MODUS VIVENDI OF 1891 AND ARBITRATION 307 



enlt/, as an adherence to that sng-gestion by Her Majesty's Govermnent 

 will, in his opinion, prevent the conclnsion of any agreement, and will 

 inevitably canse sneh a delay as to thwart the pnrj)oses which he nnist 

 snppose both governments have had in view. lie is surprised that this 

 result did not suggest itself to Lord Salisbury, and does not doubt that 

 it will be apparent to him on a reexamination. I am also directed to 

 remind you that the contention between the United States and Great 

 Britain has been limited to that part of Behring Sea eastward of the 

 line of deuuirkation described in our convention with Eussia, to which 

 reference has already been made, and that Russia has never asserted 

 any rigiits in these waters affecting the subject-matter of this conten- 

 tion, and can not therefore be a necessary party to these negotiations 

 if they are not now improperly expanded. Under the statutes of the 

 United States the President is authorized to i)rohibit sealing in the 

 Behring- Sea within the limits described in our convention with Russia 

 and to restrict the killing of seals on the islands of the United States, 

 but no authority is conferred upon him to prohibit or make penal the 

 taking of seals in the waters of Behring Sea westward of the line referred 

 to or upon any of the shores or islands thereof. It was never sui)posed 

 by anyone representing the Government of the United States in this 

 correspondence, or by the President, that an agreement for a modus 

 Vivendi could be broader than the subject of contention stated in the 

 correspondence of the respective governments. 



Negotiations for an arbitration have been proceeding between the 

 United States and Great Britain, and, if these powers are competent 

 to settle by this tVieudly method their respective rights and relations 

 in the disputed waters upon a permanent basis, it would seem to follow 

 that no question could arise as to their comi)eteucy to deal directly with 

 the subject for a single season. If Great Britain now insists upon iin- 

 l^ossiblc conditions, .viz, that the conclusion of the modus vivendi is to 

 be delayed until, and made contingent upon, the assent of Russia to 

 stop the killing of seals on its own islands and in its own waters, and 

 upon the exercise by the President of powers not conferred by law, 

 this would be, in his opinion, a practical withdrawal by Great Britain 

 from the negotiations for a modus vivendi. This he would very much 

 regret, and he confidently hopes that a reconsideration will enable 

 Lord Salisbury to waive the suggestion of Russia's participation in the 

 agreement and the inclusion of other waters than those to which the 

 contention between the United States and Great Britain relates. 



In case the terms of the modus vivendi are agreed upon, the President 

 suggests that a provision, heretofore considered in another connection 

 in the general correspondence, by which the naval or other duly com- 

 missioned ofticers of either party may arrest any offending vessel and 

 turn- it over at the nearest port of the nation whose flag it carries for 

 such judicial proceedings as the law i)rovides, should be incorporated 

 here, the more ett'ectually to carry out the stipidations of the respective 

 governments to prohibit their citizens and vessels from taking seals in 

 the specified waters of Behring Sea. 



Having, with a view to an exigency which he has several times 

 caused to be explained to you, promptly responded to the suggestions 

 of your note of yesterday, the President directs me to say that he will 

 be pleased to have from Lord Salisbury a prompt response to these 

 suggestions. 



I am further directed by the President to say that your note of the 

 same date, referring to the conditions of the prox^osed arbitration, and 



