1st Session. No. 120. FISHERIES. MESSAGE FROM THE PRESIDENT OF THE UNITED STATES, TRANSMITTING A report from the Secretary of State and accompanying documents, in reference to the Fisheries on the British North American coasts. AUGUST 10, 1852. Referred to the Committee on Foreign Affairs and ordered to be printed. To the House of Representatives of the United States: I transmit a report from the acting Secretary of State, and the documents by which it was accompanied, in answer to a resolution of the House of Representatives of the 22d ultimo, on the subject of the fisheries; and state, for the information of that House, that the United States steam frigate Mississippi has been despatched to the fishing grounds on the coasts of the British possessions in North America, for the purpose of protecting the rights of American fishermen under the convention between the United States and Great Britain of the 20th of October, 1818. WASHINGTON, August 9, 1852. MILLARD FILLMORE. DEPARTMENT OF STATE, Washington, August 9, 1852. The acting Secretary of State, to whom has been referred the resolution of the House of Representatives of the 22d ultimo, requesting the President to communicate to that House, so far as may, in his opinion, be consistent with the public interest, "all the information in his possession relative to the right of fishing vessels of the United States to take fish within three miles of the coasts of the British North American colonies, according to the uniform practice under the convention of eighteen hundred and eighteen; and as to any orders issued, or cruisers despatched or fitting out by the government of Great Britain, or by either of said provinces, for the purpose of interrupting said fishery; and also what if any, have been taken by the authority of the United States Leasures, to protect such right of fishery," has the honor to lay before the President the accompanying copy of papers, which, with those communicated to the House of Representatives on the 10th of April, 1840, embrace all the information possessed by this department on the subject of the said resolu tion. Respectfully submitted, To the PRESIDENT OF THE UNITED STATES. W. HUNTER, LIST OF ACCOMPANYING PAPERS. Mr. Adams to Mr. Canning, (with enclosures,) June 25, 1823. Mr. Addington to Mr. Adams, (with enclosures,) October 12, 1823. Mr. Brent to Mr. Addington, September 8, 1824. Same to the same, September 21, 1824. Mr. Addington to Mr. Adams, (with enclosures,) October 5, 1824. Mr. Brent to Mr. Vaughan, February 2, 1826. Mr. Vaughan to Mr. Clay, February 5, 1826. Same to the same, April 29, 1826. Mr. Bankhead to Mr. Forsyth, (with enclosures,) January 6, 1836. Mr. Bankheat to Mr. Forsyth, January 19, 1836. Acting Secretary of State to Mr. Fox, July 10, 1839, (with enclosures.) Mr. Forsyth to Mr. Fox, July 24, 1839, (with enclosures.) Mr. Forsyth to Mr. Stevenson, February 20, 1841. Mr. Stevenson to Mr. Webster, April 7, 1841, (with enclosures.) [Extracts.] Same to same, May 18, 1841, (with enclosures.) [Extract.] Mr. Upshur to Mr. Everett, June 30, 1843, (with enclosures.) Mr. Everett to Mr. Upshur, August 15, 1843, (with enclosures.) [Extract.] Same to Mr. Calhoun, May 26, 1844, (with enclosures.) [Extract.] Mr. Calhoun to Mr. Everett, July 5, 1844. (Extract.) Same to same, September 6, 1844. Mr. Everett to Mr. Calhoun, October 9, 1844, (with enclosures.) [Extracts.] Same to same, November 4, 1844, (with enclosures.) Mr. Everett to Mr. Calhoun, (with enclosures,) March 25, 1845. [Extracts.] Same to the same, (with enclosures,) April 2, 1845. Same to Mr. Buchanan, April 23, 1845, (with enclosures.) [Extract.] Mr. Buchanan to Mr. Bancroft, (with one enclosure,) December 10, 1846. Mr. Bancroft to Mr. Buchanan, January 4, 1847. [Extract.] Mr. Crampton to Mr. Webster, July 5, 1852. Mr. Hunter to Mr. Crampton, July 14, 1852. Mr. Adams to Mr. Canning. DEPARTMENT OF STATE, Washington, June 25, 1823. SIR: I have the honor of enclosing herewith copies of a complaint and protest received at this department, stating the capture and detention of the schooner Charles, a fishing vessel belonging to George Moody, of York, in the State of Maine, a citizen of the United States. This detention is stated to have been altogether without cause, and to have been effected by Captain Arabin of British gun-brig called the Argus. It appears the schooner Charles as neither been restored to its owner nor carried before any tribunal for adjudication. I am directed by the President of the United States to solicit your good offices in the first instance to obtain the restitution of the schooner Charles to Mr. Moody, and in the next to claim the satisfaction and indemnity due all the sufferers by the interruption of their voyage and the disturbance in their lawful occupations, and all other damages sustained by them in consequence of these acts, to which should be added the reparation to the United States for the indignity offered to their flag and the injuries inflicted upon their citizens. I pray you, sir, to accept the assurance of my distinguished consideration. JOHN QUINCY ADAMS. The Right Honorable STRATFORD CANNING, from Great Britain. Mr. Moody to Mr. Adams. YORK, MAINE, June 12, 1823. SIR: I would refer you to the enclosed protest for the particulars of an outrage committed on my property by the commander of a British brig, and pray that you would lay the same before the proper authorities that measures may be immediately taken to restore to me my property. I am, respectfully, sir, your obedient servant, Hon. JOHN Q. ADAM, Secretary of State, Washington. GEO. MOODY, By this public instrument of declaration and protest, be it known that William Stover, of York, in the county of York and State of Maine, mariner, and late master or skipper of the schooner called the Charles, of York aforesaid, of the burden of forty tons or thereabouts, owned by George Moody, of said York, merchant; and Josiah Stover, Solomon Avery, Theodore Webber, jr., William Simpson, jr., and Hanson Forgerson, all of York aforesaid, fishermen, employed and engaged on board said schooner for the present fishing season, personally appeared and came before me, Alexander McIntire, notary public within and for the county of York and State of Maine, who did on this tenth day of June, in the year of our Lord one thousand eight hundred and twenty-three, severally solemnly protest and declare, allege and affirm that having previously engaged with the said George Moody, the owner of said schooner Charles, to go in her for the present fishing season, and said vessel being fitted out in York with all things necessary to prosecute said fishing voyage and under fishing license, we sailed from said York on the 4th day of May last past on our said voyage, and in prosecution of our said voyage we sailed to the coast of Nova Scotia and came to anchor for the first time after leaving York, about eight. leagues south-south-east from Shelburne on said Nova Scotia coast, on Thursday the 8th day of May, at which place we lay till Friday morning, May 9th, at about nine o'clock. The wind blowing very fresh from the ESE. and a heavy sea, we found that we could no longer lay at anchor, but found that we were drifting fast to leeward, and fearing an approaching storm, which actually took place the following day, we were obliged to put into Shelburne for a harbor to avoid the winds and seas. We caught sixtyeight codfish and three herring only while we lay at anchor as before mentioned, which were all the fish we caught after we left York. We got into Shelburne about 12 o'clock at noon on the same day and came to anchor. About an hour after we came to anchor in Shelburne, the British gun-brig called the Argus, which, as we were told, was commanded by Captain Arabin, hove in sight and soon after came into Shelburne and came to anchor, having previously sent her barge manned with an officer and six men to us, who boarded us, took possession of our schooner and ordered us to heave up our anchor immediately and go alongside of the British brig. The master or skipper was ordered to go on board said brig with the schooner's papers, and after being detained on board said brig about a quarter of an hour was sent on board the schooner again, having had his papers taken from him. The boat was taken from off our deck and carried alongside the said brig the same day. We lay alongside said brig till Monday, the 12th day of May, when four of our crew, namely, William Simpson, jr., Theodore Webber, jr., Solomon Avery and Hanson Forgerson, were taken from the schooner and put aboard the said brig; and two officers and seven men were put aboard the schooner, and the said master or skipand Josiah Stover were kept on board said schooner. The officers and men put on board said schooner were armed with small arms and cutlasses, victualed for twenty days. per The brig proceeded to St. John's, where she landed the said William Simpson, jr., Theodore Webber, jr., Solomon Avery and Hanson Forgerson, destitute of money or clothing, excepting what clothing they had on their backs. We, the said William Stover and Josiah Stover, further protest, affirm and declare, that we were detained on board the said schooher Charles on a cruise of nine days in the Bay of Fundy; during which cruise she took two fishing vessels belonging to the United States and carried them into St. John's, and was there again victualed for another cruise of twenty days; and after laying one day at St. John's she then sailed on her second cruise, and on the 22d day of May last we were landed from said schooner at Campo Bello, where all the fishermen's clothes were given up to the said master or skipper. We further declare and say, that after we sailed from York, on the 4th day of May, as before named, till we were boarded and taken possession of by the said orig Argus, no person was on board our said schooner, except our said crew, nor were any of the said crew of said schooner on shore at |