Mr. Wharton to Sir Julian Pauncefote .

Sir: I am directed by the President to say that he has received with great satisfaction the note of Lord Salisbury of to-day’s date in reply to my note of the 4th instant. He directs me to ask you to remind Lord Salisbury that the limitation of the killing of seals upon the islands is absolutely within the control of the United States, as a daily count is made by sworn officers, and to inform him that already, in order to assure such control pending these negotiations, the agents of the Treasury Department, who have been dispatched to the seal islands, have been instructed to stop the killing when 7,500 have been taken and to await the arrival of further orders, though ordinarily the taking of seals on the islands does not begin until about July 1. The enforcement of an agreed limitation being so fully in the control of the United States, the President is sure that Lord Salisbury will not question the absolute good faith of this Government in observing its stipulation to limit the catch to 7,500. This Government could not, of course, consent to any arrangement that implied such a doubt or involved any foreign supervision on the islands. If the prompt and effectual recall of the fleet of Canadian sealers now at sea was as fully within the control of Great Britain, the President would not have suggested the provision for the arrest by either party of vessels violating the prohibition, but would have rested confidently in the assurance given by Her Majesty’s Government.

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But, in view of the fact that the evidence which the respective Governments will present to the arbitrators (if that happy solution of the pending difficulties shall be attained) must be collected during the present season, and as the definitive agreement for arbitration can not be concluded contemporaneously with this agreement, the President directs me to say that he is quite willing to agree that Her Majesty’s Government may send to the seal islands, with a view to collecting the facts that may be involved in an arbitration, and especially facts relating to seal life and to the results of the methods which have been pursued in the killing of seals, a suitable person or persons to make the necessary observations. The present and the comparative conditions of the rookeries may become an important consideration before arbitrators in a certain event, and the President would not ask that the evidence upon this subject should be wholly from one side. He is desirous that the prohibition of the killing of seals for this season shall be as wide and absolute as possible, and will not omit the exercise of any power confided to him by law to promote that end. He directs me to assure Lord Salisbury that he is extremely desirous to bring to a speedy conclusion the pending negotiations for the submission to impartial arbitration of the points of difference between the two Governments, and regrets that, for reasons which have been explained to you, an immediate answer can not be returned to his lordship’s note upon that subject of the 2d instant. He feels sure, however, that the prompt announcement of an agreement for a modus for this season, while there is yet time to make it mutually effective, will not fail to have a happy influence upon the final negotiations.

It is hoped that authority may be given to you, as the representative of Her Majesty’s Government at this capital, to conclude, immediately upon the passage of the bill now pending in Parliament, the following agreement:

For the purpose of avoiding irritating differences and with a view to promote a friendly settlement of the questions pending between the Governments of Great Britain on the one side and the United States of America on the other, touching the rights of the respective nations in the Behring Sea, the following agreement is made, which shall have no effect to limit or prejudice the rights or claims of either power, except as therein expressly stipulated and for the time therein limited:

(1)
The Government of Great Britain will prohibit until May, 1892, the killing of seals in all that portion of the Behring Sea lying east, eastwardly, or southeastwardly of the line described in article 1 of the convention between the United States and Russia, of date March 30, 1867, and will promptly take such steps as are best calculated effectively to insure the observance of this prohibition by the subjects and citizens of Great Britain and all vessels flying its flag.
(2)
The Government of the United States will prohibit until May, 1892, the killing of seals in that part of Behring Sea above described, and on the shores and islands thereof the property of the United States (except that 7,500 seals, and no more, may be taken on the islands); and the Government of the United States will promptly take such steps as are best calculated effectively to insure the observance of this prohibition by the citizens of the United States and the vessels flying its flag.
(3)
All vessels or persons violating the laws of their respective Governments in this regard outside the ordinary territorial limits 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 for trial and for the imposition of the penalties and forfeitures provided by law.
(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 the expectation that an agreement for arbitration may ultimately be reached, it is agreed that a suitable person or persons, to be 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.

I have, etc.,

William F. Wharton,
Acting Secretary.