Mr. Bayard to Mr.
Gresham.
Embassy of
the United States,
London, May 30,
1894.
Sir: I have the honor to acknowledge your
instructions dated May 12, with certain in closures, all having relation to
the international arrangements to carry into effect the award and
regulations by the Paris Tribunal of fur sealing in the waters of the North
Pacific and Bering Sea.
Your expressions of appreciation and approval of my official action here, in
assisting your efforts to make this resort to arbitration successful, are
naturally gratifying and are fully appreciated by me.
As the transaction has been conducted on both sides with honorable candor,
and with the single purpose of performing a clearly stipulated class of
international duties and obligations, it may reasonably be expected that the
progressive execution of the treaty and the award, under the cooperative
laws and regulations of the two high contracting powers, will be complete
and satisfactory.
I beg now to inclose copies of two notes, dated respectively April 30 and May
3, addressed by me to Lord Kimberley, in relation to the orders in council
requisite to execute the British statutes, and prevent violation of the
interdictions against pelagic sealing within the award area.
These documents complete, I believe, the correspondence which has thus far
taken place touching the arrangements between the United States and Great
Britain for the policing of the award area recited in the regulations
established by the Paris Tribunal.
I have also the honor to acknowledge your instruction, dated May 14,
transmitting a copy of an agreement between the United States and Russia for
a modus vivendi, in relation to fur sealing in the waters of Bering Sea and
the North Pacific Ocean.
This instrument runs upon the identical lines of the British arrangement with
Russia, which was in force in 1893, and is renewed for the present year.
The announcement in the note of the Russian minister at Washington of the
readiness of Russia to join in a quadripartite convention with the United
States, Great Britain, and Japan, to regulate sealing in all the waters of
the Pacific Ocean north of the thirty-fifth parallel of north longitude is
very satisfactory, and I can not doubt that Japan
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will be equally willing to lend her aid in putting an
end to pelagic sealing.
The interdiction of the use of firearms, nets, and explosives, in the capture
of seals, can not fail, if obeyed, to make pelagic sealing almost
profitless, and one or two seasons of rigid enforcement of the regulations
by active marine police will suffice, I trust, to put an end to the wasteful
and cruel slaughter of the seal in the sea.
I have, etc.,
[Inclosure 1.]
Embassy
of the United States,
London, April 30,
1894.
Dear Lord Kimberley: Let me thank you for your
note of Saturday last, which came to my residence that night.
I am glad to have copies of the British Bering Sea act as finally
approved, and also of the explanatory maps of the award area in these
waters.
The questions of the form of license and the distinguishing flag for the
fur-sealing vessels will no doubt be easily and satisfactorily agreed
upon at the State Department at Washington by the representatives
mutually in charge.
While it does not occur to me that there will probably be any objection
to the United States officers of the marine patrol distributing copies
of any of the documents of either Government to the sealing vessels, yet
the protecting value or condoning force of such papers to vessels found
flagrante delicto is not quite obvious, i. e., pursuing seals in
contravention of the provisions of the award at Paris, which, in the
words of the instructions of the admiralty issued to Her Majesty’s
vessels, were “matters of common knowledge before the sealers
started.”
Although the telegraph newspaper reports allege the delivery several days
ago to Sir Julian Pauncefote in Washington of (confidential) copies of
the President’s instructions to United States cruisers in which
authority is given to Her Majesty’s officers in command of the
patrolling vessels to make seizure of United States sealing vessels
contravening the act of Congress, yet I have telegraphed to Washington
for the information requested in your note, and so soon as I receive the
exact terms by which the President will confer on commanders of Her
Majesty’s cruisers, authority to arrest United States vessels I will
communicate with you.
Believe me, etc.,
[Inclosure 2.]
Embassy
of the United States,
London, May 3,
1894.
Dear Lord Kimberley: The mail of last night did
not bring me the documents I expected, relating to the United States
ships and officers detailed for service in the patrol of the Bering Sea
award area, nor the precise terms of the President’s instructions
including therein authority to the commanders of Her Majesty’s
cruisers.
Impressed with our conversation yesterday afternoon, I felt very desirous
of conveying reassurances to my Government of the fulfillment
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uberimma fide of the British
share of duty in carrying out the results of the arbitration, and I have
to-day telegraphed Secretary Gresham to the effect that, in my interview
with your lordship, I became fully impressed with the belief that the
reported objections or interference by the Canadian officials would not
be allowed by the Government of Her Majesty to prevent the consummation
of the agreement to execute the letter and spirit of the award, by
competent regulations under the authority of the order in council.
Believe me, etc.,
