Mr. Bayard to Mr.
Gresham.
Embassy of
the United States,
London, March 7, 1894.
(Received March 16.)
Sir: In continuance of the subject of my last
dispatch of February 28 and its inclosures, I have now the honor to inclose
herewith a copy of a note, dated the 2d instant, which I received on the 3d
instant after the departure of the mail to the United States on that
day.
By the resignation of Mr. Gladstone, Lord Rosebery has become prime minister
in his stead; and although the Earl of Kimberley is gazetted as secretary of
state for foreign affairs, yet he has not yet formally been inducted into
office, nor have I been notified of his assumption of its duties.
The tenor of Lord Rosebery’s note is to me disappointing, and I shall at the
earliest possible moment point out to his successor some of the reasons for
such a feeling on the part of the Government of the United States.
Nevertheless, it is somewhat satisfactory to observe the emphasis with which
assurance is given “that the United States Government may rely upon the
loyal fulfillment of the obligations imposed (by the decision of the
Tribunal of Arbitration at Paris) upon this country.
It is difficult to see why recourse was to be had by Her Majesty’s Government
to “expert advisers” in regard to concluding a convention for the formal and
explicit acceptance by both nations of the determination of a tribunal to
which in advance and by formal treaty they had mutually pledged their faith
and covenanted to procure the adhesion of the other powers.
If, however, an efficient and plenary execution of the Paris award and the
regulations as determined and established for the control of
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fur-seal hunting in the North Pacific and
Bering Sea can be obtained by cooperative statutes, the desired end will
have been attained, and I sincerely trust the draft of legislative
enactments which Lord Rosebery states went forward ten days ago to
Washington may prove satisfactory and competent for the end in view.
For your possible convenience, I inclose copies of the imperial act* of 1893, referred to in Lord Rosebery’s
note, which remains in force till July, 1895, and draw your attention to
certain provisions which I have marked in relation to wide powers bestowed
upon the Queen in council.
Just so soon as it is practicable I propose to address a note to the new
secretary of state for foreign affairs, in order that the averments of
intention “to give prompt effect to the regulations framed by the tribunal,”
contained in Lord Rosebery’s note, may not lack a corresponding agreement on
the part of the United States, and the substance of a treaty may thus be
framed for future use and reference.
I have, etc.,
[Inclosure 1.]
Lord Rosebery to
Mr. Bayard.
Foreign
Office, March 2,
1894.
Your Excellency: Her Majesty’s Government have
given due weight to the considerations urged by your excellency at our
interview on the 26th ultimo, in support of the proposal of the United
States Government that a convention should be concluded at once between
Great Britain and the United States for the purpose of giving effect, as
soon as possible, to the award of the Tribunal of Arbitration as regards
the regulations therein prescribed and applicable to the high seas.
They have also given careful attention to your excellency’s note of the
23d instant, which you placed in my hands in the course of our
interview.
In that note the disappointment of the United States is expressed at the
unexpected and regrettable delay which has occurred in coming to an
agreement as to the best means of giving effect to the award.
At the risk of repeating what I said to your excellency on that occasion,
I desire to record my emphatic assurance that there is no wish on the
part of Her Majesty’s Government to evade the decisions or to disregard
the recommendations of the arbitrators, and that the United States
Government may rely on the loyal fulfillment of the obligations thereby
imposed on this country.
Considerable delay has, no doubt, occurred, but on the part of Her
Majesty’s Government it has been caused by the repeated references
which, in view of the magnitude of the Canadian interests involved, it
has been incumbent on Her Majesty’s Government to make to the Dominion
Government.
The first object of both powers is to give prompt effect to the
regulations framed by the tribunal. The principal end of these
regulations is to control the operations of pelagic sealers on the high
seas. The new sealing season is rapidly approaching, and Her Majesty’s
Government concur with the Government of the United States that unless
some steps be taken at once, there is risk that the objects of the award
may, during the present year, be defeated, a result which would be
equally deplored by both Governments.
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The proposal of your Government is to proceed by a convention. This
suggestion has been carefully considered by her Majesty’s Government in
communication with their expert advisers. They do not, however, find
themselves able to share the views expressed in Mr. Gresham’s note to
Sir Julian Pauncefote, of the 24th January, as to the advantage of this
mode of proceeding.
I need not trouble your excellency at length with the reasons on which
their conclusion is based, as I have instructed Sir Julian Pauncefote to
communicate them confidentially to Mr. Gresham; but I may mention that
Her Majesty’s Government have no power to put into force by order in
council, as your excellency thought possible, the provisions of a
convention such as is proposed by Mr. Gresham. Their powers in that
respect regarding the fur-seal fisheries are limited to those conferred
by the imperial act of 1893 (North Pacific seal fisheries act, 1893),
which remains in force till July, 1895. For carrying out the award of
the tribunal fresh legislative enactments, will, in any case, be
required. A bill for that purpose has, as I informed your excellency,
been prepared, and I forwarded it to Her Majesty’s ambassador at
Washington by the mail of the 24th ultimo, and I have instructed his
excellency to communicate it confidentially to Mr. Gresham, and to
explain and discuss with him the course which Her Majesty’s Government
think most advisable under the circumstances.
I have, etc.,
