110
182
suing the King
King in his private capacity.
How can it be so here when the Chief Justice caused the Registrar to reply (Appendix 6) "that it is contrary to the law and Custom of England for a Judge to receive Communication by letter; all communication must be made in the presence of the parties whose interests are intended to be affected thereby."
Submission 1.7
10
The reply from the Minister (Appendix H) elicited by the Registrar's letter, so obtained needs no comment.
A submission
The printed copy of the judgment sent to the Government, differs from the judgment delivered in Court in three passages which I have marked; as sent to the Court in five or ...
I inclose a copy of the judgment papers in which I have also marked the passages for His Excellency's comparison if he thinks necessary. The principal change is the omission of comments by both Judges upon a supposed assertion Paulus that the Commodore was the Pangwee and belonged to him. Their Honours had omitted to refer to the man's affidavit, which in fact did not contain any assertion of the kind; he claimed the Commodore but did not allude to the Pangwee.
The memory of His Honour the Chief Justice has also failed him where he refers to my argument. I urged that the Court, if uncertain as to the status of Annam should have inquired from the Government whether Great Britain recognises Annam, adding that the Government could have obtained the information from the Foreign Office if unable to supply it themselves, and I cited cases where the Judges in England had made inquiries at the Foreign Office.