28 



ments, as early as December 18, 1891, had signed tlie text of tlie arti- 

 cles that were to go into the treaty, thereal'ter to be put in ibrin, and 

 by one of which articles it was required that the regulations in-escribed 

 by the arbitrators should look to the proper protection and preservation, 

 not simply of the fur seals in Bering Sea, but such as habitually 

 resorted to that sea. 



He was also aware of the fact that as early as June 11, 1891, in 

 giving assurance that he would unite in the appointment of a Joint 

 Commission to ascertain what measures were necessary for the ])reser- 

 vation of these fur seals, the President had distinctly informed the 

 British Minister that adequate measures to that end ^' should embrace 

 the whole of Bering Sea and portions of tlie North Pacific Ocean." 

 So, in his letter to Sir Julian Pauncefote of February 24, 1892, before 

 the treaty was signed, Mr. Blaine, referring to the proposed modus 

 Vivendi for 1892, said: "If Her Majesty's Government would make her 

 eiforts most eifective, the sealing in the North Pacific Ocean sliould be 

 forbidden; for there the slaughter of the, mothers heavy with young is 

 greatest. This would require a notice to the large number of sealers 

 who are preparing to go forth from British Columbia. The nund)er 

 is said to be greater than ever before, and witliout any law to regulate 

 the killing of seals the destruction will be immense. All this suggests 

 the need of an effectiv^e modus. Holding an arbitration m regard to 

 the rightful mode of taking seals, while their destruction goes forward, 

 would be as if, while an arbitration to the title of land were in progress, 

 one party should remove all the timber." Mr. Blaine would not have 

 suggested that, pending the arbitration, the modus for 1892 be made 

 applicable both to Bering Sea and the North Pacific Ocean, if he had 

 not supposed tliat the treaty which he was about formally to conclude 

 on behalf of his Government, invested the Arbitrators with authority 

 to establish regulations applicable to all the waters traversed by tliese 

 seals in their migration routes from and to the Pribilof Islands. Two 

 days after writing the letter last referred to, Mr. Blaine communicated 

 to Sir Julian Pauncefote a copy of a telegram, tliat day received by him 

 from the United States consul at Victoria, in relation to the large 

 number of sealing vessels about to sail, and said: " I think from this 

 you will sec that if we do not come to an understanding soon, there 

 will be no ]ieed of our agreement relating to seals in the North Pacific 

 or in the Bering Sea." U. S. Case, Vol. J, App. 853-4. 



Sir Julian Pauncefote replying, under date of February 28, 1892, 



