APPENDIX TO CASE OF GREAT BRITAIN. 815 
49 [Inclosure in No. 78.] 
Memorandum. 
The following instructions have been issued to the British Senior Naval Officer at 
Esquimalt: : 
He is to proceed to Behring’s Sea with Her Majesty’s steam-ships ‘‘ Nymphe” and 
“Pheasant,” and cruize to the eastward of the line of demarcation mentioned in 
Articles 1 and 2 of the modus vivendi, warning all British vessels found acting in 
ignorance of the prohibition. 
” He i is to confiscate the sealing equipment of any British vessel found deliberately 
offending, recording her name and the name of her master, for prosecution after wards. 
He is to arrest any American vessel found deliberately offending, and record her 
name and the name of her captain, together with the proof of the offence for which 
she is arrested, informing the United States eruizers. 
Her Majesty’s ship ‘‘ Porpoise” will be ordered from China to join the other ships 
under his command. 
Her Majesty’s Government are of opinion that there should be an understanding 
between the two Governments for mutual indemnities. 
A cruizer of one nation arresting a vessel of the other can only be justified in 
doing so as the agent of such other nation, and should therefore act in that character. 
Her Majesty’s Government therefore suggest that the two Governments should 
agree to indemnify each other in respect of any acts committed in pursuance of such 
agency by the cruizers of one nation against the vesscls of the other in execution 
of the modus vivendi. 
Sir J. Pauncefote to the Marquis of Salisbury.—(Received July 4.) 
[Telegraphic.] 
WASHINGTON, July 4, 1891. 
I have the honour to inform your Lordship that Mr. Wharton, the 
Acting Secretary of State, has addressed to me a note stating that the 
President i is about to designate two persons to visit the Behring ©’s Sea 
for the purpose of examining all questions connected with seal | life in 
that sea and the adjacent waters. Mr. Wharton, therefore, proposes 
that arrangements should be made to have the Agents of the Ee pera 
Governments go together, so that they may make their observations 
conjointly. He awaits such communications as Her Majesty’s Govern- 
ment may desire to make on the subject. 
Mr. Wharton informs me by word of mouth that the Agents whom 
the President is about to appoint will be nominated as members of the 
Joint Commission, and as he presumes that the same course will be 
followed by Her Majesty’s Government with regard to Sir G. Baden- 
Powell and Mr. Dawson, the object of the proposal is that all the mem- 
bers of the Joint Commission should have the advantage of making 
the necessary investigations and inquiries in the course of the present 
seal fishery season. 
I await instructions from your Lordship as to the reply I should 
address to the United States Government. 
