146 INVESTIGATION OF THE FUR-SEAL INDUSTRY OF ALASKA. 



When the sealing modus vivendi of 1891 was officially published 

 in Washington, D. C,, June 15, 1891, its terms ordered a total sus- 

 pension of the lessees' work on the islands for the year, save the 

 killing of 7,500 seals for "natives' food," to wit: 



AGREEMENT BETWEEN THE GOVERNMENT OP THE UNITED STATES AND THE GOVERN- 

 MENT OF HER BRITANNIC MAJESTY FOR A MODUS VIVENDI IN RELATION TO THE FUR 

 SEAL FISHERIES °IN BERING SEA. 



For the purpose of avoiding irritating differences, and with a view to promote the 

 friendly settlement of the question pending between the two Governments touching 

 then- respective rights in Bering Sea, and for the preservation of the seal species, 

 the following agreement is made without prejudice to the rights or claims of either 

 party: 



(1) Her Majesty's Government will prohibit, until May next, seal killing in that 

 part of Bering Sea lying eastward of the line of demarcation described in Article No. 1 

 of the treaty of 1867 between the United States and Russia, and will promptly use 

 its best efforts to insure the observance of this prohibition by British subjects and 

 vessels. 



(2) The United States Government will prohibit seal killing for the same period in 

 the same part of Bering Sea and on the shores and islands thereof, the property of 

 the United States (in excess of 7,500 to be taken on the islands for the subsistence and 

 care of the natives), and will promptly use its best efforts to insure the observance of 

 this prohibition by United States citizens and vessels. 



(3) Every vessel or person offending against this prohibition in the said waters of 

 Bering Sea outside of the ordinary territorial limits of the United States may be 

 seized and detained by the naval or other duly commissioned officers of either of the 

 High Contracting Parties, but they shall be handed over as soon as practicable to 

 the authorities of the nation to which they respectively belong, who shall alone have 

 jurisdiction to try the offense and impose the penalties for the same. The witnesses 

 and proof necessary to establish the offense shall also be sent with them. 



(4) In order to facilitate such proper inquiries as Her Majesty's Government may 

 desire to make, with a view to the presentation of the case of that Government before 

 arbitrators, and in expectation that an agreement for arbitration may be arrived at, 

 it is agreed that suitable persons designated by Great Britain will be permitted at any 

 time, upon application, to visit or to remain upon the seal islands during the present 

 sealing season for that purpose. 



Signed and sealed in duplicate at Washington this 15th day of June, 1891, on behalf 

 of their respective Governments, bv William F. Wharton, Acting Secretary of State 

 of the United States, and Sir Julian Pauncefote, G. C. M. G., K. C. B., H. B. M., 

 envoy extraordinary and minister plenipotentiary. 



William F. Wharton. 



Julian Pauncefote. 



On the 3d of May, 1891, preceding this publication of the above 

 modus vivendi, the daily papers published an order from President 

 Harrison revoking a secret permit for the lessees to kill seals on the 

 islands during the season of 1891, just ahead. That this action of 

 the President was due to the uncovering of a shameful deal between 

 the lessees and certain high officials the following sworn testimony 

 declares beyond dispute. After Mr. Goff was "transferred" April 

 5, 1891, the following sworn testimony (which no one has presumed 

 to deny) declares what took place at the instance of the lessees, in 

 Washington: 



[Hearing No. 10, pp. 665, 666, April 24, 1912, House Committee on Expenses in the Department of Com- 

 merce and Labor.] 



Mr. Elliott. Then what happened? On or about April 9 a man named W. H. 

 Williams was appointed "Chief special agent of the seal islands, vice Goff, trans- 

 ferred;" and, on April 11, this man started for San Francisco from Washington with 

 a secret permit from Secretary Charles Foster, dated April 11, to the North American 

 Commercial Co., giving them authority, as lessees, to kill 60,000 seals on the Pribilof 

 Islands during the season just ahead, "if they can be found," etc. 



