p.3 We understand that the case of the seizure made at Carleton Island by the Collector of Kingston, which was tried here at last Assizes, when, by the direction of the Judge, a verdict was returned against the claimant, subject to the opinion of the Court on certain points made by the claimant's Counsel, and overruled by the Judge, has been heard at the late term at York. After solemn argument, the majority of the Court differed from the opinion of the Judge at the Assizes, on the points reserved, and granted a new trial. It is to be hoped that before the property seized shall become of no value to any body, either the Court or the Jury or both together, will be able to determine whether Carleton Island, the place of seizure, is in the Province of Upper Canada, or in the State of New York. The report of the Commissioners under the Treaty of Ghent, settling the boundary line according to the treaty of 1783, although published by the Government of the United States, is not, it seems, yet known to be published officially by the British Government, so as to be recognized by our Court.
On the morning of Sunday the 17th inst. the Schooner Hibernia, of this port, bound with a valuable cargo of goods to York, ran upon the False Ducks in a fog and was wrecked. The crew, who are saved, managed to get all the goods, with the exception of some casks of sugar, landed on the beach, but more or less damaged by the water. In attempting to bring away the cargo, two boats, one belonging to the Dock Yard, the other a Durham boat, have also been unfortunately lost, in consequence of the exposed situation of the wreck, and the stormy weather lately experienced. The vessel we understand is gradually going to pieces. Part of the goods, which belong to Messrs. Saint George & Co. and Duggan, of York, and Mr. Sheldon, of Barton, were brought away on Wednesday by the schooner Two Sisters, but a large proportion yet remain on the Island exposed to the weather. [Chronicle]
We have been requested by Mr. Smyth, owner of the above vessel, to state that Mr. Sheldon had no goods on board, and that the property that remains on the Island has been secured from the weather by covering made of such parts of the wreck as could be procured. Four men were left on the Island to guard the property.
Mr. Smyth begs to offer his unfeigned thanks to Commissioner Barrie for sending a boat and crew to the assistance of the Schooner Hibernia, which was wrecked on the 17th ult. and at the same time regrets that the boat thus politely loaned was unfortunately lost. Mr. S. also feels greatly indebted to Lieut. Jones and the men under his command for their universal exertions to save the vessel and cargo.
On Monday the 25th November, from the False Ducks in a heavy gale of wind, blowing from the North West, a
(with the words Kingston, of Kingston, painted on her stern) with a mast, mainsail, anchor and cable. Whoever will secure the said boat in some safe harbor, and give information to the subscriber at this place, or to Tisdale, Devereux & Co. of Sackett's Harbor, will receive the above reward.
Kingston, 30th Nov., 1822.