150 The Frederick Gerring, Jr. 



I am not counsel for the party interested — Mr. Edward Mor- 

 ris — and have consented to forward them to you only out of friend- 

 liness and because his case seems to be one of great hardship. 



You will observe that it is doubtful if there has been any 

 violation of law by Mr. Morris or his vessel and that, if there has 

 been, the violation is purely technical and entirely devoid of the 

 element of criminal intent. Two judges of an appellate court of 

 five, including the Chief Justice, are of opinion that the vessel 

 should not have been condemned. 



Mr. Morris could undoubtedly take an appeal from the Cana- 

 dian court to the Privy Council in England. But the expense 

 would be large, the delay great and indefinite with the prospect, 

 almost the certainty, that meanwhile the subject-matter of the liti- 

 gation would perish. 



Mr. Morris is an active, practical fisherman of small resources, 

 to whom the loss of his vessel would be a great financial disaster. 

 He has already spent in litigation much more than he could afiford. 

 Under the circumstances I have advised Mr. Morris that the true 

 course for him to pursue is not to carry the litigation farther nor 

 to present a claim against the British government, but to endeavor 

 to get a remission of the sentence through the intercession and 

 good offices of the British Ambassador at Washington. Sir Julian 

 Pauncefote has great influence with the Canadian authorities, is 

 animated by a keen sense of justice and a strong desire to promote 

 the friendly relations between Great Britain and the United States 

 by recommending and urging any course which under the circum- 

 stances of any particular case equity and fair dealing seem to 

 warrant. 



I should have little doubt that, if Mr. Morris' case were pre- 

 sented to Sir Julian by the State Department with the request that 

 he would exercise his good offices with the Canadian Government 

 in Mr. Morris' behalf, he would probably exert himself in the mat- 

 ter both strenuously and successfully. 



Trusting the State Department may find no obstacle to taking 

 action on Mr. Morris' behalf in the direction above suggested, 

 I am, 



Respectfully yours, 



Richard Olney. 



