326 ALASKA INDUSTRIES. 



The word "arrangements" in said preamble, as I liave stated, can 

 only refer to these proijosed regulations for the season of IbOJ, for no 

 other agreement or arrangement than that contained in said regulations 

 has been entered into this year between the respective Governments as 

 to any of the award provisions, the arrangements for last season having 

 been by their terms limited to the sealing season of 1894. 



It may be pointed out that said order in council related only to the 

 special license and distinguishing flag; these were, however, the only 

 matters embraced in said regulations which depended upon the order in 

 council for their binding force, the remaining x^rovisions being optional 

 with tlie masters of vessels. 



That this word "arrangements " can only refer to the agreement of 

 understanding upon which said regulations were based on our part is 

 made clear by the use of the same Avord in the previous orders in coun- 

 cil of April 30 and June 27, 1894, respectively. In the order in council 

 of Ai^ril 30, 1894, it is recited — 



Until arrangements for giving further effect to articles 4 and 7 of the said sched- 

 uled provisions shall have been made between Her Majesty and the Government of 

 the United States, the following provisions should have efi'ect. * * * 



Following this order, to wit, on May 4, 1894, the President of the 

 United States signed and approved regulations for the season of 1894 

 based upon an agreement made by Sir Julian and myself for the respec- 

 tive Governments, articles 7 and 8 of which j)rovided for a special 

 license and distinguishing flag. 



The order in council following on June 27, 1894, contains this signifi- 

 cant language : 



And whereas arrangements have been made for giving further etfect to the said 

 articles and for regulating during the present year the fishing for fur seals in accord- 

 ance with the scheduled provisions. * * * 



It thus would seem that the word "arrangements" as contained in 

 the orders in council of April 30 and June 27, 1894, respectively, could 

 only mean the i)reliminary agreement upon which were based the regu- 

 lations of 1894; this agreement was expressly limited by its terms to 

 the sealing season of 1894. It would therefore seem to follow that the 

 reference to "arrangements" in the order in council of February 2, 

 1895, could only relate to the agreement as contained in the proposed 

 regulations approved by the President and transmitted to the British 

 Government as aforesaid. 



While, therefore, it would seem that the British Government by nec- 

 essary im])lication has ratified and recognized as subsisting the pro- 

 posed regulations, submitted as above, by the passage of the order in 

 council of February 2, 1895, I nevertheless recognize that this notifica- 

 tion and concurrence can at any time be withdrawn upon notice to our 

 Government. I feel it, however, to be ray duty to express deep regret 

 that the British Government should have communicated its declination 

 at this late period of the season after our consuls have been instructed 

 and our patrolling fleet has sailed under orders based on the assumption 

 that the i^rivileges afforded by said regulations should be accorded 

 during the present season as during last season to British as well as to 

 American vessels. It is to be regretted, also, that the chief reason 

 assigned for such declination — the seizure of the schooners Wanderer 

 and Favorite should not have prompted an early refusal to enter upon 

 preliminary negotiations for new regulations, thus saving much trouble 

 and uncertainty now apparentlj^ uini voidable. The British fleet engaged 

 in sealing last season numbered sixty vessels; of those the Wanderer 

 and Favorite were the only ones seized. Tliese seizures were made 



