Appendix to the Memorial. 185 



condemnation of the G erring was affirmed. Subsequently, through 

 the interposition of this Government, the penahy of forfeiture was 

 remitted and the vessel and its contents were offered to the owner 

 upon the payment of costs. This interposition of our Government 

 and action of the British Government was made without the 

 knowledge that the so-called "headland" question was involved in 

 the case. It was supposed to be a satisfactory conclusion of the 

 subject. Upon investigation it has been found that through ne- 

 glect the vessel and its contents have been ruined while in the 

 custody of the Canadian officials. The vessel has not been taken 

 back by the owner and she is not worth the taking. It is respect- 

 fully submitted upon the foregoing facts that this Government 

 ought not to acquiesce in the view that the transaction of unload- 

 ing fish within the three-mile limit which have been already se- 

 cured in a seine on the high seas is a violation of the Convention 

 of 1818, The question is not only of importance to the owner 

 but as well to all American fishermen pursuing their avocation 

 upon the high seas near the Canadian coast but without the three- 

 mile limit. 



There is, however, in the case a principle involved transcend- 

 ing in general importance that already referred to. For some 

 reason it was not brought to the attention of the Supreme Court 

 of Canada and has not received its consideration. It may well be 

 claimed that if it had received the consideration of that court 

 the result would have been different. 



Since the conclusion of the Convention of 1818, Her Majes- 

 ty's Government and our own have differed and continue to 

 differ as to its proper interpretation. The British Government has 

 asserted that from bays more than six miles wide indenting British 

 shores American fishermen were excluded by the Convention of 

 1818. In other words that however wide the bay might be a line 

 should be drawn from headland to headland and from the waters 

 within three miles of this line American vessels were excluded by 

 the terms of the Convention. On the other hand our Government 

 has claimed that in the case of bays more than six miles wide 

 our fishermen were within their rights if they remained more than 

 three miles away from the coast of the bay. Neither Government 

 has up to the present receded from its position. So far as known 

 the only seizure made by the British Government for violation 



