MODUS VrVENPT OF l«ni AND ARBITRATION. 341 



Sir Julian FaunceJ'vtc to Mr. Blaine. 



British Legation, 

 Washington, December 1, 1891. 



Sir: I comimmicated by teleoTam to the Marquis of Salisbury tlie 

 substance of your note of tlie 27tli ultimo, respectiug- the two reserva- 

 tious which Her Majesty's Goveruiiieut desire to make in relation to 

 the sixth clause of the proposed Behriug- Sea Arbitration agreement, as 

 stated in my note of the 23d ultimo, and I have now the honor to in- 

 form you that I have received a reply from his lordshij) to the following" 

 effect : 



As regai^ds tlie first reservation Lord Salisbury observes that the 

 statement contained in your note that the clanse leaves the Arbitrators 

 free to decide whether regulations are needed or not, assures the same 

 end as the proposed reservation, which therefore becomes unnecessary 

 and may be put aside. 



With respect to the second reservation, his lordship states that it was 

 not the intention of Her Majesty's Government to defer putting into 

 practical execution any regulations which the Arbitrators may prescribe. 

 Its object is to i)revent the fur-seal fishery in Behring Sea from being 

 placed at the mercy of some third power. There is nothing to prevent 

 such third power (Eussia, for instance, as the most neighboring nation), 

 if unpledged, from stepping in and securing the fishery at the very 

 seasons and in the very places which may be closed to the sealers of 

 Great Britain and the Udited States by the regulations. 



Great circumspection is called for in this direction, as British and 

 American sealers might recover their freedom and evade all regulations 

 by simply hoisting the flag of a nonadhering power. 



How is this difliculty to be met? Lord Salisbury suggests that if, 

 after the lapse of one year from the date of the decree of regulations, it 

 shall appear to either Government that serious injury is occasioned to 

 the fishery from the causes above mentioned, the Government com- 

 plaining may give notice of the suspension of the regulations during 

 the ensuing year, and in such case the regulations shall be suspended 

 until arrangements are made to remedy the complaint. 



Lord Salisbury further proposes that, in case of any dispute arising 

 between the two Governments as to the gravity of the injury caused to 

 the fishery or as to any other fact, the question in controversy shall be 

 referred for decision to a British and an American admiral, who, if they 

 should be unable to agree, may select an umpire. 



Lord Salisbury desires me to ascertain whether some provision of the 

 above nature would not meet the views of your Government. 

 I have, etc., 



Julian Pauncefote. 



Mr. Blaine to Sir Julian Fauncefote. 



Department of State. 



Washington, December 2, 1801. 

 Sir : I have attentively read j^our note of the 1st instant and sub- 

 mitted it to the President. The President is unable to see the danger 

 which Lord Salisbury apprehends of a third nation engaging in taking 

 seals regardless of the agreement b(5t\veen Great Britain and the United 

 States. The dispute between the two nations has now been in progress 



