Appendix to the Memorial. 183 



This memorandum is submitted in behalf of Edward Morris, 

 the owner of the Gerring, who complains that the condemnation 

 and seizure were in violation of his rights as an American citizen 

 under the law of nations and the Convention between Great 

 Britain and the United States relating to the Northeastern fish- 

 eries. 



Before stating the facts of the case it is well to refer to the 

 Convention concluded October 20, 1818, between the two powers 

 and the conflicting construction placed upon it by them. That 

 Convention in its first article defined the rights of American fisher- 

 men in the waters of His Britannic Majesty's dominion in America, 

 giving to them the right of inshore fishing on certain named parts 

 of the coasts of Newfoundland and Labrador. It contains the 

 following renunciation : 



"And the United States hereby renounce forever any 

 liberty heretofore enjoyed or claimed by the inhabitants there- 

 of to take, dry or cure fish on or within three marine miles 

 of any of the coasts, bays, creeks, or harbors of His Britannic 

 Majesty's dominions in America not included within the 

 above limits." 



This Convention although it has been since twice temporarily 

 modified by other treaties now remains the instrument by which, 

 together with the International law upon the subject, all our fish- 

 ermen are governed. 



The circumstances of the case under consideration were these. 

 The Gerring was lying prepared to fish off the southern coast of 

 Nova Scotia, some six and a half miles from Liscombe Light. Our 

 fishermen have not the right of inshore fishing on this part of the 

 coast. 



The Canadian sailing cruiser Vigilant was in the neighbor- 

 hood, together with the Margaret Haskins, an American fishing 

 vessel which was lying a hundred yards inshore from the Gerring. 

 The captain of the Haskins rowed to the Vigilant and inquired of 

 her commanding officer whether they were without the three-mile 

 limit. He received an affinnative answer which was communi- 

 cated to the captain of the Gerring. The Haskins then seized a 

 school of mackerel and went away. The Gerring seized a 

 school of mackerel at a place conceded by the Crown to be without 



