CO885-(13-15) — Page 432

16379.

No. 91.

(CANADA.)

LAW OFFICERS to FOREIGN OFFICE.

Law Officers' Department, MY LORD,

September 12, 1895. We were honoured with your Lordship's commands signified in Sir Percy Anderson's letter of the 3rd ultimo, respecting the application of the United States Government for the consent of Her Majesty's Government to the appointment of Counsel to represent the United States at the trials of the "Shelby" and of other vessels seized for infringement of the Seal Fishery Regulations.

We have taken the matter into our consideration and, in obedience to your Lordship's commands, have the honour to report,-

That, in our opinion, it would not be proper to allow Counsel for the United States to take any part in the proceedings, to examine witnesses, or to address the court.

The offence for which the proceedings are taken is the breach by British subjects, or a British ship, of a British statuto, and the proceedings can only be taken in a British court. The vessel, if condemned, would be forfeited to the Crown, and any fine would belong to the Crown.

Under such circumstances, to allow a foreign nation to appear as a party, or conduct, or take part in, the proceedings, would not only be without precedent, so far as we know, but would, on principle, be both dangerous and undesirable.

The provisions of the General Act of the Brussels Conference do not, in our judg. ment, afford any precedent for permitting the United States to take part in the proceedings against British vessels or subjects for breach of British laws.

We have, &c.

R. E. WEBSTER, R. B. FINLAY.

&c.

The Most Hon, the Marquis of Salisbury, K.G.,

&c.

&c.

0 S$965,--16, - 25.—9,95.

PUBLIC RECORD OFFICE

C.O.

Reference :-

885

14 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO