No. 179.
Mr. Bayard to Mr. Phelps.

No. 462.]

Sir: On the 6th of the present month I wrote you concerning the treatment of the United States fishing schooner Marion Grimes, of Gloucester, Mass., on October 7, 1886, in the outer harbor of Shelburne, Nova Scotia, by Captain Quigley, of the Canadian cruiser Terror.

I received yesterday and now inclose a copy of the statement made under oath by Captain Landry of the Marion Grimes, and present it as supplementary and confirmatory of my former communication on the subject.

I am, &c.,

[Inclosure in No. 462.]

Affidavit of Captain Landry, of the schooner Marion Grimes.

I, Alexander Landry, master of schooner Marion Grimes, of Gloucester, being duly sworn, do depose and say:

That on Monday, October 4, 1886, I sailed from Gloucester on a fishing trip to Western Bank. On the night of Thursday, October 7, the wind blowing almost a gale from the southeast and a heavy sea running, we came to anchor, in the entrance of Shelburne Harbor about midnight for shelter. We were then fully 10 miles from the custom-house at Shelburne. At 4.30 a.m. of the next day we hove up our anchor to continue our voyage, the wind having died away almost to a calm. Just as we had got our anchor on the bow an officer and boat’s crew from Canadian cruiser Terror (which laid off Sand Point some 3 miles above us) came on board and told me we must come to anchor at once and go to the custom-house at Shelburne and enter and clear. I at once anchored the vessel and taking my boat and two of my crew started for the custom-house. When we reached the Terror, Captain Quigley ordered me to come on board his vessel, leave my boat and men, and go with him in his boat to Shelburne. I arrived at the custom-house at about 8.30 a.m., and waited until 9 a.m., when Collector Attwood arrived. I then entered and cleared my vessel and was about to pay the charges and depart, when Captain Quigley entered the office and told the collector he ought not to clear my vessel as I had attempted to leave the harbor without reporting, and that the case should be laid before the authorities at Ottawa. Collector Attwood then withheld my papers until a decision should be received from Ottawa. I then tried to find the American consul, calling at his office three times during the day, and was unable to find him. But in the afternoon found a Mr. Blatchford in the consul’s office, who informed me that my vessel had been fined $400, and I wired my owners accordingly. At 4 p.m. returned with Captain Quigley on board the Terror, and when on board he informed me that my vessel was fined $400.

He then sent a boat’s crew on board my schooner, telling me to go with them, but detaining my boat and two men, and ordered me to take my schooner up to Shelburne at once. We started and got as far as Sand Point, and came to anchor for want of wind at about 10 o’clock p.m., and alongside the Terror. At 3 o’clock a.m. on Saturday, October 9, accompanied by the Terror, we started again for Shelburne inner harbor, arriving there about 7 o’clock a.m., and then the boat’s crew left us and my two men came on board in my boat. I then went on shore and found the American consul, who informed me he could not give me any assistance. During Saturday, Sunday, and Monday I awaited dispatches from my owner in regard to the payment of the fine. On Monday morning, it being the anniversary of my birthday, I hoisted the American flag to the mast-head, and immediately Captain Quigley (speaking from the deck of his vessel) ordered me to haul it down, which I did; but after thinking the matter over, I concluded that as no regular seizure of my vessel had been made, no broad arrow put upon my mast, but my vessel only detained untill a deposit of the fine had been made, Captain Quigley had acted beyond his authority, and acting on this conclusion I again set my flag at the mast-head. Captain Quigley again ordered me to haul down the flag, which I refused to do; upon which he came on board my vessel with eight men, and asked who gave the authority to hoist that flag. I replied that I took the authority myself He then said, “Well, I’ll haul it down myself,” [Page 372] which I forbid him to do; but without heeding me he immediately hauled down the flag, unbent it, unrove the halyards, and passed the flag to me. I passed it back to him, telling him as he had hailed it down he better take charge of it himself He then ordered his men to haul the vessel into the wharf, which they did, and Collector Attwood came on board and put a broad arrow (↑) on the mainmast and placed two watchmen on the wharf to watch the vessel. On Tuesday, October 12, at 10 a.m., Collector Attwood informed me that the vessel was released, but I must pay the bill for watching, amounting to $8, and to save further delay I did so. On Tuesday evening, October 12, sailed for the Western Bank in continuation of my voyage.


J. Warren Wonson.

Massachusetts, Essex, ss:

Personally appeared Alexander Landry and made oath to the truth of the above statement before me.

Notary Public.