508 APPENDIX TO CASE OF GREAT BRITAIN. 
With regard to the question to be submitted to the arbitrators, Lord 
Knutsford would suggest that Her Majesty’s Government should depre- 
cate the employment of so vague and elastic a term as “natural law.” 
Tam to point out, also, that Mr. Blaine, in the conversation with Sir 
J. Pauncefote reported in the latter’s despatch of the 7th February last, 
stated that no established principles of international Jaw would be in 
dispute, and he would probably object, therefore, to a specifie reference 
to international law. 
It appears to Lord Knutsford also to deserve consideration whether 
Mr. Tupper’s proposed form of question does not narrow rather than 
extend the range of acts for which the United States should be held 
responsible, as it is not impossible that, by ingenious argument, the 
arbitrators might be persuaded that proceedings otherwise not justifi- 
able were excusable under some alleged doctrine of international law. 
Lord Knutsford is disposed, therefore, to prefer the broader terms 
of reference suggested by Mr. Blaine in the Memorandum which he 
communicated to Sir J. Pauncefote on the 11th February last, namely, 
whether, under the circumstances existing at the time, the United 
States Government was justified in arresting and detaining the vessels 
that entered the Belring’s Sea for the purpose of killing fur-seals in 
the open sea. This would not prevent Her Majesty’s Government from 
invoking the principles of international law against the United 
460 States action, as indeed it is proposed to do in the reply to be 
given to Mr. Blaine’s note of the 22nd January, setting forth the 
grounds upon which he rests the justification of the seizures. 
IT am to observe, further, that Mr. Tupper does not say in his letter 
whether the Dominion Government are willing that the question of the 
amount of the damages, in the event of Mr. Blaine and Sir J. Pauncefote 
failing to agree, should be referred to the arbitrators to be selected to 
det ermine the question of the liability of the United States. 
Lord Knutsford would suggest, for Lord Salisbury’s consideration, 
that Sir J. Pauncefote should be desired to communicate with Mr. Tupper 
as to the points raised in this letter before submitting the matter to the 
United States Government, 
Iam, &e. 
(Signed) JOHN BRAMSTON. 
No. 328. 
The Marquis of Salisbury to Sir J. Pauncefote. 
| Telegraphic. ] 
FOREIGN OFFICE, May 8, 1890. 
What reception has Mr. Blaine given to the proposals embodied in 
the draft Convention for regulating the Behring’s Sea fur-seal fisheries 
which was sent home in your despateh of the 29th ultimo? 
Her Majesty’s Government would be glad to be kept informed by 
telegraph of any advance in the negotiations. 
