Appendix to the Memorial. 193 



ing that they were part of such territory. In the course of his 

 judgment, Lord Stowell says : 



"Consider what this difference would be if lands of this de- 

 scription were not considered as appendant to the mainland, and 

 as comprised within the bounds of territory. If they do not be- 

 long to the United States of America, any other power might 

 occupy them; they might be embanked and fortified. What a 

 thorn would be this in the side of America ! It is physically pos- 

 sible at least that they might be so occupied by European nations, 

 and then the command of the river would be no longer in America 

 but in such settlements. The possibihty of such consequence is 

 enough to expose the fallacy of any arguments that are addressed 

 to show that these islands are not to be considered as part of 

 the territory of America. Whether they are composed of earth 

 or solid rock, will not vary the right of dominion, for the right of 

 dominion does not depend upon the texture of the soil. 



"I am of the opinion that the right of territory is to be 

 reckoned from these islands." 



It is clear, therefore, following the position taken by the 

 State Department at Washington, and the Principles of Inter- 

 national Law generally accepted, that Gull Islands or Rocks form 

 part of the territory of Nova Scotia, and that the Frederick 

 Gerring, Jr., was seized one and three-quarter miles off the 

 coast of a part of that Province, while fishing there contrary to 

 the provisions of the Treaty of 1818. 



The legal remedies of the owner of the ship, if he thought 

 she has been illegally seized, were not, on the advice of the United 

 States Government, exhausted. If there had been any doubt what- 

 ever as to whether the vessel was found fishing within three ma- 

 rine miles of the coast, it is probable that the United States Secre- 

 tary of State would not have advised that no appeal should be 

 taken to Her Majesty's Privy Council. When the United States 

 Government asked whether the right of appeal to the Privy Coun- 

 cil existed, and the time limit thereof, they were informed that 

 the prerogative right of the Crown to grant an appeal as a matter 

 of favor did exist in this case. 



With regard to the contention that Captain Morris was not 

 an international transgressor of the Canadian Law, the Canadian 

 Government have already in answer to an application based on 

 that ground, made an offer which the owner of the vessel chose 



