The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-03-28
Terms on Which the ModuS
Vivendi May Be Renewed.
TWO PROPOSITIONS SUBMITTED.
One Is That All Killing Shall Stop,
Damages Assessed to Loser.
cries and by Vessels That Give Bonds
Shall Continue, ArDitrators to Assess
Damages to Losing Power.

under date of March 26 replied as follows
| to Sir Julian Pauncefote in response to
Mr.. Wharton's note of March %. He says:
Notice hes been given to owners OF ships sail
| ing for the BeTing sea that the agreement to
arbitTate and immediate arrangements under
discussion between Great Britain and the United
States may affect the liberty OF sealing in Bering
sea They have had noti g of their liability to
interruption, and will sail subject 20 that notice.
The question OF time, therefore, is not urgent.
We concur in thinking that when the treaty is
ratified our contract will be governed by your
note of June a. 1s90 But when it is
ratified both parties must admit that the
contingent rights which both desire to protect
become vested in the other. We think prohibi-
tfon OF sealing, il it stands alone. would be I'M
just to British sealers if the arbitrators should
decide adversely to the United States. We are
willing, however, when the treaty shall be rati-
fed, to agree to al arrangement similar TO last
years, if the United States will consent that the
arbitrators, in the event OF decision adverse
to the United States. shall assess the damages
inflicted on British sealers during pendeney OF
the arbitration, and in the event OF a decision
adverse to Great Britain, shall assess the dam
ages which the Limitation of slaughter shall
during tendency of the arbitration have in
ficted on the United States or its lessees.
As alternative we are willing, after ratif-
cation of the treaty to prohibit sealing iu dis
puted waters if vessels be excepted from the
prohibition which produce certificate that
they have given security for such damages as
the arDitrators may assess in case OF decision
adverse to Great Britain, the arbitrators to
ceive the necessary authority in that respect.
In this restriction of slaughter on the
islands will not, in point OF equity, be necessary.
Her majesty's government is unable to see
| any other than one of these two methods of re-
stricting seal hunting in the disputed waters
| during arbitration which would be equitable to
| both parties.
A later note from Lord Salisbury to Sir
| Julian Pauncefote, under date of March
| &c, says:
With further reference to your telegram of
| March % 1 am not prepared to admit as
| gather that the president thinks, that we OBJ
jected to the arbitrators having Jurisdiction to
| awarding damages inflicted IN the past by the
| party against whom the award is given. ! only
| objected to her majestys government being
| liable for acts they have not committed. / am
| ready to consent to referring this point on the
| following terms: In case the arbitrators decide
| in favor of the British government, they may be
| asked to further decide whether the United
States government has, since 1885, taken any ac-
| ton in Bering directly iniicting wrongful
loss upon British subjects. and also to assess the
| damages incurred thereby; that in case the
! bitrators decide in favor of the government of
| the United States, they may ask them to decide
| further whether the British government has,
! since 1850, taken any action in Boring sea di-
| rectly inflicting wrongful loss on the United
States and their subjects and. if go, assess the
| damages incurred thereby.
WASHINGTON CITY, March 27.-Salis-
| bury's reply to Acting Secretary Whar-
| tons note of the 22d inst, expressing the
| hope OF the president that Lord Salisbury
would give prompt and friendly renewal
| of last years modus vivendi for the pro-
lection of seal life in Bering sea, laid
before the president this afternoon, bears
| date of the 26th, and was received by
| Wharton today through Pauncefote.
| When Wharton laid it before the presi-
| dent he had brief talk with him regard
| ing the contents. Neither the president
nor the secretary would indicate through
| the press the nature of the communication.
| Pauncefote's note of June Il, 1890, to
! Blaine, referred to in Salisbury's reply of
| March 26. expressed his regret at failure to
receive assurance that during the continu-
ance of negotiations for the settlement of
the seal fisheries question British vessels
would not be interferred with by the
| United States revenue cutters in Bering
| sea outside of territorial limits, and pro-
| tested against such interference with Brit
| ish vessels, and said that her majesty's
! government had learned with great
concern that the government of the United
| States has issued instructions TO revenue
| cruisers about TO be dispatched to Bering
sea under which the vessels of British sub
! jects would again be exposed IN the prose-
cution of their legitimate industry on the
high seas to unlawful interference at the
| hands of American officers. Her maies-
| tvs government was anxious 10 cooperate
to the fullest extent of their power with
| the government of the United States in
| such measures as may be found expedient
| for the protection of the seal fisheries
| They at the present moment are engaged
| in examining, in concert with the govern
| ment of the United States, the best method
| of arriving at an agreement upon that
| point. But they cannot admit the right
| of the United States of their own
sole motion to restrict for this pur-
! pose the freedom of navigation
| of Bering sea, which the United States
| themselves in former years convincingly
| and successfully vindicated; nor to enforce
their municipal legislation against British
vessels on the high seas beyond the limits
of their territorial jurisdiction. Her
| majesty's government is therefore unable
to pass over without notice the public an
| nOuDCeNeDL OF lHtehtlDH on tile part OF
| the government of the United States to
| renew acts of interference with British
vessels navigating outside the territorial
| limits of the United States, of which they
have previously had 10 complain. The
| note concludes:
The undersigned, in consequence, ia sinstructed
| to formally protest against such interference
| and give notice that her Britannia maiesty's 8
| government must hold the government OF the
| United states sponsi bic for any consequences
| that may ensue from acts which are contrary to
| the established principles OF international law
| The undeEaigned is, etc.
JULIAS PAUScEForE
| LoyDoS, March 27.-The Ne,cs approves
Lord Salisbury's proposals. but says the
Americans justly regarded with disfaYor
the proposals that the fishery be opened
10 vessels or guaranteeing damages.
The Chronicle regrets that the CORE
spondence will not tend to popularize ar
| bitratiOn. It says:
| Mr. Blaine very cleyerly, by a sort OF attor-
| ney's trick. put Lord Salisbury in a somewha,
| absurd position by consenting to arbitrate
| whether we ever had or have right to catch
| seals on the way 20 American breeding waters
| We admit our right doubtful. The world
would vote us fools TO 60 to war or,
account OF 1900 seals. II matters nothing
| for President Harrison to assume an attita De
| spread d-eagleiSm not only marked BY rank in.
| btts uerfaefIv r-rosesora IN