MODUS VIVENDI OF 1891 AND ARBITRATION. 309 



Mr. Wharton to ISir Julian Pauncefote. 



Department of State, 



Washington, June 0, 1891. 



Sir: I am directed by tbe President to say that lie lias received Avitli 

 great satisfaction tlie iioteof Loixl Salisbury of to-driy's date in reply to 

 my note of IIk; 4t]i instant. lie directs me to ask you to remind Lord 

 Salisbury tliat tbe Hniitation of tlie killing of seals upon the islands is 

 absolutely within the control of the United States, as a daily count is 

 made by sworn ofiicers, and to inform him that already, in order to as- 

 sure such control pending these negotiations, the agents of the Treasury 

 Department, who have been disjiatched to the seal islands, have been 

 insructed to stop the killing when 7,500 have been taken and to await 

 the arrival of further orders, though ordinarily the taking of seals on 

 tlie islands does not begin until about July 1. The enforcement of an 

 agreed limitation being so fully in the control of the United States, the 

 President is sure that Lord Salisbury will not question the absolute 

 good faith of this Government in observing its stipulation to limit the 

 catch to 7,500. This Government could not, of course, consent to any 

 arrangement that inii)lied such a doubt or involved any foreign super- 

 vision on the islands. If the prompt and effectual recall of the fleet of 

 Canadian sealers now at sea was as fully within the control of Great 

 Britain the President would not have suggested the provision for the 

 arrest by either party of vessels violating the prohibition, but would 

 have rested confidently in the assurance given by Her Majesty's Gov- 

 ernment. 



But in view of the fact that the evidence whicli the respective Gov- 

 ernments will present to the Arbitrators (if that happy solution of the 

 pending difticulties shall be attained) must be collected during the 

 present season, and as the definite agreement for arbitration can not be 

 concluded contemporaneously with this agreement, the President directs 

 me to say that he is quite willing to agree that Her Majesty's Govern- 

 ment may send to the seal islands, with a view to collecting the facts 

 that may be involved in an arbitration, and especially facts relating to 

 seal life and to the results of the methods which have been x)ursued in 

 the killing of seals, a suitable person or persons to make the necessary 

 observations. The present and the comparative conditions of the rook- 

 eries may become an important consideration before arbitrators in a 

 certain event, and the President would not ask that the evidence upon 

 this subject should be wholly from one side. He is desirous that the 

 prohibition of the killing of seals for this season shall be as wide and 

 absolute as possible, and will not omit the exercise of any power con- 

 fided to him by law to promote that end. He directs me to assure Lord 

 Salisbury that he is extremely desirous to bring to a speedy conclusion 

 the pending negotiations for the submission to impartial arbitration of 

 the poiiits of difference between the two Governments, and regrets that, 

 for reasons which have been explained to you, an immediate answer can 

 not be returned to his lordship's note upon that subject of the 2d in- 

 stant. He feels sure, however, that the prompt announcement of an 

 agreement for a modus for this season, while there is yet time to make 

 it mutually effective, will not fail to have a happy influence upon the 

 final negotiations. 



It is hoped that authority may be given to you, as the representative 

 of Her Majesty's Government at this capital, to conclude, immediately 

 upon the passage of the bill now pending iu Parliament, the following 

 agi cement; 



