22 



delay. On tliat understanding, therefore, I shall be prepared to attend 

 at the State Department for tlie purpose of signing the agreemeut at 

 such time as you may be good enough to appoint." TJ. S. Case, Vol. J, 

 App.^ p. 316. 



On the same day Mr. Wharton Avrote to Sir Jujian Pauncefote: " The 

 President directs me to say, in response to your note of this date, that 

 his assent to the proposition for a joint commission, as expressed in 

 my note of June 9, was given in the expectation that both Governments 

 would use every proper effort to adjust the remaining points of differ- 

 ence in the general correspondence relating to arbitration, and to agree 

 upon the definite terms of a submission and of the appoin tment of a joint 

 commission without unnecessary delay. He is glad that an agreenjent 

 has finally been reached for the i^ending season; and 1 beg to say that 

 if you will call at the Department at 10 o'clock Monday next, I will 

 be glad to put into writing and give formal attestation to the modus 

 Vivendi which has been agreed upon." U. S. Case, App.^ Vol, I, 

 p. 316. 



Under the assurance thus exacted by and given to the British Gov- 

 ernment the modus vivendi for 1891 was signed and the negotiations 

 in respect to the matters to be submitted to arbitration were resumed. 



Mr. Wharton, under date of June 25, 1891, addressed a conmiunica- 

 tion to Sir Julian Pauncefote, in which, after referring to the agree- 

 ment of the parties in respect to the first five questions and to the 

 objection that Lord Salisbury liad made to the sixth question, asform- 

 ulaied by Mr. Blaine, said: 



"I am now directed by the President to submit the following, which 

 he thinks avoids the objecfion urged by Lord Salisbury: 



(6) If the determination of the foregoing questions as to the exclu- 

 sive jurisdiction of the United States shall leave the subject in such 

 position that the concurrenceof Great Britain is necessary to the estab- 

 lishment of regulations for the proper protection and preservation of 

 the fur seal in, or hahitually resortinr/ to, the Bering Sea, the arbi- 

 trators shall then determine what concurrent regulations outside the 

 jurisdictional limits of the respective Governments are necessary, and 

 over toliat waters such regulations should, extend; and to aid them in 

 that determination the report of the Joint Commission to be appointed 

 by. the respective Governments shall be laid before them, with such 

 Dther evidence as either Government may submit. The contracting 

 parties furthermore agree to cooperate in securing the adhesion of 

 other j)owers to such regulations." 



