30 AMERICAN DIPLOMATIC QUESTIONS 



MODUS VIVENDI. 



1. Her Majesty's Government will prohibit, until May next, 

 seal killing in that part of Behring Sea lying eastward of the line 

 of demarkation described in Article No. 1 of the treaty of 1867 

 between the United States and Russia, " and will promptly use 

 its best efforts to insure the observance of this prohibition by 

 British subjects and vessels." 



2. The United States Government will prohibit seal killing-for 

 the same period in the same part of Behring Sea, and on the 

 shores and islands thereof, the property of the United States (in 

 excess of 7,500 to be taken on the islands for the subsistence and 

 care of the natives), and will promptly use its best efforts to 

 insure the observance of this prohibition by United States citi- 

 zens and vessels. 



3. Every vessel or person offending against this prohibition in 

 the said waters of Behring Sea outside of the ordinary territorial 

 limits of the United States, may be seized and detained by the 

 Naval or other duly commissioned officers of either of the High 

 Contracting Parties, but they shall be handed over as soon as 

 practicable to the authorities of the nation to which they respec- 

 tively belong, who shall alone have jurisdiction to try the offence 

 and impose the penalties for the same. The witnesses and proofs 

 necessary to establish the offence shall also be sent with them. 



4. In order to facilitate such proper inquiries as Her Majesty's 

 Government may desire to make, with a view to the presentation of 

 the case to that government before arbitrators, and in expectation 

 that an agreement for arbitration may be arrived at, it is agreed 

 that suitable persons designated by Great Britain will be per- 

 mitted at any time, upon application, to visit or to remain upon the 

 seal islands during the present sealing season for that purpose. 



Signed and sealed in duplicate at Washington, etc. 



The adoption of the modus vivendi put off, for a time at 

 least, all danger of collision in Bering Sea, and the diplomatic 

 agents of England and the United States set about framing a 

 treaty and preparing a way for the trial of the cause. In the 

 meantime English and American vessels were sent to 

 Bering Sea to control the waters wherein seals were to be 

 found and to enforce the modus vivendi. The commanders 

 of these vessels were given full liberty to search suspected 

 ships under either flag, and to arrest all offenders. 



In accordance with the agreement in the modus vivendi^ 



