104 The Frederick G erring, Jr. 



is the case stated by the parties pursuant to section 44 of the Su- 

 preme and Exchequer Courts Act, and the rules of the Supreme 

 Court of Canada, in an appeal to the said Supreme Court of Can- 

 ada between the ship Frederick G erring, Jr., her cargo, etc., De- 

 fendants (Appellants), and our Sovereign Lady the Queen, Plain- 

 tiff (Respondent). 



In testimony whereof I have hereunto subscribed my name 

 and affixed the seal of the Nova Scotia Admiralty District of the 

 Exchequer Court of Canada this 8th day of September, 1896. 

 (Sgd.) L. W. Des Barres (Seal), 

 Registrar of the Exchequer Court, Admiralty Division, 



Nova Scotia District. 



EXHIBIT 6. 



The Secretary of State to the American Ambassador at London. 



No. 1304, Department of State, 



Washington, October 14, i8p6. 

 His Excellency 



Thomas F. Bayard, 

 etc. etc. etc. 

 Sir: 



I send you a copy of the papers filed in this Department Sep- 

 tember 12, 1896, by Mr. Edward Morris, of Gloucester Massa- 

 chusetts, in relation to the seizure by the Canadian authorities of 

 the fishing schooner Frederick Gerring. 



The undisputed facts as disclosed by these papers are, that the 

 Frederick Gerring cast her nets off Liscombe Island, near the 

 southern coast of Nova Scotia, May 25, 1896, in the presence of 

 the Dominion cruiser Vigilant, whose business it was to prevent 

 poaching within the three-mile limit of Canadian territory by ves- 

 sels of the United States and other nations. The net was lowered 

 after consultation with the Commander of the Vigilant and an 

 expression of his opinion that the schooner was on the high seas 

 v^ithout the three-mile limit from Liscombe Island. The Vigilant 

 steamed away while the nets of the Frederick Gerring were in 



