Sir Julian Pauncefote to Mr. Gresham.

Sir: I have the honor to forward to you herewith, in accordance with instructions which I have received from the Earl of Kimberley, copy of a note addressed to his lordship by M. de Staal, Russian ambassador at the court of St. James, respecting the protection of the fur-seal species.

The Russian ambassador states that the Russian Government can only adhere to the regulations prescribed by the award of the Tribunal of Arbitration for the protection and preservation of the fur-seal species, provided that they shall be extended to the whole of the Pacific Ocean north of the thirty-fifth degree of latitude.

I have, etc.,

Julian Pauncefote.
[Inclosure.—Translation.]

M. de Staal to the Earl of Kimberley.

My Lord: On the 20th August last your excellency was kind enough to inform me of the desire expressed by the Government of Her Britannic Majesty to see Russia adhere to the terms of the treaty of Washington concluded in 1892 between the British and American Governments for fur sealing in the Pacific Ocean.

Having communicated to my Government the desire expressed by your excellency, I am to-day able to make known to you the tenor of the reply of the Imperial cabinet to your proposition.

The Russian Government having for its fisheries the same duties of protection as the two contracting powers in regard to their respective subjects, our adhesion to the arbitral regulation is subordinate to the condition that the measures prescribed by the arbitrators and stipulated by the Paris Tribunal of Arbitration shall be extended to the whole of the Pacific Ocean north of the thirty-fifth degree of north latitude, and in general to the Russian fisheries in Bering Sea and around the Robben Islands.

This condition is imposed upon us by the legitimate care for our interests in those regions and by the nature of the agreement to be established. Its purpose can not be destroyed, in fact, if the protection of the fisheries is limited (art. 2 of the arbitral award) to the eastern portion of those waters. Besides, this limit would be defined by an imaginary line and might give rise to misunderstandings.

I have been requested to bring the above to the knowledge of the Government of Her Britannic Majesty.

In fulfilling this duty near your excellency, I have, etc.,

Staal.