MODUS VIVENDI OF 1891 AND ARBITRATION. 317 



He is .jniad that an agreeiiieut has finally been readied for the peuding 

 season; and I V)C}^- to say that, if you will call at the De])artmcnt at 10 

 o'e.lock Monday next, I will be i;lad to [)ut into writing and give formal 

 attestation to the modus vicendi wliicli has been agreed upon. 

 I have, etc., 



William F. Wharton, 



Acting Secretary. 



Modus Vivendi respecting the fur-seal fislieries in Behring Sea. 



BY THK TKESIDENT OF THE UNITED STATES OK AMEUICA. 

 A PROCLAMATION. 



Whereas an agreement for a modus vivendi between the Government 

 of the United States and the Government of Her Britannic Majesty, in 

 relation to the fur-seal fisheries in Behring Sea, was concluded on the 

 fifteenth day of June, in the year of our Lord one thousand eight hun- 

 dred and niuety-one, v^^ord for word as follows: 



Agreement between the Government of the United States and the Government of Her 

 Britannic Majesty for a modus vivendi in relation to the fur-seal fisheries in Behring 

 Sea. 



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

 friendly settlement of the question 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 Behring Sea lying eastward of tlie line of demarcation described in Article No. 

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

 its best efforts to ensure the observance of this prohibition by British subjects and 

 vessels. 



(2) The United S-tates Government will prohibit seal killing for the same period 

 in the same part of Behring Sea and on the shores and islands thereof, the property 

 of the United States (in excess of 7,599 to be taken on the islands for the subsistence 

 and care of the natives), and will ])romptly use its best efforts to ensure the observ- 

 ance of this prohibition by United States citizens, and vessels. 



(3) Every vessel or person offending against this prohibition 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 alone 

 have jurisdiction to try the offense and impose the penalties for the same. The wit- 

 nesses 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 Government may 

 desire to make, with a view to the presentation of the case of that Government be- 

 fore arbitrators, and in expectation that an agreement for arbitration may be arrived 

 at, it is agreed that suitable persons designated by Great Britain will be iiermittcd 

 at any time, upon application, to visit or to remain upon the seal islands during the 

 present sealing season for that piu'pose. 



Signed and sealed in duplicate at Washington, this tifteenth day of June, 1891, on 

 behalf of their respective Governments, by William F. Wharton, Acting Secretary 

 of State of the United States, and Sir Julian Pauncefote, G. C. M. G., K. C. B., H. 

 B. M Envoy Extraordinary and Minister Plenipotentiary. 



William F. Wharton [seal], 

 Julian Pauncefote [seal]. 



Now, therefore, be it known that I, Benjamin Harrison, President of 

 the United States of America, have caused the said agreement to bo 



