Appendix to the Memorial. 149 



I beg to call your Excellency's attention to the reasoning of 

 the dissenting opinion as indicating the real equity of the case, even 

 though there might be a technical violation of the law, as held in 

 the majority opinion. It would seem to the undersigned that the 

 consequences apprehended in the above quotation from the major- 

 ity opinion would not ordinarily follow in cases of the character 

 of the one now under consideration, where there seems to have 

 been no criminal intent, and where peculiar care seems to have 

 been exercised at the outset to avoid a violation of the Fishery 

 laws. But in any event, the concluding sentences above quoted 

 from the majority opinion contains a plain intimation by the Court 

 that this is a proper case for the exercise of executive clemency; 

 and in view of the spirit of comity existing between the two Gov- 

 ernments, and of Your Excellency's high sense of equity, the under- 

 signed would respectfully request the exertion of Your Excellency's 

 good offices with the Canadian authorities to the end that the 

 penalty of confiscation may be remitted, as, in view of the strait- 

 ened financial circumstances of Mr. Morris, the case is one of very 

 great hardship. 



I have the honor to attach hereto, for your consideration, a 

 copy of the decree of the Supreme Court of Canada, and also copy 

 of letter from Mr. Richard Olney, late Secretary of State, in which 

 he suggests the propriety of this appeal. 



I have the honor to be, etc., 



John Sherman. 



Enclosure : 



Decree as above. 



[Enclosure.] 



Richard Olney, 



23 Court Street. 



Boston, 14 June, i8q/. 

 Hon. John Sherman, 



Secretary of State, IVashington, D. C. 



Sir: The contents of the enclosed papers require no expla- 

 nation. 



