PROPOSED INTERNATIONAL MEASURES, 1890. 207 



comniissiou. It also makes provision for tlie ultimate settlement by 

 arbitration of any dilfeienees which the rei)ort of the commission may 

 still fail to adjnst, wlieieby the important element of liiiality is secured, 

 and in order to give to the ])roposed arrangement the widest interna- 

 tional basis, the draft provides that the other powers shall be invited 

 to accede to it. 



The above proposals are, of course, submitted ad referendum, and it 

 only now remains for me to commend them to your favorable consider- 

 ation and to that of the Kussian Minister. They have been framed by 

 me in a spirit of justice and conciliation, and with the most earnest de- 

 sire to terminate the controversey in a manner honorable to all parties 

 and worthy of the three great nations concerned. 

 I have, etc., 



Julian Pauncefote. 



(For inclosures see House Ex. Doc. No. 450, pp. 51-GO.) 



The Marquis of Salisbury to Sir Julian Pauncefote. 



[Left at the Departiuuiit of State on June 5 by Sir Julian I'anncefote.] 



ISo. 106.] Foreign Office, May 22, 1890. 



Sir : I received in due course your dispatch ISTo. 9, of the 23d January, 

 Inclosing <opy of Mr. Blaine's note of the 22d of that month, in answer 

 to the protest made on behalf of Her Majesty's Government on the 

 12th October last, against the seizure of Canadian vessels by the United 

 States revenue cutter Rush in Behriug Sea. 



The importance of the subject necessitated a reference to the Gov- 

 ernment of Canada, whose re])ly has only recently reached Her Maj- 

 esty's Government. The negotiations which have taken place between 

 Mr. Blaine and yourself aftbrd strong reavSon to hope that the difficul- 

 ties attending this question are in a fair way towards an adjustment 

 which Avill be satisfactory to both Governments. I think it right, how- 

 ever, to place on recoid, as briefly as possible, the views of Her JMaj- 

 esty's Government on the principal arguments brought Ibrward on be- 

 half of the United States. 



Mr. Blaine's note defends the acts complained of by Her Majesty's 

 Government on the following grounds: 



1. That " the Canadian vessels arrested and detained in the Behring 

 Sea were engaged in a pursuit that is in itself cow/ra honos mores — a 

 pursuit which of necessity involves a serious and permanent injury to 

 the rights of the Government and people of the United States." 



2. That the fisheries had been in the undisturbed possession and 

 under the exclusive control of Eussia from their discovery until the ces- 

 sion of Alaska to the United States in 18G7, and that from this date 

 onwards until 1886 they had also remained in the undisturbed posses- 

 sion of the United States Government. 



3. That it is a fact now held beyond denial or doubt that the taking 

 of seals in the open sea rapidly leads to the extinction of the species, 

 and that therefore nations not possessing the ten itory u[>on which seals 

 can increase tlieir mimbers by natural groAvth should reirain from the 

 slaughter of tliem in the open sea. 



Mr. Blaine further argues that the law of the sea and the liberty 



