MODUS VIVENDI OF 1891 AND ARBITRATION. 321 



Uiiited States or to the lessees from that GovernnieTit of the privilege 

 of taking seals oil the Pribilof Islands by reason of the killing of seals 

 in the Behring Sea by persons acting under the protection of the British 

 flag, outside of the ordinary territorial limits, and since the 1st day of 

 January, 188(3, if such killing shall be found to have been an infraction 

 of the rights of the United States. 



It being understood that an arrangement for a Joint Commission is 

 to be made contemporaneously with the conclusion of the terms of 

 arbitration, I am directed by the President to propose the following 

 separate agreement: 



Each Government shall appoint two Commissioners to investigate 

 conjointly with the Commissioners of the other Government all the 

 facts having relation to seal life in Behring Sea and the measures neces- 

 sary for its proper protection and preservation. The four Commis- 

 sioners shall, so far as they may be able to agree, make a joint report 

 to each of the two Governments; and they shall also report, either 

 jointly or severally, to each Government on any points upon which 

 they may be unable to agree. These reports shall not be made public 

 until they shall be submitted to the Arbitrators, or it shall appear that 

 the contingency of their being used by the Arbitrators can not arise. 

 I have, etc., 



William F. Wharton. 



ilfr. Wha'^-fon to Sir JvUan Pauncefote. 



Department of State, 



Washington, June 36, 1891. 

 Sir: In accordance with the request contained in your note of the 

 21st instant, I have the honor to transmit to you herewith a letter ad- 

 Iressed by the Acting Secretary of the Treasury to William H. Wil- 

 iams, Esq., special agent in charge of the seal fisheries in Alaska, 

 nstriicting him to afitbrd to Sir George Baden Powell, M. P., and Prof, 

 jreorge Mercer Dawson, agents of Her Britannic Majesty to the Pribi- 

 [of Islands, the facilities desired to enable them to examine into the 

 Eur-seal fisheries in Behring Sea. 

 I have, etc., 



William F. Wharton. 



Mr. Wharton to Sir Julian Pauncefote. 



Departivient of State, 

 Washington^ June 26, 1891. 



The Acting Secretary of State presents his compliments to the British 

 Minister, and has the honor to state that the memorandum that Sir 

 Julian Pauncefote left at the Department of State on the 24t;h instant; 

 relative to the instructions given to Her Britannic Majesty's vessels in 

 Behring Sea, was immediately communicated to the Navy Department 

 for its information. 

 41 



