21 



the case, his lordship is disposed to authorize me to sign the agreement in 

 the precise terms formulated in your note of June 9, ]irovided the ques- 

 tion of a joint commission be not left in doubt, and that your Govern- 

 ment will give an assurance in some form that they will concur in a 

 reference to a joint commission to ascertain what permanent measures 

 are necessary for the preservation of the fur seal species iri the Northern 

 Pacific Occany TJ. 8. Case, ^PP-j ^ol. I, p. 315. 



To this letter Mr. Wharton replied on the same day, as follows: 

 "Sir: I have the honor to acknowledge the receipt of your note of 

 to-day's date, and in reply I am directed by the President to say that 

 the Government of the United States, recognizing t\\Q, fact that fnll and 

 adequate measures for the protection of seal life should embrace the 

 whole of Bering Sea and portions of the North Pacific Ocean, will have 

 no hesitancy in agreeing, in connection with Her Majesty's Government, 

 to the appointment of a joint commission to ascertain what permanent 

 measures are necessary for the preservation of the seal species in the 

 ivaters referred to, such an agreement to be signed simultaneously with 

 the convention for arbitration, and to be without prejudice to tlie 

 questions to be submitted to the arbitrators. A full reply to your note 

 of June 3 relating to the terms of arbitration will not be long delayed." 

 U. S. Case, App., Vol. I, pp. 315,316. 



Under date of June 13, 1801, Sir Julian Pauncefote wrote to Mr. 

 Wharton: "I lost no time in telegraphing to the Marquis of Salisbury 

 the contents of your note of June 11 convoying the assent of your Gov- 

 ernment to the appointment, in connection with Her Majesty's Gov- 

 ernment, of a joint commission for the purpose mentioned in my note 

 to you of the same date, such agreement to be signed simultaneoasly 

 with the convention for arbitration and to be without prejudice to the 

 questions to be submitted to the arbitrators. I informed his lordship 

 at the same time that, in handing me the note under reply, you had 

 assured me that the President was anxious that the commission should 

 be appointed in time to commence its work this season, and that your 

 Government woukl, on that account, use their utmost efforts to expedite 

 the signature of the arbitration convention. I now have the honor to 

 inform you that I liave this day received a telegraphic reply from Lord 

 Salisbury in which, while conveying to me authority to sign the pro- 

 I)osed agreement for a modus vivendi contained in your note of June 9, 

 his lordship desires me to place on record that it is signed by me on the 

 clear understanding that the joint commission will be appointed without 



