Mr. Gresham to Prince
Cantacuzene.
Department
of State,
Washington, March 28,
1894.
My Dear Sir: Referring to a communication of this
morning, I inclose herewith for your information draft of a modus vivendi
which the United States are willing to enter into with the Imperial
Government of Russia for the, protection of fur seals on the Russian side of
the Bering Sea.
Very truly, yours,
[Inclosure.]
Agreement between the Government of the United
States and the Imperial Government of Russia for a modus vivendi in
relation to the fur-seal fisheries in Behring Sea, and the North
Pacific Ocean.
For the purpose of avoiding difficulties and disputes in regard to the
taking of fur seal in the waters of Bering Sea and the North Pacific
Ocean, and to aid in the preservation of seal life, the Government of
the United States and the Imperial Government of Russia have entered
into the following temporary agreement, with the understanding that it
is not to create a precedent for the future, and that the contracting
parties mutually reserve entire liberty to make choice hereafter of such
measures as may be deemed best adapted for the protection of the
fur-seal species, whether by means of prohibitive zones or by the
complete prohibition of pelagic sealing, or by appropriate regulation of
seal hunting in the high seas.
- 1.
- The Government of the United States will prohibit citizens of the
United States from hunting fur seal within a zone of ten nautical
miles along the Russian coasts of Bering Sea and of the North
Pacific Ocean, as well as within a zone of thirty nautical miles
around the Komandorsky (Commander) Islands and Tulienew (Robbin)
Island, and will promptly use its best efforts to ensure the
observance of this prohibition by citizens and vessels of the United
States.
- 2.
- Vessels of the United States engaged in hunting fur seal in the
above-mentioned zones outside of the territorial waters of Russia
may be seized and detained by the naval or other duly commissioned
officers of Russia; but they shall be handed over as soon as
practicable to the naval or other commissioned officers of the
United States or to the nearest authorities thereof. In case of
impediment or difficulty in so doing, the commander of the Russian
cruiser may confine his action to seizing the ship’s papers of the
offending vessels in order to deliver them to a naval or other
commissioned officer of the United States or to communicate them to
the nearest authorities of the United States as soon as
possible.
- 3.
- The Government of the United States agrees to cause to be tried by
the ordinary courts, with all due guarantees of defense, such
vessels of the United States as may be seized, or the ship’s papers
of which may be taken, as herein prescribed, by reason of their
engaging in the hunting of fur seal within the prohibited zones
outside of the territorial waters of Russia aforesaid.
- 4.
- The Imperial Russian Government will limit to 30,000 head the
number of fur seal to be taken during the year 1894 on the coasts of
Komandorsky (Commander) and Tulienew (Robbin) islands.
- 5.
- Tire present agreement shall have no retroactive force as regards
the seizure of any seal-hunting vessel of the United States by the
naval or other commissioned officer of Russia prior to the
conclusion hereof.
- 6.
- The present agreement being intended to serve the purpose of a
mere provisional expedient to meet existing circumstances, may be
terminated at will by either party upon giving notice to the
other.
In witness whereof we, Walter Q. Gresham, Secretary of State of the
United States, and Prince Cantacuzene, envoy extraordinary and minister
plenipotentiary of His Majesty the Emperor of all the Russias, have, on
behalf of our respective Governments, signed and sealed this agreement
in duplicate and in the English and French languages, in the city of
Washington, this day , 1894.
[seal.]
[seal.]
