Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 9, 1891

Sir Julian Pauncefote to Mr. Wharton .

British Legation,
Washington , June 8, 1891 .

Sir: I have the honor to acknowledge the receipt of your note of the 6th instant containing the terms of a proposed agreement for a modus vivendi during the present seal-fishery season in Behring Sea, which I communicated at once by telegraph to the Marquis of Salisbury.

I have this day received a reply from his lordship, in which he transmits a draft of the proposed agreement, with certain modifications and additions.

I beg to inclose a copy of it, and to request that you will be good enough to submit it to your Government for their consideration.

I have, etc.,

Julian Pauncefote.

[Inclosure.]

Agreement.

For the purpose of avoiding irritating differences and with a view to promote friendly settlement of the questions pending between the two Governments touching their respective rights in Behring Sea and for 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 Behring 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 best efforts to insure observance of prohibition by British subjects and vessels.

(2) The United States Government will prohibit seal-killing for the same period in the same part of Behring 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 as food skins, and not for tax or shipment), and will promptly use best efforts to insure observance of prohibition by the United States citizens and vessels.

(3) Every offending vessel or person 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 proofs necessary to establish the offense shall also be sent with them, and the court adjudicating upon the case may order such portion of the fines imposed, or of the proceeds of the condemned vessel, to be applied in payment of the expenses occasioned thereby.

(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.

(5) A commission of four experts, two nominated by each Government, and a chairman, nominated by the arbitrators, if appointed, and if not, by the aforesaid commission, shall examine and report on the following question:

What international arrangements, if any, between Great Britain and the United States and Russia or any other power are necessary for the purpose of preserving the fur-seal race in the northern Pacific Ocean from extermination?

(6) The Government of the United States will join with that of Her Majesty in requesting Russia to forbid her subjects from sealing to the east of the line indicated in article No. 1 of the present agreement until the 1st of May, 1892.