502 APPENDIX TO CASE OF GREAT BRITAIN. 
I have now the honour to inclose a copy of the letter in which he 
informs me of the views of the Dominion Government as to the pro- 
cedure to be followed. 
From this letter it appears that the Canadian Government desire that 
| should endeavour to assess the amount of damages with Mr. Blaine, 
but that they would prefer a modification of the procedure suggested 
on the proposed reference to arbitration. 
I have the honour to request that I may be informed whether your 
Lordship approves of the modification in Mr. Blaine’s proposal suggested 
by the Canadian Government, and, if so, whether 1 am authorized to 
accept that proposal as so modified on behalf of Her Majesty’s Gov- 
ernment. 
I have, &e. 
(Signed) JULIAN PAUNCEFOTE. 
[Inclosure in No. 324.] 
Mr. Tupper to Sir J. Pauncefote. 
WASHINGTON, April 19, 1890. 
DEAR SIR JULIAN PAUNCEFOTE: Referring to the copies of your despatches of the 
7th and 11th February, addressed to Lord Salisbury, and which you handed to me, 
I have now to inform you that during my visit to Ottawa I discussed with my col- 
leagues the subject to which they refer. 
In the despatch of the 7th February you say Mr. Blaine was willing ‘‘to examine 
and assess the damages with me on the same principle as if the liability of his Gov- 
ernment were admitted, then to refer the question of liability to some eminent juris- 
consult for decision on written statements and answers submitted by the two Govy- 
ernments respectively.” 
It will be agreeable to the Canadian Government that you should endeavour to 
assess the amount of damages with Mr. Blaine. 
Touching Mr. Blaine’s proposal for ascertaining the liability, my colleagues think 
that it would be preferable to the mode suggested that a statement of the case * 
should be made, setting out all the facts connected with the action of the Revenue 
cutters of the United States concerning Canadian sealing-vessels, their crews, car- 
goes, papers, &c., in Behring’s Sea, and the question propounded upon such a 
statement should be whether the conduct of the United States in the premises was 
justifiable under the principles of international or natural law. 
The question ‘‘on written statements and answers submitted by the Governments 
respectively” should be submitted to two eminent Judges, one to be, say, the Chief 
Justice of the United States, the other an eminent member of the English Judiciary, 
to be named by the British Government. 
Yours, &c. 
(Signed) Cu. H. Tupper. 
No. 325. 
Foreign Office to Colonial Office. 
FOREIGN OFFICE, May 5, 1890. 
Srr: With reference to your letter of the 14th March last, I am 
directed by the Marquis of Salisbury to transmit herewith a copy of 
a despatch from Her Majesty’s Minister at Washington,* inclosing a 
copy of a letter addressed to him by Mr. Tupper, explaining the views 
of the Dominion Government as to the procedure to be followed 
455 in the proposed assessment of damages claimed on behalf of the 
owners of the British vessels seized in Behring’s Sea. 
*No. 324. 
* 
