Mr. Gresham to Sir Julian Pauncefote.
Washington, April 18, 1894.
Excellency: There is a palpable error in the act of Congress entitled “An act to give effect to the award rendered by the Tribunal of Arbitration at Paris, under the treaty between the United States [Page 178] and Great Britain, concluded at Washington February 29, 1892, for the purpose of submitting to arbitration certain questions concerning the preservation of the fur seals,” approved April 6, 1894.
The first regulation or article of the award provides that fur seal shall not be pursued or captured at any time within a zone of 60 geographical miles around the Pribilof Islands “inclusive of the territorial waters,” plainly meaning 60 miles from the shore and not 60 miles beyond the 3-mile limit. In describing the zone in the first section of the act, however, the word exclusive was used instead of inclusive.
While the mistake is regretable it can lead to no embarrassment, as this Government construes section 1 as meaning precisely the” same as article 1 of the award, and instructions to our naval commanders will be framed accordingly.
I have, etc.,