532 APPENDIX TO CASE OF GREAT BRITAIN. 
No. 398. 
Sir J. Pauncefote to the Marquis of Salisbury.—( Received June 12. 
i : : = 
[Telegraphie.] 
WASHINGTON, June 11, 1890, 
Referring to my previous telegram of to-day, I presume that Her 
Majesty’s Government have no objection to refer to arbitration the 
question of the legal right of the United States Government to exclude 
British sealing-vessels from Behring’s Sea. 
If this be so, I should be glad to know whether they would consent 
that the proposed Proclamation should be issued on the express con- 
ditions that the United States Government shall not interfere with our 
flag this season, and, if the award be against them, shall at once pay 
damages for past interference, aud compensate British sealers for losses 
sustained by them in complying with the Proclamation. 
No. 359. 
The Marquis of Salisbury to Sir J. Pauncefote. 
[Telegraphic. } 
FOREIGN OFFICE, June 12, 1890. 
In reply to your telegram of yesterday, I have to state that there are 
serious constitutional difficulties in the way of your proposal. 
But it might save time if, without prejudice to either side, you could 
ask the Government of the United States whether, supposing her 
Majesty’s Government were to agree to issue a Proclamation, and as 
to its terms, the United States Government will agree to the three 
conditions formulated by you, namely, to refer the legality of their 
proceedings to arbitration, to abstain from any interference with the 
British flag, and, in case of an adverse award, to pay for damages 
resulting from the Proclamation. 
481 No. 360. 
The Marquis of Salisbury to Sir J. Pauncefote. 
(Telegraphic. ] 
FOREIGN OFFICE, June 12, 1890. 
Referring to my previous telegram of to-day’s date, if we could come 
to terms on this proposal we would suggest some such kind of Procla- 
mation as the following: 
‘‘Whereas, the United States and Her Majesty’s Government have 
agreed to refer to arbitration the legality of the action of the United 
States in making certain captures of British vessels in the Behring’s 
Sea; and whereas the United States have engaged if the award should 
be adverse to them to pay compensation not only for past interference, 
but for any loss arising from abstention from sealing consequent on this 
Proclamation. Captains are hereby requested not to seal in Behring’s 
Sea during the present season.” 
