Bess

AGREEMENT BETWEEN THE UNITED STATES AND GREAT
BRITAIN RESPECTING THE FISHERIES. CONCLUDED JUNE 22,
1885.

NOTICE.

By direction of the President, the undersigned, Secretary of State,
hereby makes known to all whom it may concern that a temporary
diplomatic agreement has been entered into between the Government
of the United States and the Government of Her Britannic Majesty in
relation to the fishing privileges which were granted by the fishery
clauses of the treaty between the United States and Great Britain of
May 8, 1871, whereby the privilege of fishing, which would otherwise
have terminated with the treaty clauses on the 1st of July proximo,
may continue to be enjoyed by the citizens and subjects of the two
countries engaged in fishing operations throughout the season of 1885.

This agreement proceeds from the mutual good-will of the two Gov-
ernments, and has been reached solely to avoid ali misunderstanding
and difficulties which might otherwise arise from the abrupt termination
of the fishing of 1885 in the midst of the season. The immunity which
is accorded by this agreement to the vessels belonging to citizens of
the United States engaged in fishing in the British American waters
will likewise be extended to British vessels and subjects engaged in
fishing in the waters of the United States.

The joint resolution of Congress of March 3, 1883, providing for the
termination of the fishing articles of the treaty of May 8, 1871, having
repealed in terms the act of March 1, 1873, for the execution of the fish-
ing articles, and that repeal being express and absolute from the date
of the termination of the said fishing articles, under due notification
given and proclaimed by the President of the United States, to wit,
July 1, 1885, the present temporary agreement in no way affects the
question of statutory enactment or exemption from customs duties, as
to which the abrogation of the fishing articles remains complete.

As part of this agreement, the President will bring the whole ques-
tion of the fisheries before Congress at its next session in December,
and recommend the appointment of a joint commission by the Govern-
ments of the United States and Great Britain to consider the matter, in
the interest of maintaining good neighborhood and friendly intercourse
between the two countries, thus affording a prospect of negotiation for

16970

2
the development and extension of trade between the United States and
British North America.

Copies of the memoranda and exchanged notes on which this tem-
porary agreement rests are appended.

Reference is also made to the President’s setlist of January
31, 1885, terminating the fishing articles of the Treaty of Washington.

By direction of the President:
.T. F. BAYARD,

Secretary of State.

APPENDICES.

1. Mr. West’s memorandum of March 12, 1865.

2. Mr. Bayard to Mr. West, memorandum of April 22, 1885.
3. Mr. West’s memoranda of June 13, 1585.

4. Mr. Bayard to Mr. West, June 19, 1885.

5. Mr. West to Mr. Bayard, June 20, 1885.

6. Mr. Bayard to Mr. West, June 20, 1885.

7. Mr. ‘Bayard to Mr. West, June 22, 1885.

8. Mr. West to Mr. Bayard, June 22, 1885.

President’s proclamation, January 31, 1885.

1.—Mr. Wests memorandum of March 12, 1885.
{ Memorandum.—Confidential. ]

The fishery clauses of the Treaty of Washington of 1871 will expire
on the 1st of July next. It has been represented by the Canadian Gov-
ernment that much inconvenience is likely to arise in consequence, un-
less some agreement can be made for an extension of the period.

When the time comes (1st of July next) American ships will be actu-
ally engaged in fishing within the territorial waters of the Dominion.
These vessels will have been fitted out for the season’s fishing and have
made all their usual arrangements for following it up until its termina-
tion in the autumn. If, under these circumstances, the provincial
or municipal authorities in Canada were to insist upon their strict
rights, and to compel such vessels, on pain of seizure, to desist from fish-
ing, considerable hardship would be occasioned to the owners, and a
feeling of bitterness engendered on both sides which it is clearly the
interest of both Governments to avert.

It seems therefore desirable, in order to avoid such possible compli-
cations, that both Governments should come to an agreement under
which the clauses might be in effect extended until the Ist of January,
1886.

If this were done the existing state of things would come to an end
at a date between the fishery season of 1885 and thatof 1886, and an
abrupt transition at a moment when fishery operations were being car-
ried on would be thus avoided.

WASHINGTON, March 12, 1885.

3
2.—Mr. Bayard to Mr. West, April 22, 1885.

[Memorandum of April 22, 1885.—Personal. ]

i |

DEPARTMENT OF STATE,

Washington, April 22, 1885.
\ DEAR Mr. West: I have onseveral occasions lately, in conversation, —
acquainted you with my interest in the fisheries memorandum which
accompanied your personal letter of March 12.

Several informal talks I have had with Sir Ambrose Shea have en-
abled me to formulate the views of this Government upon the proposi-
tion made in behalf of the Dominion and the Province of Newfound-
land, and I take pleasure in handing you herewith a memorandum
embodying the results. If this suits, I shall be happy to confirm the
arrangement by an exchange of notes at your early convenience.

I am, my dear Mr. West, very sincerely yours,
T. F. BAYARD.
The Hon. L. 8. SACKVILLE WEST, &c.

MEMORANDUM.

The legislation passed by the Congress of the United States, act of
March 1, 1873, for the execution of the fishery articles of the Treaty
of Washington, has been repealed by the joint resolution of March 3,
1883, the repeal to take effect July 1, 1885. From that date the effects
of the fisheries articles of the Treaty of Washington absolutely deter-
mine, so far as their execution within the jurisdiction of the United
States is concerned, and without new legislation by Congress modifying
or postponing that repeal the Executive is not constitutionally compe-
tent to extend the reciprocal fisheries provisions of the treaty beyond
the Ist of July next, the date fixed by the action of Congress.

Mr. West’s memorandum of March 12, 1885, suggests the mutual
practical convenience that would accrue from allowing the fishing ven-
tures commenced prior to July 1, 1885, to continue until the end of the
season for fishing of that year, thus preventing their abrupt termina-
tion in the midst of fishing operations on the Ist of July.

It has been, moreover, suggested on the part of the Province of New-
foundland and of the Dominion of Canada, that in view of the mutual
benefit and convenience of the present local traffic, consisting of the pur-
chase of ice, bait, wood, and general ship supplies by the citizens of the
United States engaged in fishing from the inhabitants of the British
American fishing coast, the usual operations of the fishing season of 1885
Should be continued by the fishing vessels belonging to citizens of the
United States until the end of the season of that year, and that the local
authorities of Newfoundland and of the Dominion of Canada, in a spirit

uy

of amity and good neighborhood, should abstain from molesting such
fishermen or impeding their progress or their local traffic with the in-
habitants incidental to fishing during the remainder of the season of
1885, and all this with the understanding that the President of the
United States would bring the whole question of the fisheries before
Congress at its next session in December, and recommend the ap-
pointment of a commission in which the Governments of the United
States and of Great Britain should be respectively represented, which
commission should be charged with the consideration and settlement,
upon a just, equitable, and honorable basis, of the entire question of
the fishing rights of the two Governments and their respective citizens
on the coasts of the United States and British North America.

The President of the United States would be prepared to recommend
the adoption of such action by Congress with the understanding that
in view and in consideration of such promised recommendation there
would be no enforcement of restrictive and penal laws and regulations
by the authorities of the Dominion of Canada or of the Province of New-
foundland, against the fishermen of the United States resorting to Brit-
ish-American waters between the Ist of July next and the close of the
present year’s fishing season; the mutual object and intent being to
avoid any annoyance to the individuals engaged in this business and
traffic, and the irritation or ill-feeling that might be engendered by a
harsh or vexatious enforcement of stringent local regulations on the
fishing coast pending an effort to have a just and amicable arrange-
ment of an important and somewhat delicate question between the two
nations.

Public knowledge of this understanding and arrangement can be
given by an exchange of notes between Mr. West and myself, which
can be given to the press.

3.—Mr. West’s memoranda of June 13, 1885.
{ Memoranda. ]

It is proposed to state in notes according temporary arrangements
respecting fisheries that an agreement has been arrived at under cir-
cumstances affording prospect of negotiation for development and ex-
tension of trade between the United States and British North America.

The Government of Newfoundland do not make refunding of duties a
condition of their acceptance of the proposed agreement, but they rely
on it having due consideration before the international commission
which may be appointed.

9)
4,—Mr. Bayard to Mr. West, June 19, 1885.

| Confidential. |

DEPARTMENT OF STATE,
Washington, June 19, 1885.

My DEAR Mr. West: IJ assume that the two confidential memoranda
you handed to me on the 13th instant embrace the acceptance by the
Dominion and the British-American coast provinces of the general
features of my memorandum of April 21, concerning a temporary ar-
rangement respecting the fisheries, with the understanding expressed
on their side that the ‘‘agreement has been arrived at under circum-
stances affording prospect of negotiation for development and extension
of trade between the United States and British North America.”

To such a contingent understanding I can have no objection. Indeed,
I regard it as covered by the statement in my memorandum of May 21,
that the arrangement therein contemplated would be reached ‘ with the
understanding that the President of the United States would bring the
whole question of the fisheries before Congress at its next session in
December. and recommend the appointment of a commission in which
the Governments of the United States and of Great Britain should be
respectively represented, which commission should be charged with
the consideration and settlement, upon a just, equitable, and honorable
basis, of the entire question of the fishing rights of the two Govern-
ments and their respective citizens on the coasts of the United States
and British North America.”

The equities of the question being before such a mixed commission
would doubtless have the fullest latitude of expression and treatment
on both sides; and the purpose in view being the maintenance of good
neighborhood and intercourse between the two countries, the recom-
mendation of any measures which the commission might deem neces-
sary tu attain those ends would seem to fall within its province, and
such recommendations could not fail to receive attentive consideration.

Iam not, therefore, prepared to state limits to the proposals to be
brought forward i in the suggested commission on behalf of either party.

I believe this statement will be satisfactory to you, and I should be ©
pleased to be informed at the earliest day practicable of your acceptance
of the understanding on behalf of British North America; and by this
Simple exchange of notes and memoranda the agreement will be com-
pleted in season to enable the President to make the result publicly
known to the citizens engaged in the fishing on the British-American
Atlantic coast.

I have the honor to be, with the highest respect, sir, your obedient

Servant,
T. F. BAYARD.

The Hon. L. S. SACKVILLE WEST.

6

5.—Mr. West to Mr. Bayard, June 20, 1885.
(Confidential. ]
BRITISH LEGATION,
Washington, June 20, 1885.

My DEAR Mr. Bayarp: I beg to acknowledge the receipt of your
confidential note of yesterday’s date, concerning the proposed tempo-
rary arrangement respecting the fisheries, which I am authorized by
Her Majesty’s Government to negotiate with you on behalf of the Goy-
ernment of the Dominion of Canada and the Government of Newfound-
land, to be effected by an exchange of notes founded on your memo-
randum of the 21st of April last.

The two confidential memoranda which I handed to you on the 13th
instant contain, as you assume, the acceptance by the Dominion and
the British-American coast provinces of the general features of your
above-mentioned memorandum, with the understanding expressed on
their side that the agreement has been arrived at under circumstances
affording prospects of negotiation for the development and extension
of trade between the United States and British North America, a con-
tingent understanding to which, as you state, you can have no objec- -
tion, as you regard it as covered by the terms of your memorandum
of April 21.

In authorizing me to negotiate this agreement, Harl Granville states,
as I have already had occasion to intimate to you, that it is on the dis-
tinct understanding that it is a temporary one, and that its conclusion
must not be held to prejudice any claim which may be advanced to
more satisfactory equivalents by the colonial governments in the course
of the negotiation for a more permanent settlement. Earl Granville
further wishes me to tell you that Her Majesty’s Government and the
colonial.governments have consented to the arrangement, solely as a
mark of good will to the Government and people of the United States,
and to avoid difficulties which might be raised by the termination of °
the fishery articles in the midst of a fishing season; and also the ac-
ceptance of such a modus vivendi does not, by any implication, affect
the value of the inshore fisheries by the Governments of Canada and
Newfoundland. I had occasion to remark to you that while the colonial
governments are asked to guarantee immunity from interference to
American vessels resorting to Canadian waters, no such immunity is
offered in your memorandum to Canadian vessels resorting to American
waters, but that the Dominion Government presumed that the agreement
in this respect would be mutual. As you accepted this view, it would, I
think, be as well that mention should be made to this effect in the notes.

Under the reservations, as above indicated, in which I believe you
acquiesce, I am prepared to accept the understanding on behalf of
British North America, and to exchange notes in the above sense.

I have the honor to be, with the highest respect, sir, your obedient

servant. :
Hon. T. F. BAYARD, &e. L. 8. SACKVILLE WEST.

7
6.—Mr. Bayard to Mr. West, June 20, 1885.

DEPARTMENT OF STATE,
Washington, June 20, 1885.

Sir: I have just received your note of to-day’s date in regard to the
proposed temporary arrangement touching the fisheries.

Undoubtedly itis our clear and mutual understanding that the ar-
rangement now made is only temporary, and that it proceeds from the
mutual good will of our respective Governments, and solely to avoid all
difficulties which might otherwise arise from the termination of the
fishing of 1885 in the midst of the season.

I understand, also, that the same immunity which is accorded by this
agreement to the vessels belonging to the citizens of the United States,
engaged in fishing in the British-American waters, will be extended to
British vessels and subjects engaged in fishing in the waters of the
United States. Perceiving, therefore, no substantial difference between
our respective propositions and these statements as contained in our
correspondence on the subject, I shall consider the 4greement as em-
bodied in our memoranda and the correspondence between us and as
thus concluded; and public notification to that effect will be given in a
few days by the President.

I have the honor to be, with the highest consideration, sir, your obe-

dient servant,
T. F. BAYARD.

The Hon. L. 8. SACKVILLE WEST, Se.

7]

7.—Mr. Bayard to Mr. West, June 22, 1885.

DEPARTMENT OF STATE,
Washington, June 22, 1885.

Sir: In compliance with your verbal request of this morning that I
should restate part of my note to yeu of the 19th, I repeat that the ar-
rangement, whereby a modus vivendi on the fishing question has been
reached, rests on the memoranda and correspondence exchanged; that
your memorandum of the 13th instant expressed the understanding on
your side that the “‘agreement has been arrived at under circumstances
affording prospect of negotiation for development and extension of!
trade between the United States and British North America;” that
T not only had no objection to such an understanding, but, in fact, re-
garded it as amply embraced in our proposal to recommend a com-
mission to deal with the whole subject in the interest of good neighbor-
hood and intercourse, and that the recommendation of any measures
which the commission might deem necessary to attain those ends would

8

seem to fall within its province, and such recommendations could not
fail to have attentive consideration.

Having thus not only admitted the proviso of your memorandum in
your own language, but gone still further and pointed out that no limits
would be set, so far as I was concerned, to the proposals to be brought
forward in the suggested commission on behalf of either party, I do
not see how it is possible for me to give any stronger assurance that
the understanding has “ been reached under circumstances affording a
prospect of negotiation for the development and extension of trade be-
tween the United States and British America.”

I have the honor to be, with the highest consideration, sir,

T. EF. BAYARD.
The Hon. L. S. SACKVILLE WEST, &e.

8.—Mr. West to Mr. Bayard, June 22, 1885.

WASHINGTON, June 22, 1885.

Siz: I have the honor to acknowledge the receipt of your notes of
the 20th and 22d instant in regard to the proposed temporary arrange-
ment touching the fisheries, in which you state that it is our clear and
mutual understanding that such arrangement is only temporary, and
that it proceeds from the mutual good-will of our respective Govern-
ments, and solely to avoid all difficulties which might otherwise arise
from the termination of the fishing of 1885 in the midst of the season.
Also that the same immunity which is accorded by this Government to
the vessels belonging to the citizens of the United States engaged in
fishing in the British-American waters will be extended to British ves-
sels and subjects engaged in fishing in the waters of the United States,
and that the agreement has been reached under circumstances affording
a prospect of negotiation for the development and extension of trade
between the United States and British North America.

As therefore there exists no substantial difference between our re-
spective propositions and the statements as contained in our correspond-
ence on the subject, I shall consider the agreement as embodied in our
memoranda and the correspondence between us as thus concluded, and
shall inform Her Majesty’s Government and the Governments of the
Dominion of Canada and Newfoundland accordingly.

Ihave the honor to be, with the highest consideration, sir, your obe-
dient servant,

L. S. SACKVILLE WEST.
Hon. T. F. BAYARD, &e.

Nae es Ee ee ee ee ee eee en ee

9
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas the Treaty concluded between the United States of America
and Her Majesty the Queen of Great Britain and Ireland, concluded at
Washington on the 8th day of May, 1871, contains among other Arti-
cles the following, viz:

“ARTICLE XVIII.”

“Tt is agreed, by the High Contracting Parties that, in addition to
the liberty secured to the United States fishermen by the Convention
between the United States and Great Britain, signed at London on the
20th day of October, 1818, of taking, curing, and drying fish on certain
coasts of the British North American Colonies therein defined, the in-
habitants of the United States shall have in common with the subjects
of Her Britannic Majesty, the liberty, for the term of years mentioned
in Article XX XIII of this Treaty, to take fish of every kind, except
Shell-fish, on the sea-coasts and shores, and in the bays, harbors, and
creeks, of the Provinces of Quebec, Nova Scotia, and New Brunswick,
and the Colony of Prince Edward’s Island, and of the several islands
thereunto adjacent, without being restricted to any distance from the
shore, with permission to land upon the said coasts and shores and
islands, and also upon the Magdalen Islands, for the purpose of drying
their nets and curing their fish; provided that in so doing, they do not
interfere with the rights of private property, or with British fishermen,
in the peaceable use of any part of the said coasts in their occupancy
for the same purpose.

‘It is understood that the above-mentioned liberty applies solely to
the sea fishery, and that the salmon and shad fisheries, and all other
fisheries in rivers and the mouths of rivers are hereby reserved exclu-
sively for British fishermen.” :

“ARTICLE XIX.”

“It is agreed by the High Contracting Parties that British subjects
shall have, in common with the citizens of the United States, the lib-
erty, for the term of years mentioned in Article XX XIII of this Treaty,
to take fish of every kind, except shell-fish, on the eastern sea-coasts
and shores of the United States north of the thirty-ninth parallel of
north latitude, and on the shores of the several islands thereunto adja-
cent, and in the bays, harbors, and creeks of the said sea-coasts and
Shores of the United States and of the said islands, without being re-
stricted to any distance from the shore, with permission to land upon
the said coasts of the United States and of the islands aforesaid, for the
purpose of drying their nets and curing their fish; provided that, in so
doing, they do not interfere with the rights of private property, or with

10

the fishermen of the United States in the peaceable use of any part of
the said coasts in their occupancy for the same purpose.

‘“‘Tt is understood that the above-mentioned liberty applies solely to
the sea fishery, and that salmon and shad fisheries, and all other fish-
eries in rivers and mouths of rivers, are hereby reserved exclusively for
fishermen of the United States.”

5 ¢ ARTICLE XX.”

‘““It is agreed that the places designated by the Commissioners ap-
pointed under the first Article of the Treaty between the United States
and Great Britain, concluded at Washington on the 5th of June, 1854,
upon the coasts of Her Britannic Majesty’s Dominions and the United
States, as places reserved from the common right of fishing under that
Treaty, shall be regarded as in like manner reserved from the common
right of fishing under the preceding articles. In case any question
Should arise between the Governments of the United States and of Her
Britannic Majesty as to the common right of fishing in places not thus
designated as reserved, it is agreed that a Commission shall be ap-
pointed to designate such places, and shall be constituted in the same
manner, and have the same powers, duties, and authority as the Com-
mission appointed under said first Article of the Treaty of the 5th of
Juue, 1854,”

“ ARTICLE XXI.”

“Tt is agreed that, for the term of years mentioned in Article XX XIII
of this Treaty, fish oil and fish of all kinds, (except fish of the inland
lakes, and of the rivers falling into them, and except fish preserved in
oil,) being the produce of the fisheries of the United States, or of the
Dominion of Canada, or of Prince Edward’s Island, shall be admitted
into each country, respectively, free of duty.”

“ARTICLE XXII.”

‘“‘ Inasmuch as it is asserted by the Government of Her Britannic Maj-
esty that the privileges accorded to the citizens of the United States
under Article XVIII of this Treaty are of greater value than those
accorded by Articles XIX and XXI of this Treaty to the subjects of Her
Britannic Majesty, and this assertion is not admitted by the Govern-
ment of the United States, it is further agreed that Commissioners shall
be appointed to determine, having regard to the privileges accorded
by the United States to the subjects of Her Britannic Majesty, as stated
in Articles XIX and XXI of this Treaty, the amount of any compensa-
tion which, in their opinion, ought to be paid by the Government of the
United States to the Government of Her Britannic Majesty in return
for the privileges accorded to the citizens of the United States under
Article XVIII of this Treaty; and that any sum of money which the

11

said Commissioners may so award shall be paid by the United States
Government, in a gross sum, within twelve months after such award
shall have been given.”

“ARTICLE XXIII.”

“The Commissioners referred to in the preceding Article shall be
appointed in the following manner, that is to say: One Commissioner
shall be named by the President of the United States, one by Her Bri-
tannic Majesty, and a third by the President of the United States and
Her Britannic Majesty conjointly ; and in case the third Commissioner
shall not have been so named within a period of three months from the
date when this article shall take effect, then the third Commissioner
shall be named by the Representative at London of His Majesty the
Emperor of Austria and King of Hungary. In case of the death, ab-
sence, or incapacity of any Commissioner, or in the event of any Com-
missioner omitting or ceasing to act, the vacancy shall be filled in the
manner hereinbefore provided for making the original appointment, the
period of three months in case of such substitution being calculated
from the date of the happening of the vacancy.

‘The Commissioners so named shall meet in the City of Halifax, in
the Province of Nova Scotia, at the earliest convenient period after they
haye been respectively named, and shall, before proceeding to any busi-
ness, make and subscribe a solemn declaration that they will impartially
and carefully examine and decide the matters referred to them to the
best of their judgment, and according to justice and equity; and such
declaration shall be entered on the record of their proceedings.

‘Hach of the High Contracting Parties shall also name one person
to attend the Commission as its agent, to represent it generally in all
matters connected with the Commission.”

é ARTICLE XXIV.”

‘¢ The proceedings shall be conducted in such order as the Commis-
sioners appointed under Articles XXII and XXIII of this Treaty shall
determine. They shall be bound to receive such oral or written testi-
mony as either Government may present. If either Party shall offer
oral testimony, the other Party shall have the right of cross-examina-
tion, under such rules as the Commissioners shall prescribe.

‘Tf in the case submitted to the Commissioners either Party shall have
specified or alluded to any report or document in its own exclusive pos-
session, without annexing a copy, such Party shall be bound, if the other
Party thinks proper to apply for it, to furnish that Party with a copy
thereof; and either Party may call upon the other, through the Com-
missioners, to produce the originals, or certified copies of any papers
adduced as evidence, giving in each instance such reasonable notice as
the Commissioners may require.

‘¢ The case on either side shall be closed within a period of six months

12

from the date of the organization of the Commission, and the Commis
sioners shall be requested to give their award as soon as possible there-
after. The aforesaid period of six months may be extended for three
months in case of a vacancy occurring among the Commissioners under
the circumstances contemplated in Article X XIII of this treaty.”

‘6 ARTICLE XXV.”

‘The Commissioner shall keep an accurate record and correct minutes
or notes of all their proceedings, with the dates thereof, and may appoint
and employ a secretary and any other necessary officer or officers to
assist them in the transaction of the business which may come before
them. :

‘* Hach of the High Contracting Parties shall pay its own Commis-
Sioner and agent or counsel; all other expenses shall be defrayed by
the two Governments in equal moieties.”

CCAR DICE SXOXONE7

‘“‘Tt is agreed that, for the term of years mentioned in Article XX XIII
of this Treaty, subjects of Her Britannic Majesty may carry in British
vessels, without payment of duty, goods, wares, or merchandise from
one port or place within the territory of the United States upon the St.
Lawrence, the Great Lakes, and the rivers connecting the same, to
another port or place within the territory of the United States as afore-
said: Provided, That a portion of such transportation is made through
the Dominion of Canada by land carriage and in bond, under such rules
and regulations as may be agreed upon between the Government of Her
Britannic Majesty and the Government of the United States.

‘Citizens of the United States may for the like period carry in United
States vessels, without payment of duty, goods, wares, or merchandise
from one port or place within the Possessions of Her Britannic Majesty
in North America to another port or place within the said Possessions :
Provided, That a portion of such transportation is made through the
territory of the United States by land carriage and in bond, under such
rules and regulations as may be agreed upon between the Government
of the United States and the Government of Her Britannic Majesty.

“The Government of the United States further engages not to impose
any export duties on goods, wares, or merchandise carried under this
article through the territory of the United; States and Her Majesty’s
Government engages to urge the Parliament of the Dominion of Canada
and the Legislatures of the other colonies not to impose any export
duties on goods, wares or merchandise carried under this article; and
the Government of the United States may, in case such export duties
are imposed by the Dominion of Canada, suspend, during the period
that such duties are imposed, the right of carrying granted under this
article in favor of the subjects of Her Britannic Majesty.

-

13

“The Government of the United States may suspend the right of
carrying granted in favor of the subjects of Her Britannic Majesty
under this article, in case the Dominion of Canada should at any time
deprive the citizens of the United States of the use of the canals in the
said Dominion on terms of equality with the inhabitants of the Domin-
ion, aS provided in Article XX VII.”

“ARTICLE XXXII.”

“It is further agreed that the provisions and stipulations of Articles
XVIIT to XXV of this Treaty, inclusive, shall extend to the Colony of
Newfoundland, so far as they are applicable. But if the Imperial Par-
liament, the Legislature of Newfoundland, or the Congress of the United

States, shall not embrace the Colony of Newfoundland in their laws
enacted for carrying the foregoing articles into effect, then this article

Shall be of no effect; but the omission to make provision by law to
give it effect by either of the legislative bodies aforesaid, shall not in
any way impair any other articles of this Treaty.”

_ And, whereas, pursuant to the provisions of Article XX XIII of said
ee due notice has been given to the Government of Her Britannic
Majesty of the intention of the Government of the United States of
America, to terminate the above recited Articles of the Treaty in ques-
tion, on the Ist day of July, 1885 ;

And, whereas, pursuant to the terms of said Treaty, and of the notice
given thereunder by the Government of the United States of America
to that of Her Britannic Majesty, the above recited articles of the Treaty
of Washington, concluded May 8, 1871, will expire and terminate on the
1st day of July, 1885: i

Now, therefore, I, Chester A. Arthur, President of the United States
of America, do hereby give public notice that Articles XVIII, XIX,
XX, XXI, XXII, XXIII, XXIV, XXV, XXX, and XXXII, of the
Treaty of Washington, concluded May 8, 1871, will expire and terminate
on the 1st day of July, 1885, and all citizens of the United States are
hereby warned that none of the privileges secured by the above recited
articles of the Treaty in question will exist after the 1st day of July
next; all American fishermen should govern themselves accordingly.

Done at the City of Washington, this 3lst day of January, in the
year of Our Lord one thousand eight hundred and eighty-five, and of
the Tadependence of the United States of America the one hundred and
ninth.

[SEAL.]_ , CHESTER A. ARTHUR.

By the President :

FREDK. T. FRELINGHUYSEN,
Secretary of State.

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LIBRARY OF CONGRESS

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