Sir Julian Pauncefote to Mr. Wharton.
Washington, March 26, 1892. (Received March 27.)
Sir: I have the honor to inform you that I have received the reply of Her Majesty’s Government to the note which you addressed to me on the 22d instant, by direction of the President, on the subject of the renewal of the modus vivendi in Behring Sea during the approaching fur-seal fishing season.
The Marquis of Salisbury states that notice has been given to the owners of ships sailing for Behring Sea that both the agreements which are at present under discussion between Great Britain and the United States, that as to arbitration and that as to an intermediate arrangement, may affect the liberty of sealing in Behring Sea. They have, therefore, notice of their liability to possible interruption, and will sail subject to that notice. The question of time is not, consequently, urgent.
I am to request you to inform the President that Her Majesty’s Government concur in thinking that when the treaty shall have been ratified there will arise a new state of things. Until it is ratified their conduct is governed by the language contained in the note which I had the honor to address to Mr. Blaine on June 14, 1890. But, when ratified, both parties must admit that contingent rights have become vested in the other, which both desire to protect.
Her Majesty’s Government think that the prohibition of sealing, if it stands alone, will be unjust to British sealers, if the decision of the arbitrators should be adverse to the United States. They are, however, willing, when the treaty has been ratified, to agree to an arrangement similar to that of last year, if the United States Government will consent that the arbitrators should, in the event of a decision adverse to the United States, assess the damages which the prohibition of sealing shall have inflicted on British sealers during the pendency of the arbitration; and, in the event of a decision adverse to Great Britain, that they should assess the damages which the limitation of slaughter shall, during the pendency of the arbitration, have inflicted on the United States or its lessees.
As an alternate course, Her Majesty’s Government are also willing, after the ratification of the treaty, to prohibit sealing in the disputed waters if vessels be excepted from the prohibition which produce a certificate that they have given security for such damages as the arbitrators may assess in case of a decision adverse to Great Britain, the arbitrators to receive the necessary authority in that behalf. In this case the restriction of slaughter on the islands will not in point of equity be necessary.
[Page 629]Her Majesty’s Government are unable to see any other than one of these two methods of restricting seal hunting in the disputed waters during the arbitration which will be equitable to both parties.
I have, etc.,