300 APPE1ST)IX TO COUNTER-CASE OF GREAT BRITAIN. 



Having thus expressed the views entertainefl by the Government of the United 

 States upon the argument of Lord Rosebery in sniijiort of his interpretation of the 

 Treaty, it remains for me to add that I am instructed by tlie President to say that he 

 appreciates the spirit of ecpiity and liberality in which Lord Rosebery, while insist- 

 ing upon his own interpretation, practically to some extent at least, and 1 hope fully, 

 yields to the Government of the United States the benelit of its interpretation by 

 furnishing to the latter the separate Report of Her Majesty's Commissioners, with 

 the permission that the same be treated as part of the original Case on the part of 

 Great Britain. If, as 1 believe and assume, this Report contains substantially all 

 the matter which Her Majesty's Government will rely upon to support its conten- 

 tions in respect to the nature and habits of fur-seals, and the modes of capturing 

 them, I entertain a confident hope that all further difficulty upon the questions 

 discussed in this note may be avoided. 



I deem it necessary, however, to say that the Government of the United States 

 will, should occasion arise, firmly insist upon its interpretation of the Treaty, and 

 that it reserves the right to protest against and oppose the submission to, and recep- 

 tion by, the Arbitrators of any matter which may be inserted in the British Counter- 

 Case which may not be justified as relevant by way of reply to the Case of the 

 United States. 



The President is further gratified by the readiness manifested by Lord Rosebery 

 to concur with the Government of the United States in respect to such extension of 

 time as may be needed in dealing with the Report of which he has furnished a coj^y. 

 This friendly ofi'er will be communicated to the Counsel on behalf of the United States, 

 and their wishes will be made known to your Legation or the British Agent. 

 I have, &c. 



(Signed) John W. Fostek. 



[Inclosure 2 in No. 3.] 

 Mr. Blaine to Mr. Foster. 



17, Madison Place, Wmlirngton, Xor ember S, 1S9S. 



Sir: After an arbitration had been resolved upon between the American and Brit- 

 ish Governments, a si)ecial correspondence between the Department of State and 

 Lord Salisbury ensued, extending from early in July to the middle of November 1891. 

 The various subjects which were to be discussed, and the points which were to be 

 decided, by the Arbitrators in the affair of the Behring Sea were agreed upon in this 

 correspondence. 



A month later Sir Julian Pauncefote, the British Minister, and myself arranged the 

 correspondence and reduced the propositions and counter-propositions to a Memo- 

 randum which was signed by us on the 18th December. Subsequently, the questions 

 which had arisen between the two Governments concerning the jurisdictional rights 

 of the United States in the waters of the Behring Sea were expressed in the form of 

 a Treaty concluded at Washington on the 29th" February, 1892. This Treaty was 

 advised by the Senate on the 29th March, 1892, ratified by'the President on the 22nd 

 April, ratifications exchanged on the 7th May, and proclaimed on the 9th May, 1892. 



In all these steps, including the correspondence with Lord Salisbury, the Memo- 

 randum concluded between Sir Julian and myself, and the Treaty that was ulti- 

 mately proclaimed on the 9th May, 1892, and which was negotiated by Sir Julian and 

 myself, not one word was said or intimated respecting the question now raised by the 

 British Government as to a secondary submission of evidence after the first five points 

 set forth in Article VI had been decided by the Arbitrators. It was never intimated 

 that any other mode of proceeding should be had than that which is expressed in 

 Articles III, IV, and V of the Treaty. 



I shall be surprised if Sir Julian Pauncefote shall differ in the slightest degree 

 from this recital of facts. 

 I have, «fcc. 



(Signed) James G. Blaine. 



9 [Inclosure 3 in No. 3.1 



Memorandum of Agreement referred to in Mr. Blaine's Letter of November 8, 1S92. 



The following is the text of Articles for insertion in the Behring Sea Arbitration 

 Agreement as settled in the diplomatic correspondence between the Government of 

 the United states and the Government of Great Britain: 



1. What exclusive jurisdiction in the sea, now known as the Behring Sea, and what 

 exclusive rights in the seal fisheries therein, did Russia assert and exercise prior and 

 up to the time of the cession of Alaska to the United States? 



