MODUS VIVENDI OF 1891 AND ARBITRATION. 313 



to liave been recognized by Lis lordsliip, and his proposal of sncli a 

 Commission was made part of tlie separate note discussing the terms of 

 arbitration presented by you on Juueo, and lias never until now ap- 

 peared in the correspondence relating to a modus vivendi. The Presi- 

 dent thinks the fourth clause, which has been accepted, makes ample 

 present provision, but will give a full consideration to the suggestion of 

 a Joint Commission in connection with the negotiation for arbitration. 



To the sixth and last clause the President directs me to say that, so 

 far as he is aware, no vessel bearing the Eussian Hag has at any time 

 intruded into the waters described in the proposed agreement. He is 

 entirely in .sympathy with the expressed desire of Lord Salisbury to 

 secure such limitations as to the hunting of seals in the whole of Belir- 

 ing Sea as will preserve to mankind this valuable industry; blithe does 

 not think that an agreement to unite in any joint note to Russia should 

 be interposed here and at this time. Moreover, Lord Salisbury will 

 jierceive that, in the present state of the Americvan law, if Russia sliould 

 ask for recipro<;al action by this Government west of the treaty line, the 

 President Avould be confronted with the same difficulty that prevented 

 Inm from extending the agreement with Her Majesty's Government to 

 the whole of Behring Sea. 



As the President understands, the adhesion of the two Governments 

 has been given in this correspondence to the following ])ropo^itions: 



For the purpose of avoiding irritating differences and with a view to 

 promote triendly settlement of the questions pending between the two 

 Governments, touching their respective rights in Behring Sea, and for 

 the preservation of the seal species, the following agreement is made 

 without prejudice to the rights or claims of either party: 



(1) Her Majesty's Government will prohibit, until May next, seal- 

 killing in that part of Bering Sea lying eastward of the line of demar- 

 cation described in article No. 1 of the treaty of 1807 between the United 

 States and Russia, and will promptly use its best efforts to insure the 

 observance of the prohibition by British subjects and vessels. 



(2) The United States Government will prohibit seal-kilUng for the 

 same i)eriod in the same part of Behring Sea and on the shores and 

 islands thereof, the property of the United States (in excess of 7,r)0() to 

 be taken on the islands for the subsistence and care of the natives), and 

 will promptly use its best efforts to insure the observation of this pro- 

 hibition by United States citizens and vessels. 



(3) Every vessel or person offending against this j>rohibition in the 

 said waters of Behring Sea, outside of the ordinary territorial limits of 

 the United States, may be seized and detained by the naval or other 

 duly commissioned officers of either of the high contracting parties, but 

 they shall be handed over as soon as practicable to the authorities of 

 the nation to which they respectively belong, who shall aloi;6 have juris- 

 diction to try the offense and impose the penalties for the same. The 

 witnesses and proofs necessary to establish the offense shall also be sent 

 with them. 



(4) In order to facilitate such proper inquiries as Her Majesty's Gov- 

 ernment may desire to nmke with a view to the presentation of the case 

 of that Government before Arbitrators, and in exiiectation that an 

 agreement for arbitration may be arrived at, it is agreed that suitable 

 persons designated by Great Britain will be xjermitted at any time, 

 upon application, to visit or to remain upon the seal islands during the 

 present sealing season for that purpose. 



The President directs me to inf )rm you that the Government of the 

 United States is ready to conclude this agreement, if it can be put into 

 40 



