2C4 ORAL ARGUMENT OF JAMES C. CARTER, ESQ. 



more or less to the same effect were made on the part of Mr. Blaine, 

 namely, that the i'resideut could not assent to any >such alteration of 

 the treaty; and in view of thatnnwillingness on the part of the United 

 States, Lord Salisbury withdrew his request and adopted the text of 

 the treaty as it stood, and, I think I may say, adopted the views of Mr. 

 Blaine in reference to it. That acceptance of the treaty as it stood 

 will be found on page 345 in the note of Sir Julian to Mr. Blaine: 



British Legation, Waslilngion, Decemher 17, 1891. 



Sir: I have the honor to iuform you that I conveyed to the Marquis of Salisbury 

 by telegram the substance of your note of the 14th instant respecting the sixth 

 article of the proposed Behring Sea Arbitratiou agreeuieut, aud that I have received 

 a reply from his lordsliip in the following sense: 



Lord Salisbury is afraid that, owing to the difficulties incident to telegraphic 

 coniiuunicatioiis, he has been imperfectly understood by the President. He consented, 

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

 course tlie two Governments should follow in the event of the regulations prescribed 

 by the Arbitrators being evaded by a change of Hag. It was necessary that in doing 

 so he should guard himself against the supjiosition that by such consent 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 otlier side, 

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

 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 Arbitratiou agreement, as proposed, at the close of your note 

 under rejily, whenever you may be willing to do so. 



I have, etc., Julian Pauncefote. 



- Of course that puts t'hat question at rest. 



Sir Charles Kussell, The view of the Government of Great 

 Britain, and the point which we intend to support is in the letter of 

 the 11th of December, 1891. 



Mr. Carter. Would you like to have that read? 



Sir Charles Eussell. Yes, if you kindly would. It is in the 

 second paragraph on page 344. 



Mr. Carter. The letter is short. It is from Sir Julian to Mr. 

 Blaine : 



British Legation, Wasliington, Decemher 11, 1S91. 



Sir: I have the honor to inform you that I telegraphed to the Marquis of Salisbury 

 the substance of your note of yesterday respecting the sixth article of the proposed 

 Behring Sea Arbitration agreement, and that I have received a replj^ from his lord- 

 ship to the following effect: In view of the strong opinion of the President, reiter- 

 ated in your note of yesterday, that the danger appreliended by Lord Salisbury, and 

 explained in my note of the 8th instant, is too remote to justify the delay which 

 might be incurred by guarding against it now, his lordshij) will yield to the Presi- 

 dent's appeal and not press ibr further discussion at this stage. 



Her Majesty's Goverument of course retain the right of raising the point when the 

 question of framing the regulations comes before the Arbitrators, and it is under- 

 stood that the latter will have full discretion in tlie matter, aud may attach such 

 conditions to the regulations as they may a in-'iori judge to be necessary aud just to 

 the two i)owers, in view of the difficulty pointed out. 



With tlie above observations Lord SaiisV)ury has authorized me to sign the text of 

 the seven articles and of the .Joint Commission article referred to in my note of the 

 23d ultimo, and it will give me much pleasure to wait upon you at the State Depart- 

 ment for tliat purpose at any time you may appoint. 



1 have, etc., Julian Pauncefote. 



Mr. Justice Harlan. Will you read the letter which is below that, 

 which is in reply to the note of the 11th. 

 Mr. Carter. Yes. This is the letter of Mr. Blaine to Sir Julian. 



