Office of the Historian

Mr. Blaine to Sir Julian Pauncefote.

Department of State,
Washington, April 7, 1892.

Sir: I am directed by the President to acknowledge the receipt of your note of the 26th ultimo relating to a modus for the Behring Sea, and to express his gratification that Her Majesty’s Government now concurs in the suggestions which I have had the honor to make, that the treaty of arbitration will create new relations and obligations on the part of the respective Governments relating to the preservation of the subject of the arbitration, and is willing to accede to the suggestion of this Government that a modus similar to that of last year be adopted, with certain mutual reservations as to compensation. All that has been said by this Government was, as his lordship will recall, based upon the assumption that the arbitration treaty should become operative; and therefore his lordship’s reference to the attitude of his Government in case no treaty is agreed to may, in the present forward state of the negotiations, be passed as having no present relevancy. Our contention has been that the treaty implied a mutual obligation to preserve the status quo of the property pending the arbitration; while his lordship, [Page 630] as I have understood, has contended that such use might be made of the seal fisheries as was not seriously injurious to the seal herds, in the preservation of which both Governments had, whatever the award of the arbitrators might be, important interests.

A modus to take effect contemporaneously with the exchange of the ratifications of the treaty seems to the President essential if the object of the treaty—a friendly and honorable adjustment of the controversy—is to be accomplished. He directs me to inform you that if the modus of last year can be promptly renewed, he is quite willing to submit to the arbitrators the question what compensation, if any, should be awarded to either Government for the restrictions which such Government imposes upon itself and upon its citizens and subjects by the adoption of the modus.

I am directed to propose for his lordship’s consideration that a supplemental convention be adopted in the terms accompanying, and to express the hope that this proposal will receive his lordship’s concurrence.

I have, etc.,

James G. Blaine.
[Inclosure.]

Draft of convention between the United States and Great Britain for the renewal of the existing “modus vivendi” in Behring Sea.

Whereas by a convention concluded between the United States of America and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, on the 29th day of February, 1892, the high contracting parties have agreed to submit to arbitration, as therein stated, the questions which have arisen between them concerning the jurisdictional rights of the United States in the waters of Behring Sea, and concerning also the preservation of the fur seal in or habitually resorting to the said sea, and the rights of the citizens and subjects of either country as regards the taking of fur seal in or habitually resorting to the said waters; and whereas the high contracting parties, having differed as to what restrictive regulations for seal hunting are necessary pending such arbitration, having determined to provide against the undue diminution of the seal herds, subject, however, to the right to claim compensation, as hereinafter mentioned, and without prejudice to the rights of either party:

The said high contracting parties have appointed as their plenipotentiaries to conclude a convention for this purpose, that is to say:

  • The President of the United States of America, James G. Blaine, Secretary of State of the United States;
  • And Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Sir Julian Pauncefote, Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George, Knight Commander of the Most Honorable Order of the Bath, and envoy extraordinary and minister plenipotentiary of Her Britannic Majesty to the United States;

Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded, the following articles:

Article I.

Her Majesty’s Government will prohibit, until May, 1893, seal-killing in that part of Behring Sea lying eastward of the line of demarcation described in article No. 1 of the treaty of 1867 between the United States and Russia, and will promptly use its best efforts to insure the observance of this prohibition by British subjects and vessels.

Article II.

The United States Government will prohibit seal-killing for the same period in the same part of Behring Sea and on the shores and islands thereof, the property of the United States (in excess of 7,500 to be taken on the Islands for the subsistence and care of the natives), and will promptly use its best efforts to insure the observance of this prohibition by United States citizens and vessels.

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Article III.

Every vessel or person offending against this prohibition in the said waters of Behring Sea outside of the ordinary territorial limits of the United States may be seized and detained by the naval or other duly commissioned officers of either of the high contracting parties, but they shall be handed over as soon as practicable to the authorities of the nation to which they respectively belong, who shall alone have jurisdiction to try the offense and impose the penalties for the same. The witnesses and proofs necessary to establish the offense shall also be sent with them.

Article IV.

In order to facilitate such proper inquiries as Her Majesty’s Government may desire to make, with a view to the presentation of the case of that Government before arbitrators, it is agreed that suitable persons designated by Great Britain will be permitted at any time, upon application, to visit or to remain upon the seal islands during the present sealing season for that purpose.

Article V.

If the result of the arbitration shall permit British subjects to take seals in the Behring Sea within the bounds claimed by the United States under its purchase from Russia, then compensation shall be made by the United States to Great Britain (for the use of her citizens and subjects) for abstaining from the exercise of that right pending the arbitration upon the basis of such a regulated and limited catch or catches as in the opinion of the arbitrators might have been taken without an undue diminution of the seal herds; and, on the other hand, if the result of the arbitration shall not permit British sealers to take seals within said waters, the compensation shall be made by Great Britain to the United States (for itself, its citizens, and lessees) for this agreement to limit the island catch to 7,500 a season, upon the difference between this number and such larger catch as might in the opinion of the arbitrators have been taken without an undue diminution of the seal herds.

The amount awarded, if any, in either case shall be such as under all the circumstances is just and equitable, and shall be promptly paid.

Article VI.

The present convention shall be duly ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by her Britannic Majesty; and the ratifications shall be exchanged either at Washington or at London within ______ from the date hereof, or earlier if possible.

In faith whereof we, the respective plenipotentiaries, have signed this convention and have hereunto affixed our seals.

Done in duplicate at Washington the ______ one thousand eight hundred and ninety-two.