211 



biirj^, signed tlieni, distinctly stating that they were signed as proijosed 

 in Mr. Blaine's note, that iwS, " ivithout any reservation ivhatever.^'' And, 

 now, it is contended that while this Tribunal may not make the adhe- 

 sion of other maritime powers to our Kegulations a condition precedent 

 to their being obligatory upon the United States and Great Britain, it 

 may, nevertheless, properly refuse to prescribe regulations that will 



stood his lordship's apprehension with reference to the reguhitions to be made by 

 the Arbitrators under that article. His fear is not that the other powers will reject 

 the regulations, but that they will refuse to allow the arrest by British and Amer- 

 ican cruisers of ships under their flag which may engage in the fur seal fishery in 

 violation of the regulations. Such refusal is liigiily probable in view of the 

 jealousy which exists as to the right of search on the liighseas, and the consequence 

 must iucvitably be that during the close season sealing will go on under other 

 flags. 



''It can not be the intention of the two Governments, in signing the proposed 

 agreement, to arrive at such a result. 



"I do not understand you to dispute that should such a state of things arise the 

 agreement must collapse, as the two Governments could not be expected to enforce 

 on their respective national regulations which are violated under foreign flags to 

 the serious injury of the fishery. 



"I hope, therefore, that on further consideration the President will recognize the 

 importance of arriving at some understanding of the kind suggested in my note of 

 the 1st instant." 



Mr. Blaine, December 10, 1891, in reply : 



"In reply to your note of the 8th instaut I have the following observations to 

 make: 



"First. Ever since the Bering Sea question has been in dispute (now nearly sis 

 years) not one ship from Franco or Germany has ever engaged in sealing. This 

 affords a strong presumption that none will engage in it in the future. 



"A still stronger ground against their taking part is that they can not afford it. 

 From France or Germany to Bering Sea by the sailing line is nearly 20,000 miles, and 

 tliey would have to make the voyage with a larger shiji tliau can bo profitably em- 

 ployed in scaling. They would have to start from home the winter j^receding the 

 sealing season, and risk an unusually hazardous voyage. When they reach the fish- 

 ing grounds they have no territory to which they could resort for any purpose. 



"Third. If Ave wait until we get France to agree that her ships shall be searched 

 by American or British cruisers we will wait until the last seal is taken in Bering 

 Sea. 



"Thus much for France and Germany. Other European countries have the same 

 disabilities. Russia, cited by Lord Salisbury as likely to embarrass the United 

 States and England by interference, I should regard as an ally and not an enemy, 

 Kor is it probable that any American country will loan its flag to vessels engaged in 

 violating the Bering Sea regulations. 



"To stop the arhitratiou a whole month ou a question of this charo.ctor promises 



