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ing; that no attempt was made by the Captain of the Critic to measure the distance by taking bearings or by any other method until three hours afterward, he spending the intervening time in endeavoring to free the seine of the Schooner Argonaut, which was seized at the same time with the seizure of the seine of the Schooner Col. Jonas H. French. At the end of three hours, I am informed and therefore aver, the Captain of the Critic stood in shore to a point which he estimated or supposed to be about one-half mile distant from the land, and then without taking any measures to verify his estimate, stood about and run straight for his dingy or buoy. He threw over a taffrail log with which to measure the distance, and upon reaching the dingy declared the distance shown by the log to be two miles. I have had long experience of sixty years in the fisheries, have sailed myself as master mariner out of Gloucester for a period of forty years, am familiar with the workings of logs, under all conditions and in all weathers, and know of my own knowledge that it is impossible for a taffrail log under such a light wind as prevailed on the day in question, to register distance with any degree of accuracy. Furthermore, I know of my own knowledge that it would be impossible for a small boat held only by a lead of ten pounds weight in such a tide as was running on the day in question to keep from drifting a substantial distance during a period of three hours.

I therefore claim that said seine and said boat were more than three miles distant from land at time of seizure.

And I further say, as evidence of the arbitrary, oppressive, and lawless attitude of the said Captain of the Canadian Cutter Critic, that I myself, on said day immediately after Capt. Harris had set his seine, rowed along in my seine boat and met Captain Parris, of the American fishing Schooner B. F. Butler. We found mackerel, but before

Canadian Cutter, to avoid all possibility of trouble, and inquired if we would be molested if we set our seines. The Captain sent back the reply: "Don't set." Other American fishing vessels within a few yards of us and on the same line from the shore did set, and took their mackerel aboard without any hindrance or interference whatsoever from the Cutter. Had an American armed vessel been near us we would have set our seines, as we both knew positively that we were outside the three-mile limit.

Further, I am informed and believe, and therefore aver, that immediately after the said Schooner Col. Jonas H. French abandoned her voyage, put out to sea and sailed for Gloucester, measures were taken by the Canadian authorities to seize said schooner. A Canadian Collector of Customs telegraphed the collectors of the various Canadian ports along the Straits of Canso to seize the Schooners French and Argonaut should they pass through. The Canadian steam cruiser Arcadia was immediately ordered to sea from Halifax, and made a circuit of Cape Breton Island searching for the escaped schooners. Later, Mr. Foster, Minister of Marine and Fisheries, gave public notice through the press, and informed W. H. Phelan, Consul General of the United States at Halifax, N. S., that Canada had the undoubted right to capture the Schooners French and Argonaut anywhere on the high seas, as they had committed a forfeitable offense.

And further I am informed and believe, and therefore aver, as evidence of the harsh, oppressive, and lawless attitude of the Canadian authorities at said time, that the fourteen men taken from the boat of the said Argonaut and the said French were landed at Souris by the said Canadian Cutter in an almost nude condition. They were threatened, while on board the Canadian Cutter Critic, with imprison

Canadian Collector of Customs, Michael J. Foley, refused permission to the said Consular Agent to put the men on board other fishing vessels bound for the United States. They were cared for at the public expense, and finally transported to Boston by Steamship Worcester.

And I further depose and say that in consequence of said threats of seizure by the said authorities, and their lawless attitude in connection with said matter, it became impracticable at any time thereafter, during the life of said schooner (said schooner being lost at sea in 1894), to send her upon fishing voyages anywhere in the neighborhood of Canadian waters, not only because of the fear of seizure on the high seas, and the consequent loss, but also because in case of storm or accident it would be impossible for said vessel to make port for repairs or shelter without placing herself within the jurisdiction of Canada, a Power which was prepared to seize her and had made public announcement of its intention so to do.

And I further depose and say that on August 12, 1887, I filed with the Department of State at Washington, D. C., a memorial protesting against the action of the Canadian authorities. and filing therewith affidavits in support thereof. On September 19, 1887, proceedings were begun in the Vice Admiralty Court of Prince Edward Island for the forfeiture of the boat and seine of said schooner. Later, I caused to be filed through the Consul General of the United States an appearance in said Court protesting against said proceedings, together with depositions of the master and crew in support of said protest. Later, in my behalf, request was made through the Consul General of the United States at Halifax for the dismissal of said case, and said request was refused.

On the 5th day of March, A. D. 1888, it was determined by the Court that no appearance had been filed for the respondents, and the case was set down for hearing on the 6th

dered by the Court that the said boat and seine be condemned as forfeited to Her Majesty for violation of the Treaty of 1818. On the 16th day of May, 1888, it was ordered by the Court that the boat and seine be sold, and on the 28th day of June, 1888, said boat and seine were sold by the marshal. And I further say that on April 13, April 14, April 24, and May 2, all in the year 1888, I received from the Deputy Minister of Fisheries of Canada letters in which it was stipulated that the Minister of Marine and Fisheries of Canada would agree that the judgment already obtained against said boat and its seine would be re-opened upon the filing by me, as owner of said schooner, of a bond for securing costs. At this time, however, nearly twelve months after the event, it became evident upon investigation that my witnesses to the seizure who had signed affidavits were scattered and at sea, which made it impossible to obtain promptly the evidence which was obtained during the fall and winter.

Furthermore, it appeared probable that the condition of the boat and seine, owing to the long delay and their storage under such conditions as would necessarily injure market value, was such as not to warrant the expense involved in filing the necessary bond for costs.

Furthermore, even if the bond for costs had been filed, the case re-opened, and the boat and seine been restored by order of the Court to me as owner, nevertheless the more serious and important part of the loss, namely the breaking up of the voyage of said schooner and the loss of her season's work, would still have been unprovided for. For these reasons it seemed best not to file the bond suggested by the said Minister of Fisheries, but to allow the whole matter to remain to be adjusted under our protest filed with the Department of State at Washington.

of said boat and said seine of said schooner French on the 28th day of June, 1888, I myself travelled to the place of sale and attended said auction, and made a bid at said auction sale, and thereupon was informed by the marshal or the party who was conducting said sale, that no bid from me, the owner thereof, would be considered or received.

I claim that the loss to said schooner Col. Jonas H. French, including all the direct and consequential damages which resulted from this unwarranted seizure of her boat, seine and men, from the breaking up of her voyage, and the loss of her probable fare of mackerel, from the loss of the entire season's stock, and from the vessel's exclusion from the fishing grounds near Canadian waters during the year 1887 and subsequent years due to unwarranted threats of seizure, is as follows:-

First, the fair market value of the property actually seized is $1,555.75, made up as follows:


Seine boat

Stern roll lock.

9 roll locks.

10 oars
Purse davy

6 purse blocks.

6 purse weights.










Second, the loss to the vessel's stock, resulting from breaking up this particular voyage, I estimate to be at least $6,500.


Third, the loss to the vessel's stock during the balance of the mackerel season for the year 1887 I estimate to be $14.000 additional, making a total loss for the year of

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