811.114 Josephine K./204
The Canadian Chargé (Wrong) to the Secretary of State
Sir: I have the honour to acknowledge the receipt of your note of August 1st, 1931, with regard to the seizure by the United States Coast Guard on January 24, 1931, of the Canadian vessel Josephine K. It is observed that you do not feel yourself to be in a position to comment on the issues raised in my note No. 46 of March 16, 1931, until a decision has been rendered by the United States District Court for the Southern District of New York in proceedings undertaken with a view to the forfeiture of the Josephine K.
I am instructed to state that your reluctance to comment upon the issues at the present stage is fully appreciated, and that His Majesty’s Government in Canada is prepared to defer consideration of these issues until a decision has been rendered by the United States District Court in the proceedings. It is assumed that the Government of the United States will agree with the view that the jurisdiction of that court is dependent upon those issues, and that the question of jurisdiction is a matter to be finally determined, not [Page 87] by a tribunal of one of the high contracting parties, but in accordance with the provisions of Article IV of the Convention of January 23, 1924. It is understood, therefore, that in acquiescing in your proposal to defer consideration of these issues, the Government of Canada is not assenting to the view that the United States District Court is the appropriate tribunal to make a final determination on the question of jurisdiction under the Convention.
I have [etc.]