Mr. Blaine to Sir Julian Pauncefote.
Washington, November 27, 1891.
Sir: In the early part of last week you furnished the exact points which had been agreed upon for arbitration in the matter of the Behring Sea negotiation. You called later and corrected the language which introduced the agreement. In fact, the two copies framed were taken entirely from your minutes. It was done with a view that you and I should sign them, and thus authenticate the points for the arbitrators to consider.
You inform me now that Lord Salisbury asks to make two reservations in the sixth article. His first reservation is that “the necessity of any regulation is left to the arbitrators, as well as the nature of those regulations if the necessity is in their judgment proved.”
What reason has Lord Salisbury for altering the text of the article to which he had agreed? It is to be presumed that if regulations are needed they will be made. If they are not needed, the arbitrators will not make them. The agreement leaves the arbitrators free upon that point. The first reservation, therefore, has no special meaning.
The second reservation which Lord Salisbury makes is that “the regulations shall not become obligatory on Great Britain and the United States until they have been accepted by the other maritime powers.” Does Lord Salisbury mean that the United States and Great Britain shall refrain from taking seals until every maritime power joins in the regulations? Or does he mean that sealing shall be resumed the 1st of May next and that we shall proceed as before the arbitration until the regulations have been accepted by the other “maritime powers?”
“Maritime powers” may mean one thing or another. Lord Salisbury did not say the principal maritime powers. France, Spain, Portugal, Italy, Austria, Turkey, Russia, Germany, Sweden, Holland, Belgium, are all maritime powers in the sense that they maintain a navy, great or small. In like manner Brazil, the Argentine Confederation, Chile, Peru, Mexico, and Japan are maritime powers. It would require along time, three years at least, to get the assent of all these powers. Mr. Bayard, on the 19th of August, 1887, addressed Great Britain, Germany, France, Russia, Sweden and Norway, and Japan, with a view to securing some regulations in regard to the seals in Behring Sea. France, Japan, and Russia replied with languid indifference. Great Britain never replied in writing. Germany did not reply at all. Sweden and Norway said the matter was of no interest to them. Thus it will be again. Such a proposition will postpone the matter indefinitely.
The President regards Lord Salisbury’s second reservation, therefore, as a material change in the terms of the arbitration agreed upon by this Government; and he instructs me to say that he does not feel willing to take it into consideration. He adheres to every point of agreement which has been made between the two powers, according to the text which you furnished. He will regret if Lord Salisbury shall insist on a substantially new agreement. He sees no objection to submitting the agreement to the principal maritime powers for their assent, but he can not agree that Great Britain and the United States shall make their adjustment dependent on the action of third parties who have no direct interest in the seal fisheries or that the settlement shall be postponed until those third parties see fit to act.
I have, etc.,