The Old Whaling Days a History of Southern New Zealand From 1830 to 1840

Cover The Old Whaling Days a History of Southern New Zealand From 1830 to 1840
The Old Whaling Days a History of Southern New Zealand From 1830 to 1840
Robert Mcnab
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In advising London of the steps taken it was stated that further evidence would be obtained and forwarded.
On being applied to, Mr. Busby was unable to give any further information, and the Sydney authorities had reluct- antly to advise London to that effect. In reply they were directed to cancel the bond.
From information handed in at a later date it was evident that Chisholm was whaling for the Erie in Cloudy Bay, and used American boats and tackle. He and his gang were paid according to lay,
... under an agreement made at the Bay of Islands before they came down. It was quite true that British subjects had procured the oil, but in so doing they were in American employment. The mistake made in Sydney was in taking the case out of the Vice- Admiralty Court and referring it to London for decision. At a trial the whole of the facts would have come out, the Court would have decided whether it was British or Foreign, and the oil would probably have been forfeited. The same thing would have resulted if the Declaration, instead of allowing the men to say that the oil was British caught, had stated how it was taken and left the officers to decide under what heading it should come in.

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