MODUS VIVENDI OF 1891 AND ARBITRATION. 311 



I heg to inclose a copy of it, aiul to request that you will be good 

 euougli to submit it to your Goverumeut for tbeir consideration. 

 I have, etc., 



Julian Pauncefote. 



AGREEMENT. 



[Inelosiirp in Sir Julian Panncefote's letter.] 



For tliP ■purpose of nvoidiiifi iriitatiiig flifterenros and ■with a yje^v to promote 

 friendly sottleiiieiit of tlie q nest ions pending between the two Governments, tuucliini; 

 tlieir respective rights in Behring .Sea and for preservation of the seal species, the 

 following agreement is made withont prejndice to the rights or claims of either 

 party : 



(1) Her Majesty's Government will prohibit, nntil May next, seal killing in that 

 part of Behring Sea lying eastward of the line of demarcation described in article No. 

 1 of the treaty of 1867 between the United States and Russia, and will promptly nse 

 best efforts to insnre observance of prohibition by British snbjects an<l A'ess(ds. 



(2) The United States Government will ]irohibit seal killing for the same period in 

 the same part of Bering Sea and on the shores and islands thereof', the property of 

 the United States (in -excess of 7,500 to be taken oil the islands as food skins, and not 

 for tax or shipment), and will promptly nse best efforts to insure observance of pro- 

 hibition by United States citizens and vessels. 



(3) Every oft'ending vessel or person may be seized and detained by the naval or 

 other dnly commissioned officers of either of the high contracting parties, but they 

 shall 1)6 handed over as soon as practicable to the authorities of the nation to which 

 they respectively belong, who shall alone have jurisdiction to try the olleuse and 

 im]iose the jjenalties for the same. 



The Avitnesses and proofs necessary to establish the oftense shall also be sent with 

 them, and the court adjudicating upon the case may order such portion of the fines 

 imposed, or of the proceeds of the condemned vessel, to be applied in payment of the 

 expenses occasioned thereby. 



(4) In order to facilitate such proper inquiries as Her Majesty's Government may 

 desire to make with a view to the jnescntatiou of the caseof that Government before 

 arbitrators, and in ex])ectation that an agreement for arbitration may be arrived at, 

 it is agreed that suitable persons designated liy (h'eat Ibitain will be permitted at 

 any tijue, upon application, to visit or to remain ui)on the seal islands during the 

 present sealing season for that purpose. 



(5) A counnission of four experts, two nominated by each Government, and a chair- 

 man nominated by the arbitrators, if apjioiuted, and, if not, by the aforesaid com- 

 mission, shall examine and report on the following question: 



What international arrangements, if any, between Great Britian and the United 

 States and Russia or any other Power are necessary for the ]>nrpose of preserving the 

 fur-seal race in the northern I'acific Ocean from extermination? 



(6) The Government of the ITnited States will join with that of Her Majesty in 

 requesting Russia to forbid her subjects from sealing to the east of the line indicated 

 in article No. 1 of the jiresent agreement until the 1st of May, 1«92. 



Mr. Wharton to Sir Julian Pauncefote, 



Department of State, 



Washinf/ton, June 9, 1891, 

 Sir: I am directed by tlie President, in response to your note of 

 June 8, delivered this morning, to say that he regrets that, at the moment 

 when the two Governments seemed to have reached an agreement in 

 this matter (which is one calling for the utmost promptness of action), 

 new conditions should be suggested by Lord Salisbury. With the 

 acceptance of the pro])()sition submitted in my last note, relating toiler- 

 mission to British agents to visit the seal islands, an agreement had 

 been reached upon all the conditions that had been previously discussed 



