APPENDIX TO CASE OF GREAT BRITAIN. 931 
instant respecting the refusal of the British Commissioners to deal with 
the question of a modus vivendi, and of the reply which I returned 
thereto. Also a copy of a letter addressed to me on the 15th instant by 
the British Commissioners, inquiring whether the Commission is author- 
ized to consider and report on measures of seal preservation within the 
territorial jurisdiction of either Power. 
I took the opportunity of a visit to the State Department on Mon- 
day, the 15th instant, to show the last-mentioned letter to Mr. Blaine, 
who, after reading it, expressed his surprise that, looking at the wide 
terms of the Joint Commission Agreement, the Commissioners should 
entertain any doubt as to the scope of their powers; and he suggested 
that they should all be invited to meet him and me at the State Depart- 
ment the following morning to explain their difficulty. The meeting 
accordingly took place, but all discussion was rendered unnecessary by 
the announcement that the American Commissioners had, since the 
date of the letter, arrived at the conclusion that they were free to con- 
sider all measures, even though they might relate to matters within 
national jurisdiction. 
Ihave, &c. 
(Signed) JULIAN PAUNCEFOTE. 
{Inclosure 1 in No. 227.] 
Mr. Blaine to Sir J. Pauncefote. 
17, MADISON PLACE, Washington, February 12, 1892. 
My Dear Sir JULIAN: The motive you have always urged upon me for assem- 
bling the Commissioners on Seal Fisheries at an early date was that they could pro- 
vide a modus vivendi that would be sufficient, while the Arbitration should go on with 
plenty of time to consider the various points. 
I was surprised to hear that your Commissioners yesterday declined to discuss the 
modus vivendi, on the allegation that that was a subject reserved for you and me. 
This puts an entirely new phase upon the work of the Commission, and largely 
diminishes its value. 
Will you have the goodness to advise me of the precise scope of the work which 
you have assigned to your Commissioners? 
Very truly, &c. 
(Signed) JAMES G. BLAINE. 
[Inclosure 2 in No. 227.] 
Sir J. Pauncefote to Mr. Blaine. 
WASHINGTON, February 13, 1892. 
DEAR MR. BLAINE: In reply to your letter of yesterday, I beg to state that, in my 
opinion, the British Commissioners are right in holding that they have no power 
under their present mandate to discuss the question of a modus vivendi for the next 
fishery season. Their authority is limited by the terms of the Joint Commission 
Agreement, the text of which we signed on the 18th December last. That 
151 authority is confined to reporting their views on what Fishery Regulations of 
a permanent character may be necessary with a view to arbitration. The 
question of a modus vivendi pending the result of the Arbitration is one for the two 
Governments to discuss. I have certainly urged, as an additional reason for the 
early meeting of the Joint Commission, that its Reports would furnish our Govern- 
ments with valuable materials for such discussion; but it can hardly be contended 
that the Commissioners can properly deal with such a question without special 
authority from their respective Governments. I communicated to Lord Salisbury 
the proposal you made to me at our interview of the 2nd instant, that our two Gov- 
ernments should agree to a modus vivendi, and I am awaiting his Lordship’s reply. 
Very truly, &c. 
(Signed) JULIAN PAUNCEFOTE, 
