306 DIPLOMATIC CORRESPONDENCE. 



3fr. Wharton to iSlr Julian Fauncefote. 



Department of State, 



Washington, June 4, 1891. 

 Sir : I am directed by the President to say, in reply to your note of 

 the 3d instant, conveying- to tlie Government of the United States the 

 response of Her Majesty's Government to the proposal of Mr. Blaine 

 for a modus vivendi, relating to the seal fisheries in Behring Sea during 

 the present season — 



First. In place of the first and second subdivisions of the agreement, 

 as submitted to you, the President suggests the following: 



(1) The Government of Great Britain shall ijrohibit, until May, 1892, 

 the killing of seals in all that part of the Behring Sea lying east, east- 

 wardly, or southeastwardly of the line described in article 1 of the con- 

 vention between the United States and Russia, of date March 30, 18(57, 

 and will i^romptly take such steps as are best calculated effectixely to 

 insure the observance of this prohibition by the subjects and citizens of 

 Great Britain and all vessels flying its flag. 



(2) The Government of the United States shall prohibit, until May, 

 1892, the killing of seals in that part of Behring Sea above described, and 

 on the shores and islands thereof', the i)roperty of the United States (in 

 excess of 7,500 to betaken on the islands), and the Government of the 

 United "States will promptly take such steps as are best calculated ef- 

 fectually to insure the observance of this prohibition by the citizens of 

 the United States and the vessels flying its flag. 



These changes are suggested in order that the modus may clearly 

 have the same territorial extent with the pending prox)osals for arbitra- 

 tion; that the stipulation for a i)rohibition of seal-killing upon the 

 islands of tlu; United States may rest upon its own order; and that the 

 obligation of the respective governments to give prompt and vigorous 

 effect to the agreement may be more clearly apparent. 



Second. The pertinencj^ of the suggestion contained in the third sub- 

 division of Lord Salisbury's proposal is not apparent to the President. 

 The statutes of the United States explicitly j)rohibit the landing of any 

 vessels at the seal islands and the residence thereon of any person un- 

 less specifically authorized by the Secretary of the Treasury. It is, 

 therefore, obvious that no consular functions could be <lischarged upon 

 the islands by any representative of Her Majesty's Government. The 

 President regards this law as declaring an exception as to the residence 

 of consuls within the meaning of article 4 of the convention of com- 

 merce and navigation of December 22, 1815, between Her Majesty's 

 Government and the United States. If the i^roposal is intended to re- 

 late to the islands of St. Paul and St. George, and has for its object 

 access for such agents of the Government of Her Majesty as may be 

 ap])ointed to investigate facts that may be involved in tlie pending- 

 proposals for arbitration, or in the hearing before the Arbitrators, I am 

 dire(;tcd by the President to say that, in the event of an agreement for 

 ar])itration of the (piestions in dis])ute between (ireat Britain and the 

 United States, he would be willing to extend reasonable facilities to- 

 Great Britain for the investigation at the islands of any facts involved 

 in the (controversy. 



Tiiinl. Tlie fcmrtli clause of tlu'. i)ropos;d of Her Majesty's Govern- 

 ment, limiting the taking ellect of tlie modus rircndi upon the assent 

 of llussia, ijreseuts what seems to the President an insuperable difli- 



