Appendix to the Memorial. 173 



under date of the 6th of November, 1896, and in subsequent cor- 

 respondence. 



It will be seen that on May 25, 1896, the Frederick Gcrring, Jr., 

 owned by Captain Edward Morris, of Gloucester. Massachusetts, 

 was seized, off the south coast of Nova Scotia, on a charge of fishing 

 within the territorial waters of Canada. The seizure was made by 

 the ship Aberdeen, under Captain Knowlton, of the Canadian Fish- 

 eries Protection Service. 



Upon a trial had in September, 1896, in the Exchequer Court 

 of Canada for the Nova Scotia Admiralty District, before Judge 

 MacDonald, the vessel and her cargo were condemned. 



An appeal to the Supreme Court of Canada was dismissed by a 

 divided court, three judges deciding that the appeal should be dis- 

 missed ; two of them, one being the Chief Justice, dissenting. 



It is not in dispute that the Gerring was seining for mack- 

 erel, and had set her seine around a school of fish, which 

 was bailed on board from her seine at the time she was seized. 

 It was not denied that when the seine was so set. the Gerring 

 v/as more than three miles from shore; but the vessel had per- 

 haps drifted shoreward; and it was contended and decided by the 

 court, in the majority opinion, that when she was seized, she 

 was bailing fish from the seine within the three-mile limit, and 

 that this act of bailing constituted an act of "fishing" within the 

 meaning of the law. 



Mr. Olney, then Secretary of State, advised ag^iinst an ap- 

 ])eal of the case to the Privy Council, and, under his instructions, 

 the above-mentioned note of Mr. Bayard was addressed to Lord 

 Salisbury, appealing to Her Majesty's Government for the remis- 

 sion of the forfeiture. 



In line with his suggestion, the Department of State afterwards 

 invoked the good offices of Lord [then Sir Julian] Pauncefote with 

 the Canadian Government to that end. The result was that the 

 forfeiture was remitted, on condition of payment by the defendant 

 of all costs and charges, and the nominal fine of one dollar. The 

 State Department expressed its cordial appreciation to Lord Paunce- 

 fote for his intercession, supposing that the matter was satisfactorily 

 arranged. 



The result was communicated to Captain Morris, the owner 

 of the Gerring, who refused to accept restitution on the con- 



