6 The Frederick Gerring, Jr. 



a consular officer of the United States as to the condition of the 

 condemned property, but this suggestion being objected to by the 

 Canadian Government, was dechned by the Government of Great 

 Britain."^ 



Failing in its efforts to induce the Government of Great Britain 

 to make suitable reparation to the owner of the Frederick Gerring, 

 Jr., for the loss suffered by him, the Government of the United 

 States closed the diplomatic correspondence by informing the Brit- 

 ish Government that the United States would expect that in any 

 arrangement that might be made for the arbitration of outstand- 

 ing claims between the two Governments, the claim of the Frederick 

 Gerring, Jr., would be included, so that the case could be heard 

 upon its merits. The claim was accordingly included in the 

 schedule of claims attached to the Special Agreement of August 18, 

 1910, and is now presented to the Arbitral Tribunal for de- 

 termination. 



The Government of the United States contends that the seiz- 

 ure of the Frederick Gerring, Jr., was an unjustifiable and wrong- 

 ful act on the part of the Canadian authorities, and that the subse- 

 quent condemnation and forfeiture of the vessel constitute a 

 manifest denial of justice for which the Government of His 

 Britannic Majesty are liable to the Government of the United 

 States, because — 



First. The Frederick Gerring, Jr., when seized by officials of 

 the Canadian Government, was upon the high seas. 



Second. The Frederick Gerring, Jr., when so seized, had not 

 been taking, drying or curing fish on, or within three marine miles 

 of any of the coasts, bays, creeks or harbors of Her Britannic 

 Majesty's dominions in America. 



Third. The Frederick Gerring, Jr., when so seized, was not 

 within any bay or harbor of Her Britannic Majesty's dominions in 

 America. 



Fourth. The Frederick Gerring, Jr., when so seized, was not 

 found fishing or preparing to fish or to have been fishing in British 

 waters within three marine miles of any of the coasts, bays, creeks 

 or harbors of Canada. 



Fifth. The Frederick Gerring, Jr., when so seized, had not 

 entered British waters for any purpose not permitted by treaty or 



2iAppendix, p. 167, 169. 



