Sir Julian Pauncefote to Mr. Blaine.
Washington, December 8, 1891. (Received December 9.)
Sir: The Marquis of Salisbury, to whom I telegraphed the contents of your letter of the 2d instant on the subject of the sixth article of the proposed Behring Sea arbitration agreement, is under the impression that the President has not rightly understood his lordship’s apprehension with reference to the regulations to be made by the arbitrators under that article. His fear is not that the other powers will reject the regulations, but that they will refuse to allow the arrest by British and American cruisers of ships under their flag which may engage in the fur-seal fishery in violation of the regulations. Such refusal is highly probable in view of the jealousy which exists as to the right of search on the high seas, and the consequence must inevitably be that during the close season sealing will go on under other flags.
It can not be the intention of the two Governments, in signing the proposed agreement, to arrive at such a result.
I do not understand you to dispute that should such a state of things arise the agreement must collapse, as the two Governments could not be [Page 602] expected to enforce on their respective nationals regulations which are violated under foreign flags to the serious injury of the fishery.
I hope, therefore, that on further consideration the President will recognize the importance of arriving at some understanding of the kind suggested in my note of the 1st instant.
I have, etc.,