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sidered much more, nearer three quarters of a mile then run out by his log to where he found the dingy and called the distance two miles by log. I heard him say what was the distance run by log. It was plainly evident to me and to all hands that the dingy had drifted in shore some distance from where it had first been placed to locate our situation when first spoken, and it was plainly apparent to all that its anchorage was considered insufficient by having a boy with oars out on board of the boat, the tide setting in shore so swiftly. The distance from shore to dingy as announced by the Captain of the Cutter was half a mile estimated from Cutter to shore when log was dropped, and two miles measured by log-which we believe to have been over three miles to where the dingy was first left.
FREEMAN W. KENT.
Also appeared Albert Cross, Albert Bullerwell, William Barker, Frank Dickson, Herbert Wright, all of Eastport in the State of Maine and Charles Enos of Gloucester crew of said Schooner Argonaut on board of the Seine boat of said Schooner when taken by Canadian Cutter Critic have had the above statement made by Freeman W. Kent read to us, and we on oath, depose and say, that the material facts by him stated are true.
COMMONWEALTH OF MASSACHUSETTS, Essex, ss:
Subscribed and sworn to by Freeman W. Kent. Albert Cross, Albert Bullerwell, Frank Dickson, William Barker,
Memorial of James G. Tarr & Bro.
This memorial respectfully represents, that on the 12th day of July last, the Schooner Argonaut, owned by the undersigned, sailed from the Port of Gloucester, Mass., on a voyage to the Gulf of St. Lawrence, after mackerel, that Capt. Benj. F. Sprague Master of said Schooner was instructed by us to comply strictly with the terms of Treaty and Canadian Customs regulations, that on the 20th day of July last she passed through the Straits of Canso, and on the 24th day of July following cast her seine around a school of mackerel four and a half miles and perhaps a greater distance from the nearest shore of Prince Edward Island, in the Gulf of St. Lawrence. That after casting said seine a difficulty ensued in pursing it up, by which nearly an hour's time was exhausted before the fish were actually secured within the seine, that during the unusual delay the tide had swept the seine and fish nearer to the shore, perceiving this, and desiring to avoid any complications with the authorities the Captain of the Schooner ordered the fish to be released and the seine taken into the boat, while doing this, the boat and seine together with the crew were captured by the Canadian Cutter Critic and held for a violation of the provisions of the Treaty of 1818. That we understand that our said Schooner was declared liable for seizure for said alleged violation of the Treaty and that she is liable to be seized and detained should she hereafter enter a Canadian port.
The capture of the boat and crew not only broke up the voyage of said Schooner but destroyed all means of her obtaining a fare of fish and she was obliged to return home without it. Argonaut was not within three miles of shore
the Dominion of Canada, but on the contrary abandoned the fish taken outside of said three mile limit when it became apparent by the inevitable action of the tide that a possible infringement might occur. We therefore hold, that the capture of our boat and seine of said Schooner with a portion of her crew by the Canadian Cutter Critic, is unwarranted by the terms of the Treaty of 1818, and claim from the British Government as indemnity for the loss and damage to the voyage, vessel and crew, the sum of six thousand dollars, and submit herewith accompanying documents as evidence in the case and most respectfully ask the protection of the Government of the United States.
Dated at Gloucester, Mass., this 12th day of August, 1887, by us co-partners under the firm name of James G. Tarr & Bro. there.
JAMES G. TARR.
COMMONWEALTH OF MASSACHUSETTS, Essex, ss:
Subscribed and sworn to by James G. Tarr and David Tarr this 12th day of August A. D. 1887, before me,
DAVID W. LOWE,
Affidavit of John Chisholm, Owner Schooner Col. Jonas H.
I, John Chisholm, of Gloucester, in the County of Essex, and Commonwealth of Massachusetts, being duly sworn, on oath depose and say as follows:-
Gloucester, Mass., and duly licensed for the fisheries for one year from March 28, 1887, as appears by the certificate of the Deputy Collector of said Gloucester hereunto annexed marked A.1
I am a naturalized American citizen. I was born at Cape Breton, Nova Scotia, and was naturalized by the United States District Court in Boston, April 20, 1869, as appears by certified copy of the record thereof hereunto annexed marked B. I have been actively engaged in the fisheries in Gloucester since 1866.
In July in the year 1887 the said schooner sailed from the port of Gloucester on a voyage to the Gulf of Saint Lawrence after mackerel under the command of William F. Harris, of said Gloucester, as master. I gave positive instructions to the master of said schooner and crew to comply strictly with the terms of the Treaty and the customs regulations of Canada.
On the morning of the 24th day of July, A. D. 1887, the said schooner cast her seine around a school of mackerel over four miles distant from the shore of Prince Edward Island, in the Gulf of St. Lawrence, that being the nearest land, said schooner being at the time off East Point, so called. At said time and place, there was a fleet of fifty or more American seining schooners, and I myself was there in the Schooner Harry G. French, an American fishing schooner of said Gloucester, as owner and master. Just after the said Schooner Col. Jonas II. French had set her seine around the school of mackerel, I passed by in my seine boat and spoke to Capt. Harris. I am positive that the boat and seine of the Schooner Col. Jonas II. French were at least four miles off shore. The Canadian Cutter Critic was plainly seen by us about two or three miles off. After Capt. Harris had surrounded the school, I advised him to leave and go for another school with his other seine, which he did,
leaving two men in charge of his boat and seine and the mackerel therein.
I am informed and believe, and therefore aver, that within thirty minutes after Captain Harris had left his boat, seine and two men, they were seized by the Canadian Cutter Critic under the claim that the boat and seine had been carried by the tide within the three-mile limit, and they were therefore subject to seizure, being in violation of the Treaty of 1818. The weather on said date was clear, the wind light, and the tide strong, but at the time when I last saw said seine boat and seine before seizure, they were at least four miles from the nearest shore. I believe it it to be absolutely impossible under the conditions existing et that time that they could have drifted within the threemile limit in one-half hour or in double that time.
I am informed and believe, and therefore aver, that Captain Harris, on returning on board his Schooner Col. Jonas H. French, endeavored to find his boat and seine, but the wind being very moderate and there being some sixty or more sail in the immediate vicinity with their boats out, it was some time before he ascertained the fact that his boat. seine and men had been captured or seized. Being without the means of taking a fare of fish, his best boat and largest seine having been seized, .Captain Harris was obliged to abandon his voyage and return home.
I am further informed and believe, and therefore aver, that said boat, seines and men were not within the threemile limit at the time of seizure; that immediately after the seizure, the Captain of the Cutter endeavored to mark the spot by throwing over a piece of timber as a buoy, which was immediately run under by the strength of the tide; that thereafter he attempted to mark the spot by putting over a small boat or dingy anchored by a ten-pound dipsey lead,
which proved insufficient to withstand the strength of the