MODUS VIVENDI OF 1891 AND AEBITEATION. 319 



Behring tSea, modus vivendi. 



[Memoiandmu.] 



Washington, Jnne 33, 1891. 



The following^ instructions liave been issued to the British senior 

 naval ofhcer at Esquiniault: He is to proceed to Behring Sea with Her 

 Majesty's ships Nymphe and I'heasant and cruise to the eastward of the 

 line of demarcation mentioned in articles 1 and 2 of the modus vivendi, 

 warning" all British vessels found acting in ignorance of the prohibition. 

 He is to conliscate the sealing e<|uipment of any British vessel found 

 deliberately oftending, recording her name and the name of her master 

 for prosecution afterwards. He is to arrest any American vessel found 

 deliberately offending and record her name and the name of her cai)- 

 tain, together with the proof of the offense for which she is arrested, 

 informing United States cruisers. 



Her Majesty's ship Porpoise will be ordered from Chiiui to join the 

 other ships under his command. Her jMajesty's Government are of 

 opinion that there should be an understanding between the two Gov- 

 enunents for mutual indemnities. A cruiser of one nation arresting a 

 vessel of the other can only be justified in doing so as the agent of such 

 other nation, and should therefore act in that character. 



Her Majesty's Government, therefore, suggest that the two Govern- 

 nuMits shall agree to indemnify each other in respect of any acts com- 

 mitted in pursuance of such agency by the cruisers of one nation against 

 the vessels of the other iu execution of the modus vivendi. 



Julian Pauncefote. 



Mr. Wharton to Sir Julian Pauncefote. 



Department of State, 



Washington, June 25, 1891. 

 SiE : TIu^ correspondence between this Government and that of Her 

 JMajesty has happily resulted in an agreement upon the first five i)r()p- 

 ositions, which are to constitute the basis of a proposed arbitration 

 relating to the controversy whicli has arisen as to the respective riglits 

 of the two Governments in the Behring Sea. In the note of Lord Salis- 

 bury of the 21st of February last lie states his objection to the sixth 

 proposition, as presented in the letter of Mr. Blaine of December 17, 

 1890, in the following words: 



The sixth r|nestion, wliicli deals with the issues that will arise iu case the coutro- 

 versy should he decided iu favor of Great Britaiu, would, perhaps, uiore fitly form 

 the substance of a separate refereuce. Her Majesty's Goveruuient have no objection 

 to referring- the general (luestion of a closed time to arbitration, or to ascertain by 

 that means how far the enactment of such a provision is necessarj^ for the preserva- 

 tion of the seal species; but such reference ought not to contain words appearing to 

 attribute special and abnormal rights in the nuitter to thi; United States. 



I am now directed by the President to submit the following, which 

 he thinks avoids the objection urged by Lord Salisbury: 



(0) If the determination of the foregoing questions as to the exclusive 

 jurisdiction of the United Statics shall leave the subject in such posi- 

 tion that the concurrence of Great Britain is necessary to the establish- 

 ment of regulations for the proper protection and the preservation of 

 the fur seal iu, or habitually resorting to, the Behring Sea, the arbitrators 



