MODUS VIVENDI OF 1892. 363 



provision had been made for a settlement of the dispute; and, in tliat 

 event, this Government, as lias already been pointed out, will be com- 

 pelled to deal with the subject upon tlie same basis, and to use every 

 means in its power to protect from destruction or serious injury prop- 

 erty and jurisdictional ris;hts which it has long claimed and enjoyed. 



1 have the honor to be, with the highest consideration, sir, your 

 obedieut servant, 



William F. Whahton, 



Acting Secretary. 



Sir Julian Pauncefote to Mr. Wharton. 



Washington, March 2C, 1892. 



Sin: I have the honor to inform you that I have received the reply 

 of Her Majesty's Government to the note which you addressed to me 

 on the 22d instant, by direction of the President, on the subject of the 

 renewal of the modus vivendi in Behring Sea during the approaching 

 fur-seal fishing season. 



The Marquis of Salisbury states that notice has been given to the 

 owners of ships sailing for Behring Sea that both the agreements which 

 are at present under tliscussion between Great Britain and the United 

 States, that as to arbitration and that as to an immediate agreement, 

 may affect the liberty of sealing in Behriiig Sea. They have, therefore, 

 notice of their liability of possible interruption, and v^ill sail subject to 

 that notice. The question of time is not, consequently, urgent. 



I am to request you to inform the President that Her Majesty's Gov- 

 ernment concur in thinking that when the treaty shall have been rati- 

 fied there will arise a new state of things. Until it is ratitied their 

 conduct is governed by the language contained in the note which I 

 had the honor to address to Mv. Blaine on June 14, 1890. But, when 

 ratified, both parties must admit that contingent rights have become 

 vested in the other, which both desire to protect. 



Her Majesty's Government think that the prohibition of sealing, if 

 it stands alone, will be unjnst to British sealers, if the decision of the 

 Arbitrators should be adverse to the United States. They are, however, 

 willing, when the treaty has been ratified, to agree to an arrangemeiit 

 similar to that of last year, if the United States Government will con- 

 sent that the Arbitrators should, in the event of a decision adverse to the 

 United States, assess the damages which the prohibition of sealing shall 

 have inflicted on British sealers during the pendency of the Arbitra- 

 tion; and, in the event of a decision adverse to Great Britain, that tliey 

 should assess the damages which the limitation of a slaughter shall, 

 during the pendency of the Arbitration, have inflicted on the United 

 States or its lessees. 



As an alternate course, Her Majesty's Government are also willing, 

 after the ratification of the treaty, to prohibit sealing in the disputed 

 waters, if vessels be excepted from the prohibition which i^roduce a cer- 

 tificate that they have given security for such damages as tlie Arbitra- 

 tors may assess in case of a decision adverse to Great Britain; the Ar- 

 bitrators to receive the necessary authority in that behalf In this case 

 the restriction of the slaughter on the islands will not in point of equity 

 be necessary. 



Her Majesty's Government are unable to see any other than one of 



