366 APPENDIX TO CASE OF GREAT BRITAIN. 
{Inclosure 2 in No, 238.] 
Report of a Committee of the Honourable the Privy Council, approved by his Excellency 
the Governor-General in Council, on the 16th September, 1889. 
The Committee of the Privy Council have had under consideration a cable despatch, 
dated the 18th August, 1889, from Lord Knutsford, intimating that Her Maj- 
331  esty’s Government considers that it would be in a stronger position for dealing 
definitely with Behring’s Sea cases if appeals in 1886 seizures were pushed on, 
and the despatch goes on to say: ‘It is very unusual to press for diplomatic redress 
for a private wrong as long as there is a reasonable chance of obtaining it from the 
Tribunals of the country.” 
The Minister of Marine and Fisheries, to whom the cable despatch was referred, 
submits the annexed Report, in which the Committee concur. 
The Committee recommend that your Excellency be moved to forward a copy 
hereof and the annexed papers to the Right Honourable the Secretary of State for 
the Colonies. 
All which is respectfully submitted for your Excellency’s approval. 
(Signed) JOHN J. MCGEE, 
Clerk, Privy Council. 
{Inclosure 3 in No. 238.] 
Mr. Tupper to the Governor-General in Council. 
OTTAWA, September 9, 1889. 
The Undersigned has the honour to report that he has had before hima cable 
despatch from Lord Knutsford to your Excellency, dated the 18th August, 1889. 
This despatch intimates that Her Majesty’s Government considers that it would 
be in astronger position for dealing definitely with Behring’s Sea cases if appeals 
in 1886 seizures were pushed on. The despatch goes on to say: ‘‘It is very unusual 
to press for diplomatic redress for a private wrong as long as there is a reasonable 
chance of obtaining it from the Tribunals of the country.” 
The Undersigned desires to call attention to some of the correspondence which has 
already taken place upon this subject. 
It will be recollected that in July 1887 Her Majesty’s Principal Secretary of State 
for the Colonies expressed the desire of the Marquis of Salisbury that before any 
further representations are made to the United States Government with a view to 
obtaining reparation, that Her Majesty’s Government should be in possession of the 
record of the judicial proceedings in the District Court in Alaska. * 
Copies of records in United States District Court for the District of Alaska in the 
cases of “Onward,” ‘‘Carolena,” and ‘‘Thornton” were duly forwarded in August 
1887.t In acknowledging their receipt, the Marquis of Salisbury said: ‘‘I have 
further to request that you will endeavour to ascertain and report to me when it is 
probable that the appeals referred to in your despatches of the 2nd April, 1887, and 
of the 6th May, 1887, respectively, of the owners of the American ships which were 
seized on similar grounds, will come on for hearing, and whether any arrangement 
has been or can now in your opinion advantageously be made between the owners 
of the British and American vessels on the one side and the Government of the 
United States on the other, that one of these cases should be regarded as a test case, 
by which, in so far as the American legal Tribunals are concerned, the remaining 
cases might be held to be concluded. 
‘It must, however, be clearly understood that any such arrangement, if made, 
would only affect the legal remedies which were open to the masters and owners of 
these vessels in the American Courts, and would in no degree limit the right of Her 
Majesty’s Government, after all such legal remedies were considered to be exhausted, 
to intervene through diplomatic channels and on international grounds on behalf of 
such masters or owners.” 
The suggestion, that the United States should agree to a test case for submission 
to the United States Supreme Court, was never acted upon. The cases of the United 
States vessels referred to in this despatch as having been seized under circumstances 
similar to those of the British vessels were discontinued by consent of Counsel rep- 
resenting both private owners and the United States Government. 
No suit is, therefore, now pending before the Tribunals of the United States, with 
the exception of the case of the ‘‘W. P. Sayward,” a British ship, as hereinafter 
explained 
*Sir H. Holland, July 14, 1887. 
tThe Marquis of Salisbury to Sir L. West, August 10, 1887. 
