 
 Detrpitan ^ 
 
 J Al^Oed in i 
 
 \ ^as detaiD( 
 
 deponent ui 
 
 after which 
 
 the Staves 
 
 ter's dock, 1 
 
 toms of sai 
 
 was thus ta 
 
 ICrew, with 
 
 [Sworn befoi 
 this 7 
 
 PROVJJN 
 
 Count 
 
 Persoi 
 
 ^%jesty's Ji 
 
 mold, Rob 
 
 iit they ha 
 
 )f thener 'J 
 
 ^HBEB tit 
 
 5CH00NK 
 
CORRBSrOKDKNCR. 
 
 II 
 
 itoaded, &^ 
 it was irdt 
 Lbo seizure, 
 ^davits sent 
 tol^rt Duff, 
 ; thti time of 
 I unmtstjika- 
 testified tb 
 le owners of 
 
 NTRADICTED. 
 ASt SWORST 
 
 iythir)g was 
 he had then, 
 > to have had 
 >r Mazeppa. 
 ) mafle, if at 
 [su Waters. 
 Jaim on said 
 Province to 
 but Lester 
 would not 
 the belief of 
 itom House 
 1 to rob mo. 
 ionsignors of 
 ijty Clerk of 
 e what they 
 Cuur^ I 
 Tiiay obtain 
 i of enquiry, 
 ifore it, and 
 ttoniey, laid 
 
 )ably obtam 
 estigate my 
 ; but I stiil 
 still further 
 ' the British 
 complishcd, 
 [anderors. ip 
 could then 
 \o ^titleme 
 
 fjii'i'jf', i/r. a 
 
 REEVE. 
 
 aoseUors ef 
 
 atementsof 
 
 • ,i • .'lii 
 
 i 
 
 Detroit, December 14th, 1857, 
 Caft. Jahes Reetb. 
 
 Dear Sib, — Wo herewith send you the papers, corres- 
 
 gondcncej &Cv whivh you left, with us. in reference to the seizure of the 
 chooner ,"Julia Smith" aftOrwaids ealled the ''MVzeppu" by the U. 8. 
 authorities in 1854. 
 
 We have carefully examined the enclosed correspondence, (i . e., of 
 Messrs. Miller &:X<athrop.Xand the proceedings in the case referred to, 
 and we now give you ithe factw. The Schooiur and lur cargo were libelled 
 and seized by theU. S. offici'rs lor a Itrcch of the Revenue Laws. 
 
 The cjirgp^onsistod of Tobacco owned by Mr. Jackson, and Staves 
 owned by Air. Waters. 
 
 Mr. Lathrop for Mr. Lester defended for the Schooner — she was con- 
 demned, but subsequently, on application to the Treasury Department, 
 the forfeiture was remitted. Wu paid no attention whatever to the case 
 of the vessel . But in reference to the cargo we defended for the owners 
 of.jthe Staves and Tobacco, and had the lil>el disioissed . 
 
 The witnesses we examined were yourself to prove the ownership of 
 the cargo, and John Bruce, (the Master.) and D. M&lutosh, and Lewla 
 Arnold, two of the crow of tho "^"s;!^'"" 
 
 Tl»? substance Q^^"'''^!t^*^?r^^ Plf""' ^"1 ^V'^ ^^Hstiiamed wit- 
 
 nensep, was IhaJt '-^ ^?J ^^! ^'''^^^ ®^^^^^' ^*^?' ^^"^ ^^•^, ^e^^e'- **-' from 
 omTnnrr r'Tossession ot by force, by an armed gang, who came on aS 
 
 n * "; T ^t^ampr 'United," and was immediaiely towed down into the 
 VfvXj " Channel, West of said Peach Island, to Detroit. That the vessel 
 AMied in said Detroit about six o'clock, on said Sunday evening. That she 
 ^as detained at Letter's dock until the next morning, when Lester, as this 
 (ieponent understood, ordered the Tobacco to be discharged at his said Dock : 
 alter which said Vessel was towed up to another dock some mile away, where 
 the Staves were discharged ; That said vessel wsls then brought back to Les- 
 ter's dock, having been, seized as Deponent believes by the officers of the Cus- 
 toms ol said Detroit, for a violation of the Revenue Laws ; That said vessel 
 was thus taken from the possession of this Deponent, the Captain, and the. 
 Crew, without form of law, and against the will ot all parties on board. 
 
 (Signed,) 
 
 Sworn before me at Chatham, in the County of Kent C W 
 this 7th day of January, 1858. » ■ »v . 
 
 ■ 
 
 MICHAEL STORY. 
 
 WM. BENJAMIN WELLS, 
 
 J. P. and Chairman a. S. 
 
 County of Kent, C. W. 
 
 , PROVINCE OP CANADA. \ 
 
 ^ County OF Kent.— To Wit: J ' 
 
 f__ Personally appeared before me, William Benjamin Wells one of Her 
 f%jesty's Justices of the Peace for the County of Kent aforesall r pwI 
 
 Mtthey have heard the withm affidavit of Michael Stoi^y, late Mate of thJ 
 frr^^'j ;^"^'^ Smith' orJ'Mazeppa" ; that they were Safl'ors onSd uSh 
 rHREB time la nis affidavit mentioned ; that knowing as they do that the line 
 ICHOONFada and the United States is halfway between Peach Is and in 
 ''ATKRa'\jn«n"oned and the State of Michigan, the vessel "Mazeppa," 
 . . . • H by lorce and violence by an armed gang from the United States,' 
 
13i 
 
 AK/'Tl>AVir8.' :o) 
 
 livrlrscominuniwtion yott mil pojroive wo Ikvo confiijod onrHulvi's 
 to a (ii V stuioniont of t'le Tacts wbich we know t<» I'.ive beon swnrn l«v hy 
 witrh'S«08. Jt woulil I'f liSf'lcss for us to p;iVo o.n \>Q]ki' or iinnreshion'? 
 on Iho hisfcry of tli«?i;isf>, fin<l th§ tratisac'tions I>otwoen yoii an"») Lester 
 U8 detailed by yourscU: The respective ri;j}i»s of yourself and Lest or 
 were not, and could not be determined in tbo Admiralty casC. If wo 
 went into this matter we could only state what wo bare been told • by 
 )ou and others — not anythinjr that we know.' •' -i' - >^ ttjIuX- .';•<• .r 
 
 If it is in our power to furiaish you any further inTormatioo, we will 
 cheerfully do so on blaring from you. ,, 
 
 Yours ReFpectfullv, ■ ■' -^ -i^'^ -u-. .,•:!! 
 
 UIIXOX & GKft.. 
 AFFIDAVIT OF CAPT. OF «GH00x\Ell AS TO SElZURiiJ 
 
 I'j.^ 
 
 r 
 
 ;/ l-i 
 
 PROVINCE OP CANADA. 
 To Wit— City op Montrkal. 
 
 in ';' i^-J 
 
 tiv/;.i i'-U, 
 
 mu X lu' _ 
 
 - cuuiu have been 
 Who deposetj^^oiier on his behalf, as well 
 
 j>>\i 
 
 . I 
 
 Affidavi 
 oulra 
 
 t'ROVir 
 
 COUN' 
 
 Benjamii 
 of theau 
 chad Sloi 
 seth and 
 hundred 
 ner) 'Juli 
 first Matt 
 first trip t 
 Chatham 
 lading be 
 
 t 
 
 m Brucb of the Town of Chatham, in. that ^^ri of 
 the Province of Canada, khown as tjnpcr Canada. 
 
 as else .wear of OtirLofd 
 
 o^^SAot bring such a claim in any Court, knowing thaf HK>d by James 
 Btand investigation. It is my belief, and 1 think it will be the Jlon sa^d 
 -«ll who know the particulars of the outrage, that tho Custom 1 sailed 
 'fiijkiiro was a connived plan to avoid legal investigation, and to rob iflfay 
 In rofeieiice to the Judgment obtained agamst me by the consignors of 
 the Tobacco and Staves, I append the certificate of the Deputy Clerk of 
 the ('rown. They sued me for these amounts, over and above what they 
 'received fordjeir squandered property, from the Midiigan Courts. -I 
 confidently tpust'that Her Majesty's Minister at Washington may obtain 
 from the United States Government, a Court or Commi!>sion of enquiry, 
 'Of such a nature as to enable me to bring my witnesses before it, and 
 put the ca&e of Mr. Miller and Mr. Lathrop, Lester's Attorney, Uiid 
 before Mr. Secretary Cass, to total shame. 
 
 Sliouid Your Excellency <lee«» it advisable, I could probably obtaim 
 a Conintttleo of tho ProvinciUi Legislative Assembly to investigate my 
 ^•asc — take the evidence I can ofler, and get a lieport upon it ; but I stiii 
 hope the United States Government will, on receiving this still further 
 testimony of the gross outrage perpetrated upon me under the British 
 Flag, una in British waters, by wJhioh my ruin has been accomplished, 
 enable me to at least meet Alessrs. Miller and Lathrop, my slanderers, i^ 
 a Court of Enquiry of its own choosing ; I have no doubt, I could then 
 reiterate and substantiate the history of my wrongs, so as- to ^titleme 
 to a full indemnification for the same. 
 
 I have the honor to be 
 
 ' J, , , Your Excellency's 
 
 ♦ .,.,,... . ' :, Obedient humble Servant, 
 
 ,' , M -. ^. . . (Signed,) JAMES REEVK. 
 
 said seeon 
 ing. the see 
 of bet wee; 
 East of P 
 trance of 
 the line, be 
 ded and ta 
 American 
 American 
 arrived in 
 was detail 
 deponent u 
 alter whicJ 
 the Staves 
 ter's dock, 
 toms of sa 
 was thus ti 
 Crew, witl 
 
 Sworn befo 
 this' 
 
 
 bi^ 
 
 ?.u 
 
 II 
 
 PROVJI 
 
 COUN' 
 
 ," Copy of a letter from Messrs. "Wilcox and iSray, CouoseUw^r:;! y 
 
 Detroit, the Attornies of James Reeve, in reply to the stateK^ J^^^'.' • 
 
 Mr. Lalhrop, Lester's Counsel. , . , , 'ts - v 
 
 Hap. 77. 
 
 Pers( 
 
 iMpjesty's J 
 VInold, Rol 
 Ihat they h 
 Schooner K 
 him at the ti 
 between Ca 
 said affidav 
 when seize( 
 
AH'iDAvna. 
 
 13 
 
 swnrn lo- by 
 r iiriDreshions 
 I an«l Lester 
 r and Lestor 
 case. If wo 
 b(?oi) told • hy 
 
 itioo, we W\\\ 
 
 & 
 
 iElZUREr- \ 
 
 . tliat^i^rt of 
 r Canada. 
 
 of OUr Lord 
 >d by James 
 ho Jlon ss^d 
 torn 1 Bailed 
 to rob iflfay 
 onsignors of , 
 ity Clerk of ' 
 what they 
 Cuufts. -1 
 may obtain 
 of enquiry, 
 fore it, and 
 toriiey, laid 
 
 ably obtawi 
 stigate my 
 
 but I stiil 
 till further 
 the British 
 omplished, 
 mderers. i§i 
 ould then 
 
 entitlome 
 
 Affidavits of ihu Male and Crow of the Sciiooner iu reference to the 
 
 outrage. 
 
 tMlOVlNOE 
 
 OoUNTy OF 
 
 OF CANADA, } 
 it:} 
 
 Kent.— To Wi 
 
 Peisonally appeaif i bLl'ore me, William 
 Benjamin Wells, one of Her Majesty's Justices of the Peace, and Chairman 
 of theCluarter Sessions, in and for the County of Keni , Canada West, Mi- 
 chael Story or the Town of Chatham, in said County. Marmer, who depo- 
 seth and saith, that in the Spring of the year of Our Lord, one thousand eight 
 hundred and fifty four, he was employed by James Jleev ', owner of the Schoo- 
 nerj 'Julia Smith,' or "Mazeppa," to sail on said Schooner by the month, as 
 first Mate of said 'Mazeppa.' That he sq sailed in her : that she made the 
 first trip to Montreal in April and May of that year. That she was loaded at 
 Chatham, aforesaid, for the second trip, in the commencement of June, her 
 lading being Staves, Tobacco, and Oats ; that she was bound for Kingston in 
 said second trip ; that she took her departure , from Chatham on Friday even- 
 ing, the second day ot June ; That on the next Sunday afternoon, at the hour 
 of between one and two o'clock, the said vessel being over one half a mile 
 East of Peach Island, said Island being situated in British waters, at the en- 
 trance of Detroit River from Lake St. Clair, and more than a mile East of 
 the line, between Canada and the United States, she, the said vessel, was boar- 
 ded and taken possession of by force, by an armed gang, who came on an 
 American Steamier . 'United," and was immediately towed,down into the 
 American Channel, West of said Peach Island, to Detroit. That the vessel 
 arrived in said Detroit about six o'clock, on said Sunday evening. That she 
 was detained at Letter's dock until the next morning, when Lester, as this 
 deponent understood, ordered the Tobacco to be discharged at his said Dock ; 
 alter which said Vessel was towed up to another dock some mile away, where 
 the Staves were discharged ; That said vessel was then brought back to Les- 
 ter's dock, having been.seized as Depuneni believes by the officers of the Cus- 
 toms of said Detroit, for a violation of the Revenue Laws ; That said vessel 
 was thus taken from the possession of this Deponent, the Captain, and the 
 Crew, without form of law, and against the will ot all parties on board. 
 
 (Signed,) MICHAEL STORY. 
 
 Sworn before me at Chatham, in the County of Kent, C. W. ) 
 
 this 7th day of January, 1858. ' *( , ., 
 
 1 
 
 WM. BENJAMIN WELLS, ' 
 
 J. P. and Chairman Q.. S. 
 
 County of Kent, C. W. 
 
 
 PROVINCE OF CANADA. 
 {a County op Kent. — To Wit 
 
 I 
 
 lEEVE. 
 
 iseUorp i 
 
 ei*< ''^:'- 
 
 *t8 -TP; 
 
 1 
 
 Personally appeared before me, William Benjamin Wells one of Her 
 
 •Mpjesty's Justices of the Peace for the County of Kent aforesaid, Lewis 
 jinold, Robert Duff.artd Drfniel Mcintosh, who severally make oath and say 
 [nat they have heard the within afladavit of Michael Story, late Mate of the 
 Schooner 'Julia Smith' or "Mazeppa" ; that they were Sailors on board with 
 nun ai the time in his affidavit mentioned ; that knowing as they do, that the line 
 between Canada and the United States is halfway between Peach Island in 
 said affidavit mentioned, and the State of Michigan, the vessel "Mazeppa," 
 when seized by force and violence by an armed gang from the United States,' 
 
14 
 
 APFIDAvIrS. 
 
 V 
 
 |! ' 
 
 
 as by him sworn, was without any doubt, in British waters. They I'urther 
 idepos^ to the truth of his affidavit generally. 
 
 LEWIS ARNOLD. 
 
 ROBERT DUFF. 
 
 DANIEL McINTOSB. 
 Sworn before me at Chaiham in the County of) 
 Kent, this 7lh day January, 1858. ) 
 
 - , .: WM. BENJAMIN WELLS, 
 
 J. P. and Chairman, Cl. S., Kervi. 
 
 Angus Falconer of the Township of Zorra in the County of Oxford, 
 and Province of Canada, yeoman, maketh oaih and saith, that on or about 
 the twelfth day of September, in the year of our Lord one thousand eight hun- 
 dred and fifty three, he was present at Detroit, in the State of Michigan, one 
 of the United States of America, when James Reeve of Chatham in the Coun- 
 ty of Kent, and Province of Canada aforesaid, bought a certain vessel called 
 the "Julia Smith" of one Mr. Gillet of Detroit aforesaid, Agent for G. S. 
 Lester of the same place, at or for the price or sum of twenty-five hundred 
 dollars, and that the said James Reeve then paid the said Gillet one thousand 
 (dollars down, in part payment for the said vessel as aforesaid, and that the 
 said Gillet for and on behall'of the said G. S. Lester, then promised and 
 agreed to be responsible for, aiid ensure the said James Reeve against all loss 
 that might happen to the said vessel on a certain voyage she was then to make 
 from Detroit aloresaid to Qswego in the State of New York, one of the Uni- 
 ted States of America, and from thence back to Detroit. And this deponent 
 further saith that he went with the said vessel on her voyage to Oswego, and 
 that on her return to Detroit she ran ashore on Long Point, in Lake Erie, 
 and that he then left her. 
 
 A. FALCONER. 
 Sworn at iDgersoll, in the County of Oxford, this twen- ) 
 
 tieth day of June, A. D. 1856, before me J ■ ' 
 
 CHAS. E. OHADUNK, 
 A Commissioner for taking afiidavits in theClueen's Bench 
 in and for the County of Oxford. 
 
 Affidavit of David Duff, Captain of the Schooner at time of her 
 running ashore on Long Point. ,.; ., 
 
 STATE OF ILLINOIS, ) . 
 
 Cook pouNT\:, U. S. I 
 
 David Duff being dulv sworn deposeth and 
 says that he was present at the time of the sale of the Schooner '-Julia Smith" 
 by George S. Lester to James Reeve, in the City of Detroit, in the State oi^ 
 Michigan, on or about the 12th day of September, A. D., 1853, and that it 
 was agreed by and between the said parties in writing, that Lester should fur- 
 nish said Reeve with a good and valid Bill of Sale, and assign to said Reeve 
 the Policy of Insurance upon said vessel ; but this deponent saith that when 
 the said Reeve called upon, said Lester to carry into effect the said agreement, 
 said Lester was gone from home, and had left his business with one Gillett, 
 as this deponent was informed, and believes; that said Gillett told said Reeve, 
 that he could not assign the Policy to said Reeve, but that said Reeve would 
 have to wait until said Lester came home ; and this deponent further saith 
 that said Reeve then told said Gillet that he would not take the boat and rua 
 the ririk of loosing her, without having the Policy of Insurance, and that said 
 Gillet said that if said Reeve would take the vessel, that said Letter would 
 save said Reeve harmless from all loss that might occur by the loss of said 
 vessel, hnd would takj the responsibility of saving said Reeve from any loss 
 
 that m 
 
 that sa 
 
 throug 
 
 ed this 
 
 scl ihei 
 
 place s 
 
 bushels 
 
 a storn 
 
 and th: 
 
 well, ir 
 
 (he sai( 
 
 the sixj 
 
 Norem 
 
 went to 
 
 assign n 
 
 solutely 
 
 Lester ' 
 
 said agi 
 
 proceed 
 
 of that s 
 
 S,ubscril 
 
 CANAI 
 
 McCrae 
 who beit 
 Detroit, 
 the Fall! 
 about ta 
 take pes 
 short tin 
 hand, Di 
 the Sehc 
 
 Sworn b( 
 
 CANAE 
 
 jesty's J\ 
 
 Town of 
 
 saith, tha 
 
 he shippi 
 
 the Weil 
 
 and on r< 
 
 Ing, in th 
 
 tne strea 
 
 ed there 
 
 ner was h 
 
 House, u 
 
 by the St 
 
 Sworn an 
 
APFIDAT1T9. 
 
 16 
 
 that might occur by reason of the less of sahJ vessel ; and this deponent saith 
 tliat said Heeve then relj'-'ng upon the aforesaid promises of said Lester made 
 through his said Agjnt, Gillet, did take possession of said vessel and appoint- 
 ed this deponent Master thereof, and this deponent lurther saith that said ves- 
 sel ihen proeeeded upqn her voyage to Oswego, from which last mentioned 
 place said vessel cleared for Chatham, in Upper Canada, with two hundred 
 bushels (/f Salt, that when oiF Long Point, Canada, said vessel ran ashore in 
 a storm, without the negligence of this deponent or any one upon said vessel, 
 and that when the said vessel got off from Long Point, she ran into Port Pur- 
 well, in Canada, and took in a load of Lumber consigned to Detroit, and that 
 ihe said vessel proceeded upon her voyage to Detroit, where she arrived on 
 the sixth day of November, A. D. 1853, and laid there until the eight day of 
 November, A. D. 1853, and that while there, this deponent and said Reeve 
 went to said Lester's office for the purpose of getting the Bill of Sale and an 
 assignment of the Policy of Insurance and have the title of said vessel ab 
 solutely in said Reeve according to their first written agreement, and said 
 Lester was absent from home, and no one was there authorized to complete 
 said agreement, and that on the 8th day of November, a. d, 1853, said vessel 
 proceeded to Chatham, and arrived in said last mentioned place the evening 
 of that said dav ; and further this deponent saith not. 
 
 DAVID DUFF. 
 S,ubscribed and Sworn to before me this 12th day of September, a. d. 1855. 
 
 C. D. WOLF, J. P. 
 In presence of Julius H. Nuget, Witness. 
 
 CANADA— CouNTV op Kent : ) Robert Duff of the Town of Chatham, 
 TO WIT : ) labourer, came personally before me, Thos. 
 
 McCrae, Esquire, one of Her Majesty's of the Peace in and for said County, 
 who being duly sworn, deposeth and saith that he was present in the City of 
 Detroit, State of Michigan, United States of America, in the early part of 
 the Fall of 1853 ; James Reeve and Mr. Gillet of Detroit had some dispute 
 about taking possession of the Schooner "Julia Smith" — Reeve refused to 
 take possession of the Schooner without getting the Insurance papers. A 
 short time after deponent went on board the said Schooner as Seaman or deck 
 hand, David Dufif being Master ; understood that Capt. Duff had charge of 
 the Schooner for Mr. Reeve. 
 
 ROBERT DUFF. 
 Sworn before meat Chatham theS^thday of January, 185u, 
 
 , , , . , ' THOS. McORAE, J. P., 0. K. 
 
 CANADA — CouNTT op Kent, ) Personally camo beforo me, Them- 
 TO WIT : I as McCrae, Esquire, one of Her Ma- 
 
 jesty's Justices of the Peace in and for said County, John Bruce of the 
 Town of Chatham in said County, who being duly sworn, deposeth and 
 saith, that some time in the month of September, (about the 18th) 1853, 
 he shipped as Mate on board the Schooner "Julia Smith" then lying in 
 the Welland Canal ; went from thence to Oswego, State of New York, 
 and on return voyage arrived at the Port of Detroit on a Sunday even» 
 |n^, in the latter part of October following, came to a short distance in 
 tne stream from the Upper end of the Custom House Dock, and remain- 
 ed there until Tuesday morning about six o'clock, when the said Schc^o- 
 ner was hauled in and remained at the dock next above the Custom 
 House, until ten or eleven o'clock, when the Schooner was taken in tow 
 by the Steamer Brothers and brought to Chatham' 
 
 JOHN BRUCE. 
 Sworn and Subscribed before me at Chatham, the llth August, 1855. 
 
 THOS. McCRAE, J. ?., C. K. 
 
 . I 
 
16 
 
 AFKIDAVITP. 
 
 PROVINCE OF CANADA. ) Personally camo before me Tlios. 
 County of Kent — To Wit : ^ McCrae. Esquire, one of Her Ma- 
 jesty's Justices assigned to keep the Peace within the said County » 
 Charles Smith of the Town of Chatham, in said County— who bein*;' (Ju- 
 ly sworn deposeth and saith that on the eighth day of November in the 
 year of our Lord 1864, he, this deponent was in the City of Detroit, 
 United States of America, whero he saw and conversed with Myers 
 Teviage, one of the hands belong to the Schooner "Julia Smith,"' who 
 informed him, this deponent, that the said Schooner was thou lying at a 
 wharf in the Port of Detroit, near the Custom House, that the Cnptaiu 
 and Mr. Reeve were in Town trying to settle some trouble about the 
 vessel, that deponent then went on board the said Schooner ly iiig at the 
 T^harf as aforesaid, and took breakfast ; that while there, the Captain and 
 Mr. Reeve came on board ; deponent remained on board for a couple 
 of hours— 'the said Schooner was laden with lumber. 
 
 CHARLES SMITH, Deputy Sherifi^ 
 
 ' Sworn before me at Chatham, in said County, this 26th day of 
 January, 1856. 
 
 THOS. MoORAE. J. P., C. K. 
 
 ■.ird 
 
 f. 
 
 RECAPITULATION 
 
 Ist. The vessel "Julia Smith" was purchased by James Reeve of 6. 
 
 S. Lester, about l2th September, 1853, for $2,500— $1,000 being paid 
 
 down — the balance to be paid, $500 on the 1st December following, 
 
 and $1000 on Ist July 1854* That she was at that time fully taken pos- 
 
 B^ion of by James Reeve. That the Insurance papers, being in Les- 
 
 tet^s name, he insured said vessel for the following voyage, during which 
 she was wrecked. That James Reeve went and got her off, agreeable to 
 instructions printed with James Reeve's statement first given, from Les- 
 ter to him, at a cost of about $800— three hundred dollars more than the 
 payment which would have been due from Reeve to Lester in December 
 nad this money not been' expended at Lester's request, and to his use, he 
 having the Insurance papers, upon which he received a part, say $250. 
 
 2nd. That the vessel was often in Detroit afterwards, subject to sei- 
 zure by Lester had he had any claim of right ^to do so. , ;^. , ,, 
 
 3rd That Lester became Bankrupt the^next season, and being about 
 to escape to the far West, whither he did flee after this outrage, he made 
 the piratical invasion of the Province, and the illegal seizure, with the 
 intention of robbing James Reeve of the $1000 Cash paid at the bar^ 
 gam, and $800 expended in repairs after the wreck. . * yv . .; t lai jiu m. 
 
 4th. That all the subsequent proceedings were initiated to coter the 
 outraet. 
 
 (Hli m^ a^V.ii'>fi 'l\^ 'AX\)k\\'. 
 
 i! f_t. 
 
 >IJ 
 
 Much other important evidence can be brought forward, should an op- 
 portunity be afforded, the present being adduced merely to make out a 
 ^xoLK FAoiE case for James Reeve, shewing that he has suffered a 
 GBEAT wBONo Calling loudlv for redross. 
 
 Chatham, Canada West, 28th October, 1858. 
 
<t mc Tlio?!. 
 f Mer Ma- 
 d County , 
 beini>' du- 
 ber in the 
 of Detroit, 
 (viih Myers 
 mitli,"' who 
 I lyiii^ at a 
 he Captain 
 ) about the 
 ying at the 
 JaptAin and 
 Dr a couple 
 
 f Sherif 
 26th day of 
 
 C. K. 
 
 ■■U\'<^ 
 
 ieeve of G. 
 
 being paid 
 
 ', following^ 
 
 r taken pos- 
 
 ng in Les- 
 
 iring which 
 igreeable to 
 ,from Les- 
 >re than the 
 [1 December 
 his use, he 
 t, say $250. 
 
 bjectto sei- 
 
 3eing about 
 ge, he made 
 re, with the 
 1 nt the bar^ 
 
 [) cot^r the 
 
 lould an op- 
 make out A 
 3 suffered a 
 
 /