302 ALASKA INDUSTRIES. 



were in tlie salt houses before the signing of the modus vivendi and 

 the President's proclamation. 



From Juue 15 to receipt of the President's proclamation containing 

 the modus vivendi, to wit, July 2, on St. Paul, and July 8, on St. George, 

 there were 4,471 seals killed by the lessees as part of their quota. 

 After careful consideration of the modus vivendi, by myself and the 

 other agents, it was determined that the 4,471 seals killed since June 

 15 should be deducted from the 7,500 named in Art. II, of the inter- 

 national agreement, thus leaving but 3,029 to be taken for the " sub- 

 sistence and care of the natives" from July 2, 1891, to May 1, 1892. 



The assertion by the British Bering Sea commissioners that the 

 7,500 seals to be taken for the " subsistence and care of the natives," 

 as provided in Art. II of the modus vivendi, has been exceeded, is not 

 warranted by the facts nor by their views expressed to me in conver- 

 sation upon that subject. On July 28 Sir George Baden Powell and 

 Dr., G. M. Dawson, the British commissioners, called on me at the 

 Government house on St. Paul Island, and after an exchange of views 

 upon seal life and the presence of sealing vessels in Bering Sea the 

 following conversation occurred, in substance: 



I remarked that the President's ])roclamation states very distinctly 

 that the international agreement closes May 1, 1892, but gives no date 

 when it commences other than the date of signature. When do you 

 say that your Government will commence to prevent seals being caught 

 in Bering Sea! Sir George answered. From the signing of the agree- 

 ment. Do I understand, then, I inquired, that your Government did 

 not agree to prevent sealing prior to June 15? He answered. Yes; and 

 that is not all; our Government must have reasonable time after the 

 15th to notify its officers and get its war vessels into the sea before it 

 can be required to enter upon the fulfillment of its part of the con- 

 tract. I said I was very glad to get his views as to the time covered 

 by the modus vivendi ; that Article II, which related to that part of the 

 agreement that my Government was to observe, permitted for the same 

 period, to wit, June 15 to May next, 7,500 seals to be killed "for the 

 subsistence and care of the natives." He answered, ISTo; your Govern- 

 ment is permitted to kill only 7,500 seals for the season. I replied 

 that the, word season was not in the agreement. He asked me to let 

 him take the proclamation, which I held in my hand, and after care- 

 fully reading it, said, I admit that your interpretation 1-s correct, but 

 have you not other instructions! I answered. Yes; but if in any way 

 my former instructions are inconsistent with the proclamation I am re- 

 quired to be governed by the latter. He replied that it was the under- 

 standing of his Government that only 7,500 seals should be taken this 

 season, and that the President had no right to issue such a proclama- 

 tion. I said to him that the agreement in the proclamation was signed 

 by the representatives of both Governments, and that I could not do 

 otherwise than follow the wording of the modus vivendi. He remarke<l, 

 You are correct as to the reading of the proclamation, but I think our 

 Government intended that only 7,500 seals should be taken during the 

 season. 1 asked him what he meant by the season. He answered, 

 The period of time within which seals are usually killed. I replied that 

 the time varied from year to year, and that I could not be governed by 

 what anyone might say was the intention of the two Governments, but 

 that I must be guided solely by my instructions. He answered. Of 

 course, you are right according to the wording of this proclamation; 

 and then asked me to let him retain the copy which I had handed him 



