Appendix to the Memorial. 179 



It is not contended or pretended that Captain Morris was an 

 intentional transgressor of the Canadian law. The evidence, on 

 the contrary, would seem to demonstrate his good faith and his 

 expressed wishes at the time to keep outside of the three-mile 

 limit. 



It might be mentioned that, in a similar case, my Govern- 

 ment, at the request of Lord Pauncefote, made in July, 1899, re- 

 leased six Canadian fishing boats, which had been seized by an 

 American cutter for fishing within the imaginary boundary line 

 at Point Roberts, opposite Vancouver Island. 



The fishermen stated that they had no light to guide them, 

 and the trespasses were unintentional; and for this reason the 

 British Embassy asked, on behalf of the Canadian Minister of 

 Marine and Fisheries, for the release of the boats and their equip- 

 ment, to prevent the ruin of the fishermen through the confiscation 

 of their property. 



Security to cover the value of the boats seized having been 

 offered, proceedings were stayed and the boats released, pending 

 furtlier investigation of the facts, July 28, 1899. 



The United States Attorney at Seattle, after investigating 

 the case, was satisfied that the Canadian fishermen were not inten- 

 tional poachers in American waters and did not intentionally vio- 

 late the laws of the United States. He therefore recommended 

 the dismissal of the case and the release of the boats. In view 

 of this report, the vessels were released and the case dismissed — 

 of all of which Her Majesty's Ambassador at Washington was 

 duly notified on the 25th of August, 1899. 



I have the honor of enclosing herewith for your Lordship's 

 information, a copy of the evidence taken at the trial ; also a copy 

 of the opinions of the Court of Exchequer, of the Supreme Court 

 of Canada, affirming and dissenting; and of two brief addresses 

 to the Secretary of State by the Senator from Massachusetts 

 and Mr. Moody, a Member of Congress, in behalf of the claimant. 



In presenting this case so fully to your Lordship, it is earn- 

 estly hoped by my Government that Her Majesty's Government 

 may see their way to securing the payment of a just and reason- 

 able indemnity. 



I have the honor to be, etc. 



Joseph H. Choate. 



