4 The Frederick Gerring, Jr. 



Meanwhile, immediately following the condemnation of the 

 vessel by the Exchequer Court, a copy of the judgment with a 

 statement of the facts in the case was brought to the attention of the 

 Government of the United States, and an earnest appeal was made 

 that steps be taken to protect the interests of the owner of the 

 vessel, who was about to be deprived of his property by a court 

 without jurisdiction, the vessel having been taken on the high seas, 

 and under a judgment admittedly founded upon a technicality, even 

 conceding the vessel to have been seized in Canadian waters. 



The Government of the United States upon investigation felt 

 convinced that the seizure of the Gerring was unwarranted, but 

 considering it expedient to rely upon an intimation contained in the 

 judgment of the Exchequer Court that the case was one which prop- 

 erly called for the exercise of executive clemency, it presented the 

 case to Her Majesty's Government with that end in view, confi- 

 dently believing that the justice and equity of that Government 

 would not permit the penalty of forfeiture to be imposed in a case 

 where, if there had been any infraction of the Canadian statute at 

 all, it was of a purely accidental and technical nature. 



The presentation of the case was made to the Government of 

 Great Britain on November 6, 1896,** and on February 20, 1897, 

 that Government replied that nothing could be done until the case 

 had been heard on appeal in the Supreme Court of Canada.^" 



The decision of the Supreme Court was rendered in May, 1897, 

 with the result as set forth above. In view' of the strong stand 

 taken by two of the justices, one of whom was the learned Chief 

 Justice, against the condemnation of the vessel, the Government of 

 the United States again brought the matter to the attention of Her 

 Majesty's Government in the belief that speedy and efficacious re- 

 lief would be granted.*' 



In July, 1897, the Government of Great Britain notified the 

 Government of the United States that in view of all the circum- 

 stances of the case the Canadian Government had decided that the 

 vessel should be restored to her owner, on payment of a nominal 

 fine, together with the costs incurred in her prosecution.*^ 



^*Appendix. pp. 104-106. 

 J^Appendix, p. 107. 

 "Appendix, pp. 148-150. 

 i^-^ppendix, pp. 151, 152. 154. 155. 



