Behring Sea modus vivendi.—Memorandum.
The following instructions have been issued to the British senior naval officer at Esquimault. He is to proceed to Behring Sea with Her Majesty’s ships Nymphe and Pheasant and cruise to the eastward of the line of demarcation mentioned in articles 1 and 2 of the modus vivendi, warning all British vessels found acting in ignorance of the prohibition. He is to confiscate the sealing equipment of any British vessel found deliberately offending, recording her name and the name of her master for prosecution afterwards. He is to arrest any American vessel found deliberately offending and record her name and the name of her captain, together with the proof of the offense for which she is arrested, informing United States cruisers.
Her Majesty’s ship Porpoise will be ordered from China to join the other ships under his command. Her Majesty’s Government are of opinion that there should be an understanding between the two Governments for mutual indemnities. A cruiser of one nation arresting a vessel of the other can only be justified in doing so as the agent of such other nation, and should therefore act in that character.
Her Majesty’s Government therefore suggest that the two Governments shall agree to indemnify each other in respect of any acts committed in pursuance of such agency by the cruisers of one nation against the vessels of the other in execution of the modus vivendi.