848 APPENDIX TO CASE OF GREAT BRITAIN. 
the substance of instructions issued to the British cruizers in Behring’s 
Sea in pursuance of the modus vivendi, and suggesting that an Agree- 
ment should be come to between the Governments of Great Britain 
and the United States for mutual indemnities in respect of acts com- 
mitted by the cruizers of one nation against the vessels of the other in 
execution of that modus vivendi. 
As I informed your Lordship in my despatch of the 27th June, I 
received a communication from the Acting Secretary of State in reply, 
acquainting me that the above Memor: andum had been immediately 
transmitted to the United States Navy Department, for their infor- 
mation. 
No answer, however, being received to the proposal contained in the 
latter portion of the Memorandum, I addressed a note on the 8th 
instant to Mr. Wharton, copy of which I have the honour to inclose, 
requesting to be informed, at his earliest convenience, of the views of 
the United States Government with respect to the suggested A gree- 
ment, and i have now received a note from him, in reply, of which I 
have also the honour to inclose a copy. 
I have, we, 
(Signed) JULIAN PAUNCEFOTE., 
{Inclosure 1 in No. 126.] 
Sir J. Pauncefote to Mr. Wharton. 
NEWPORT, August 8, 1891. 
Sir: On the 23rd June last I had the honour to place in your hands a Memorandum, 
embodying the substance of the instructions issued to British cruizers in Behring’s 
Sea in pursuance of the modus vivendi signed on the 15th of that month. 
The Memorandum also contained a proposal for an Agreement between the Goy- 
ernments of Great Britain and of the United States for mutual indemnities in respect 
of acts committed by the cruizers of one nation against the vessels of the other in 
execution of the modus vivendi. To that proposal I have not as yet been favoured 
with areply, and I should be extremely obliged if you would be good enough to 
inform me, at your earliest convenience, of the views of your Government with 
respect to the suggested Agreement. 
I have, &c. 
(Signed) JULIAN PAUNCEFOTE. 
{Inclosure 2 in No. 126.] 
Mr. Wharton to Sir J. Pauncefote. 
DEPARTMENT OF STATE, Washington, August 17, 1891. 
Sir: I have the honour to acknowledge the receipt of your note of the 5rd instant, 
in which you refer to a Memorandum of the 23rd June, left with me the 24th June, 
in which you submitted a proposal for an Agreement between the Governments of 
Great Britain and the United States for mutual indemnities in respect of acts com- 
mitted by the cruizers of one nation against the vessels of the other in execution of 
the modus vivendi. 
The President desires me to say, in reply, that it seems to him to be quite unnatural 
that the twv Governments, having come to a friendly understanding as to a modus 
vivendi, and the method of its enforcement, should anticipate or attempt to provide 
against possible breaches or violations of duty by the vessels of either country. It 
will be time enough, in the President's opinion, when either Government lodges 
against the other a complaint in this regard, to consider the question of indemnity. 
The President desires me to state that he hopes that no such question may arise, but 
that he will be prepared to meet it in a fricudly spirit, if, unfortunately, differences 
should develop. 
I have, &c. 
(Signed) W. WHARTON. 
hee oe 
