213 



whether self-executing or not, becoming obligatory upon Great Britain 

 and the United States. I can not believe that this Tribunal will pro- 

 ceed upon any such ground as that now suggested by the Counsel for 

 Great Britain. 



During the argument much was said about the mode in which the 

 business of taking fur seals on the Pribilof Islands had been conducted 

 by the licensees of the United States. It was said then, and the sug- 



the riglit in any way to affect the decision of the arbitrators. We understand that 

 the arbitration is to proceed on the seven points which are contained in the articles 

 which yon and I certify were the very points agreed upon by the two Governments. 



"For Lord Salisbury to claim the right to submit this new point to the Arbitra- 

 tors is to entirely change the arbitration. The President might, in like manner, 

 submit several questions to the Arbitrators, and thus enlarge the subject to such an 

 extent that it would not be the same arbitration to which we have agreed. The 

 President claims the right to have the seven points arbitrated, and respectfully 

 insists that Lord Salisbury shall not change their meaning in any particular. The 

 matters to be arbitrated must be distinctly understood before the Arbitrators are 

 chosen. And after an arbitratiou is agreed to, neither of the parties can enlarge or 

 contract its scope. 



*'I am prepared now, as I have been heretofore, to sign the articles of agreement 

 without any reservation whatever, and for that purpose I shall be glad to have you 

 call at the State Department on Wednesday the 16th instant, at 11 o'clock a. m." 



Sir Julian Pauncefote, December 17, 1891: 



" I have the honor to inform you that I conveyed to the Marquis of Salisbury, by 

 telegram, the substance of your note of the 14th instant, respectiug the sixth article 

 of the proposed Bering Sea Arbitration agreement, and that I have received a reply 

 from his lordship in the following sense: 



"Lord Salisbury is afraid fhat, owing to the difficulties incident to telegraphic 

 communications, he has been imperfectly understood by the President. He con- 

 sented, at the President's request, to defer for the present all further discussion as 

 to what course the two Governments should follow in the event of the regulations 

 prescribed by the Arbitrators being evaded by a change of flag. It was necessary 

 that in doing so he should guard himself against the su])position that by such con- 

 sent he had narrowed the rights of the contending parties or of the Arbitrators under 

 the agreement. 



"But in the communication which was embodied in my note of the 11th instant, 

 his lordship made no reservation, as the President seems to think, nor was any such 

 word used. A reservation would not be valid unless assented to by the other side, 

 and no such assent was asked for. Lord Salisbury entirely agrees with the Presi- 

 dent in his objection to any point being submitted to the Arbitrators which is not 

 embraced in the agreement and, in conclusion, his lordship authorizes me to sign 

 the articles of the arbitration agreement, as proposed at the close of your note under 

 reply, whenever you may be willing to do so." (U. S. Case, vol. 1, App. 339 to 3-15). 



