2
instant were founded, and with any general observations which we might have to offer on the present aspect of the case.
We have again taken the matter into our consideration, and, in obedience to your Lordship's commands, have the honour to
Report
That we are of opinion that the objections urged by Mr. Carlisle (as stated in Sir J. Pauncefote's despatch of the 5th of December) to the application for leave to expedite the appeal have great force.
We have no means of forming an independent judgment as to how far they are well founded, but, in face of them, we are of opinion that the application to expedite the hearing of the appeal should not be made; but in lieu thereof, an application for a writ of prohibition should be made.
We adhere to the view that unless it is clear that the question of law will be determined upon its merits on the application for a writ of prohibition the appeal should not be abandoned.
We have, &c.,
(Signed)
The Marquis of Salisbury, K.G.
RICHARD E. WEBSTER.
EDWARD CLARKE.
24,742.
No. 199.
(CANADA.)
LAW OFFICERS to FOREIGN OFFICE.
(Secret.) MY LORD,
Royal Courts of Justice, WE were honoured with your Lordship's commands, signified in Sir T. Sander- son's letter of this date, stating that, with reference to Sir P. Currie's letter of the
December 19, 1890. 17th instant, he was directed by your Lordship to transmit to us a telegram from Her Majesty's Minister at Washington reporting the substance of observations made by Mr. Calderon Carlisle on the opinion given in our Report of the 5th instant* as to the course of procedure to be pursued for bringing the question of law involved in the Behring's Sea controversy, in connection with the case of the" W. P. Sayward," before the Supreme Court of the United States.
We have considered the telegram from Sir J. Pauncefote, No. 99, of the 18th December 1890, and have the honour to
Report
That we are of opinion that Mr. Carlisle's advice as to procedure should be accepted and acted upon.
We have, &c.,
(Signed)
The Marquis of Salisbury, K.G.
RICHARD E. WEBSTER. EDWARD CLARKE.
A 61907-386. 25.-1/91.
1
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* No. 196.
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