908 APPENDIX TO CASE OF GREAT BRITAIN. 
between Great Britain and the United States. The dispute between the two nations 
has now been in progress for more than five years. During all that time, while 
Great Britain was maintaining that the Behring’s Sea was open to all comers, at any 
time, as of right, not another European nation has engaged in sealing. 
A German vessel once made its appearance in Behring’s Sea, but did not return, 
being satisfied, I suppose, that at the great distance they have to sail, the Germans 
could not successfully engage in sealing. Russia, whose interference Lord Salisbury 
seems to specially apprehend, will not dissent from the Agreement, because such 
dissent would put to hazard her own sealing property in the Behring’s Sea. On the 
contrary, we may confidently look to Russia to sustain and strengthen whatever 
agreement Great Britain and the United States may conjointly ordain. 
It is the judgment of the President, therefore, that the apprehension of Lord Satis- 
bury is not well grounded. He believes that, however the arbitration between Great 
Britain and the United States may terminate, it will be wise for the two nations to 
unite in a note to the principal Powers of Europe, advising them in full of what has 
been done and confidently asking their approval. He does not believe that, with 
full explanation, any attempt will be made to disturb the Agreement. If, contrary 
to his firm belief, the Agreement shall be disturbed by the ‘interference of a third 
Power, Great Britain and the United States can act conjointly, and they can then 
far better agree upon what measure may be necessary to prevent the destruction of 
the seals than they can at this time. 
The President hopes that the arbitration between Great Britain and the United 
States will be allowed to proceed on the Agreement regularly and promptly. It is 
of great consequence to both nations that the dispute be ended, and that no delay 
be caused by introducing new elements into the Agreement to which both nations 
have giv el. their consent. 
“Lhave, &e. 
(Signed) JAMES G. BLAINE. 
{Inclosure 2 in No. 188 
Sir J. Pauncefote to Mr. Blaine. 
WASHINGTON, December 8, 1891. 
Sir: The Marquis of Salisbury, to whom I telegraphed the contents of your note 
of the 2nd instant on the subject of the 6th Article of the proposed Behring’s 
181 Sea Arbitration Agreement, is under the impression that the President has 
not rightly understood his Lordship’s apprehension with reference to the 
Regulations to be made by the Arbitrators under that Article. His fear is, not that 
the other Powers will reject the Regulations, but that they will refuse to allow the 
arrest by British and American cruizers of ships under their flag which may engage 
in the fur-seal fishery in violation of the Regulations. Such refusal is highly prob- 
able in view of the jealousy which exists as “to the right of search on the high seas; 
and the consequence must inevitably be that, during the close season, sealing will 
go on under other flags. 
It cannot be the intention of the two Governments, in signing the proposed A gree- 
ment, to arrive at such a result. I do not understand you to dispute that, should 
such a state of things arise, the Agreement must collapse, as the two Governments 
could not be expected to enforce on their respective nationals Regulations which are 
violated under foreign flags to the serious injury of the fishery. I hope, therefore, 
that, on further consideration, the President will recognize the importance of arriv- 
ing at some understanding of ‘the kind suggested in my note of the 1st instant. 
Ihave, &c. 
(Signed) JULIAN PAUNCEFOTE, 
[Inclosure 3 in No. 188.] 
Mr. Blaine to Sir J. Pauncefote. 
DEPARTMENT OF STATE, Washington, December 10, 1891. 
Sim: In reply to your note of the 8th instant, I have the following observations 
to make: 
1. Ever since the Behring’s Sea question has been in dispute (now nearly six 
years), not one ship from France or Germany has ever engaged in sealing. This 
affords a strong presumption that none will engage in it in the future. 
ant i ti 
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