CO885-(15-16) — Page 417

R

6267

No. 26.

(FALKLAND ISLANDS CANADA.)

LAW OFFICERS to FOREIGN OFFICE.

[Question as to the steps to be taken against the Uruguayan Authorities for the seizure and detention of the l'anadian schooner “Agnes G. Donahoe."|

SIR.

Royal Courts of Justice,

February 16, 1906. WE were honoured by the commands of the Secretary of State signified to our predecessors in office by Mr. Villiers in his letter of the 14th November, 1905, stating that he was directed to transmit to them the papers relative to the seizure and detention by the Uruguayan authorities of the Canadian schooner “Agnes G. Donahoe on a charge of illegal scaling, and to request that they would favour him with their opinion as to whether the case was of a nature to justify the immediate presentation through the diplomatic channel of a claim for compensation on behalf · of the master, mates, and crew for illegal imprisonment, and on behalf of the owners for detention of ship and cargo, or whether it was necessary first to prosecute an appeal before the Uruguayan Courts, and whether, in the event of the latter alterna- tive being held requisite, the matter was one involving principles and interests of sufficient importance to British subjects generally to justify His. Majesty's Govern- ment in undertaking or assisting the appeal, as there appeared little probability that either the master or the owners would take proceedings on their own responsibility and at their own expense and risk.

We have taken the matter into our consideration, and, in obedience to your commands, have the honour to

Report-

That we have carefully considered the facts of this case, and are, on the whole, of opinion that it is desirable to prosecute appeals before the Uruguayan Courts on behalf of the master and the owners of the cargo before presenting any claim for compensation through diplomatic channels. No judgment on appeal can now give the master adequate redress, as he has already suffered the penalty of a long imprisonment, but it may possibly reverse, or will at least more clearly define. the grounds of judgment. This will simplify the controversy which will arise on the diplomatic claim, and preclude the Uruguayan Government from saying that His Majesty's Government have not adopted the usual course of exhausting all the means of local redress before having recourse to diplomatic measures.

We have, &c..

JOHN L. WALTON. W. S. ROBSON,

The Right Honourable

Sir Edward Grey, Bart., M.P.,

&c., &c.,

&c.

25 Wt 2643 3:06 D&S

& 23893

PUBLIC RECORD OFFICE

Reference :-

TEC.O.885

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16 PUBLIC RECORD OFFICE, LONDON

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