184 APPENDIX TO ‘CASE OF GREAT BRITAIN. 
21 seems to the President an insuperable difficulty, as an adherence to that sug- 
gestion by Her Majesty’s Government will, in his opinion, prevent the couclu- 
sion of any Agreement, and will inevitably cause such a delay as to thwart the 
purposes which he must suppose both Governments have had in view. He is sur- 
prised that this result did not suggest itself to Lord Salisbury, and does not doubt 
that it will be apparent to him on a re-examination. I am also directed to remind 
you that the contention between the United States and Great Britain has been lim- 
ited to that part of Behring’s Sea eastward of the line of demarkation described in 
our Convention with Russia, to which reference has already been made, and that 
Russia has never asserted any rights in these waters affecting the subject-matter of 
this contention, and cannot, therefore, be a necessary party to these negotiations, if 
they are not now improperly expanded. Under the Statutes of the United States, 
the President is authorized to prohibit sealing in the Behring’s Sea within the limits 
described in our Convention with Russia, and to restrict the killing of seals on the 
islands of the United States; but no authority is conferred upon him to prohibit or 
make penal the taking of seals in the waters of Belring’s Sea westward of the line 
referred to or upon any of the shores or islands thereof. It was never supposed by 
any one representing the Government of the United States in this correspondence or 
by the President, that an agreement for a modus vivendi could be broader than the 
subject of contention stated in the correspondence of the respective Governments. 
Negotiations for an arbitration have been proceeding between the United States 
and Great Britain, and if these Powers are competent to settle by this friendly method 
their respective rights and relations in the disputed waters upon a permanent basis, 
it would seem to follow that no question could arise as to their competency to deal 
directly with the subject for a single season. If Great Britain now insists upon 
impossible conditions, viz., that the conclusion of the modus vivendi is to be delayed 
until, and made contingent upon the assent of Russia to stop the killing of seals on 
its own islands and in its own waters, and upon the exercise by the President of 
powers not conferred by law, this would be, in his opinion, a practical withdrawal 
by Great Britain from the negotiations for a modus vivendi. This he would very much 
regret, and he confidently hopes that a reconsideration will enable Lord Salisbury 
to waive the suggestion of Russia’s participation in the Agreement, and the inclu- 
sion of other waters than those to which the contention between the United States 
and Great Britain relates. 
In case the terms of the modus virendi are agreed upon, the President suggests that 
a provision heretofore considered in another connection in the general correspond- 
ence, by which the naval or other duly commissioned officers of either party may 
arrest any offending vessel and turn it over at the nearest port of the nation whose 
flag it carries, for such judicial proceedings as the law provides, should be incorpo- 
rated here, the more effectually to carry out the stipulations of the respective Gov- 
ernments to prohibit their citizens and vessels from taking seals in the specified 
waters of Behring’s Sea. 
Having, with a view to an exigency which he has several times caused to be 
explained to you, promptly responded to the suggestions of your note of yesterday, 
the President directs me to say that he will be pleased to kave from Lord Salisbury 
a prompt response to these suggestions. 
I am further directed by the President to say that your note of the same date refer- 
ring to the conditions of the proposed arbitration, and stating the objection of Lord 
Salisbury to some points in the proposal of Mr. Blaine, will have the early attention 
of the President. 
Ihave, &c. 
(Signed) WILLIAM F. WHARTON, 
Acting Secretary. 
No. 41. 
Sir R. Morier to the Marquis of Salisbury.—( Received June 15.) 
ST. PETERSBURGH, June 10, 1891 
My Lorp: When your Lordship’s telegram of the 2nd instant, 
respecting the seal question in the Behring’s Sea, reached St. Peters- 
burgh on Wednesday morning, I chanced to be in Finland, whither I 
had gone for an indispensable change of air. M. de Giers also intended 
to proceed thither at the end of the week. The places where we were 
respectively staying were a considerable distance apart, and as I was 
