THE GROWTH OF CANADA 289 



sumed. Nine British sealers were visited and 

 six of them were seized. This precipitated a 

 fervid diplomatic correspondence between Sec 

 retary Elaine and Lord Salisbury. His Lord 

 ship stood firm on the ground that British ves 

 sels must not be molested on the high seas. 

 The secretary, dropping the claim of mare 

 clausum, justified the action of the United 

 States on the ground that pelagic hunting under 

 the circumstances was contra bonos mores in 

 contravention of the general interest and wel 

 fare of mankind and was therefore to be sup 

 pressed, like piracy, without regard to the nor 

 mal freedom of the seas. By degrees, however, 

 the debate worked around to the proposal of 

 arbitration, with a provisional cessation of the 

 killing of seals. A modus vivendi was arranged 

 for the seasons of 1891 and 1892, under which 

 taking furs was prohibited, and experts were 

 set to work to ascertain all the facts of the 

 situation. Meanwhile a treaty of arbitration 

 was signed February 29, 1892, and duly ratified. 

 The tribunal of arbitration consisted of two 

 Americans, two representatives of Great Britain, 

 and one member appointed by the French, the 

 Italian, and the Swedish Governments respect 

 ively. It was entirely in keeping with the 



