902 APPENDIX TO CASE OF GREAT BRITAIN. 
ile appears to attach some weight to the fact of my having left with 
him, at his request, a paper containing the text of the seven ‘clauses as 
they appear in my copy of the diplom: itic correspondence, and which IT 
had caused to be prepared for the purpose of comparison and verifica- 
tion. He had himself handed me a few days before, and for the same 
purpose, a similar paper containing the text of the clauses taken from 
his copy of the diplomatic correspondence. 
I am at a loss to understand how that exchange of courtesies, which 
isa common practice under similar circumstances, ean possibly affect 
the questions under consideration. 
I have, we. 
(Signed) JULIAN PAUNCEFOTE. 
[Inclosure in No. 179.] 
Mr, Blaine to Sir J. Pauncefote. 
DEPARTMENT OF STATE, Washington, November 27, 1891. 
Sir: In the early part of last week you furnished the exact points which had been 
agreed upon for arbitration in the matter of the Behring’s Sea negotiation. You 
called later, and corrected the language which introduced the agreement. In facet, 
the two copies framed were taken entirely from your Minutes. It was done with a 
view that you and I should sign them, and thus authenticate the points for the Arbi- 
trators to consider. 
You inform me now that Lord Salisbury asks to make two reservations in the 6th 
Article. His first reservation is that ‘‘ the necessity of any Regulation is left to the 
Arbitrators as well as the nature of those Regulations, if the necessity is in their 
judgment proved.” 
What reason has Lord Salisbury for altering the text of the Article to which he 
had agreed? It is to be presumed that if Regulations are needed they will be made. 
If they are not needed, the Arbitrators will not make them. The agreement leaves 
the Arbitrators free upon that point. The first reservation, therefore, has no special 
meaning. 
The second reservation which Lord Salisbury makes is that ‘‘the Regulations shall 
not become obligatory on Great Britain and the United States until they have been 
accepted by the other Maritime Powers.” Does Lord Salisbury mean that the United 
States and Great Britain shall refrain from taking seals until every Maritime Power 
joins in the Regulations? Or does he mean that sealing shall be resumed on the Ist 
May next, and that we shall proceed, as before the arbitration, until the Regulations 
have been accepted by the other ‘‘ Maritime Powers”? 
126 “Maritime Powers” may mean one thing or another. Lord Salisbury did 
not say the principal maritime Powers. France, Spain, Portugal, Italy, Aus- 
tria, Turkey, Kussia, Germany, Sweden, Holland, Belgium are all Maritime Powers 
in the sense that they maintain a navy, great orsmall. In like manner, Brazil, the 
Argentine Confederation, Chile, Peru, Mexico, and Japan are Maritime Powers. It 
would require a long time, three years at least, to get the assent of all these Powers. 
Mr. Bayard, on the 19th August, 1887, addressed Great Britain, Germany, France, 
Russia, Sweden and Norway, and Japan, with a view to securing some Regulations 
in regard to the seals in Behring’s Sea. France, Japan, and Russia replied with 
languid indifference. Great Britain never replied in writing. Germany did not 
reply at all. Sweden and Norway said that the matter was of no interest to them. 
Thus it will be again. Such a proposition will postpone the matter indefinitely. 
The President regards Lord Salisbury’s second reservation, therefore, as a material 
change in the terms of the arbitration agreed upon by this Government, and he 
instructs me to say that he does not feel willing to take it into consideration. He 
adheres to every point of agreement which has been made between the two Powers, 
according to the text which you furnished. He will regret if Lord Salisbury shaii 
insist on a substantially new agreement. He sees no objection to submitting the 
agreement to the principal Maritime Powers for their assent, but he cannot agree 
that Great Britain and the United States shall make their adjustment dependent on 
the action of third parties who have no direct interest in the seal fisheries, or that 
the settlement shall be postponed until those third parties see fit to act. 
I have, &c 
(Signed) JAMES G. BLAINE. 
eee 
