MODUS VIVENDI OF 1801 AND ARBITRATION. 343 



T liopo, tlicrefore, that on further consideration the President will rec- 

 ognize the importance of arriving- at some understanding of the kind 

 suggested in my note of the 1st instant. 

 1 have, etc., 



Julian Pauncefote. 



Mr. Blaine to Sir Julian Fauncefote. 



Departjient of State, 



Washington, Decemher 10, 1801. 



SiE : In reply to yonr note of the 8th instant, I have the following 

 observations to make: 



First. Ever since the Behring Sea question has been in dispute (now 

 nearly six years) not one ship from France or Germany has ever engaged 

 in sealing. This affords a strong presumption that none will engage in 

 it in the future. 



Second. A still stronger ground against their taking part is that they 

 can not afford it. From France or Germany to Bering Sea by the 

 sailing lines is nearly 20,000 miles, and they would have to make the 

 voyage with a larger ship than can be profitably employed in sealing. 

 They would have to start from home the winter preceding the sealing 

 season and risk an unusually hazardous voyage. When they reach the 

 fishing grounds they have no territory to which they could resort for 

 any purpose. 



Third. If we wait until we get France to agree that her ships sliall 

 be searched by American or British cruisers we will wait until the last 

 seal is taken in Behring Sea. 



Thus much for France and Germany. Other European countries 

 have the same disabilities. Eussia, cited by Lord Salisbury as likely 

 to embarrass the United States and England by interference, I should 

 regard as an ally and not an enemy. Nor is it probable that any Amer- 

 ican country will loan its flag to vessels engaged in violating the 

 Bdiring Sea regulations. 



To stop the arbitration a whole mouth on a question of this charac- 

 ter promises ill for its success. Some other less important question 

 even than this, if it can be found, may probably be started. The effect 

 can only be to exhaust the time allotted for arbitration. We must act 

 mutually on what is X)robable, not on what is remotely possible. 



The President suggests again that the proper mode of i:)roceeding is 

 for regulations to be agreed upon between the United States and Great 

 Britain and then submitted to the principal maritime powers. That is 

 an intelligent and intelligible process. To stop now to consider the 

 regulations for outside nations is to indefinitely postpone the whole 

 question. The President, therefore, adheres to his ground first an- 

 nounced that we must have the Arbitration as already agreed to. He 

 suggests to Lord Salisbury that any other process might make the Ar- 

 bitration impracticable within the time sx^ecified. 

 I have, etc., 



James G. Blaine. 



