3U8 DIPLOMATIC CORRESPOND KiNOE, 



stating the objection of Lord Salisbury to some points iu the proposal 

 of Mr. Blaine, will have the early attention of the President. 

 1 have, etc., 



William F. Wharton, 



Acti)i(j iSecretary. 



Sir Julian ranncefote to Mr. Wharton. 



British Legation, 



Washington, June 6', 1891. 

 Sir: Immediately on the receijit of your note of the 4th instant, 

 relative to the proposed modus vivendi in Behring Sea, I communicated 

 its contents to the Marquis of Salisbury by telegraph. I have now the 

 honor to inform you that late last night I received a telegraphic reply 

 from his lordship, of which the substance is contained in the inclosed 

 memorandum. 



I have, etc., 



Julian Pauncefote. 



BEHRING SEA MODUS VIVENDI. 

 [Inclosiire iu Sir Julian Pauncefote's letter. — Memorandmn.] 



Her Majesty's Governmeut accept the proposal of tlie President tliat the modus 

 Vivendi, if agreed upon, should provide tliat " the naval or other duly commissioned 

 officers of either party may arrest anj^ ofl'endiug vessel and turn it over to the nearest 

 port of the nation whose tiag it carries for such judicial proceedings as the law jiro- 

 vides." By accepting this proposal Her Majesty's Government give to the cruisers 

 of the United States the power of supervising the conduct of British suhjects iu 

 observing the proposed agreement at sea. This is a concession which, in Lord Salis- 

 bury's opinion, entitles Her Majesty's Government to ask from the United States the 

 corresponding i)0wer of supervising the proceedings of the United States citizens on 

 the seal islands. It is on the fidelity with which the condition of not killing more 

 than 7,500 seals is observed that the equalityof the projiosed agreement depends. 

 Her Majesty's Government, therefore, regard it as indispensable that' they should 

 have the right of satisfying themselves that this condition is fully observed by citi- 

 zens of the United States. If there be an objection on the j)art of the United States 

 Government to issuing an exequatur to a permanent consul on the seal islands. Lord 

 Salisbury suggests that they can, under the statute, "specifically authorize" the 

 residence thereon of a British agent during the present season. 



His lordship will not insist on the condition that Russia shall be a party to the 

 agreement, but he must earnestly press the United States Government to extend the 

 prohibition to their citizens and vessels over the entire area of Behring Sea. In tliat 

 case Her Majesty's Government on their part will similarly extend the prohibition to 

 British subjects and vessels. 



Lord Salisbury points out that, if seal-hunting be prohibited on one side of a purely 

 imaginary line drawn in the open ocean, while it is permitted on the other side of the 

 line, it will be impossible iu many cases to prove unlawful sealing or to infer it from 

 the possession of skins or fishing tackle. 



In conclusion, Lord Salisbury states that Her Majesty's Government consider it a 

 matter of great importance that the two Governments should agree on the terms of 

 arbitration at the same time as on a modus Vivendi. The suspension of sealing is not 

 a measure which they could repeat another year. 



Julian PAUNCJiFOXfi. 



