Memorial of the United States. 3 



the jurisdictional waters and had permitted the Gerring and other 

 American fishing vessels without molestation or objection to catch 

 and bail their fish in the same place where the seizure was made.* 



It should be further observed as evidence of the conviction of 

 Captain Doren that he was upon the high seas, that he requested 

 the commander of the Aberdeen to measure the actual distance of 

 the Frederick Gerriyig, Jr., from the nearest British or Canadian 

 land, but this the commander refused to do,^° and proceeded to seize 

 the vessel despite the fact that she was more than three marine 

 miles from any of the coasts, bays, creeks, or harbors of Canada 

 and was not at the time fishing or preparing to fish within the terri- 

 torial waters of Canada. 



Having arrested and seized the Frederick Gerring, Jr., the 

 commander of the Aberdeen put a prize crew on board the vessel 

 and proceeded to tow her to the harbor of Liscombe, in Nova 

 Scotia and thence to Halifax/^' While towing the vessel from the 

 place of seizure to Liscombe, the commander of the Aberdeen 

 caused the Gerring to swing into the trough of the sea, with the 

 result that forty barrels of the mackerel taken by her and bailed 

 onto her deck were washed overboard and lost.^" 



Action for forfeiture was brought by the Government of Can- 

 ada against the Frederick Gerring, Jr., her cargo, tackle, rigging, 

 apparel, furniture and stores, in the Exchequer Court of Canada, 

 Nova Scotia Admiralty District, on May 29, 1896. The case was 

 tried in the said court and on August 28, 1896, the vessel, her 

 cargo, tackle, rigging, apparel, furniture and stores, together with 

 the fish, seine, fishing gear, supplies and other property on board of 

 her at the time of her seizure, were condemned as forfeited to the 

 Crown, and the owner of the vessel was ordered to pay the costs of 

 the action. ^^' 



On September 1, 1896, an appeal from this judgment was 

 taken by the owner to the Supreme Court of Canada, and the judg- 

 ment was affirmed in May, 1897, by a divided court; three of the 

 Justices concurring in the decision, and two, one of whom was the 

 Chief Justice, dissenting.'^' 



^Appendix, pp. 14, 15, 22. 

 ^''Appendix, pp. 15, 27. 

 ^lAppendix, p. 23. 

 ^^Appendix, pp. 15, 23, 24. 

 ^'2aAppendix, pp. 100. 

 i^Appendix, pp. Ill 143. 



