Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-03-28

Conditions which May Accompany . Re-
newal Of the Modus vivendI.
Lord Salisbury, the British premier, under
date OF March 26, has replied as follows TO Sir
julian Pauncefote in response to Mr.. Wharton's
note Of March 70:
I'm reply to your telegram Of the 23d in
slant. notice has been given to owners Of ships
sailing for Boring sea that both agreements at
present under discussion between Great
Britain and the United States-that az to arbi-
tration and that % to an intermediate arrange
ment-may affect liberty Of sealing in Boring
sea They have, therefore, notice Of their LA
bility Of possible interruption, and will sail
subject to that notice. The question of time
is not, therefore. urgent.
Inform the President that we concur in
thinking that when the treaty has been ratified
there will arise q new state Of things. Until il
is ratified our conduct is governed by the Ian
guage of your note of 18th of June 1890. But
when il is ratified both parties must admit that
contingent rights have become vested in the
other. which both desire to protect We think
that the prohibition of sealing il il stands
alone, will be unjust to British sealers If the
decision Of the arbitrators should be adverse to
the United States
An OLD PROPOSAL RENEWED.
I'VE are, however, willing, when the treaty
has been ratified, to agree to an arrangement
similar to that Of last year If the United States
VIII consent that the arbitrator should. in the
event of decision adverse to the United States,
assess the damage which the prohibition of seal
ing shall have inflicted on British seaiers dur
ing the tendency Of the arbitration and, in the
event Of decision adverse to Great Britain,
should assess the damages which the limitation
OF slaughter shall, during the tendency Of ar
bitration, have inflicted on the United States or
its lessees.
AN ALTERNATIVE PROPOSED.
'.As an alternative course We are also willing,
after the ratification Of the treaty, to prohibit
sealing in the disputed waters if vessels be ex-
empted from prohibition which produce a GER
tiicate that they have given security for such
damages as the arbitrators NAV assess in case
Of decision adverse to Great Britain, the
bitrators to receive the necessary authority on
that behalf In this case a restriction of
slaughter on the islands will not in point of
equity lie necessary. Her majesty's govern
ment are unable to see any other than one OF
these two methods OF restricting seal hunting
in the disputed waters during the arbitration
which should be equitable to both parties"
TIE QUESTION OF DAMAGES.
A later note from Lord Salisbury to Sir
Julian Pauncefote, dated March &c, says:
with further reference to your telegram of
the sd instant 1 am not prepared to admit, as
gather, that the President thinks we have OBJ
jected to the arbitrators having jurisdiction as
TO damages inflicted in the past by the party
against whom the award is given. I only OBJ
jected to her majesty's government being
liable for acts they have not committed i
am ready to consent to a reference on this
point on the following terms:
That in case the arbitrator shall decide in
favor of the British government, that govern
ment may ask them further to decide whether
the United States government have, since 1885,
taken any action in Boring directly infiict-
ing wrongful loss on British subjects and if 30
TO assess the damages incurred thereby.
That IN case the arbitrators shall decide in
favor of the government of the United States,
that government may ask them to decide
further whether the British government have,
since 1885. taken any action in Bering sea di-
rectly INJECTING wrongful loss on the United
States or their lessees, and if SO, to assess the
damages incurred thereby"