Sir Julian
Pauncefote to Mr. Wharton.
British
Legation,
Washington, June 6,
1891.
Sir: Immediately on receipt of your note of the
4th instant relative to the proposed modus
vivendi in Behring Sea, I communicated its contents to the
Marquis of Salisbury by telegraph. I have now the honor to inform you
that late last night I received a telegraphic reply from his lordship,
of which the substance is contained in the inclosed memorandum.
I have, etc.,
[Page 562]
[Inclosure.]
Memorandum—Behring Sea modus
vivendi.
Her Majesty’s Government accept the proposal of the President that
the modus vivendi, if agreed upon, should
provide that “the naval or other duly commissioned officers of
either party may arrest any offending vessel and turn it over to the
nearest port of the nation whose nag it carries for such judicial
proceedings as the law provides.” By accepting this proposal Her
Majesty’s Government give to the cruisers of the United States the
power of supervising the conduct of British subjects in observing
the proposed agreement at sea. This is a concession which, in Lord
Salisbury’s opinion, entitles Her Majesty’s Government to ask from
the United States the corresponding power of supervising the
proceedings of the United States citizens on the seal islands. It is
on the fidelity with which the condition of not killing more than
7,500 seals is observed that the equality of the proposed agreement
depends. Her Majesty’s Government therefore regard it as
indispensable that they should have the right of satisfying
themselves that this condition is fully observed by citizens of the
United States. If there he an objection on the part of the United
States Government to issuing an exequatur to a permanent consul on
the seal islands, Lord Salisbury suggests that they can, under the
statute, “specifically authorize” the residence thereon of a British
agent during the present season.
His lordship will not insist on the condition that Russia shall be a
party to the agreement, but he must earnestly press the United
States Government to extend the prohibition to their citizens and
vessels over the entire area of Behring Sea. In that case Her
Majesty’s Government on their part will similarly extend the
prohibition to British subjects and vessels.
Lord Salisbury points out that, if seal-hunting be prohibited on one
side of a purely imaginary line drawn in the open ocean, while it is
permitted on the other side of the line, it will be impossible in
many cases to prove unlawful sealing or to infer it from the
possession of skins or fishing tackle.
In conclusion, Lord Salisbury states that Her Majesty’s Government
consider it a matter of great importance that the two Governments
should agree on the terms of arbitration at the same time as on a
modus vivendi. The suspension of sealing
is not a measure which they could repeat another year.
