209 



Government would retain the right of raising the point suggested 

 " when the question of framing the regulations came before the Arbitra- 

 tors." He wished it understood that the Arbitrators would have full 

 discretion in the matter, and might attach " such conditions to the reg- 

 ulations as they may a priori judge to be necessary and just to the two 

 powers, in view of the difficulty pointed out." But to this suggestion 



seals in Bering Sea. France, Japan, and Russia replied with languid indifference ; 

 Great Britain never replied in writing; Germany did not reply at all; Sweden and 

 Norway said the matter was of no interest to them. Thus it will be again. Such a 

 proposition will postpone the matter indefinitely. 



"The President regards Lord Salisbury's second reservation, tlierefore, as a 

 material change in the terms of the arbitration agreed upon by this Government; 

 and he instructs me to say that he does not feel willing to take it into consideration. 

 He adheres to every point of agreement which has been made between the two 

 powers, according to the text which you furnished. He will regret if Lord Salis- 

 bury shall insist on a substantially new agreement. He sees no objection to sub- 

 mitting the agreement to the principal maritime powers for their assent, but he can 

 not agree that Great Britain and the United States shall make their adjustment 

 dependent on the action of third parties who have no direct interest in the seal 

 fisheries, or that the settlement shall be postponed until those third parties see fit 

 to act." 



Sir Julian Pauncefote, December 1, 1891, in acknowledgment of Mr. Blaine's 

 letter, said : 



"As regards the first reservation, Lord Salisbury observes that the statement con- 

 tained in your note that the clause leaves the arbitrators free to decide whether 

 regulations are needed or not, assures the same end as the proposed reservation, 

 which therefore becomes unnecessary and may be put aside. 



" With respect to the second reservation, his lordship states that it was not the 

 Intention of Her Majesty's Government to defer putting into practical execution any 

 regulations which the arbitriitors may prescribe. Its object is to prevent the fur- 

 seal fishery in Bering Sea from being placed at the mercy of some third power. 

 There is nothing to prevent such third power (Russia, for instance, as the most 

 neighboring nation), if unpledged, from stepping in and securing the fishery at the 

 very seasons and in the very places which may be closed to the sealers of Great 

 Britain and the United States by the regulations. 



" Great circumspection is called for in this direction, as British and American 

 sealers might recover their freedom and evade all regulations by simply hoisting the 

 flag of a nonadhering power. 



"How is this difficulty to be met? Lord Salisburj^ suggests that if, after the 

 lapse of one j^ear from the date of the decree of regulations, it shall appear to either 

 Government that serious injury is occasioned to the fishery from the causes above 

 mentioned, the Government complaining may give notice of the suspension of the 

 regulations during the ensuing year, and in such case the regulations shall be sus- 

 pended until arrangements are made to remedy the complaint. 



"Lord Salisbury further proposes that, in case of any dispute arising between the 



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