MODUS VIVENDI OF 1891 AND ARBITRATION. 339 



to have been sustained by the other or by its citizens, in connection with the claims 

 presented and urged by it, and, being solicitous that this subordinate question 

 should not interrupt or longer delay the submission and determination of the main 

 questions, do agree that either may submit to the Arbitrators any question of fact 

 involved in said claims and ask for a finding thereon, the question of the liability of 

 either Government upon the facts found to be the subject of further negotiation. 



I am glad to be able to annoiince to you tliat I have received by tele- 

 grapli the autliority of Lord Salisbury to accept the above clause on 

 behalt of Her Majesty's Government, and in doing so I beg to express 

 my gratilicationat this satisfactory solution of the difliculty which has 

 delayed the conclusion of the arbitration agreement. 

 I have, etc., 



Julian Pauncefote. 



Sir Julian Fauncefote to Mr. Blaine. 



British Legation, 



Washington, Novemher 23, 1891. 



Sir : I informed the Marquis of Salisbury of our proposal to sign the 

 text of the seven articles to be inserted in the Behring Sea Arbitration 

 agreement and of the Joint Commission article, as settled in the diplo- 

 matic correspondence, in order to record the progress made ui) to the 

 I)resent time in the negotiation. 



Lord Salisbury entirely approves of that proposal, but he has in- 

 structed me, before signing, to address a note to you for the purpose of 

 obviating any doubts which might hereafter arise as to the meaning 

 and effect of article 6, which is as follows : 



If the determination of the foregoing questions as to tlie exclusive jurisdiction 

 of the United States shall leave the sul)ject in such j)osition that the concurrence of 

 Great Britain is necessary to the establishment of regulations for the proper protec- 

 tion and the preservation of the fur seal in or habitually resorting to the Bering 

 Sea, the Arbitrators shall then determine what concurrent regulations outside the 

 jurisdictional limits of the respective governments are necessary, and over what 

 waters such regulations should extend; and, to aid them in that determination, the 

 report of the joint commission to be appointed by the respective governments shall 

 be laid before them, with such other evidence as either Government may submit. 

 The contracting powers furthermore agree to cooperate in securing the adliesion of 

 other powers to such regulations. 



Lord Salisbury desires to make the following two reservations on the 

 above article : 



His lordship understands, first, that the necessity of any regulations 

 is left to the Arbitrators, as well as the nature of those regulations, if 

 the necessity is in their judgment proved; secondly, that the regula- 

 tions will not become obligatory on Great Britain and the United States 

 until they have been accepted by the other maritime powers. Other- 

 wise, as his lordship observes, tlie two Governments would be simply 

 handing over to others the right of exterminating the seals. 



I have no doubt that you will have no difficulty in ( oncurring in tlie 

 above reservations, and subject thereto I shall be prepared to sign the 

 articles as ])roposed. 

 I have, etc., 



Julian Pauncefote. 



