164 The Frederick Gerr'mg, Jr. 



possible for the benefit, and with the consent of both parties, the 

 amount realized being $813.10 and the expenses attaching to the 

 care and sale $206.55. 



The communication of the United States Secretary of State 

 proceeds that it further appears that the seized vessel, while in 

 the custody of the British Authorities "was treated in such a 

 careless manner that her hull, rigging and outfit have become 

 practically worthless, and their owner has found them to be of no 

 value to him whatever." 



Your Excellency will be able to judge of the accuracy of 

 this information, with which Mr. Secretary Sherman has been 

 supplied, when it is pointed out that as much care as possible has 

 been taken of the vessel ; a man has been placed specially in charge 

 of her since she was seized, paid at the rate of $1.25 a day; the 

 seine is in the Government store at Halifax, carefully placed, 

 overhauled and kept salted ; the boats are bottom up on the wharf, 

 not damaged in any way; the sails, outfit, running gear, &c. were 

 all dried and marked, and put together in the store, and the stove 

 is in good order. 



It is difficult to appreciate under these circumstances, how, 

 if the vessel was worth anything at the time of the seizure, she 

 is now devoid of all value to the owner. 



The Minister is of opinion that since the specific objections, 

 which Mr. Secretary Sherman urges, are shown to have no foun- 

 dation in fact, he will be induced to change his views as to the 

 relief to the owner of the vessel, which the Canadian Govern- 

 ment have proposed, and to accept the same in the spirit in which 

 it was tendered. 



Mr. Sherman characterizes the action of Canada in the light 

 of "reparation" and proceeds to say, that the order of "restitu- 

 tion" of the vessel "necessarily" involved the "moral obligation" 

 to return it in substantially the same condition as that in which 

 it was seized, which proposition he ventures to believe is not 

 open to disagreement. 



The Minister is unable to share this view of the matter, inas- 

 much as the action of the Canadian officers in seizing the vessel, 

 on being submitted to the British Admiralty, was approved as 

 being in accordance with the practice of the Imperial officials 

 under precisely similar circumstances, and was judicially con- 



