Sir Julian Pauncefote to Mr. Blaine.
Washington, November 23, 1891.
Sir: I informed the Marquis of Salisbury of our proposal to sign the text of the seven articles to be inserted in the Behring Sea arbitration agreement and of the joint-commission article, as settled in the diplomatic correspondence, in order to record the progress made up to the present time in the negotiation.
Lord Salisbury entirely approves of that proposal, but he has instructed me, before signing, to address a note to you for the purpose of obviating any doubts which might hereafter arise, as to the meaning and effect of article 6, which is as follows:
If the determination of the foregoing questions as to the exclusive jurisdiction of the United States shall leave the subject in such position that the concurrence of Great Britain is necessary to the establishment of regulations for the proper protection and the preservation of the fur seal in, or habitually resorting to, the Behring Sea, the arbitrators shall then determine what concurrent regulations outside the jurisdictional limits of the respective Governments are necessary and over what waters such regulations should extend; and, to aid them in that determination, the report of the joint commission to be appointed by the respective Governments shall be laid before them, with such other evidence as either Government may submit. The contracting powers furthermore agree to cooperate in securing the adhesion of other powers to such regulations.
Lord Salisbury desires to make the following two reservations on the above article:
His lordship understands, first, that the necessity of any regulations is left to the arbitrators, as well as the nature of those regulations, if the necessity is in their judgment proved. Secondly, that the regulations will not become obligatory on Great Britain and the United States until they have been accepted by the other maritime powers. Otherwise, as his lordship observes, the two Governments would be simply handing over to others the right of exterminating the seals.
I have no doubt that you will have no difficulty in concurring in the above reservations, and subject thereto I shall be prepared to sign the articles as proposed.
I have, etc.,