APPENDIX TO CASE OF GREAT BRITAIN. 897 
fishery, the complaining Power shall have the right to give notice that 
the Regulations will be suspended during the ensuing year, until 
arrangements are made by which the evil can be remedied. If, how- 
ever, there should be any difference of opinion between the United 
States and Great Britain as to the fact that serious injury is being done 
to the fishery, or as to any other fact involved, such difference may be 
decided by referring the matter to the arbitration of two Admirals, une 
of the British and the other of the United States navy, who may choose 
an Umpire in case they are unable to agree. . 
No. 174. 
Sir J. Pauncefote to the Marquis of Salishbury.—(Received December 3.) 
WASHINGTON, November 23, 1891. 
My Lorp: With reference to your Lordship’s telegram of yesterday, 
I have the honour to inclose herewith copy of a note which I have this 
day addressed to Mr. Blaine, stating the two reservations which your 
Lordship desires to make in regard to clause 6 of the Behring’s Sea 
Arbitration Agreement. 
I have, &c. 
(Signed) JULIAN PAUNCEFOTE, 
[Inclosure in No. 174.] 
Sir J. Pauncefote to Mr. Blaine. 
WASHINGTON, November 23, 1891. 
Sir: I informed the Marquis of Salisbury of our proposal to sign the text of the 
seven Articles to be inserted in the Behring’s Sea Arbitration Agreement and of the 
Joint Commission Article, as settled in the diplomatic correspondence, in order to 
record the progress made up to the present time in the negotiation. 
Lord Salisbury entirely approves of that proposal, but he has instructed me, 
before signing, to address a note to you for the purpose of obviating any doubts 
which might hereafter arise as to the meaning and effect of Article VI, which is as 
follows: 
“Tf the determination of the foregoing questions as to the exclusive jurisdiction 
of the United States shall leave the subject in such position that the concurrence of 
Great Britain is necessary to the establishment of Regulations for the proper pro- 
tection and the preservation of the fur-seal in, or habitually resorting to, the Beh- 
ring’s Sea, the Arbitrators shall then determine what concurrent Regulations outside 
the jurisdictional limits of the respective Governments are necessary, and over 
what waters such Regulations should extend; and to aid them in that determination 
the Report of the Joint Commission to be appointed by the respective Gov- 
122. ernments shall be laid before them, with such other evidence as either Govern- 
ment may submit. The Contracting Powers furthermore agree to co-operate 
in securing the adhesion of other Powers to such Regulations.” 
Lord Salisbury desires to make the following two reservations on the above 
Article: 
His Lordship understands, first, that the necessity of any Regulations is left to the 
Arbitrators, as well as the nature of those Regulations, if the necessity is in their 
judgment proved; secondly, that the Regulations will not become obligatory on 
Great Britain and the United States until they have been accepted by the other 
Maritime Powers, otherwise, as his Lordship observes, the two Governments would 
be simply handing over to others the right of exterminating the seals. 
I have no doubt that you will have no difficulty in concurring in the above reser- 
vations, and, subject thereto, I shall be prepared to sign the Articles as proposed. 
Tha e, &e. 
(Signed) JULIAN PAUNCEFOTE, 
BS, Pt V——57 
