Sir Julian
Pauncefote to Mr. Blaine.
British
Legation,
Washington, April 16,
1892.
Sir: In my note of the 14th instant I had the
honor to inform you that I had acquainted the Marquis of Salisbury by
telegram on the 11th
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instant
of the alteration desired by the President in one of the articles of the
draft convention for the renewal of the modus
vivendi in Behring Sea, proposed in your note to me of the 7th,
and I expressed the hope that on receipt of his lordship’s reply we
should be able to agree to such amendments in the draft as would make it
acceptable to both Governments.
I have now received that reply, and I will proceed to explain seriatim
the amendments suggested by Lord Salisbury, and I will then deal with
the alteration desired by the President.
In the preamble the following words occur:
Have determined to provide against the undue diminution of the
seal herds, subject, however, to the right to claim
compensation.
The word “undue” in that place appears to Lord Salisbury to pledge Her
Majesty’s Government to a statement which they do not accept. I
accordingly suggested at our interview of the 11th that we should strike
out those words and substitute “have agreed to adjust such
difference.”
You assented to that substitution, and it meets with Lord Salisbury’s
approval. That objection is therefore disposed of.
- Article IV. In this article Lord Salisbury proposes the words.
“with a view to the presentation and arguments of that Government,”
in order to make it clear that the facilities in question are
available to Her Majesty’s Government at any time during the
arbitration in support of their case. This is no doubt in accordance
with the spirit of the clause.
- Article V. In this article the two alternatives are stated as
follows: “If the result of the arbitration shall permit British
subjects to take seals, etc.,” and “if the result of the arbitration
shall not permit British sealers, etc.”
The word “permit” is hardly suitable, as the arbitrators can not create
any new right; they can only affirm or deny a right claimed as existing.
Lord Salisbury is therefore of opinion that it would be better to adopt
the words, “If the result of the arbitration be to affirm the right of
British sealers, etc.,” and in the converse case, “shall be to deny the
right, etc.”
He also suggests, in the first sentence, the omission of the words
“citizens and” before “subjects,” as being redundant in that particular
application.
I trust that the President will be disposed to accept the above
amendments in a spirit of conciliation, as they can not in any way
prejudice the case of the United States, and Lord Salisbury is willing
on his side to meet the wishes of the President as regards the
alteration desired in article i, subject to
the addition of an article, the reasonableness of which will no doubt be
readily admitted. The President desires that in article i of the draft the words “until May, 1893,”
should be struck out, and that the words “pending the arbitration”
should be substituted, for the reason that the arbitration may not be
concluded at the date above mentioned.
Lord Salisbury is willing to accept this amendment, provided that an
article be added to the draft to the effect that the convention may be
denounced by either party at two months’ notice at any time after the
31st of October, 1893. I beg to inclose a copy of the draft convention
in the form in which I am authorized to sign it on behalf of Her
Majesty’s Government, the amendments being inserted in red ink.
I have, etc.,
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[Inclosure.]
Convention between Great Britain and the United
States of America for the renewal of the existing “modus
vivendi” in Behring Sea.*
Whereas by a convention concluded between Her Majesty the Queen of
the United Kingdom of Great Britain and Ireland and the United
States of America 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’s Sea, and concerning also the preservation of the fur seal
in, or habitually resorting to, the said sea, and the rights of the
subjects and citizens 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,
have [determined to provide against the undue diminution of the seal
herds, subject however to the right to claim compensation as] agreed to adjust such difference in manner
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:
- 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 St. Michael and St.
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;
- And the President of the United States of America, James
G. Blaine, Secretary of State of the United States;
Who, after having communicated to each other their respective full
powers, found in due and good form, have agreed upon and concluded
the following articles:
Article I.
Her Majesty’s Government will prohibit [until May, 1893] during the pendency of the arbitration
seal-killing in that part of Behring Sea lying eastward of the line
of demarcation described in article No. i
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.
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 he 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 and arguments of that Government before
the arbitrators, it is agreed that suitable persons designated by
Great Britain will be permitted at any time, upon application, to
visit or 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] be to affirm the right of British sealers to
take seals in the Behring Sea within the bounds claimed by the
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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] be to deny the right of British sealers to
take seals within the said waters, then 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 basis of the difference between this number and
such larger catch as in the opinion of the arbitrators might 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.
This convention may he denounced by either of the
high contracting parties at any time after the 31st day of
October, 1893, on giving to the other party two months’ notice
of its termination; and at the expiration of such notice the
convention shall cease to be in force.
Article VII.
The present convention shall be duly ratified by Her Britannic
Majesty and by the President of the United States of America, by and
with the advice and consent of the Senate thereof; and the
ratifications shall be exchanged either at London or at Washington
as early as 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.
