Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-03-09
THE BERING SEA
The Correspondence Sent to the Sem
ate Today.
THE SEA AND THE SEALS.
The Senate May Not Ratify the Arbitration
Treaty Unless the Modus vivsndi 10 Agreed
to-Diplomatic sparring~Grest Britsin's
Unreasonable Position.

Ine I'm preston seems 10 prevail around the
State Department today that in the light of the
correspondence which has been sent up to the
Senate the treaty between Great Britain and
the United States submitting the Boring sea
question to arbitration will be almost unani-
mously rejected. The reason for this is, OF
course, the action Of Salisbury in refusing to
agree to renewal Of the modus
yivendi for the coming season The
correspondence in the matter that was fur
nished to heSeuate was not made public at the
State Department, but it was pretty generally
understood that IN his most recent commnnl-
cation to Great Dritain's representative the
President insisted upon such a renewal, leaving
no alternative whatever, and in view OF this the
situation Is regarded more critical than IL
has been at any time yet
sALrsBURY's LACE OF GOOD FAITH.
Al stated in The STAR before. salisbury's
agreement to the treaty Of arbitration, coupled
with the condition that the modus vivendi
should not be renewed, was looked upon by the
State Department. and in all probability by the
President himself, as being hardly in good
faith. and such a view was undoubtedly held
and freely expressed at the meeting of the
cabinet yesterday. The prevalent idea
seemed to be that the absence
Of q modus vivendi and the consequent
opening of Bering sea for the present season to
the indiscrimnate slaughter Of seals by posch-
ers would undoubtedly result in serious injury,
II not the total destruction Of the industry, and
thus defeat the very object sought in the ne
gotiations between the two countries. 1t was
therefore decided to insist on y modus vivendi
somewhat similar to that OF last year, having
for its object the protection of the seal fish
cries by the joint action of Great Britain and
the United States pending the settlement Of
the questions at issue by arbitration
THE PRESIDENTS REPLY.
The most significant event of the day. how
ever, was the transmission to Sir Julian Paunce-
fote Of communication from this government
In answer 70 Lord Salisbury's note in which he
refused to agree to a mcdus yivendi This
communication was delivered by Assistant Sec
rotary Wharton to the British minister late in
the afternoon and after the meeting of the cab
met, 50 that IL may be said to have embodied
the conclusions reached by that body. 1t cour-
tecusly but firmly insisted upon the ability and
intention Of the government of the United
States to protect the seals and all other prop
erty rights claimed by it In the Bering sea by
virtue Of the treaty of 1867 with Russia
The entire text of this communication was
cabled by Sir Julian to his home government
later in the evening. The reply from Lord SAL
isoury Is awaited with the deepest interest for
il is thought that this will be the turning point
in the negotiations. A great deal depends upon
the position that England will next assume.
LORD sALIsDURY's ANSWER AWAITED.
II she holds to her present intenti a there
can DO little doubt that when the sealing feet
starts for Boring sea the United States revenue
vessels viii receive orders from headquarters
to arrest the poachers- If it Is the desire OF
Great Britain, as has been claimed simply to
have test Case brought before the Alaska
court and from there to the United
States Supreme Court Great Britain stands
a very, good chance of getting
s sa1 d sss "n sha shs THAT % ob, nS,
to the seizure in Bering sea Of vessels flying
the British flag. then II would be u difficult
matter to say what the final outcome Of the
affair viii be- For that reason the expected
answer of Lord Salisbury is awaited with an
interest that approaches very near to anxiety.
The Correspondence.
The correspondence sent by the President to
the Senate today begins with a note from Mr.
Blaine to Sir Julian Pauncefote, May 4, 1881, in
which he reviews the negotiations for a modus
yivendi pending the result of arbitration, DC,
and Sir JulIans acknowledgement, written the
following day
The proposal for a modus vivendi by the
British government was submitted June g.
The next day, June 4, Mr.. Wharton. under
directions Of the President, proposes substi-
tutes Tor certain provisions OF the British pro-
posa. for modus yiyendI, to and especially
making the assent of Russia a requisite.
In further correspondence between Mr..
Wharton and SIR Julian Pauncefote. in June
they discuss suggested provisions of the treaty
of arbitration, and juno 10 the
proclamation OF the modus viyendi
was issued. On the 18Th of June. Mr..
Wharton writes to Sir Julian referring to Mr.
Blaine's note Of December II. 1881, proposing
six questions for arbitration and presenting at
length the case Of the United States In sup
port Of the claim 20 jurisdiction over Ber-
ing sea, and Lord SalIsDurys reply, at
equal length, dated February 81 1891.
which accompanies the corresponds nee as a
separate pamphlet In his note Salisbury OBJ
Jscted to the sixth proposition advanced by
Dir. Blaine on the ground that 1t attributed .
Inc United States special and abnormal rights.
ME- wHARroS's PROPOSITION.
To obvia:e this objection Mr.. Wharton was
Instructed to propose the following: (6) II the
determination Of the foregoing questions as to
the exclusive jurisdiction OF the United States
shall leave the subject In such Do
sltion that the concur TN of Great
Britain is necessary to tho establishment of
preservation OF the fur seal In, or habitu.
ally resorting TO, the Boring Sea,
the arbitrstors shall then determine
what concurrent regulations outside the
3urisdictionsl limits OF the respective govern
uents are necessary and over what waters such
regulations should extend; and, to aid
than in that determination, the report
OF the joint commission to be ap-
pointed BY the respective governments
shall be laid before them, with such other evil
dance as either government may submit The
contracting powers Furthermore agree to CO.
operate in securing the adhesion of other
powers &c such regulations.
Also to propose an additional clause for arbi-
tratlon relating 10 damages to be awarded for
seizures OF British vessels If such seizures shall
be found TO have been unwarranted and dam
ages 10 be awarded 70 the United States for in
1Uries resulting to the United States b. reason
OF the killing Of seals In the Boring sea by
persons acting under the protection Of tine
British flag if such killing shall be found to
have been infraction OF the rights of the
United States.
Ihs appointment Of four commissioners TO
Investigate al the facts having relation to seal
Lie In Boring sea and the measures necessary
Tor its proper projection and preserya alton 10
agreed TO in this note.
Subsequent correspondence during the latter
part OF June and first Of July relates to the ap-
pointment Of the commissioners and arrange
paents Tor their visit to the Bribyloff Islands
rHk QUESTION OF LIABILITY.
After various letters had passed Mr. Wharton.
under date Of September ], recurring to the
clause providing for arbitration Of the question
OF liability and compensation for violation of
United States rights in BerinS sea Informed
Sir Julian that the President insists that the
question OF liability, to which Lord Salisbury
had objected. rlust go to arbitration October
IL; he calls Sir Julian's attention to the fact
tnat ten weeks have elapsed since the proposal
Tor the settlement Of claims for damages was
submitted, and that the modus yivendi expires