PROPOSED INTERNATIONAL MEASURES, 1890. 223 



Tlie andorsioiied is in consequence instincted formally to protest 

 against snch interference, and to declare that Her Britannic ]\IaJesty',s 

 Government must hold the Government of the United States res})onsi- 

 ble for tlie conse([ueiices that may ensne from acts which are contrary 

 to the established principles of international law. 

 The undersigned, etc., 



Julian PAUNCEroTE. . 

 June 11, 1890. 



Sir Julian Faunce/ote to Mr. Blaine. 



Washington, Jane 37, 18D0. 



Sir: I did not fail to transmit to the Marquis of Salisbury a.copy of 

 your note of the 11th instant, in which, with reference to his lordship's 

 statement that British legislatioji would be necessary to enable Her 

 Majesty's Government to exclude British vessels from any portion oi 

 the high seas "even for an hour," you informed me, by desire of the 

 President, that the United States Government would be satisfied " if 

 Lord Salisbury would by public proclamation simply request that ves- 

 sels sailing under the British flag should abstain from entering the 

 Behring Sea during the pieseut season." 



I have now tlie honor to inform you that I have been instructed 4>y 

 Lord Salisbury to state to you in reply that the President's request 

 presents constitutional difficulties which would preclude Her Majesty's 

 Government from acceding to it, except as part of a general sclieme for 

 tlie settlement of the Behring Sea controversy, and on certain condi- 

 tions which would justify the assumption by Her Majesty's Govern- 

 ment of the grave responsibility involved in the proposal. 



Those conditions are: 



I. That the two Governments agree forthwith to refer to arbitration 

 the question of the legality of the action of the United States Govern- 

 ment in seizing or otherwise interfering with British vessels engaged 

 in the Behring Sea, outside of territorial waters, during the years 1886, 

 1887, and 1889. 



II. That, pending the award, all interference with British sealing 

 vessels shall absohitely cease. 



III. That the United States Government, if the award slunild be ad- 

 verse to them on the question of legal right, will comi>ensate British 

 subjects for the losses which they may sustain by reason of their com- 

 pliance with the British proclamation. 



Such are the three conditions on which it is indispensable, in the view 

 of Her Majesty's Government, that the issue of the iiroposed proclama- 

 tion should be based. 



As regards the compensation claimed by Her Majesty's Government 

 for the losses and injuries sustained by British subjects by reason of the 

 action of the United States Government against British sealing vessels 

 in the Behring Sea during the years 1886, 1887, and 1889, 1 have already 

 informed Lord Salisbury of your assurance that the United States Gov- 

 ernment would not let that claim stand in the way of an amicable ad- 

 justment of the controversy, and 1 trust that the reply which, by direc- 

 tion of Lord Salisbury, I have now the honor to return to the President's 

 inquiry, may facilitate the attainment of that object for which we have 

 so long and so earnestly labored. 

 1 liave^ etc.^ 



Julian Pauncefotb. 



