186 ORAL ARGUMENT OF SIR CHARLES RUSSELL, Q. C. M. P. 



occurred — it was never supposed by anyone representing the Govern- 

 ment of the United States — that the Modus Vivendi could be broader 

 than the subject of contention. Now in the next sentence he says: 



Negotiations for an Arbitration have been proceeding between the United States 

 and Great Britain, and if these Powers are competent to settle by this friendly 

 method their respective rights and relations in the disputed waters 



always a limitation of area 



upon a permanent basis, it would seem to follow that no question could arise as to 

 their competency to deal directly with the subject for a single senson. If Great 

 Britain now insists upon impossible conditions, viz, that the conclusion of a modus 

 Vivendi is to be delayed until and made contingent upon the assent of Russia to stop 

 the killing of seals on its own islands and in its own waters, and upon the exercise 

 by the President of powers not conferred by law, this would be, in his opinion, a prac- 

 tical withdrawal by Great Britain from the negociations for a modus vivendi 



and so on. 



Then comes the memorandnm from Sir Julian Pauncefote, with 

 which I do not think I need trouble you. But, finally, on the 9th of 

 June, Mr. Wharton wrote i)roposiug the Modus Vivendi which was 

 ultimately actually adopted; and in the letter on the subject you will 

 find this passage, on page 312. 



As to the third clause of your proposition, I am directed to say that the contention 

 between the United States and Great Britain has relation solely to the respective 

 rights of the two Governments in the waters of Behring Sea, outside ordinary ter- 

 ritorial limits, and the stipulations for the co-operatiou of the two Governments 

 during this season have, of course, the same natural limitation. This is recognized 

 in Articles I and II of your proposal 



and then he goes on to argue the point. 

 Then comes the Agreenieut, which he sets out at page 313. 



An Agreement between the Government of Her Britannic Majesty, and so on, 



943 for the purpose of avoiding irritating differences, and with a view to promote 



friendly settlement of the questions pending between the two Governments 



touching their respective rights iu Behring Sea and for the preservation of the seal 



species, the following Agreement is made. 



At this time, it is clear that the fifth question which I am now upon, 

 had been already settled and determined, as appears from a letter of 

 the 14th April, 1891. This therefore is the modus vivendi. 



Her Majesty's Government will prohibit uutil May next seal killing in that part 

 of Behring Sea lying eastward of the line of demarcation. 



and so on. 



The United States Government in the same part of Behring Sea will prohibit seal 

 killing for the same period. 



Then: 



Every vessel or person offending against this prohibition in the said waters of 

 Behring Sea 



and so forth. 



And now comes, at page 353, a letter of the 24th February 1892, from 

 Mr. Blaine to Sir Julian Pauncefote. 



We have now passed the time of the agreement to the Treaty. 



I am in receipt of your favour of the 19th. You therein inform me that Lord Salis- 

 bury cannot express any opinion on the subject of the modus vireridi until he knows 

 ■what we desire to projiose. I am glad to hear that Lord Salisbury contemplates a 

 modus. 



This is the Modus Vivendi of 1892. 



