Form of identic note referred to in the preceding note.
_____, _____, 1892.
Mr. Minister: Differences have arisen between the Government of the United States and the Government of Her Britannic Majesty concerning the jurisdictional rights of the United States in the waters of the 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, the high contracting parties, in order to remove and adjust all complaints and claims on behalf of either party and to provide for the speedy settlement of the questions at issue, have agreed, by the treaty signed at Washington on the 29th of February, 1892, and by the fifth article of the convention signed at Washington on the 9th of May, 1892, of which treaty and convention copies are annexed, to refer the questions specified therein to a tribunal of [Page 643] arbitration to be appointed in the following manner, that is to say: Two shall be named by the President of the United States; two shall be named by Her Britannic Majesty; His Excellency the President of the French Republic shall be jointly requested by the high contracting parties to name one; His Majesty the King of Italy shall be so requested to name one; and His Majesty the King of Sweden and Norway shall be so requested to name one. It being further agreed that the seven arbitrators to be so named shall be jurists of distinguished reputation in their respective countries, and that the selecting powers shall be requested to choose, if possible, jurists who are acquainted with the English language.
The high contracting parties, therefore, reposing entire confidence in the spirit of justice and impartiality which distinguishes His Excellency the President of the French Republic, the common friend of the two States, have agreed, in pursuance of the said treaty of February 29, 1892, to address themselves severally to His Excellency and to request His Excellency to be pleased to appoint an arbitrator to form, with the arbitrators to be appointed by the respective high contracting parties and by the other two powers above named, the tribunal of arbitration, to which the reference agreed upon in the said treaty and convention shall be made. And, in view of the questions at issue having arisen between two English-speaking peoples and of the circumstance that the proofs to be adduced and the arguments to be made will necessarily originate for the most part in the English language, in which form they may most conveniently and expeditiously be considered by the tribunal of arbitration, the high contracting parties deem it opportune to unite in the further request that His Excellency the President of the French Republic choose as an arbitrator, if possible, from among the jurists of distinguished reputation in France, one acquainted with the English language; without prejudice, however, to the entire liberty of the arbitrator so named to give any individual opinion in the course of the arbitration and any written decision he may render, in the language of his nation, or in any language that shall be agreeable to him.
The undersigned, envoy extraordinary and minister plenipotentiary of the United States of America, having received the orders of his Government to communicate to His Excellency the President of the French Republic the agreement thus made, on behalf of the United States, has been further charged to express the earnest wish of the President of the United States that His Excellency the President of the French Republic will be willing to afford his good offices on the present occasion, and will be pleased to appoint an arbitrator to act in the premises.
The undersigned has the honor to request the minister for foreign affairs to lay this communication before His Excellency the President, and to be pleased to make known to the undersigned His Excelleney’s determination with regard to the request herein set forth.
The undersigned avails, etc.,