APPENDIX TO COUNTER-CASE OF GREAT BRITAIN. 297 



ernincTit for dealiuj;' fully with the Keport, but the (xovernmont of Her 

 I>iitannic Majesty would be i)rei)ared tocoiujur with the [Jnit(;d States 

 Government in agreeing to a further extension of time, should the 

 United States Government re<|uire it. 



You will deliver to Mr. Foster a co])y of this despatch, as forming the 

 answer of Her Majesty's Government to his note of tlie 27th ultimo, and 

 you will present to him at the same time the accompanying copies of 

 the volume containing the lieport of the British Commissioners. 

 6 Copies of the volume will be forwarded to each of the Arbitra- 



tors, and Her Majesty's Government propose also to forward to 

 them copies of Mr. Foster's note and of this despatch. 



I am, &(i. 



(Signed) Eosebery. 



No. 3. 

 Mr. Herlert to the Earl of Rosebcry. — {Received Wovemher 21.) 



Washington, November 9, 1892. 



My Lord: With reference to my telegrams of to-day, 1 called at the 

 Department of State this morning at the re(|uest of Mr. Foster, when 

 he handed me a note containing the rei)ly of the United States Govern- 

 ment to your Lordship's despatch of the 13th ultimo in regard to the 

 Behring Sea Arbitration. 



After briefly recapitulating the principal points of this communica- 

 tion, copy of which I have the honour to inclose herewith, he stated 

 that I might consider the difficulty which had arisen between the two 

 Governments as settled, but he wished at the same time to make it 

 clear to me that the United States Government had accepted the Keport 

 of the British Beliring Sea Commissioners as [)art of the original British 

 Case, under the assumption that it contained all the evidence on which 

 Her Majesty's Government intend to rely in regard to pelagic sealing 

 and the habits of the far-seal, and that no fresh matter relating to these 

 subjects would be introduced into the British Counter-Case except in 

 reply to the questions raised in the United States Case. Should they, 

 however, have been mistaken in this assumption, they intended to insist 

 on their interpretation of the Treaty before the Tribunal of Arbitration, 

 and to oppose the submission to the Arbitrators of any matter which 

 might be inserted in the British Counter-Case which, in the oi)inion of 

 the United States, would not be justified as relevant by way of reply 

 to their Case. 



I expressed my gratification at the settlement of the question, and 

 asked him whether the United States required the extension of time 

 offered by your Lordship for the preparation of their Counter-Case. 



Mr. Foster replied that the offer had been communicated to the United 

 States Counsel, but that he did not think any extension of time would 

 be required. He would, however, suggest unofficially, in view of your 

 Lordship's offer, that the time fixed in the Treaty for the presentation 

 of the printed Argument should be extended by thirty days for the 

 reasons contained in a short Memorandum which he gave me, copy of 

 which I have the honour to inclose. He was anxious, he contiiuied, to 

 have your Lordship's opinion as to this suggestion, which he would 

 make officially in a few days; and he hoped that the form of Agree- 



