New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-03-10
DETAILS or1HE CORRESPONDENCE.
THE rosG INTERCHANGE OF NOTES CONCERNING
THE ARBITRATION TREATY.


w.s,,nxtan March e-The correspondence between
.n stan. Department and sir Juhn Pauncefoe ocglhs
On Ap1l 90 1891, but inasmuch as the DePar''iont
~ state has heretofore made public that part vi t
which is Included between the da'cs oI 'aii"'''
and June 10, 1891, 1t is unnecessary 70 reVle" %
correspondence covering that penod OF tule' ~
stntus OF the negotiations on June 10, looi m"S NC
,r,.er summarized as follows Secretary Bfilhe "'o
propos.d MAY A. n modus vivendi, pending the feu.'
Of arbitration looking TO the total prohOuol Vi e'"
ing in Behring sea- Many notes on ths suD!c'' WIZ
EXCHANGED. Tho correspondence CLOSING on 'u"e 40
contained the assent Of both Governments 10 ue pio
nosed modus vlvend, which signed two days later,
on lime 49, by the terms Of this document tie Oh0u
states and British Governments agreed TO pIohiDt
seal killing in Behrng sea until May l. lo"-' wiz"
the reservation by the United states OF the rsht "
tohe 500 seal for the support OF the nauves rro
vision was made for the seizure OF OFFENDING VcssoiS
opd the trial of their officers. 1t was also agreed 10
eppont a Joint commission OF four experts 70 report
an the necessity for international arrangements oh
lime 20 Acting Secretary Wharton furnished sr 'an
Iauncefote with copies Of the Instructions lSsueu ny e
Navy Department In pursuance OF the pTociiln''los
concerning the modus vivendi, and on juno 10 or
milan pauncetote furnished Mr. Wharton copies OF the
instructions issued TO the British Naval onlccis ana
made suggestion that tie two Governments agree "
Indemnify each other for acts in execution OF the modus
yivendi The negotiations with regard 70 the question
OF arbitration resumed June 70 N note ioii
Mr. Wharton to Sir Julian PaunceIotc, IN winch TIC
submits final clause in the matter Of indennrcao
ton by which the interests OF the United states as
gunner az the seal fisheries not ignored"
Sir Julan replied July l3 saying that the proposition
in regard to ndemnncaton made In the note OF juno
Of appeared to Lord Salisbury TO prejudice The ques-
ton Of liability. form was therefore suomt'eo
providing that not only the facts. but also the liability
arising rom them should be passed upon by the aroi-
traitors . -,
ON Jnlv % Mr. Wharton replied that this objection
had not been ANTICIPATED. but with view TO re-
moving the last point of difference, the proposition
had been modified accordingly. on August 10 er
Julian solicited reply to the question raised IN MS
note OF June 49, in the matter Of indemnity Tor acts
committed By tie cruisers OF either nation. MI
Wharton replied on August Il that the president
thinks 1. will be time consider the question OF In
demnfty when occasion has been given TO claim the
same"
On August 90 Sir Julian Informed Mr.. Wharton that
the British Government could not accept the form
proposed IN the note of July %, because implying the
admission Of the doctrine that Governments are iaDie
for ts OF tner nationals. Without leaving the ues-
ton Of damages entirely out, suggested by Mr..
Wharton at one time, he said middle course might be
adopted and the questions OF fact referred 10 Tie
arbitrator. lie submitted the wording of the clause
drafted Oh that basis. On the same day sir Julian
Informed Mr.. Wharton that the killing of seals Is
permitted, according to reports received IRON the
number agreed upon G. 500 Is already exceeded, the
excuse being that the limitation begins with the sig
nature of the modus vivendi agreement lie says MS
Government Is convinced the President will not
countenance any such evasion OF the spirit OF sald
agreement. ON september :, Mr.. Wharton wrote to
Mr. InuncefOe that the President did not assume
liability on the part of Great Britain, but the CON
trnry, wished 10 put the question Of liability u
arbators. He could not accept the counter PROPOSE
ton to submit the question OF facts only, those were
well known, and must insist that the question of ia-
biiy should 60 to arbitration.
on october 10 Nr. Wharton wrote to Sir Julian in
regard to the alleged killing Of seals in of the
number agreed upon that the Treasury seal agent and
the Naval officers present had interpreted that the
Limitation of 200 should begin with the signing Of the
agreement. on october II Mr.. Wharton called atten-
ton to the delay Of ten weels in replying TO the pro
posal Of July % for the settlement of claims for dam
ages and also called attention the fact that the
modus vivendi would expire May .. 1892. lie said
.The President feels that. effective action is TO
be taken in the matter before the next nshug season
opens all the terms of agreement Of arbitration should
be disposed Of Immediately" TO this sir Julian replied
October 10 that most Of the period Of ten weeks had
been taken up in informal discussions and October
IL he said that the British Government Insisted upon
It's Interpretation of the damage clause presented
practically renewed.
Mr.. Wharton replied october %. rcgrettng the deter
minaon expressed by sir Julian, and argued in favor
OF clause providing that questions Of fact only shoud
he submitted arbitration, the question OF the liability
being reserved for future negotiations. This PROPOSE
ton wns accepted by Lord salisbury October % and
November %. Sir Julian informed Mr. Blaine that
two reservations were desired in Article g. viz. That
tho necessity and nature Of any regulations shoud be
left TO the arbTaOrs and that such regulations should
not become obligatory upon the United states and Great