Appendix to flic Memorial. \77 



The evidence of the plaintiff's witnesses following him, to 

 wit: Captains North, Whitman and MacKenzie, states the bearings 

 taken by them at the time when the Gerring was seized, and they 

 state, as a conclusion, that the Gerring was within the three-mile 

 limit, without specifying the grounds of this conclusion. 



Rut considering the theory suggested by the examination of 

 the plaintiff's first witness. Captain Knowlton, it is fair to assume 

 that the witnesses following him were examined on the same 

 theory, and their conclusions could not be reasonably accepted 

 against the specific facts attested by Captain Knowlton and un- 

 disputed by them. 



No witness testified to the specific fact that the Gerring 

 was inside the three-mile limit measured from headland to head- 

 land ; and it is manifest from the evidence and the accompanying 

 chart that the Government of the United States could not acqui- 

 esce in the seizure on that theory, and it is not believed that Her 

 Majesty's Government will seek to justify it on that ground, either 

 in point of law, or in point of fact, in the light of the evidence. 



The accompanying chart, already referred to was furnished 

 to my Government by Captain Morris and would appear on its 

 face to be a British chart of the waters and coasts in question. It 

 is the opinion of the United States Navy Department, to which 

 the chart with the pertinent evidence was submitted, that the Ger- 

 ring was undoubtedly seized outside of the three-mile limit; and 

 that she was, when seized, equally outside that limit, whether her 

 position is determined by a direct line drawn from her position 

 to the main coast, or from a direct line drawn from headland to 

 headland. 



My Government has appreciated the full force of the argu- 

 ment that might be urged against diplomatic intervention in this 

 case through the failure of Captain Morris to exhaust his legal 

 remedies by appeal. But in this respect the case is anomalous. 

 While the Department of State itself could not appeal the case, it 

 would have rendered financial assistance to Captain Morris to do 

 so, had it not been for the hopeful prospect of an amicable and 

 practical solution of the question in the manner already indicated. 

 When these efforts had finally failed, the right of appeal was lost; 

 and Her Majesty's Government could not graciously plead, as a 



