Appendix to the Memorial. 155 



The Supreme Court upheld, by a majority of one, the judg- 

 ment of the Admirahy Court of Nova Scotia, but in view of the 

 circumstances of the case, the Minister of Marine and Fisheries 

 recommended that the enforcement of the judgment of confiscation 

 would be open to the charge of hardship. He considered that there 

 was room for the belief that there was no intention on the part of 

 the master to violate the treaty or break the law, and, being sup- 

 ported in this view by a perusal of the reasons for the judgments 

 as stated by the judges of the Court of Appeal, he held that the 

 protection of Canadian territorial rights and the supremacy of the 

 law had been sufficiently vindicated by the seizure and successful 

 prosecution of the vessel. The Canadian Government have ac- 

 cordingly decided that the schooner should be released and given 

 back to her owners, on payment by them of all the costs incurred, 

 both in the Admiralty Court and in the Court of Appeal, as well 

 as of all charges for custody, or otherwise, in connection with the 

 seizure; and also on payment of a nominal fine for infraction of 

 the law. 



I have the honor to be, &c., 



( Signed ) Salisbury. 

 His Excellency 



The Honble. John Hay, 



&c., &c., &c. 



EXHIBIT 18. 



Edward Morris to the Secretary of State. 



Gloucester, Mass., Sept. 7, 189/. 

 Hon. John Sherman, 

 Secretary of State, 



Washington, D. C. 

 Dear Sir: — 



I received a letter from Alvey A. Allen [Adee], your Assistant 

 Secretary, and also a copy of Lord Salisbury's letter concerning 

 Schr. Frederick Gerring, where they say I can have the vessel back 

 by paying all expenses. In regard to the vessel, she is not worth 



