Appendix to the Memorial. 143 



harbours — for any purpose not authorized by the convention, and 

 particularly for the purpose of bailing fish caught in the open sea, 

 if such an act cannot be considered as fishing, or taking fish. 



Finally, I am of the opinion that the appeal should be dis- 

 missed with costs. 



Appeal dismissed with costs. 



Solicitors for the appellant: MacCoy, MacCoy & Grant. 

 Solicitor for the respondent: IV. B. A. Ritchie. 



EXHIBIT 10. 

 Edivard Morris to the Secretary of State. 



Gloucester, Mass., June 12, iSgy. 

 Hon. John Sherman^ 



Secretary of State, 



Washington, D. C. 

 Sir: 



On the twenty-fifth day of May, 1896, the fishing schooner 

 Frederick G erring, Jr., owned by me, a citizen of the United 

 States, was seized by the Canadian authorities on a charge of fish- 

 ing witliin the territorial waters of the Canadian Dominion. Upon 

 a trial had in the Exchequer Court of Canada, Nova Scotia Admi- 

 ralty District, before the Hon. James MacDonald, Judge of said 

 Court, the said vessel and her cargo were condemned. I then ap- 

 pealed to the Supreme Court of Canada, where, after a long delay, 

 the appeal was dismissed by a divided court, three judges deciding 

 that the appeal should be dismissed, and two judges, one of whom 

 was the Chief Justice, deciding that the appeal should be allowed 

 with costs. The Gerring was seining for mackerel and had set her 

 seine around a school of fish, which were being hauled on board from 

 her seine at the time she was seized. It was agreed that when the 

 seine was set around the fish, the Gerring was more than three 

 miles from shore, but it was contended by the Canadian govern- 



