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order to protect tlie seal for tlie time living' upon the islands of the 

 United States and feeding therefrom. Second, whether a closed season 

 (dnring which the killing of seals in the waters of Bering Sea outside 

 the ordinary territorial limits shall be prohibited) is necessary to save 

 the seal-fishing industry, so vaUiable and imiwrtant to mankind, from 

 deterioration or destruction. And if so, third, what months or parts of 

 months should be included in such season, and over what waters it 

 should extend." U. S. Case, A2rp., Vol. J, p. 285, 286. 



The Marquis of Salisbury, in a letter of February 21, 1891, to Sir 

 Julian Pauncefote, expressed his assent to the first, second, and fourth 

 questions propounded by Mr. Bhxiue, and, after criticising the third 

 and fifth, proceeded: "The sixth question, which deals with the issues 

 that will arise in case the controversy should be decided in favor of 

 Great Britain, would perhaps more fitly form the subject of a separate 

 reference. Her Majesty's Government have no objection to refer the 

 general question of a close time to arbitration, or to ascertain by that 

 means how far the enactment of such a provision is necessary for the pres- 

 ervation of the seal species; but any such reference ought not to contain 

 words ai)pearing to attribute special and abnormal rights in the matter 

 to the United States." British Case, App., Vol III, pt. 2, p. 89 ; JJ. 8. 

 Case, App., Vol!l,p. 204. 



Replying, under date of April 14, 1891, Mr. Blaine observed that 

 although Lord Salisbury suggested a different mode of i)rocedure from 

 that embodied in the sixth question, the President did not understand 

 him as objecting to the question. He restated all the questions, leav- 

 ing the first, second, fourth, and sixth as originally proposed, and 

 reforming the third and fifth questions so as to read: 



"Third. Was the body of water now known as the Bering Sea 

 incUnled in the phrase 'Pacific Ocean' as used in the treaty of 1825 

 between Great Britain and liussia, and what rights, if any, in the 

 Bering Sea were held and exclusively exercised by Eussia after said 

 Treaty"? 



"Fifth. Has the United States any right, and if so what rigiit, of pro- 

 tection or i)roperty in the fur seals frequenting the islands of the 

 United States in Bering Sea when such seals are found outside the 

 ordinary three-mile limit *?" U. 8. Case, App., Vol. I, p. 295. 



At this period of the negotiations a correspondence intervened with 

 respect to a modus vivouli between the two Governments, regulating 

 the taking of fur seals in Bering Sea during the sealing season of 



