362 DIPLOMATIC CORRESPONDENCE. 



cline to (Tiscuss a suggestion wliicli only his respect for Lord Salisbury 

 and his belief tliat his lordship has a due appreciation of the gravity of 

 this discussion enable him to treat with seriousness. 



We should doubtless have to pursue and capture upon the sea many 

 of the owners of those vessels to secure the bonds suggested, and as 

 the condition is to be that the obligors shall pay " any damages which 

 the Arbitrators may adjudge," while the treaty gives the Arbitrators no 

 power to adjudge any damages, the transaction would be without risk 

 to the obligors and of no value to ns. 



This Government can not consent to have what it believes to be its 

 rights destroyed or impaired pending their determination by an agreed 

 tribunal, however adequate the security offered. The reference in my 

 last note to the inconsistency of Her Majesty's Government in denying 

 responsibility for the acts of the Canadian sealers was not intended to 

 suggest a willingness on our part under any circumstances to see our 

 property converted into a claim for damages, and particularly as such 

 a claim can not now be heard or determined by the Arbitrators without 

 a reformation of the treaty, for his hirdsliip must remember that while 

 he now offers what he mistakenly calls " security for satisfying any 

 damages which the Arbitrators may adjudge," he has already carried 

 his point in the treaty that the Arbitrators shall have no jurisdiction to 

 award any damages. 



As to his lordship's suggestion, that Canadian sealers may have some 

 claim for compensation if Great Britain shall restrain pelagic sealing, 

 the President directs me to say that he is not able to see how the citi- 

 zens or subjects of either of the treaty powers can by any rule of law or 

 equity support any claim against their respective governments growing 

 out of such necessary trade restraints as the governments may lawfully 

 im])ose to promote the larger considerations of the public goxl and in- 

 ternational peace. 



Tlie suggestion that the conclusions of the Board ot Arbitration may 

 not be reached arid announced in time to govern the conduct ot the 

 parties during the season of 1893 is, I thiidc, fully provided against by 

 the treaty itself 



His lordship is mistaken as to the time that has elapsed since the 

 signing of the ])elagoa Bay agreement with Portugal. It is not four 

 years old, but less than one, the date of signing being June 13, ISUl. 



If the present treaty is promptly ratitied and exchanged our nmtual 

 interest Avould be an am])le guaranty against delay. The President 

 has found no obstacle in the way of such a consummation, except the 

 belief now unfortunately very prevalent here tlmt the refusal of Great 

 Britain to agree to the preservation of the status quo of the property 

 during the Arbitration, and her insistence that pelagic sealing shall go 

 on, to the injury, if not destruction, of our rights, largely defeats the 

 object of the treaty. 



The President directs me to say, in conclusion, that the modus of last 

 year is the least that this Government can accept. In reason, the re- 

 straints, after a treaty of arbitration, should be more absolute, not less. 

 He does not desire to protract this discussion, and having now in the 

 most friendly spirit submitted the considerations which support the 

 just demand of this Government that the property which is the subject 

 of an agreed arbitration shall not be subject to spoliation pending the 

 arbitration, he expresses the hope that Lord Salisbury will give a 

 prompt and friendly assent to renew the modus. 



The President will hear with regret that Her Majesty's Government 

 continues to assert a right to deal with this subject precisely as if no 



