Sir Julian Pauncefote to Mr. Blaine.
Sir: I did not fail to transmit to the Marquis of Salisbury a copy of your note of the 11th instant, in which, with reference to his lordship’s statement that British legislation would be necessary to enable Her Majesty’s Government to exclude British vessels from any portion of the high seas “even for an hour,” you informed me, by desire of the President, that the United States Government would be satisfied “if Lord Salisbury would by public proclamation simply request that vessels sailing under the British flag should abstain from entering the Behring Sea during the present season.”
I have now the honor to inform you that I have been instructed by Lord Salisbury to state to you in reply that the President’s request presents constitutional difficulties which would preclude Her Majesty’s Government from acceding to it, except as part of a general scheme for the settlement of the Behring Sea controversy, and on certain conditions which would justify the assumption by Her Majesty’s Government of the grave responsibility involved in the proposal.
Those conditions are:
- I.
- That the two Governments agree forthwith to refer to arbitration the question of the legality of the action of the United States Government in seizing or otherwise interfering with British vessels engaged in the Behring Sea, outside of territorial waters, during the years 1886, 1887, and 1889.
- II.
- That, pending the award, all interference with British sealing vessels shall absolutely cease.
- III.
- That the United States Government, if the award should be adverse to them on the question of legal right, will compensate British subjects for the losses which they may sustain by reason of their compliance with the British proclamation.
Such are the three conditions on which it is indispensable, in the view of Her Majesty’s Government, that the issue of the proposed proclamation should be based.
As regards the compensation claimed by Her Majesty’s Government for the losses and injuries sustained by British subjects by reason of the action of the United States Government against British sealing vessels in the Behring Sea during the years 1886, 1887, and 1889, I have already informed Lord Salisbury of your assurance that the United States Government would not let that claim stand in the way of an amicable adjustment [Page 437] of the controversy, and I trust that the reply which, by direction of Lord Salisbury, I have now the honor to return to the President’s inquiry, may facilitate the attainment of that object for which we have so long and so earnestly labored.
I have, etc.,