APPENDIX TO CASE OF GREAT BRITAIN. 945 
This Government will honourably abide the judgment of the High Tribunal which 
has been agreed upon, whether that judgment be favourable or unfavourable; and 
will not seek to avoid a just responsibility for any of its acts which by that judgment 
are found to be unlawful. But certainly the United States cannot be expected to 
suspend the defence, by such means as are within its power, of the property and 
jurisdictional rights claimed by it pending the arbitration, and to consent to receive 
them from that Tribunal, if awarded, shorn of much of their value by the acts of 
irresponsible persons. 
Ihave, &c. 
(Signed) WILLIAM F, WHARTON. 
No. 244. 
Sir J. Pauncefote to the Marquis of Salisbury.—(Received March 24.) 
{Telegraphic. ] 
WASHINGTON, March 23, 1892. 
Last night I received the reply of the United States Government to’ 
my note embodying the substance of your Lordship’s telegram of the 
18th instant on the Behring’s Sea question. The President requested 
that it should be telegraphed to your Lordship. The substance of it is 
as follows: 
The President had given immediate attention to my note, on account 
of the extreme gravity and urgency of the matter, growing out of the 
fact that any modus vivendi will be made ineffectual for the protection 
of the interests of the United States by much further protraction, and 
that, by reason of the impossibility of communicating with the Cana- 
dian sealers, immunity will be given to them. These vessels have 
hastened their departure, as is known, in order to escape notice of any 
modus vivendi being served upon them. Forty-seven vessels have 
already cleared, and if measures be not made to stop them, they will 
pursue the slaughter of gravid female seals to the very shores of the 
breeding islands. This is a crime against nature. If the arbitration 
proceeds, the United States Government expect to be able to show 
that the larger percentage of the pelagic catch consists of female seals. 
It is surprising and disappointing, in view of the above, that your 
Lordship should assume that suspension of such sealing for another 
year is not necessary, in order to prevent the undue diminution of the 
seal herds, and that you should insist that it should continue. If Her 
Majesty’s Government pays so little regard to the contentions of the 
United States Government as to refuse to respect them for a single 
season, the President is unable to understand for what reason it should 
have been proposed and agreed to by your Lordship to give them the 
status implied by the agreement to submit them to arbitration. It was 
open to neither party to disregard the contention of the other from 
the date of the signature of the above Agreement. It must be 
164 assumed that the object which the two Governments had in view 
was the promotion of good-will and peace; but if, while arbitra- 
tion is pending, the subject-matter is dealt with by either of them on 
the basis of its own contention only, this purpose is not attained; on 
the contrary, and even if it should be possible under such circumstances 
to proceed with the arbitration, a new sense of injury aud injustice is 
added. 
If Her Majesty’s Government proceeds this season on the basis of 
its contention as to the rights of the Canadian sealers, no choice remains 
BS, Pr V——60 
