Mr. Rockhill to Sir Julian Pauncefote.

No. 443.]

Excellency: Referring to previous correspondence concerning the question as to the presence of counsel on behalf of the United States Government at the trials of British vessels seized for violations of the Bering Sea award act, I have the honor to acknowledge with satisfaction the receipt of your note of the 25th ultimo, in which you state that Her Majesty’s Government sees no objection to the cases being watched as proposed by counsel for the United States, and that the counsel so employed should be permitted to examine the pleadings and to make suggestions to the British counsel; such suggestions, however, to be confined to the object of protecting the United States’ interests and not “to be admitted as regards the enforcement of the Bering Sea award act, the enforcement of that act being the duty of Her Majesty’s Government.”

The Department has, moreover, noted the further statement in your note to the effect that in existing circumstances Her Majesty’s Government is unable to consent to the United States Government being recognized in the trials in question as a party to the litigation with a “locus standi” before the court, but that the situation would be altered if the United States were to enter into an agreement to satisfy the judgment of the court if the seizure should be held to be wrongful, but that if the United States Government should be unwilling to assent to such an agreement for the payment of damages merely upon terms of being permitted to watch the cases an arrangement might be made by which the American Government should employ solicitors and counsel and conduct the prosecution of the suits in the name of the Crown.

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In reply I beg to say that your alternate propositions will receive from this Government the consideration which their importance demands.

I have, etc.,

W. W. Rockhill,
Acting Secretary.