APPENDIX TO CASE OF GREAT BRITAIN. 783 
20 No. 40. 
Sir J. Pauncefote to the Marquis of Salisbury.*—( Received June 15.) 
WASHINGTON, June 5, 1891, 
My Lorp: With reference to my telegram of the 4th instant, I have 
the honour to inclose a copy of a note which I received yesterday from 
the Honourable William Wharton, the Acting Secretary of State, in 
reply to the counter-proposals of Her Majesty’s Government for a modus 
vivendi in Behring’s Sea, communicated by me to the United States 
Government in accordance with the instructions contained in your Lord- 
ship’s telegram of the 21d instant. 
I have, &c. 
(Signed) JULIAN PAUNCEFOTE. 
{Inclosure in No. 40.] 
Dlr, Wharton to Sir J, Pauncefote. 
DEPARTMENT OF STATE, Washington, June 4, 1891. 
Srr: I am directed by the President to say, in reply to your note of the 3rd instant, 
conveying to the Government of the United States the response of Her Majesty’s 
Government to the proposal of Mr. Blaine for a modus vivendi, relating to the seal 
fisheries in Behring’s Sea during the present season: 
First. In place of the first and second sub-divisions of the Agreement as submitted 
by you, the President suggests the following: 
1. The Government of Great Britain shall prohibit until May 1892 the killing of 
seals in all that part of Behring’s Sea lying east, eastwardly or south-eastwar dly of 
the line described in Article I of the Convention between the United States and 
Russia of date the 30th March, 1867, and- will promptly take such steps as are best 
calculated etfectively to insure the observance of this prohibition by the subjects 
and citizens of Great Britain and all vessels flying its flag. 
2. The Government of the United States shall prohibit, until May 1892, the killing 
of seals i in that part of Behring’s Sea above described, and on the shores and islands 
thereof, the property of the United States (in excess of 7,500 to be taken on the 
islands) ; and the Government of the United States will promptly take such steps as 
are best calculated effectually to insure the observance of this prohibition by the 
citizens of the United States and the vessels flying its flag. 
These changes are suggested in order that the modus vivendi may clearly have the 
same territorial extent with the pending proposals for arbitration; that the stipula- 
tion for a prohibition of seal-killing upon the islands of the United States may rest 
upon its own order, and that the obligation of the respective Governments to give 
prompt and vigorous effect to the Agreement may be more clearly apparent. 
Secondly. The pertinency of the ‘suggestion contained in the third sub-division 
of Lord Salisbury’s proposal is not apparent to the President. The Statutes of the 
United States explicitly prohibit the landing of any vessels at the seal islands, and 
the residence thereon of any person, unless specifically authorized by the Secretary 
of the Treasury. .It is, therefore, obvious that no Consular functions could be dis- 
charged upon the islands by any Representative of Her Majesty’s Government. The 
President regards this Law, as declaring an exception as to the residence of Consuls, 
within the meaning of Article IV of the Convention of Commerce and Navigation 
of the 22nd December, 1815, between Her Majesty’s Government and the United 
States. If the proposal is intended to relate to the Islands of St. Paul and St. 
George, and has for its object access for such Agents of the Government of Her 
Majesty as may be appointed to investigate facts that may be involved in the pend- 
ing proposals for arbitration, or in the hearing before the Arbitrators, I am directed 
by the President to say that, in the event of an agreement for arbitration of the 
questions in dispute between Great Britain and the United States, he would be will- 
ing to extend reasonable facilities to Great Britain for the investigation at the 
islands of any facts involved in the controversy. 
Thirdly. The fourth clause of the proposal of Her Majesty’s Government, limiting 
the taking effect of the modus vivendi upon the assent of Russia, presents what 
* Substance telegraphed and received June 4, 
