23 



In the same letter Mr. Wliarton submitted a proposal for the 

 appohitmeut of a Joiut Commission by the two Governments, in accord- 

 ance with the assurance given by the President in the letter of June 

 11, 1891, from Mr. Wharton to Sir Julian Pauncefote. The terms of 

 this proposal were accepted by Lord Salisbury, and they appear in 

 Article IX of the treaty. TJ. S. Case, Aj)})., Vol. I, pp. 319, 320. 



The British Government accepted the sixth question as thus formu- 

 lated, and that question constitutes Article VII of the treaty. I do 

 not find in any part of the diplomatic correspondence any criticism by 

 representatives of the British Government of that question as last 

 formulated. 



Other evidence throws light upon the inquiry whether it was not 

 well understood by the British Government, after the signing of the 

 modus Vivendi for 1891, if not before, that the inquiry as to what was 

 necessary to protect the fur seal race embraced both Bering Sea and 

 the North Pacific Ocean. 



The commission issued June 15, 1891, by Her Majesty to the two 

 commissioners appointed to investigate seal life recited that they were 

 appointed "for the purpose of inquiry into the conditions of seal life 

 and the precautions necessary for i)reventing the extermination of the 

 fur seal species in Bering Sea and other parts of the North Pacific 

 Ocean.^^ Substantially the same recitals were made in the letter of 

 instructions issued to those commissioners by the Marquis of Salisbury 

 under date of June 21, 1891. Subsequently, on tlu^, 15th January, 1892, 

 after the two Governments had agreed in writing upon the terms 

 embodied in and constituting Articles VI, VII, VIII, and IX of the 

 treaty, the Marquis of Salisbury issued another letter of instructions 

 to the British Commissioners, in which he said: "There are, however, 

 a few points to which Her Majesty's Government consider it desirable 

 that your special attention should be directed. You will observe that 

 it is intended that the re|)ort of the Joint Commissioners shall embrace 

 recommendations as to all measures that should be adopted for the 

 preservation of seal life. For this purpose it will be necessary to con- 

 sider what Eegulations may seem advisable, whether within the juris- 

 dictional limits of the United States and Canada, or outside those 

 limits. The Regulations which the Commissioners may recommend for 

 adoption within the respective jurisdictions of the two countries will, 

 of course, bo matter for the consideration of the respective Govern- 

 ments, while the regulations affecting waters outside the territorial 



