Appendix to the Memorial. 105 



the water, and a few hours later, before the seine had been hauled, 

 another Canadian police boat, the Aberdeen, came along and seized 

 the Frederick Gerring on the charge of fishing within the three- 

 mile limit. 



Your attention is especially referred to the opinion of the Ad- 

 miralty Court in this case, which is among the documents enclosed. 

 From the recital of facts given by the Judge, the inference is con- 

 clusive that the Frederick Gerring was outside the limit when she 

 cast her nets but had drifted within the limit before hauling it.- 

 The Court held that this was a technical violation of the Canadian 

 Fishery Laws, and imposed the penalty of forfeiture upon the ves- 

 sel. The Court closes the opinion in the following language : 



"It would, I apprehend, be difficult if not impossible to enforce 

 "these fishery laws, to which our people attach supreme importance, 

 "if those American subjects, who so eagerly seek to compete with 

 "our people along our shores in this industry, and who are not, I 

 "fear, always over scrupulous in the observance of laws of which 

 "they have ample notice, should be permitted to plead accident or 

 "ignorance to a charge of infraction of these laws. Such a plea, 

 "however effective it may be to the executive authority of the 

 "country, cannot avail in this Court." 



There is a plain intimation by the Court that this is a proper 

 case for the exercise of executive clemency, and you are requested 

 to bring the facts to the attention of the Secretary of State for For- 

 eign Affairs and request that the forfeiture of this vessel be re- 

 mitted, as it is clear from the judgment of the Canadian Admiralty 

 Court setting aside altogether the testimony furnished by the own- 

 ers of the vessel, that this was merely an accidental and technical 

 infraction of the Canadian statute, committed, so far as any volun- 

 tary act of the Master of the Fishing Schooner is concerned, in the 

 presence and with the consent of a Canadian police cruiser. It is 

 not believed that the British Government will permit the penalty 

 imposed by the Court to be enforced against this vessel. 



I am, etc., etc. 



Richard Olney. 



