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50th OoNonERS, ) HOUSE OF REPRESIONTATIVKS. ( lOx. Dod.
Jst Session. \ ' i ^'o. 43!,

RELATIONS WITH CANADA.

MESSAGE

FROM THE

PRESIDENT OF THE UNITED STATES,

IX KKI,ATION TO

Intercourse bcUccen the Umted States and Canada.

August 23, 1888.— Eeforrod to tho Committee on Foreign Affairs iiiul onlcrocl to bo

printed.

To the Congress :

The rejection by the vSonato. of tlio treaty lately negotiated for the set-
tlement and adjustment of the ditterences existing!: between tiie United
States and (Jreat liritain conLerning t'le rights and privileges of Aircr-
ican fishermen in tho ports and waters of British Korth America, seems
to justify a survey of the condition to which the i)ending question is
thus remitted.

Tho treaty upon this subject concluded in 1818, through dlsngroe-
iiients a^s to tlui mea.ni!ig of its terms, has been a fruitful source of irri-
tation iiiul trouble. Our citizens engaged in fishing enterprises in
waters adjacent to Canada, have been subjected to numerous vexatious
interferences and annoyances, their vessels have been seized upon pre-
texts which api)eared to be entirely inadmissible, and they have been
otherwise treated by the ('anadlan authorities and odicials in a manner
inexcusably harsh ami op[U'essive.

This conduct has been justilied by Oroat J»ritaiu and Camula, by tho
claim that the treaty of 1818 permitted it, and upon the ground that it
was necessary to the [H'oi)er protection of Canadian interests. Wo
deny that treaty agreements justify these acts, and we further n)ain-
tain that, arido from any treaty restraihts, of disputed interpretation,
the relative positions of the United SLa*:os and Canada as near neigh-
bors, the growth «)!' ojir joint oommeree, the devi^lojimeiit and pros-
perity of both countries, w hich amicable relations surely guaranty,
and above all, the liberality always extended by tho United States to
the i)eoi»le c'' Canada, furulahed motives for kindness and considerutiou
higher and better than treaty covenants.
0020 i

I

;

RELATIONS WITH CANADA,

While keenly sensitive to all that was exasperating in the condition,
and by no means indisposed to support the jnat comi^laints of our in-
jured citizens, I still deemed it ray liuty for the preservation of import-
ant Auiericau interests which Mere directly iuvolve«l, and in view of all
the details of the situation, to attempt by negotiation to remedy exist-
ing wrongs and to finally tern)inate, by a fair and just treaty, these
ever-recurring causes of diOicnlty.

I fully believG that the treaty just rejected by the iSenato was well
suited to tho exigency, and that itt; provisions were adequate for our
security in the future from vexatious incidents and for the promotion of
friendly neighborhood and intimacy, without sacrificing in the least our
national pride or dignity.

I am quite conscious that neither my opinion of the vaiuc oi' the
rejected treaty nor the motives which prompted its negotiation, are of
imi»ortance in the light of the judgment of tho Senate thereupon. IJut
it is of imi>ortance to note that this treaty lias been rejected without
any apparent disposition on the part of the Senate to^lter or amend
its provisions, and with the evident intention, not wanting expression,
that no negotiation should at present be concluded touching the matter
at issue.

The co-operation necessary for tho adjustment of the longstanding
national differences with which we have to deal, by methods of conftr-
enc3 and agreement, having thus been tieclined, 1 am by no means
disimsed to abandon the interests and the rights of our people in the
premises, or to neglect tlieir grievances; and J therefore turn to the
contemplation of a plan of retaliation as a mode, which still renniius, of
treating the situation.

I am not unnnndful of tho gravity of tho resi)onsibility assumed in
adopting this line of conduct, nor do J fail in the least to appreciate its
serious consequeiices. It w'Al be impossible to injure our Canadian
neighbors by retaliatory measures without inflicting swme damage upon
our own citizens. This results from our proximity, our community ol
interests, and the inevitable commingling of the business entt'rprises
which have been developed by mutiml activity.

Plainly stated, the policy of national retaliation manifestly embraces
the inllivstion of the greatest harm upon tho.se who have injured u.m, with
tho least possible damage to ourselves. There is also an evident pro-
priety as well as an invitation to moral support, found in visiting niton
the olfending p-irty tln^ same measure or kind of treatment of which wo
complain, and as far as possibh) within the same lines. And abova all
tilings the plan of retaliation, if entered upon, should bo thorough and
vlgoruus,

The^ie considerations lead nw at this time to invoUo the aid ami coun-
sel of tho Congress and its support in such a further grant of power
as seeujs to me necessary and desirable to render elVectivo tlio policy
I have indicated.

RELATiONS WITH CANADA.

Tlje Congress ha.s alreiuly passed a law, wliicli' received Executive
iisseiit on the third day of March, 1887, providing tliat iii case American
lioHing vessela being or visituig in the waters, or at any of the ports of
the British J)ominionsof Korth America, shoukl be, or I »tely had been,
deprived of the rights to wliich they were entitled by treaty or I'aw, or
if they v.'ere denied certain other privileges therein specitied, or vexed
and harassed in the enjoyment of the same, the President might deny
to ves-sels and their masters and crews of the Britisli Dominions of
North America any entrance into the waters, x>orts, or harbois of the
United States, and also deny entry into any port or phice of the
United States of any product of said Dominions, or other goods coming
from said Dominion to the United States.

While I shall not hesitate nf)on ])roper occasion to enforce this act,
it would seem to bo unnecessary to suggest that if such enforcement is
limited in isu(;h a manner us shall result in the least possible injury to
our owi» people, the eiiect would probably be entirely inade(iuate"to the
accc/nplislitiunt of the purpose desired.

1 deem it my duty, therefore, to call the attention of the Congress to
certain particulars in the action of the authorities of the Dominion of
Canada, in addition to the general allegations already made, which ai)-
l)ear to be in such marked contrast to the liberal and friendly disposi-
tion of our eountrj', as in my opinion to call for such legislation as will,
upon the prii\ci^ile8 already stated, properly supplement the power to
inaugurate retaliation already vested in the Executive.

A(!tuated by the generous and neighborly spirit which has character-
ized our legislation, our tarilf laws have since 18G0 been so far waived
in favor of Canada as to allow free of duty the transit across the terri-
tory of the United States of proi)erty arriving at our ports and destined
to Canada, or exjjorted from Canada to other foreign countries.

When the treaty of Washington was negotiated in 1871, between the
United States and Great Britain, having for its object very largely the
uuiditication of the treaty of 1818, the privileges above referred to were
made reciprocal an«l given in return by Canada to the United States in
the following language, contained in the twenty-ninth article of said
1 reaty :

" It is agreed that, for the term of years nicntionetl in article tliirty-tlireo of Miia
(iciity, gootltt, wiircK, or morcliandiso arriviriK at (lie ports of Now Vork, Bosloii, and
I'lM'tland, and any other ports in tlio United States whieh Ivavo l)».on or may, from
tiiiMi to time, he speeially desiynatiHl hy the President of the United States, and des-
tined for Her Hritannie Majesty's possen.)iotis in North Amoriea, may l»e entered at tlie
jMoper cnstonj-liouHo ami conveyed in transit, withont the piiymtuit of duties, tlironjjh
the terrhory of the United SlateH, under bucIi rules, rej^uiations, and conditions for
(lie proteetion of (he reveiine as (he (lovernnient of the United States may from time
(otime prescribe; and nnder like ruhis, rejifuhitlons, and condilions, gocHls, waroH or
merehftudiNe may bo coi:voyed in transit, without the payment of duties, from huoIi
posHessioim thronKli the territory of the United States, for export frtmi the said ports
of the Uniti'd Htiites.

"It is further agreed that, for tho like ptuiod, goods, Avares, or niercluiuiUso arriving

RELATIONS WITH CANADA.

at any of the ports of Her Britannic Mnjesly's poasessions in Noith America, and des-
tined for the United States, may bo entered at the propor custoin-house and con-
voyed in transit, without the payment of duti»!8, throngh the said iiossessious, nnder
snch ndes and regulations and conditions for the protection of the revenue, as the
Govcrnnients of the said possessions may from time to time proscribe; and, under
lilvc rules, and regulations, and conditions, goods, wares, or merchandise may be con-
veyed in transit, without payment of duties, from the United States through the said
possessions to oilier places in the United States, or for export from ports in the said
possessions."

Ill the year 188(> notice was received by the representatives of onr
Goverunieiit that our fishermen would no longer be allowed to ship
their fish in bond and free of duty through Canadian territory to this
country; and ever since that time such sliipment has been denied.

The privilei^e of such shipment, which had been extended to our fish-
ermen, was a most important one. allowing them to spend the time
upon the fishing-grounds which would otherwise be devoted to a voy-
age home with their catch, and doubling their opportunities for profit-
ably prosecuting their vocation.

In forbidding the transit of the catch of our fishermen over their ter-
ritory in bond and free of duty, the Canadian authorities dei)rived us of
the only facility dei)endent upon their concession, and for whicli we
could supply no substitute.

The value to the Dominion of Canada of the privilege of transit for
their exports and imports across our territory, and to and from our
ports, though great in every aspect, will be better appreciated when it
is rememb(u-ed that, for a considerable portion of each year, the St.
Lawrence llivcr, which constitutes the direct avenue of foreign com-
merce leading to Canada, is closed by ice.

During the last six years the imports and exports of IJritish Canadian
provinces carried across our territory, under the pri^'ileges granted by
our laws, amouilted in value to about two hundred and seventy millions
of dollars, nearly all of which were goods dutiable under our tariff" laws,
by far the larger part of this traffic consisting of exchanges of goods
between Great Britain and her American provinces brought to and.
carried from our ports in their own vessels.

The treaty stipulation entered into by our Government was in har-
mony with laws which were then on our statute-book, and are still in
force.

I recommend immediate legislative action conferring upon the Exec-
utive the power to susiiend by proclamation the oi)eratiou of all laws
and regulations ])ermitting the transit of goods, wares, and merchandise
in bond across or over the territory of the United States to or from
(.'anada.

There need be no hesitation in suspending these laws, arising from
the supi>ositi()n tliat their continuation is secured by treaty obligations,
for it seems quite i)lain that article twenty-nine of the treaty of 1871,
which was the only article incevporating such laws, terminated the first
day of .luly, 1885.

RELATIONS WITH CANADA.

The article itself declares that its provisions shall bo in force " for
tlie term of years mentioned in article thirty-three of this treaty.''
Turning to article thirty-three we find no mention of the twenty-ninth
article, but only a provision that articles eij^hteen to twenty-five, in-
clusive, and article thirty shall take effect as soon as the laws reipiired
to carry them into operation shall be passed by the legislative bodies
of the differcTit countries concerned, and that " they shall remain in force
for the period of ten years from the date at which they may couae into
operation, and further until the expiration of two years after either of
tlic high contracting parties shall have given notice to the other of its
wish to terminate the same."

I am of the opinion that the "term of years mentioned in article
tliirty-three," referred to in article twenty-nine as the limit of its dura-
tion, means the period during which articles eighteen to twenty-five,
inclusive, and article thirty, commonly called the "fishery articles,"
should continue in force under the language of said article thirty-three.

That the Joint High Commissioners who negotiated the treaty so
and(Tstood and intended the phrase is certain, for in a statement contain-
ing an account of their negotiations, prepared under their supervision
and approved by them, we find the foUowiug entry on the subject:

" The transit question was dibcusaed, and it waa agreed that any settlement that
aiij^ht bo made should include a reciprocal arrangement in that respect for the period
for which the lishory articles should be in force."

In addition to this very satisfactory evidence snpporting this con-
struction of the language of article twenty-nine, it will be found that
the law passed by Congress to carry the treaty into effect furnishes
conclusive proof of the correctness of such construction.

This law was passed March 1, 1873, and is entitled "An act to carry
into effect the provisions of the treaty between the United States and
Great Britain, signed in the city of Washington the eighth day of
May, eighteen hundred atid seventy-one, relating to the fisheries."
After providing in its first and second sections for putting in operation
articles eighteen to twenty-five inclusive, and article thirty of the
treaty, the third section is devoted to article twenty-nine as follows:

"Section U. That from the date of the Prosidcnt's proclamation authorii^ed by the
fust Ncctiim of this not, and so long as the articles eighteenth to twenty-llfth inclu-
sive, un<l awit.lo thirtieth of said treaty shall remiiiu in force according to tiio terms
aiul conditions of article thirty-third of said treaty, all goods, wares, and luercliau-
diso arriving, etc., etc. — " ,

following in the remainder of the section the precise words of the sti])u-
Iiiiion on the part of the United States as contained in article twenty-
nine, wliich 1 have already fully (inoted.

Here, then, is a distinct enactment of the Congress limiting the dura-
tion of this article of the treaty to the time that articles eighteen to
Iwenty five, inclusive, and article thirty, should continue in force. That
in fixing such limitation it but gave the moaning of the treaty itself, itt

I'll

RELATIONS WITH CANADA.

indicated by tlio fact that its purpose is declared to be to carry into
effect tlie provisions of the treaty, and by tlie further fact that t his law
appears to have been submitted before the promulyatiou of the treaty
to certain members of the Joint High Commission representing both
countries, and met with no objection or dissent.

There appearing to be no contiictor inconsistency between the treaty
and the act of the Congress hist cited, it is not necessary to invoke the
well-settled principle that in case of sucli conflict the statute governs
the question.

lu any event, and. whether the law of 1873 construes the treaty or
governs it, section twenty-nine of such treaty, I have no doubt, termi-
nated with the proceedings taken by our Government to terminate
articles eighteen to twenty-five, inclusive, and article thirty of the
treaty. These proceedings had their inception in a joint resolution of
Congress passed Jfay 3, 1883, declaring that in the judgment of Con-
giess these articles ought to be terminated, and directing the President
to give the notice to the Government of (ireat 3>ritain provided for in
article thirty-three of the treaty. Such notice having been given two
years i)rior to the first day of July, 1885, the articles mentioned were
absolutely terminated on the last-named day, and with them article
twenty nine was also terminated.

If by any language used in the joint resolution it was iiiteiuUHl to
relieve section three of the act of 1873 embodying article twenty-niiu'*
of the treaty from its own limitations, or to save the article itself, 1 am
entirely satisfied that the intention miscarried.

JUit statutes granting to the people of Canada the valuable i)rivi-
leges of transit for their goods from our i>orts and over our soil, which
had been passed prior to the making of the treaty of 1871, and inde-
pendently of it, remained in force ; and ever since the abrogation of the
treaty, and notwithstanding the refusal of Canada to permit our (isher-
men to send their fish to their home market through her territory in
bond, the people of that Dominion have enjoyed without diminution
the advantages of our liberal and generous laws.

Without basing our complaint Ui)on a violation of treaty obligations,
it is nevertheless true that such refusal of transit and the other injuri^
ous acts which have been recited constitute a provoking insistaiu'e
upon rights neither mitigated by the amenities of national intercourse
nor modified by the recognition of our liberality and generous consid-
erations.

The history of events connected with this subject makes it manifest
that the Canadian (xovernment can, if so disposed, administer its laws
and i)rotect the interests of its people without manifestation of un-
friendliness, and without the unneighborly treatnuMit of our lishing.
vessels of which we have justly comphiiiu'd; and wliatcer is done ou
our part should be done in the hoi)e that the disposition of the (-aua-
dian Government nuiy remove the occasion of a resort to tlie additional
Executive power now sought through legislative action.

RELATIONS WITH CANADA.

I am satisfied tliat uiion the prittciples wliicb should provern retalia-
tion oiir iiitercour.' and relations with the Dominion of Canada furnish
no better opportunity for its application than iis snj^gested by the con-
ditions herein presoute<l; and that it could not be more effectively in-
auguratcd than under the power of suspension recommended.

While I have expressed my clear conviction upon the question of
the continuance of section twenty-nine of the treaty of J. S71, I of course
fully concede the power and the duty of the Congress, in contemplating-
legislative action, to construe the terms of any treaty stipulation which
might, upon any i)08sible consideration of good faith, limit such action ;
and likewise the peculiar propriety in the case here presented of its
interpretation of its ovni language as contained in the laws of 1873 put-
ting in oi)eration said treaty, and of 1883 directing the termination
thereof; and if in the deliberate judgment of Congress any restraint
to the pi o])osed legislation exists, it is to be hoped that the expediency
of its early removal will be recognized.

I desire, also, to call the attention of tile (Congress to another subject
involviUjg such wrongs and unfair treatment to our citizens as, in my
opinion, require prompt action.

The navigation of the Great Lakes, and the immense business and car-
rying trade growing out of the same, have been treated broadly and
liberally by the United States Government, and made free to all man-
kind, while Canadian railroads and navigation companies share in our
country's transportation upon terms as favorable as are accorded to our
own citizens.

The canals and other public works built and maintained by the Gov-
ernment along the line of the lakes are made free to all.

In contrast to this condition, and evincing a narrow and ungenerous
commercial spirit, every lock and canal which is a public work of the
Dominion of Canada is subject to tolls and cliarges.

Dy article twenty-seven of the treaty of 1871 provision was nmde to
secure to the citizens of the United States the use of the Welland, St.
Lawrence, and other canals in the Dominion of Canada, on terms of
eciualily with the inhabitants of the Dominion, and to also secure to
the subjects of Great Britain the use of the St. Clair Flats CtTnal on
terms of equality with the inhabitants of the United States.

The equality with the inhnbitants of the Dominio?i which we were
promised in the use of the canals of Canada did not secure to us free-
dom from tolls in their navigation, but we had a right to expect that
wo, being Americans and interested in American commerce, would be
no more burdened in regard to the same than Canadians 'Engaged in
their own trade; and the whole spirit of the concession made was, or
should have been, thsit menHiandise and property transported to an
American market through these canals should not be enhanced in its
cost by tolls many tinn^s higluir than suo'ii as were carried to an ad-
joining Canadian market. All our citizens, producers and consumers
m well as vessel-owners, were to enjoy the- equality promised.

8

RELATIONS WITH CANADA.

Aud yet evidence has for some lime beeu before the Cougress, fur-
nished by the Secretaiy of tlie Tieasury, showing that while the tolls
charged in the first instiiiice are tlio same to all, such vessels and car-
goes as are destined to certain Canadian ports are allowed a refund of
nearly the entire tolls, while those bound for American ports are not
allowed any such advantage.

■To promise etpiality, and then in practice make it conditional upon
our vessels doing Canadian business instead of their own, is to fulfill a
promise with the shadow of porforman(;e.

I recommend that such legislative action be taken as will give Cana-
dian vessels navigating our canals, and their cargoes, precisely the
advantages granted to our vessels and cargoi's upon Canadian canals,
aud that the same be measured by exactly the same rule of discrim-
ination.

The course which I have outlined and the recommendations made
relate to the honor and dignity of our Country and the protection and
preservation of the rights and interests of all our people. A govern-
ment does but half its duty .vhen it protects its citizens at home and
permits tlieiii to be imposed upon and humiliated by the unfair aud over-
reaching disposition of other nations. If we invite our people to rely
upon arrangements made for their benefit abroad, wo should see to it
that they are not deceived; and if we are generous and liberal to a
neighboring country our people should reap the advantage of it by a
retuj:n of liberality and generosity.

These are subjects which partisanshii) should not disturb or confuse.
Let us survey the ground calmly and moderately, and having put aside
other means of settlement, if we enter upon the policy of retaliation let
us pursue it tirmly, with a determination only to subserve the intorest-s
of our people and maintain the high standard and the becoming i)ride
of American citizenship.

Gkoveb Cleveland.

Executive Mansion,

August 23, 18S8.

MESSAGE

VKOM THE

PRESIDENT OF THE UNITED STATES,

TRAN'8MlTIIS(i

treaty between the United States and Grcai Br Uain concerning the inter-
pretation of the convention of October 20, 1818, signed at Washington

P

Ftbruary 15, 1888.

Fkbuuauy 20, 1888.— Kejul, treaty real the first time. lofencd to tbo Coniniittco on
Foreign Relations, and, together with the message and the accoinj)anying docu-
uicnts, ordered to be printed in confidence for the n^e of the Senate.

To the Senate of the United States :

In my anmiiil message transmitted to the Congress in December, 188G,
it was stated that negotiations were then pending for the settlement
of the questions {^rowing ont of tbo riglits claimed by American lisber-
men in Britisli North American waters.

As a result of such negotiations a treaty has been agreed upon be-
tween Her liritannic Majesty and the United States, concluded and
signed in this capital, under my direction and authority, on the j-och of
Februaiy instant, and whicli 1 now have the honor to submit to the
Senate, with the recommendation that it shall I'cccive the consent of
that body, as provided in the (Jonstifution, in order that the ratifica-
tions thereof may be duly exchanged and the treaty be carried into
etfect.

Shortly after Congress had adjourned in March last, and in continu-
ation of my ertbrts to arrive at such an agreement between the Govern-
ments of Great Britain and the United States as would secure to the
citizens of the respective countries the unmolested eujoyment of their
just rights under existing treaties and international comity in the terri-
torial waters of Canada and of ^Newfoundland, 1 availed myself of
opportune occurrences indicative of a desire to make without delay an
amicable antl linal settlement of a long-standing controversy — prt lue-
tive of much irritation and misunderstanding between the two nations — ^
to send through our minister in London ])roposals that a conference
slionld take place on the subject at this capital.

The exjierience of the past two years had demonstrated the dilatory
and unsatisfactory consequences of our iiidiroct transaction of busi-
ness through the foreign otlice in London, in which the views and wishes
of the Governnu'ut of the Dominion of Canada were practically pre-
dominant, but were only to tuul expression at second hand.

10

RELATIONS WITH CANADA,

1

To obviate this inconvenience and obstruction to prompt and wellde-
fined settlement, it was considered advisable tha>. tbe negotiationa
should be conducted in this city, and that the interests of Canada and
Newfoundland siiould be directly represented tlierein.

The tern\s of reference haviuj;' been duly agreed upon betMceu Aie
two (.lovernments, and the conterencj arra'jgcd to be held here, by vir-
tue of the power in me vested by (ho Constitution, I duly authorized
Thomas V. Bayard, the Secretary of State of the United States, Will-,
iam L, rutnam, a citizen of the State of Maine, and James B. Angell,
a citizep of the State of Michigan, for and in tlie name of the United
States, t{) meet and confer with the plenipotentiaries representing tho
Government of Jler Britannic Ivlijjesty, for the purpose of considering
and adjusting in a liiendly spirit all or any questions relating to rights
of fishery in the seas adjacent to British North America and Newfound-
land -vhich were in dispute between tbe Ciovernments of the United
States, and that of Her Britannic; Majesty, and Jointly and severally to
conclude and sign any treaty or treaties touching the prouHses ; and I
herewith transmit for your inforhiation full copies of the i)ower so givci
by nie.

In execution of the powers so conveyed, the said Thomas F. Bayard,
William Jj. Putnam, and James B, Angell, in the monih of November
last, met in this city the plenii)otentidries of Her Britannic Majesty,
and proceeded in the negotiation of a treaty as above authorized. Aitov
many coaierences and j)rotracted etibrts an agreement lias at length
been arrived at, which is embodied in the treaty which 1 iiow lay before
you.

The treaty meets my approval, because 1 believe that it supplies a
isatisfactory, p-^actical, and final adjustment, upon a basis hononible
and just to both parties, of the diflicult and vexed question to wliicli it
relatep.

A review of the history of this question will show that all former
attempts to arrive at a common interpretation, satisfactory to botli
])arties, of the first article of the treaty of October 20, 1818, have been
unsuccessful; and with the lapse of time the ditliculty and obscurity
have only increased.

The negotiations in 1854, and again in 1S71, ended in both .^ases in
temporary reciprocal arrangements of the tariffs of Canada f.nd New-
foundland and of the United Stales, and the payL;ent of a money award
by the United States, under which the real questions in difference re-
mained unsettled, m abeyance, and leady to present themselves anew
just as soon as the conventional arrangements wore abrogated.

The utuation, therefore, remained unimproved by the results of tlio
treaty of 1871, and a grave condition of affairs,' presenting almost
identically the same features aT)d causes of coinjdain*. by the United
States against Canadian action and JSritish default in il:8 correction,
coni'ronted us in May, 188(), and has continued until the present time.

The greater part of the cofrespondence which has taken i»lac«a)e-
tween the two Governnu'nts has heretofore been (communicated to ('on-
grees, and at as early a day as p(Msible I shall transmit the rennuning
portmn to this date, aecompanying it with the joint protocols of the
conferences whicii resuUed in the conclusion of the treaty now submit-
ted to you.

You will thus be fidly possessed of tlie record and Iristorv of the case
since the termination, oa duno;{(», 1885, of the fishery articles of the
Treaty of Washington of 1871, wiiereby wo were releu.Mcd to the pro-
visioub of tlie treaty of October 1,'U, 1818,

RELATIONS WITH CANADA.

11

As the dociimcnts and paj)ers referred to vrill sup])ly full i'jforma,tion
of tho i)ositions taken under my administration by the representatives
of the rjuited States, as well as those oecui)i<Hl by the representatives
of the Government of Great IJritain, it is not considered necessary or
expedient to repeat them in this messag-e. iJnt I believe the. treaty
will bo fo'nid to contain a just, honorable, and, therefore, satisfactory
solution of the dithculties which have clouded our relations with our
lU'iftiibors on our northern border.

Es])ecially satisfactory do I believe the proposed arrangement will
be found by those of our citizens who are engatjed in the o])en seafisli-
eries, adjacent to the Canadian coast, and resorting to those ports iind
harbors under treaty provisions and rules of international law.

The proposed delimitation of tin* lines of the exclusive fisheries from
the con)mon fisheries will give certainty and security as to the area of
tlieir legitimate field; the headland theory of imaginary lines is aban-
doned by Great Britain, and the si)eci*ication in the treaty of certain
named bays especially [n'ovidcd for' gives satisfaction to th<wnhabit-
ants (/ the shores, without subtracting materially from the value or
convenience of the fishery rights of Americans.

Tlie uninterr 'pted navigation of the Strait of Cause is expressly and
for tiic lirst timy allirmed, and the four purposes for wliich our fisher-
men under the treaty of 1818 were allowed to enter the bays aiul har-
bors of Canada and Newfoandland within the belt of three marine miles
are placed under a fair and liberal cunsfruotion, and their enjoyment
secured without such conditions and restrictions as in tin; past have
embarrassed and obstructed them so seriously.

The enforcement of penalties for unlawfully (Ishing or ]>reparing to
ilsh, withia the inslioro and exclusive waters of Canada and Newfound-
land is to be accomplished under safeguards against oj)])ressive or arbi
trary action, thus i)rotecting the defendant fishermen from punishment
in a'dvance of trial, delays, and inconvenience and unne(!essar.v ex[(ense.

The history of events in the last two years shows tiiat no feature of
Canadian adM)inisiration was more harassing and injurious than the
C()mpulsion uinni our fishing vessels 'to make formal entry and clearance
on every occasion of temporarily seeking shelter in (Canadian ports and
harbors.

Such inconvenience is provided against in the proposed treaty, and
this most frequeni and just cause of complaint is removed.

The articles per.nitting our fishermen to obtain provisions and tho
ordinary sup])liea of trading vessels on their homeward voyages, and
inuler whicii they are aceordeil tho further and even more important
privilege on all occasions of i)urchasing such (iasual or needful pro-
visions and supplies as uni ordinarily granted to trading vessels, are )f
great importance and vabu?.

The licenses whicli are to be gr.inted without charge and on applica-
tion, in order to enable our fisheruien to enjoy tluvso privileges, are
rcas.vnable and proper checks in the hands of the lo(;al aulluuMties to
'lenfify the recipients and prevent abuse, and can form no im|)ediment
I.O those who intend to use tll(^m fj'rly.

The hosi)itality secur*Ml for our vessels in all cases of actual distress,
with liberty to unload and sell and transship their cargoes, is full and
lilteral.

These provisions wiii secure the ..il)stJintial enjoyment Oi the treaty
rights for our fishermen under the treaty of 1818, for which contt^ntion
has been Hteadil.\ nnule in the correspondenoo of the Department vi

12

EELATIONS WITH CANADA.

I

State, and our minister at London, and by the American negotiators
of tlic present trealj.

The right of our iishermeu under the treaty of 1818 did not extend to
the i)rocurement of distinctive fishery supplies in ('anadlan ports and
harbors; and one item supposed to be essential, to wit, bait, was plainly
denied them by the explicit and definite words of the treaty of 1818,
emphasized by the course of the negotiation and express decisions which
preceded the conclusion of that treaty.

The treaty now submitted contains no provision attectiug tariff du-
ties, and, independently of the jiosition assumed upon the part of the
United States, that no alteration iu our tariff or other domestic legisla-
tion couhl be made as the price or consideration of obtaining the rights
of our citizens secured by treaty, it was considered more expedient to
allow any change in the revenue laws of the United States to bo nnide
by the ordinary exercise of legislative will, and in promotion of the ,
public interests. Therefore, the addition to the free list of rish, fish oil,
whale and seal oil, etc., recited in the last article of the treaty, is wholly
left to the action of Congress; and in connection therewith the Cana-
dian and ITewf, mdland right to regulate sales of bait and other fish-
ing supplies within their own jurisdiction is recognized, and the right
of our fishermen to freely purcliase these things is made contingent, by
this treaty, upon the action of Congress in the niodification of our tariff
laws.

Our social iaid commercial intercourse with those populations who
have been placed upon our borders and made forever our neighbors is
made apparent by a list of United States common carriers, nuirine and
inland, connecting their lines with Canada, which was returned by the
Secretary of the Treasury to the Senate on the 7th day of February,
1888, in answer to a resolution of that body ; and this is instructive as
to th<; great volume of mutually j)rofltablo interchanges which has come
into existence during the last half century.

This intercourse is still but partially developed, and if the amicablo
e'lterprise ami wliolesale rivalry between the two populations be not
obstructed, the pi'ounse of the future is full of the fruits of an un-
bounded prosperity on both sides of the border.

The treaty now submitted to you lias been framed in a s])irit of liberal
equity and rccii)rocal i}ent'fits, in the conviction tliat mutual advantage
and convenience are the only permanent fimndation of peace and friend-
ship between States, and tinit with the adoption of the ngreement now
placed l>efore the Senate, a beneficial and satisfactory intercourse l)e-
tweeu the two countries will be established so as to secure periuitual
peace ami harmony.

li\ connectioii with the treaty herewith submitted I deem it alsi* my
duty to transmit to the Senate a written oiler or arrangement, in the
nature of a iiio'lus virendi, tendenid after the conclusion of the treaty
on the jtart of the British plenipotentiaries, to secure kindly ami i)eace-
fnl relations during tlie period that may be re«piired for the considera-
tion of the treaty by the respective GovernmeutB and for the enactment
of the necessary legislation to carry its provisions into effect if ap-
proved.

This pai)er, freely and on their own motion, signed by the British
conferees, not <mly extemlM advantages to our lishernuMi, pending the
ratification of the treaty, but appears to have been <lictated by u
friendly and amicable spirit.

I am given to umlerstand that the ntfier governments eoncerned in
this treaty will, witbiu u few days, iu uccordauco with their motUods of

RELATIONS WITH CANADA.

13

eouducting' public busiues.s, submit said treaty to their respective le^j^-
islatures, wlu ii it will bo at once published to the world, in view of
SI 'jli action it ai)pears to be advisable that^ by publication here, early
and full knowledge of all that has been done in the premises should
be alforded to our people.

It would also seem to bo useful to inform the popular mind con-
cerning the history of the long continued disputes growing out of
the subject embraced in the treaty and to satisfy the public interests
touching the same, as well as to acquaint our people with the present
status of the questions involved, and to give them the exact terms of
the proposed adjustment in place of the exaggerated and imaginative
statements which will otherwise reach them.

I therefore beg leave respectfully to suggest that said treaty and all
such correspondence, messages, and documents relating to the same as
maybe deemed important to accomplish these purposes be at oni;e made
l)ublic by the ortier of your honorable body.

Groveu Cleveland.

Executive Mansion,

February 20, 1888.

Whereas differences have arisen concerning the interpretation of
Article I. of the Convention of October 20, 1818 ; the United States of
America, and Her Majesty the Queen of the United King<lom of (h-eat
Britain and Ireland, being mutually desirous of renuiving all causes of
misunderstanding in relation thereto, and of ijromoting frieiuUy inter-
course and good neighborJiood between the United States and the
Possessions of Her Majesty in North America, have resolved to con-
clude a Treaty to that end, and have named as their i'lonipoteutiaries,
that is to say :

The President of the United States, Thomas F. P>ayard, Secretary of
State; William L. Putnam, of Maine; and James Ji. Angell, of Mich-

!gan :

And Her Majesty the Queen of the United Kingdom of (Ireat Britain
and Ireland, The Eiglit Hon Joseph Chamberlain, M. P., The Honor-
able Sir Lionel SacUville Sackvillo West, K. C. M, (1., Her Britannic
Majesty's Envoy Extraordinary and Minister Pleniiiotentiary to tho
United States of Americii; and Sir Charl<>s Tiiitper, (i. ('. JM. U., C. B.,
Minister of Finance of tho Dominion of Canada. ;

WJio, having communicated to each other (heir respective Full Pow-
ers, found in good ami due form, have agreed upon tho following arti-
cles:

ARTICLE I.

The High Contracting Parties agree to appoint a Mixed (.'ommissiou
to delimit, in th(» manner i)rovidod in this Treaty, the iiritish waters,
bays, creeks, and harbors, of the (toasts of Canada, and of .Newfound
land, as to which th(5 United States, by ArticU) I. of (he convention ol"
()ctol)or 20, 1818, l)fctween tho United States iind (treat Ibitain, re-
nounced forever any liberty to take, dry, or cure fish.

AlM'KJLE II.

Tln^ Commission shall consist of two Comusissioners lo be nanu'd by
lier IJritannic Majesty, and of two Commissioners (o be named by the
President or tho United States, wilhont dehi}, after tlio exchange of
ratitictttlous of this Treaty.

14

RELATIONS WJTIt CANADA.

i The Commission sliall meet and complete the delimitation na soon as

' possible th'^reafter.

Jn case of the death, absence, or incapacity of any (3ommissioner, or
in. the event of any Commissioner omitting or cefising to act as snch, the
President of the United t^tates or Her Britannic Majesty, respectively,
shall forthwith imme another person to act as Commissioner instead of
the Commissioner orij^inaliy named.

[ Article III.

The delimitation referred to in Article I. of this Treaty shall be marked
upon British Admiralty charts by a series of lines regnlarly numbered
and <luly described. The charts so marked shall, on the termination of
the work of the Commission, V)e signed bj' the Commissioners in quad-
ruplicate, one copy whereof shall be delivered to the Secretary of State
i of the United States, and three copies to Her Majesty's (rovernment.-

The delimitation shall be made in the following manner, and shall be
a(;cepted by both the High Covitracting Parties as applicable for all
l)urposes under Article I. of the Convention of October 20, 1818, be-
tween the United States and Great Britain.

The three marine miles mentioned in Article I. of the Convention of

October UO, 1818, shall bo measured seaward from low water mark ; but

at every bay, creek, or harbor, not otherwise specially i)rovided for in

^ this Treaty, such three marine miles shall be measured seaward from a

;iy**^/ straight line drawn across the bay, creek, or harbor, in the i)art nearest

*^ / I the entrance at the iirst point where the width does not exceed ten

' marine miles.

Article IV.

/

At or near the following !)ays tlui liiiiits of exclusion under Article I.
of the Convention of October 20, 1818, at i^oints more than three marine
miles from low water mark, shall be estiblished by the following linos,
namely :

At the Baie des Chalcurs the line froi.i the Light at Birch Point on
Miscou Island to Maccpiereau Point Lighfc ; at the Bay of Miramichi,
the line i'roju the Light at Point liscumiuactotlie Light on the Eastern
Point of Tabirsiutac Gully ; at Egmont Bay, in Prince Edward Island,
the line from the Light at Cape Egmont to the Light at West Point;
and otf St. Ann's Bay, in the Province of Nova Scotia, the lino from
Cape Smoke to the Light at Point Aconi.

At Fortune Bay, in jSrewf«)undlan(l, the line from Connaigre Head to
the Ijighu (m the Southeasterly end of Brtmet Island, thence to I'or-
tune Head; at Sir Charles Hamilton Sound, the line from the South-
east point of Cape Fogo lo While Island, thence to the North end of
IV.cklbrd Island, and fioiii the South end of Peckford Island to the
East Ilcadlan«l of I'aggcd Harbor.

At or near the iollowiiig ba.ss the limits of exclusion shall be three
marine miles seaward iVom the Collowing lines, namely :

At or near Barringtou r>ay, in Nova Scotia, the line from (he Light
on Stoddard Islaiul to the IJght on the south point of Cape Sable,
thence to the light at liaccaro Point; at CluMlabucto and.St. Peter's
Bays, the line from Cratd)eiTy Island Light to Green Island Ligiit,
thence to Point Ivonge; at Mira Bay, the line IVom (he Light on the
East Point of Seatari Island to the North-(sisterly Point of Cape
Morien ; jmmI at PhuMintia Bay, in NewfoiUMlIaud, the line from Latlue
Point, on the Eastern mainland shore, to the most Southerly I'oiut of

mm

RKLATIONS WITH CAKADir.

16

UoA Island, thence by the most Southerly roint of Merasbeeii Islaud
to the ina inland.

Lon^- Island and Brycr Island, at St. Mary's Bay, in Nova Scotia,
shall, ibr the i)uipose of delimitation, be taken as the coasts of such
bay.

Article Y.

Nothing in this Treaty shall be construed to include within the com-
mon waters any such interior portions of any bays, creeks, or harbors
as can not be reached from the sea without passing within the three
marine miles mentioned in Article t of the Convention of October 20,
1818.

Article VI.

The Commissioners shall from time to time report to each of the
High Contracting Parties, such lines as they n)ay have agreed upon,
numbered, describ",d, and marked as herein ]>rovided, witli quadrupli-
cate (diarts thceof ; which lines so rej)orted shall forthwith horn time
to time be simultanrouslj^ proclaimed by the High Contracting Parties,
and be binding after two months from such proclamation.

Article VII.

Any disagreement of the Commissioners shall forthwith be referred
to an Umpire selected by the Secretary of State of the IFnited States
and U^r Britannic Majesty's Minister at Washington ; and Ivis decision
shall be final.

Article Vlll.

Kach of the High Contracting Parties shall pay its own Commis-
sioners and oflicers. All other expenses jointly incurred, in connection
with the performance of tlie work, including compensation to the Urn
pire, shall be paid by the High Contracting Parties in equal moieties.

Article IX.

Nothing in this Treaty shall interrupt or atfect the free navigation of ^
the Strait of Canso by llshing vessels of the United States. ^

Article X.

United States fishing vessels entering the bays or harbors referred to
in Article I. of this Treaty shall (tonform to harbor regulations common
to thein and to fishing vessels of Canada or of Newfonudland.

They need not report, enter, or clear, wlien puttiuj;* iuio such bays or
harbors for shelter or lepairing danuiges, nor when putting into the
same, outside the liuiits of established i)orts ol entry, for the purpose of
l>urehasing wood or of obtaining water; except that any su<!h vessel re-
niainijig more than twenty-four hours, exclusive of Sundays and legal
holi<lays, within any such port, or communicating with the sliore therein,
may be required to report, enter, or dear; and no vessel shall be ex-
cused hereby from giving due information to boarding onicers.

They shall not bo liable i!i any such bays or harbors for con)puIsory
]»ilotage; nor, when therein for tlie purpose of shelter, of repairing
damages, of purchasing v/ood, ov of ol)laining water, shall they be lia-
ble for harbor dues, tonnage dues, buoy dues, light dues, or other aimi-

r1

V

^

V

■^

A

16

RELATIONS WITH CANADA.

7

-^1

liir iluos; but this ouiimemtiou .shall not periuit other charges iiicou-
sistent with the enjoy ineut of the liberties reserved or secured by the
Conveutioii of October 20, 18 J S.

Article XI.

rjuited States fishing vessels entering the ports, bays, and hai'bors
of the j']a8tern and Northeastern coasts of Canada or of the coasts of
Newfoundland under stress of weather or otlier casualty may unload,
reload, tranship, or sell, subject to customs laws and regulations, all
fish on board, when such unloading, transshipment, or sale is made
necessary as incidental to repairs, and may replenish outfits, provisions
and supplies damaged or lost by disaster; and i!i ca.se of death or sick-
/U'"^^ ness shall be allowed all needful facilities, including the shipi)iiig ot
crews.
Licenses to purchase in established ports of entry of the aforesaid
j coasts of Canada or of Newfoundland, for the homeward voyage, such
; provisions and snpjjlies as are ordinarily sold to trading vessels, shall
be granted to United States fishing vesstla in such porta, promj^tly
upon application and without charge; and sv.ch vessels, having obtained
licenses in the manner aforesaid, shall also be accorded ui)on all occa-
sions such facilities for the purchase oi" casual or needful provisions
and supplies as are ordir^arily granted to the trading vessels; but such
provisions oi snpi>!ies shall not be obtained 'jy barter, nor purchased
lor re-sale or traili(;.

AiiTiCLK xir.

Fishing vessels of Canada and Newfoundland shall have on the At-
lantic coast of the United States all the privileges reserved and secured
by this Treaty to United States tisliing vessels in the aforesaid waters
of (Jauada and Newfoundland.

'^'

' AiiTicLK xiir.

The Secretary of the Treasury of the United States shall ujako regu-
lations providing for the conspicuous exhibition by ovan-y United States
lishing ^'e.ssel, of its oHicial number on each bow ; and any such vessel,
r('(piired by law to have an ollicial number, and failing to comply with
such regulations, shall not be entitled to the licenses i)rovided for in
this Treaty.

l5uch regulations shall be communicated to ller Majesty's Govern-
ment previously to tlieir talking ellect.

AUTICLE XIV.

The penalties for unlawfully fishing in the waters, bays, creeks, and
i haibors, rofi'rred to in Article I of this Treaty, may exterul to for-
! f«'ituro of the boat or vessel, and appurtenances, and also of the sup-
. ))lie8 and cargo aboard when the ofleiiso was committed; an<l forpre-
l)aring in such waters to unlawfully fish therein, ]ienalties shall be
fixed by the court, n(»t to exceed those for unlawfully fishing; and for
nvny other violation of the laws of Great IJritain, Canada, or Newfound-
land relating to the right of lishery in such waters, bays, creeks, or
harbois, penalties shall be llxed by the court, not exceeding in all
three dollars for evei'y ton of the boat or vessel concerned. The boat
or vessel may be hohlen for such penalties and forfeitures.

RELATIONS WITH CANADA.

17

The proceedings sball be summary and as inexpensive as practicable.
Tlie trial (except on appeal) shall be at the place of detention, unless
the judge shall, on request of the defense, order it to bo held at some
other place adjudged by him more convenient. Security for costs shall
not be required of the defense, except when bail is offered. Reasonable
bail shall be accepted. There shall be proper appeals availr^lo to the
defense only; and the evidence at the trial may be used on appeal.

Judgments of forfeiture shall be reviewed by the Governor-General
of Canada in Council, or the Governor in Council of Kewfouudland,
before the same are executed.

Article XV.

t

Whenever the United States shall remove the duty from fish-oil,
\vl)ale-oil, seal-oil, and fish of all kinds (except fish preserved in oil),
being the produce of fisheries carried on by the fishermen of Canada and
Newfoundland, including Labrador, as well as from the usual and nec-
essary casks, barrels, kegs, cans, and other usual and necessary cover-
ings containing thoi)roduct8 above mentioned, the like products, being
the produce of fisheries carried on by the fishermen of the United
States, as well as the usual and necessary coverings of the same, as
ahovo described, shaH be admitted free of duty into the Dominion of
Canada and Newfoundland.

And upon such removal of duties, and while the aforesaid articles are
allowed to bo brought into the United States by British subjects, without
duty being reimposed thereon, the privilege of entering the jmrts, bays,
and harbors of the aforesaid coasts of Canada and Newfoundland shall
he accorded to United States fishing vessels by animal licenses, free of
charge, for the following purpcses, namely:

1. The purchase of provisions, bait, ice, seines, lines, and all other
sui)plies and outfits ;

2. Transshipment of catch, for transport by any means of conveyance;
.'5. Shipping of crews.

Supjdies shall not bo obtained by barter, but bate maybe so obtained.

The like privileges shall bo continued or given to fishing vessels of

( 'a nada and of Newfoundland on the Atlantic coasts of the United States.

Article XVI.

This Treaty shall be ratified by tho Tresident of the United States,
by and with the advice and consent of tho Senate; and by Iler Brit-
annic ^Majesty, having received tho assent of the Tarliament of Canada
and of tiie Legislature of Newfoundland; and the ratifications shall
he exchanged at Washington as soon as possible.

In faith whereof, \V'e, the respedivo rienipotentiaries, have signed
tliis Treaty, and have hereunto allixed our seals.

Done in duplicate, at AVashington, this fiiteenth day of February, in
the year of our Lord one thoiisaud eight hundred and eighty-eight.

SICAL.I

T. F. lU^AiiD
William L. l•l!TNA^r.
James B. AwrrBLL.
.1. Chamberlain.
Ij. S. Sackville West.
Charles Titpver.

seal.
seal.

SEAL.

SEAL.

[seal.

!)()20-

18

RELATIONS WITH CAXADA.

I.

4

V

PROTOCOL OP FISHEKIES CO^'FERENCE.

Washington, November 22, 1887.

The Eislieries Conference baviuf? Ibnnall.v met, the Full Powers of the
Plenipoteutiiiries were exhibited iiiul foiniil to be in f^ood and duo form,
as follows:

Gkover Cleveland, PrcHident of tJie United States of America. To
all to whom these prescntn shall come, Greeting :

Know ye that, reposing special trust and cbnlidence in the integrity
and ability of Thomas F. Bayard, Secretary of State; William L. Put-
nam, of Maine; and James ]>. Angell, of Michigan; I hereby invest
them with full power jointly and severally, for and in the name of the
United States, to meet and confer with Plenipotentiaries rejireseuting
tiie Government of Her Britauio Majesty, for the purpose of consider-
ing and adjusting in a friendly spirit all or any questions relating to
rights of lishery in the seas adjacent to Critish IS^orth America and
Newfoundland which are in dispute between the Government of the
United States and that of Her Britannic Majesty, and any othc^r ques-
tions which may arise and which they may be authorizeil by their re-
spective governments to consider and adjust; and I also fully em-
power and authorize the said Thomas F. Bayard, William L. Putnam,
and James B. Angell, jointly and sevenJly, to conclude and sign any
treaty or treaties touching tlie premises, for the final ratification of the
President of the Uuitci States, by and with the advice and consent of
the Senate, if such advice and consent be given.

In testimony Avhereoi', I have caused the seal of the United States to

bo hereunto affixed.

Given under my hand at the City of Washington this eighteenth

day oflNovember, in the year of our Lord one thousand eight

[SEAL,] hundred and (3ighty-seven, and of the Independence of the

'United States, the one hundredth and twelfth.

G ROVER Cleveland.
Bv the President:

T. F. Bayard,

Secretary of State.

Victoria R. & 1. Victoria, hy the Grace of God, of the United Kinp-
dom of Great Britain and Ireland] Qiicoi, Defender of the Faith, Empress
of India, i{:e., <0c., d\'., To All and Sinrjnlar to whom these Presents shall
vinue. Greeting !

Whereas ior the purpose of considering and adjusting in a friendly
spirit with Plenipoteniiaries to be appointed on the part of Our tJood
Friends The United States of America all or any <]uestions relating to
rights of Fishery in the seas adjacent to British North Aujerica and
Newfoundland which are in dispute between OurGov(!rnment and that
of Our said Good Friends, and any other questions which may arise
which the respeclive Plenipotentiaries nuiy be authorized by their Gov-
ermnentstoconsiderand adjust. We have judged it expedient to invest
lit persons with Full l\)wer to conduct oil Our part the disi'ussions in
this behalf. Jvnow Ve therefore that We, reposing especial trust and
confidence in the wisdom, loyalty, diligence, and circumspection of Our
Right Trusty and Well bciloved Councillor Joseph Chaud)erlain, a Mem-
ber of Our Most Honorable J'rivy Council, and a Member of Parliament,

RELATIONS WITU CANADA.

19

&c., &c. ; of Onr Trusty and Well beloved The JIoTiorable Sir Lionel
Sackville Sackville West, Kuiglit Comumiider of Onr Most Distiii-
guislied Order of St. Michael and St. Georjife, Our Envoy Extraordi-
nary and Minister Plenipotentiary to Our said (lood Friends tlie
United States of America, &c., &c., and of Oin- Ttnsty and Well \)q-
loved Sir Charles Tapper, Kniijht Grand Cross of Onr Most Distiii-
^uished Order of St. Michael and St. Geor;.je, Companion of Onr Most
Honorable Order of the Bath, Minister of Finance of the Dominion
of (Janada, &c., &c., have named, made, constituted, and api)ointed,
as We do by these Presents name, nial;e, constitute and appoint them
Our undoubted Plenipotentiaries: Givinjj to them, or to any two of
them, all manner of power and authority to treat, adjust, and conclude,
witli such plenipotentiaries as may be vested with similar power and
authority on the part of Our Good Friends The United States of
America, any Treaties, Conventions, or Agreements that may tend to
tlio attainment of the above mentioned end, and to si,a:n for Us and
in Onr Name, everything so agree<l ujwn and (:oncln(h>d, and to do and
transact all such other matters as .iiay appertain to the finishing of the
aforesaid work in as ample manner and form, and with equal force and
ellicienoy as We IJurselves could do if Personally present: Engaging
and promising upon Our Ivoyal Word that whatever things shall he so
transacted and concluded by Our said Pleni])otentiarie8 shall be agreed
to, acknowledged, a-nd accepted by Us in the fullest manner, aiul that
We will never sutler, either in the whole or in part, any person whatso-
ever to infringe the same, or act contrary thereto, as far as it lies in Our
Power. In witness whereof Wo have caused the Great Seal of Onr
United Kingdom of Great Britain and Ireland to be attixed to these
Presents which We have signed with Our Koyal Hand. Given at Oui'
Court at Balmoral the twenty-fourth day of October in the year of Our
Lord one thousand eiglit hundred and eighty-seven, an<l in the fifty-
(irst year of Our Reign.

The British Plenipotentiaries proposed that Mr, Bayard, Secretary of
State of the United Slates, should preside.

Mr. Bayard, while expressing appreciation of the i)roposal, stated
the opinion, in which the other Unite<l States Plenipotentiaries con-
curred, that it was not necessary that any one should preside; and the
proposal was permitted to rest.

Mr. John B. Moore, Third Assistant Secretary of State of the United
States, acting as Secretary to the United States Plenipotentiaries, an<l
Mr. ,J. IT. Vr. Bergne, C. M. G., Superintendent of the Tivaty Depart-
ment of the British Foreign Office, acting as secretary to the British
Plenipotentiaries, were recpiested to make the Protocols of the (Jonfer-
ence.

After some discussion of questions before the Conference, it was ad-
journed to 12 o'clock m. of the 28th of November.

PliOTOCOL.

The treaty having been signed by the British Plenipotentiaries de-
sire to state that tliey have been considering the position which will bo
created by the innnediato comnuuicement of the fishing season before
the Treaty can i)ossibly be ratified by the Senate of the United States,
by the Parliament of Canada, and the Legislature of Newfoundland.

\ u

20

RELATIONS WITH CANADA.

J

1 11 tlie absence of such ratification the old coiiditioDS wliicli have given
rise to so much friction and irritation might be revived, and might in-
terfere with the unprejudiced consideration of the Treaty by the legis-
hitive bodies concerned.

Under these circumstances, and with the further object of aftbrding
eviden(;e of their anxious desire to promote good feebug and to remove
all possible subjects of controversy, the British Plenipotentiaries are
ready to make the following temporary arrangement for a period not
exceeding two years, in order to atlbrd a ^^ modus vivendV' pending the
ratification of the Treaty.

1. For a period not exceeding two years from the present <late, the
l>rivilege of entering the bays and harbors of the Atlantic coasts of
Canada and Newfoundland shall bo granted to United States tlshing
vessels by annual Licenses at a fee of $J^ per ton — for the following
purposes :

The purchase of bait, ice, seines, lines, and all other 8ui>plies and
outfits.
Transshipment of catch and shipping of crews.

2. If (luring the continuance of this arrangement, the United States
should remove the duties on fish, tish-oil, whale and seal oil (and their
coverings, packages, &c.,), the said Licenses shall be issued free of charge.

3. United States tlshing vessels entering the bays and harbors of the
Atlantic coasts of Canada or of iSTewfoundland for any of the four ])ur-
poses mentioned in Article I. of the Convention of October L*(), 1818,
and not remaining therein more than twenty-four hours, shall not be
required to enter or clear at the custom house, providing that they do
not communicate with the shore.

4. Forfeiture to be exacted only for the oftences of fishing or prejiar-
iiig to fish in territorial waters.

5. This arrangement to take ofifect as soon as the necessary measures
can be completed by the Colonial Authorities.

J. Chamberlain.
* L. S. Sackville West.

Chables Tupper.
Wnakinglon^ Fchruarij l.">, 1888.

PROTOCOL.

The American Plenipotentiaries having received the communication
of the British Plenipotentiaries of this date conveying their plan for
tiie administration to be observed by the Governments df Canada and
Mewfoundlaiid in respect of the Fisheries during the period which may
be rctjuisito for the consideration by the Senate of the Treaty this day
signed, and the enactment of the legislation by the respective Govenl-
mcnts rherein proposed, desire to express their sntisfact ion with this
manifestalion of an intention on the jiartof the British Plenipotentiaries,
by the means referred to, to maintain the relations of good neighborhood
between the British Possessions in North America and the Uiiiteti States;
and they will convey the communication of the Jiritish Plenipotentiaries
to the President of the United States, with a recommendation that the
same may lie by him made known to the Mcnate for its information,
together witli the Treaty, when the latter is submitted to that body for
ratification.

T. F. Bayard.

William L. Putnam.

James B. Angell.
WasUngton, February 15, 1888.

Tltl I .,..

TREATY

JIRTWKEX TIIK

UNITED STATES AND GREAT BRITAIN.

CLAIMS, FISHERIES, NAVIGATION OF THE ST. LAWRENCE, &c., AMERICAN
LUMBER ON THE RIVER ST. JOHN, BOUNDARY.

CONCLIJDKD MAY 8, 1871; RATIFICATIOIsS EXCHANGED JUNE 17, 1871;

PROCLAIMED JUEY 4, 1871.

BY Tin: rRI-:SIDENT of the united 8TATES OF AMERICA.
A rilOGLAMATION.

Wlieroiis a Treaty, botweou tlic United States of America and Her
Majesty Hie (^Hieeii of the United Kinj^doiii of Great Britain 'uul Ire-
land, concerning the settlement of all csinses of difference between the
two conntries, was concluded and sijjned at Washington by the High
Commissioners and rienij)otentiaries of the respective Governments
on the eighth day of May last; which Treaty is, word for word, as fol-
lows:

The United States of xKmeric^a and Tier Britannic Majesty, being de-
sirous to provide for an amical)le settlement of all causes of difference
between the two countries, have for that purpose appointed their re-
s]ioctive rieuipotentiaries, thai is to >say : The I'resident of the United
Suites luis appointed, on the part of tlie United Stj:tes, as Gommis-
sioners in a Joint Iligh Commission and Plenipotentiaries, Hamilton
ImsIi, Secretary of State; Bobert Cumming Schenck, Knvoy KNtraor-
• iiiiary atul Minister rienipotentiary to Great Britain ; Samuel Kelson,
an Associate Justice of the Supremo Court of the United States ;
l^l)enezer llockwood Hoar, of Massachusetts ; an<l George Henry Will-
iams, of Oregon; and Her Britannic Majesty, on her part, has ap-
juanted as her High Commissioners and rieuipotentiaries the Bight
Honourable George rrederick Samuel, Earl deGrey and Earl of Bipon.
Viscount Goderlch, Baron Grantham, a Baronet, a I'eer of the United
ivnigdoni. Lord President of Her Majesty's Most Honourable I'rivy
Council, Knight of the Most Noble Order of the Garter, etc., etc. ; the

21

■a

22

RELATIONS WITH CANADA.

JU<^ht Honourahle Sir Staflbril Ucnry Korthcoto, Baronet, one of Her
Majesty's Most iroijouiablo I'rivy Council, a IMeiubor of Parliament, a
Coinj)ani(>n of tlio Most Flonourable Order of the l>ath, etc., etc.; Sir
E<hvar(l Tlsornt(Mi, Kuigbt (Jomnjander of tlio Most Honourable Order
of the Batli, IJ<'r Majesty's Envoy Extraordinary^ and Minister Plenipo-
tentiary to tlie United States of America; Sir Jolin Alexander Mac-
donald, Knight Commander of the Most Honourable Order of the Datb,
a member of Her Majesty's Privy Council for Canada, and Minister of
.Justice and Attorney General of Her Majesty's Dominion of Canada;
and Monntague Bernard, Esquire, Chichele T'rofessor of Internationa!
Law in the University of Oxford.

And the said Plenipotentiaries, after having' exchanged their full
powers, which were found to be in due and proper form, have agreed to
and concluded the following articles:

Article T.

Whereas ditt'erences have arisen between the Government of the
United States and the Government of Her Britannic Majestj', and still
exists, growing out of the acts committed by the several vessels which
have given rise to the claims generally known as the "Alabama
Claims:"

And whereas Her Britannic Majesty has authorized her High Com-
missioners and Plenipotentiaries to express, in a friendly spirit, the re-
gret felt by Her Majesty's Government for the esca])o, under whatever
circumstances, of the Alabama and other vessels from British ports,
and for the depredations committed by those vessels:

Now, in order to remove and adjust all complaints and claims on the
part of the United States, and to provide for the speedy settlement of
such claims which are not admitted by Her Britannic Majesty's Gov-
ernment, the high contracting parties agree that all the said claims,
growing out of acts committed by the aforesaid vessels, and generically
known as the "Alabama Claims," shall be referred to a tribunal of arbi-
tration to be composed of live Arbitrators, to bo ai)pointed in the fol-
lowing manner, that is to say : One shall be named by the'President of
the United States; one shall be named by Her Britannic Majesty; His
Majesty the King of Italy shall be. requested to name one ;"the President
of the Swiss Confederation shall be requested to namejone ; and His
Majesty the Emperor of Brazil shall be requested to name one.

In case of the death, absence, or incapacity to serve of any or cither
of the said Arbitrators, or, in the event of either of tlie said Arbitra-
tors omitting or decliniiig or ceasing to act as such, the President of
the United States, oi Her Britannic Majesty, or His Majesty the King
of Italy, v>r the President of the Swiss Confederation, or His Majesty
the Emperor of Br;zil, as tho case may be, may forthwith name
another i)erson to act as Arbitrator in the place and stead of the Arbi-
trator originally named by such head of a State.

And in the event of the refusal or oujission for two months after ro.
eeij>t of the request from either of the high contracting parties of His
Majesty the King of Italy, or the President of the Swiss Confederation,
or ilis Majesty the Emi^eror of Brazil, to name an Arbitrator either to
fill the original Hpi)ointment or in the place of one who may have died,
be absent, or incapacitated, or who may omit, decline, or from any cause
xjease to act as such Arbitrator, His Maje8ty]|the King of Sweden and
Norway shall be requested to name one or more persons, as tho case
may be, to act as such Arbitrator or Arbitrators.

RELATIONS WITH CANADA.

29

Article II.

Tbc Arbitrators shall meet atOeneva, in Switzerland, at the earliest
convenient day after they shall have been named, and shall proceed
impartially aud carefully to examine and decide all questions that shall
be laid before then- on the part of the Governments of the United
States and Iler Britannic Majesty respectively. xVll questions consid-
ere«l by the tribunal, inclutliug the final award, shall be decided by a
laajoiity of all the Arbitrators.

iiach of the high contracting? i)arties shall also name one pers<m to
attend the tribunal as its Agent to represent it generally in all matters
connected with the arbitration.

Article III.

The written or x)rinted case of each of the two parties, accompanied
by the documents, the official correspondence, and other evidence on
which each reliei^., shall be delivered in duplicato to tich of the Arbi-
trators and to the Agent of the other party as soon as may be after the
organization of the tribunal, but within a period not exceeding six
months from the date of the exchange of the ratifications of this treaty.

Article IV.

^Vithin f5ur months after the delivery on both sides of the written or
printed case, either party may, in like manner, deli\'er in duplicate to
each of the said Arbitrators, and to the Agent of the other party, a
counter case and additional documents, correspondence, and evidence,
in reply to the case, documents, correspondence, and evidence so pre-
sented by the other party.

The Arbitrators may, however, extend the time for delivering such
counter case, documents, correspondence, and evidence, when, in their
judgment, it becomes necessary, in consequence of the distance of the
place from which the evidence to be presented is to be procured.

If in the case submitted to the Arbitrators either party shall have
specified or alluded to any report or document in its own exclusive
possession without annexing a copy, such party shall be bound, if the
other party thinks proper to apply for it, to furnish thtit party with a
copy thereof; and either party may call upon the other, through the
Arbitrators, to produce the originals or certified copies of any i)aper3
adduced as evidence, giving in each instance such reasonable notice is
tiie Arbitrators may require.

Article V.

It shall be the duty >f the Agent of each party, within two months
after the expiration of the time limited for the delivery of the counter
case on both sides, to deliver in duplicate to each of the said Arbitra-
tors and to the Agent of the other party a written or printed argument
showing the points and referring to the evidence upon which his Gov-
ernmcTit relies; and the Arbitrators nuiy, if thoy desire further eluci-
dation with regard to any point, require a written oo printed statement
or argument, or oral argument by counsel upon it; but in such case
the other party shall be entitled to reply either orally or in writing, as
Ihe case may be.

24

RELATIONS WITH CANADA.

Aetiole VI.

In deciding the matters submitted to <^be Arbitrators, tbey shall be
governed by tlie following three rules, wuich are agreed upon by the
high contracting parties as rule? to be taken as applicable to the case,
and by such principles of iuteuiational law not inconsistent therewith
as the Arbitrators shall determine to have been applicable to the case.

RULES.

A neutral Government is bound —

First, to use due diligence to prevent the flitting out, arming, orequip-
])ing, within its jurisdiction, of any vessel which it has reasonable ground
to believe is intendcvl to cruise or to cany on war against a T^)wer with
which it is at peaco; and also to use like diligence to prevent the de-
parture from its jurisdiction of any vessel intended to cruise or carry on
war as above, such vessel having been specially adapted, in whole or in
part, wiihin such jurisdiction, to warlike use.

Secondly, not to permit or sufier either belligerent to nuike use of its
ports or waters as the base of naval operations against the other, or for
the purpose of the renewal or augmentation of military supplies or arms,
or ilie recruitment of men.

Thirdly, to exercise due diligence in its own ports and waters, and, as
to all persons within its jurisdiction, to ])rcvent any violation of the
foregoing obligii^ions and duties.

lier J'.ritannic Majesty hr.s commanded her High Conmissiouers and
Plenii)otentiaries to declare that tier Majesty's Government cannot as-
sent to the foregoing rules as a statement of principles of interna
tional law which were in force at the time when the claims mentioned
in Article 1 arose, but that Her Majesty's Government, in order to evince
its desire of strengthening the friendly relations between the two coun-
tries and of making satisfactory provision for the future, agrees that in
deciding thci questions between the two countries arising out of those
elairns, the Arbitrators should assume that Her Majesty's Government
had undertaken to act upon tlie i)rinciples set forth iti these rules.

And the high contracting parties agree to observe these rules as be-
tween themselves in future, and to bring ihem to the knowledge of other
maritime Towers, and to invito them to accede to them.

Aeticle VII. •

The decision of the tribunal shall, if possible, be made within three
months from the <!lose of the argument on both sides.

It shall be made in writing and dated, and shall be signed by the
Arbitriitors who may assent to it.

The said tribunal shall first determine as to each vessel separately
whether Great JUitain has, by any act or omission, failed to fulfil any
of the duties set forth in the foregoing three rules, or recognized by
the i)rinciples of iiiternational law not inconsistent with sucli rules,
and shall certify such fact as to each of the said vessels. In case tlu'
tribiiiiiil find that Great JJritain has failed to InUll any duty or dutie;s
as aforesaid, it may, if it think proper, proceed to award a sum in gross
to be paid by Great .Hrilain t(* the United Htatos for all the claims
referred to it: Hn<l in such case the gross sum so award^^d shall bo paid
ill coin by the Government of Great JJritnhi to the Government of

RKLATIONS WITU CANADA.

25

ilie United States, at Wasliingtou, within twelve inoiith« after the date
of tbe award.

The award shall be iu duplicate, one eoi).y whereof shall be delivered
to the Agent of the United States for liis Government, and the other
oopy shall be delivered to the Agent of Great Britain for his Govern-
ment.

Article VIII.

Each Government shall pay its own Agent and provide foi- the proper
remuneration of the counsel employed by it and of the Arbitrator
appointed by it, and for the oxponso of preparing and submittiug its
case to the tribunal. All other expenses connected with the arbitration
shall be defrayed by the two Governments in equal moiet-cs.

Article TX.

Tlui Arbitrators shall keep an accurate record of their proceedings,
and mfiy api)oint and employ the necessary officers to assist tliem.

Article X.

Tri case vhe tribunal (iiids tluvt Great Britain has failed to fulfil any
(Inty or duties as aforesaid, and does not award a sum iu gross, the
liigJi contracting parties agree that a board of assessors shall bo aj>-
jiuinted to ascertain and determine what claims are valid, and what
amount or anu)unts shall be paid b.y Great IJiitain to the United States
on account of the liability arising from such failure, as vo each vessel,
according to the extent of such liability as detlded by the Arbitrators.

The board of assessors shall be constituted as follows: One member
thereof shall be named by the l*resident of the Unite«l States, one
member thereof sjall \)e niimod by Tier Britannic Majesty, and one
member thereof shall be named by the liepresentative at Washington
of Ilis Majesty the King of Italy : autl in case of a vacancy Jiappening
from any cause, it slmll be lllled in the same r/ianner in which the
original appointment was nuuh;.

As soon as ])ossible after such nominations the l)oard of assessors
shall be organ i/.iMl in Washington, with power to hold their sittings
there, or in Mew York, or in IJoston. The members thereof shall sev-
erally subs(!ribe a solemn declaration that they will impartially ami
carefiillv «'\aniine antl decide, to the best of their judgment and accord-
i"}? to j>isii(',e and eipiity, all matti.TS submitled to them, and shall
foithwilh i>rocee(l, under such rules and regulations as they may pie-
scribe, to the investigation of the claims which shall be invsented to
them by the (Jovcrument of the United Sl"ates, and shall examine ami
decide upon them iu such order and manner as they umy think proper,
but u])on such evidence or information only as shall be fuiiiislied by
or on hehalfof the Governments ul' the (Tnlted Srates and of (Jreat
Britain, iesi)ectively. They shall be bound \u heai* on each separate
claim, if required, one person on behalf of each (Jlovernm(Mit, as coun-
sel nr agent. A maj«uity of the Assessors iu each case shall be snUi
cient for a decision.

T'he decision of tiio Assessors shall be given ui)on each claim in
writing, and shall be sigm-d by IIk^ui respectively and dated.

Kvery claim shall be nresented to the Assessors within six months
from the day oi" their iirst mer'.ting, but they may, for good (iausy

I

i

26

RELATIONS WITH CANADA.

shown, extend the time for the presentation of any claim to a further
period not exceeding three months.

The Assessors shall report to each Government, at or before the ex-
piration of one year fioin the date of th(iir first meeting, the amount of
claims decided by them up to thtj dat«i of bach report; if further
claims then remain undecided, they shall make a further report at or
before the expiratiou of two years from the <late of such first meeting;
and in case any claims remaiii undetermined at that time, they shall
make a final report within a further period of six months.

The report or reports shall be made in duplicate, and one copy thereof
shall be delivered to tlie Secretary of Stale of the United States, and
one copy thereof to the Representative of Uer Britannic Majesty at
Washingtcu.

All sums of moMcy which nmy be awarded under this article shall be
payable at Washington, in coin, within twelve months after the de-
livery of each report.

The board of assessors amy employ such clerks as they shall thir.k
necessary.

The expenses of the board of assessors shall be borne equallj^ by the
two (rovernments, and paid from time to time, as may be found expe-
dient, on the production of accounts certified by the board. The re-
muneration of the Assessors shall also be paid by the two Governments
in equal moieti<js in a similar manner.

abtiole xr.

The high contracting parties engage to (Consider flio result of the pro-
ceedings of tlio tribunal of arbitration and of the board of Assessors,
should such board be appointed, as a full, i)erfect, and final settlement
ofjiU (he claims hereinbefore referred to; and further engage that every
such claim, whether the same inay or may not have been presented to
the notice of, made, preferred, or laid before the tribunal or board, shall,
Irom aiul after the conclusion of the proceedings of the tribunal or board,
be considered and treated as finally settled, barred, and thenceforth in-
admissible.

Article XII.

The high contracting parties agree that all claims on the part of cor-
porations, companies, or private individuals, citizens of the United
States, ni)on the Government of ITer P.ritannic i\lajesty, arising out of
acts committed against the persons or i>roperty of citizens of the Unifed
States during the period between the thirteenth of April, eighteen hui'-
dred and sixty-one, and the ninth of April, eighteen hundred and sixty-
live, inclusive, not being claims growing out of the acts of the vessels
referred to in Article I of this treaty, and all claims, with the like ex-
ccj)ti()n, on the part of corixirations, companies, or j)rivate individuals,
subjects of Her JJritannic Majesty, uj)on the Government of the United
States, arising out of acts committed against the persons or j)ropert,>
of suii.jects of Her Britannic Majesty during tlu^ same i)erio(l, which
may hav<> been presented to either Government tor its interposition
with the other, and which yet lemaiii unsettled, as well as any other
such claims which may be presented within the timespecilK'd in Article
XIV of this treaty, shall bo referred to thret'. Commissioners, to Ivi ap-
pointcil in the followirig nuiinu'i', that is to say: One (vomnnssioner
shall be named by the President of the United States, one by Jler
Britannic Majesty, and a third by the President of the United States

KELATIONS WITH CANADA.

m

and Her Britannic Majesty conjointly; and in case the third Commis-
sioner shall not have been so named within a period of three months
iVoiu the date of the exchanpe of the ratifications of tliis treaty, then
the third Commissioner shall be named by the liopresentative at Wash-
ington of ICis Majesty the King of Spain. 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 vacnncy shall be tilled in the
manner hereinbefore provided for making the ori*,Mnal appointment;
the period of three months in case of such substitution being calcu-
lated from the date of the happening of the vacancy.

The Commissioners so uaujed shall meet at Washington at the earliest
convenient period after they have been respectively named ; and shall,
before proceeding to any business, make and subscribe a solemn decla-
ration that they will im})artially and carefully examine and decide, to
the best of their judgment, and according to justice and equity, all
such claims as shall bo laid before them on the part of the Governments
of the United States and of Her Britannic Majesty, resi)ectively : and
such declaration shall be entered on the record of their proceedings.

Article XIII.

The Commissicnors shall then forthwith proceed to the investigation
oftheclarms which shall be i)resented to them. Tliey shall investi-
gate and decide such claims in such order and such maiiner as they may
think proper, but upon such evidence or information only as shall be
furnished by or on behalf of the respective Governments. They shall
be bound to receive and consider all written documents or statements
which may be presented to them by or on behalf of the respective Gov-
ernments in support of, or in answer to, any claim, and to hear, if re-
quired, one person on each side, on behalf of each Government, as coun-
sel or agent for such Government, on each and every separate claim.
A majority of the Commissi(>ners shall be suflicient for an award in
each case. The award shall be given upon each claim in writing, and
shall be signed by the Commissioners assenting to it. It shall be com-
l)etent for eai'li Government to name one person (o attend the (Jommis-
siouers as its agent, to present and sui)port claims on its behall', and
to answer claims made upon it, and to present it generally in all matters
connected with the investigation and decision thereof.

The high contracting parties liereby engage to consider the ilecision
of the Commissioners as absolutely final and conclusive upon eaijh
claim dt",ided pon by them, and to give full efltect to such decisions
without any objection, evasion, or delay whatsoever.

AUTICLE XIV.

Every clain shall be presented to the Commissioners within six
months from the day of their first meeting, unless in any case where
reasons for delay shall be established to the satisfaction of the Com-
missioners, and then, and in any such case, the period for inesenfing
the ("lain) may be extended by them to any time not exceeding three
months longer.

The Commissioners shall be bound to examine and decide upon every
claim within two years from the day of their first meeting. It shall
be com|)etent I'or the Commissioners to decide in each cas whether any
claim has or has not been tluly mil le, preferred, and laid befcto theui,
either wholly or to any and w'hat extent, according to the true intent
iind mcuning of this treaty.

I

28

RELATIONS WITH CANADA.

Article XV.

ilMI

8 of money which may bo awarded by the Commissioners on
any chiim shall be paid by the one (xovernment to the other,

All sums

account of iUi., v>.t...i. o...^.- ..v. i,....^ ^^ ^ -^ — -.,

as the case may be, within twelve months after the date of the final
award, without interest, and without any deduction save as specified in
Article XVI of this treaty.

Aktk LE XVI.

The Commissioners shall keep an accurate record, and correct min-
utes or notes of all their proceedings, with the dates thereof, and may
appoint and employ a secretary, and any other necessary officer, or ofli-
(;evs, to assist them in the transaction of the busines. vhich may come
before them.

Each Government shall pay its own Commissioner and Agent or
Counsel. All other expenses shall be defrayed by the two Govern-
ments in equal moieties.

The whole expenses of the commission, including contingent expenses,
shall be defrayed by a ratable deduction on the amount of the 'iuuis
awarded by the Commissioners, provided always that such deduction
shall not exceed the rate of live per cent, on the sums so awarded.

xVrticle XVI T.

The high c«)ntracting parties engage to consider the result of the pro-
ceedings of this commission as a lull, perfect, and final settlement ol
all such claims as are mentioned in Article XII of this treaty upon
either Government ; and further eugage that every such claim, whether
or not the same may have been presented to the notice of, made, pre-
ferred, or laid beibre the said commission, shall, from and alter the con
elusion of th.e proceedings of the said commission, be considered and
treated as finally settled, barred, and thenceforth inadmissible.

Aetiole XVIil.

It is agreed by the high contracting parties that, in addition to tln^
liberty secured to the United States fishermen by the (convention he-
tweeii the United States and Great Jiritaiu, signed at London on the
2(Mh day of October, 1818, of taking, curing, and drying fish on certain
coasts of the Ikitish North American Colonies therein defined, the iu
habitants of the United States shall have, in counnon with the subjects
of Iler liritannic Majesty, the liberty, for the term of years mentioned
in AriJcle XXXI J I of this treaty, to take fish of every kind, except
shellfish, on the sea-coasts and shores, and iv the bays, harbours, and
creeks, of the provinces of Qu(d)ec, Nova Scotia, and ISew IJnmswick,
and the colony of Prince Edward's Island, and of the several islands
tlK'reuuto adjacent, without being restricted to any distance from tho
HJiore, with permission to land upon the said coasts •ind shores uiid
islands, and also upon the TVlagilalen IshindH, Un- the purpose of drying
their n(;ts and curing their fish; provi«led that, in so <U)ing, (hey do
m)t interfere with the rights of ])rivato property, or with JbitisU fisher-
men, in the pea(!eable use of any part of the said coasts in their occu
pancy for the same ]»urpi>se.

It is niiderstood that (he abov(Mni'nli(nu'd liberty ap[>liris solely to
the sea fishery, and that the salmon and shad fisheries, and all other

!

RELATIONS WITH CANADA.

29

(ishinies in ri\ers and the inoiitUs of rivers, are hereby reserved exclu-
sively for British lishermeii.

Article XIX.

It is agreed by the liigU coDtractiug inirtioH that British subjects
shall have, in common with ihe citizens of the United States, the 1Kb-
erty, for the term of years mentioned in Article XXXUI of this treaty,
to take fish of ev^ry kind, except shell-lish, on the eastern sea coasts
and shores of the United States nortli of the thirty-ninth parallel of
north latitude, and on the shores of the seviMul islands thereunto ad
jacent, and in the bays, harbours, and creeks of the said sea-coasts and
shores of the United States aud of the said islands, Avithout being
restricted to any distance from the shore, with i)ermission to land upon
the said coasts of the United States and of the islands aforesaid, for the
])nrpose of drying their nets and curing their lish; i)rovided that, in so
doing, they do not interfere with the riglits of private property, or
with the fishermen of the United States in the peaceable use of any
part of the said coasts in their occupancy for the same purpose.

Jt is understood that the al. ' nentioncHl liberty applies solely to the
sea fishery, and that salmon suiu «had fisheries, and all other fisheries
in rivers and mouths of rivers, are hereby reserved exclusively lor llsh-
<'rmen of the United States.

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 ath of June, 18.U,
upon the coasts of Her Britannic Majesty's dominions aud the United
States, as places reserved from the common right of fishing under that
Ire.'ity, shall be regarded as in like manner reserved iiom the common
1 ight of fishing under the preceding arti(!los. In case any question
slumhl arise between the (loverumeiits of the United States and of Her
IJiitannic Mujesty as to the commou right of fishing in i)hu'es not thus
designated as reserved, it is agreed that a conunission ,^hall be uppointed
to designate such places, and shall bo constituted in the same manner,
a lid "have the san)e powers, duties, and authority as the conunission ap-
pointed under the said first article of the treaty of the 5th of June,
bSal.

Article XXI.

It is agreed that, for the term of years numtioned i'.i Arti'ile XXXIll
of this treaty, fish oil and lish of all kinds, (except fish of the inkmd
I;tKt's, and of the rivers Jailing into them, ami ex(!ept fish preserved in
oil,) being the produce of the fisheries of th(\ Uniird States, or of the
I)t)niiniou of Uanada, or of Prince ICdward's Island, shall be admitted
into each country, respectively, free of duty.

Ahtkji-io XX If.

Inasitnudi as it is asserted by the (JovernnuMil of Her Britannic MaJ-
«'sty that the privileges acieordcd to (he citizens of the United States
utuhr Article XVIII of this treaty are of greater value than tliose ac-
cordefl by Articles XIX aud XXI of this treaty to the subjects Of Her
liritiiijuic Majesty, aud this aj'sei'tioii is not admitted by the llovcru-

;

30

RELATIONS WITH CANADA.

meiit of tbe United States, it is further agreed that Coramissioners sliall
be a])pointed to determine, having regard to the privileges Jiccorded by
the United States to the subjects of Ue"r Jiritannic Majesty, as stated
in Articles XIX and XXI of this treafy, the amotint of any compensa-
tion which, in their opinion, ought to be paid by theriovernmentof tl)c
United States to the Government of Ilcr Britannic Majesty in return
for tl»e privileges accorded to the citizens of the United States undiir
Article XYlIl of this treaty; and that any sum of money which the
said Commissioners may so award shall bo paid by the United States
Government, in a gross sura, within twelve months after such award
shall have been given,

Artiole XXIII.

■3

The Commissioners referred to in the jireceding article shall be ap-
I)ointed iii. the following manner, that is to say: One (Commissioner shall
be named by the l*resident of the United States, one by Her Britannic
Majesty, and a third by the Presideut 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 tal:e effect, then the third Commissioner shall be
named by the Representative at i^ondon of IJis Majesty the Emi)erorof'
Austria and King of Hungary. In case of the death, absence, or inca-
pacity of any Commissioner, or in the event of any Commissioner omit-
ting or ceasing to act, the vacancy shall bo filled in the manner herein-
before i)rovi{led for making the original appointment, the period of three
months in case of such substitution being calculated from the date oi
the happening of the vacancy.

The Commissioners so named shall nieet. in the city of Halifax, in the'
])rovince of Kova Scotia, at the earliest convenient i)eriod after they
have been respectively named, and shall, before pro(;ecding to any busi-
ness, make and subscribea solemn declaration that they will impartially
and carefully examine am decide the matters referred to them to th»'
best of their judgment, and according to justice and equity ; and such
declaration shall be entered on the reconl of their proceedings.

Each of the high contracting parties shall also name one person to
attend the commission as its Agent, to represent it generally in all mat-
ters connected with the commission.

AUTICLE XXIV.

The proceedings shall be conducted in su<'h order as the Commis-
sioners ap])oiiited under Articles XXII and XXIII of this treaty shMll
determine. They shall be bound to receive such oral or v\?j'itten testi-
mony as either GovxM'innent nniy jiresent. Jf either party shall offer
oral testimony, lh(i other i)arty shall have the right of cross-examina-
aon, under such rules as the Commissioncus shall prescribe.

If in the cum submitted to the Commissioners either party shall have
specihed or alluded to any report or document in its own exclusive |)os
session, without annexing a copy, such party shall be bound, if the other
party thinks proper to apply for it, to furin'sh that party witli a coi)y
tiici;eof; and either party may call upon the other, through the(jommis-
sioners, to produce the originals or certihed copies of any pai)ers ad
diu;ed as evidence, giving m each instance such reasonable notice as the
Commissioners nuiy riMpiire.

I^he case on either side shall be closed within a period of six months
fr^m the date of tho organization of the Commission, and the Commis

RELATIONS WITH CANADA.

»1

sioners shall be requested to ^ive their award as soon as possible there-
after. Tlie aforesaid period of six moutha may be extended for three
months in ease of a vacancy occurring among the Oommissionars under
the circuu)stances contemplated in Article XXIII of this treaty.

Article XXV.

The Commissioners shall keep an accurate record and correct minutes
or notes of all their proceedings^ with the dates thereof, and may ap-
point and employ a Secretary and any other necessary ofiicer or otilcers
to assist them in the transaction of the business which may come be-
fore Lhem

Each of the high contracting parties shall pay its own Commissioner
and Agent or Counsel ; all other expenses shall be defr/iyed by the two
Governments in equal moieties.

Article XXVI.

The navigation of the river St. Lawrence, ascending and descending,
from the ibrty-lifth parallel of north latitude, where it ceases to form
the boundary between the two countries, from, to, and into the sea,
shall forever remain free and open for the purposes of commerce to the
citizens of the United States, subject to any laws and regnlations of
Great Britain, or of the Dominion of Canada, not inconsistent with such
l)rivil':'ige of free navigation.

The navigation of the rivers Yukon, Porcupine, and Stikino, ascend-
ing and descending, from, to, and into the sea, shall forever remain free
and open for the purposes of commerce to the subjects of Her IJritannic
Alajesty and to the citizens of the United States, subject to any laws
and regulations of either country within its own territory, not incon-
sistent with such privilege of free navigation.

ARTICLE XXVII.

The Government of Her Britannic Majesty engages to urge upon the
Government of the Dominion of Canada to secure to the citizens of the
United States the use of the Wetland, St. Lawrence, and other canals
in the Dominion on terms of equality with the inhabitants of the Do-
n»inion; and the Government of the United States engages that the
Nnbjects of tier IJritannic Majesty Khali enjoy the use of the St. (31air
Mats caVial on terms of equality with the inhabitants of the United
States, and further eiigages to urge upon the State Governments to
secure to the subjects of ller Hritainiic Majesty the use of the several
8tat(; canals connected with the navigation of the lakes or rivers trav-
ersed by or contiguous to the boundary line between the pos8(!S8ions of
the higii contracting parties, ou terms of equality with the inhabitants
ofthe United States.

ARTICLE XXVIIL

The navigation of Lake MichigOTi shall also, Tor the terra of years men-
tioned in Article XXXI U of this treaty, be free and open for the pur-
poses of commerce to the subjects of Her Britannic Majesty, subject to
iiny laws ami regulations of the UuiIcmI States or of the States border-
ing thereon not inconsistent with such privilege of free navigation.

iii

32

RELATIONS WITH CANADA.

Article XXIX.

It is agreed that, for the term of years mentioned in Article XXXIII
of this treaty, goods, w ares, or merchandise arriving at the ports of
Now York, Boston, and Portland, and any other ports in the United
States which have been or may, frota time to time, bo specially desig
nated by the I'resident - t^he United States, and destined Tor iler Bri-
tannic Majesty's possess. vms in North America, may be entered at the
j)roper custom-house and conveyed in transit, without the payment of
duties, through the territory of the United States, under such rules,
regulations, and conditions for the protection of the revenue as the
Government of the United States may from time to time prescribe ; and
under like rules, regulations, and conditions, goods, wares, or merchan-
dise may be conveyed in transit, without the payment ot duties, from
such possessions through the territory of the United States for export
from the said ports of the United States.

It is further agreed that, for the like period, goods, wares or mer-
chandise arriving at auy of the ports of Her Britannic Majesty's pos-
sessions in North America and destined for the United States may bo
entered at the proper custom-house and conveyed in transit, without
the paymoi't of duties, through the said possessions, under such rules
and regulations, and conditions for the i^rotectioii of the revenue, as the
Governments of the said possessions may from time to time prescribe;
and under like rules, regulations, and conditions goods, wares, or mer-
(!han<lise may be conveyed in transit, without payment of duties, from
the United States through the said possesf-ious to- other places jn the
United States, or for e::port iVom ports in the said possessions.

Ahtiole XXX.

It is agreed that, for the terms of years mentioned in Article XXXIII
of this treaty, subjects of Iler Britannic Majesty may carry in British
vessels, without payment of duty, goods, wares, or merchandise from
one port or place witliiu the territory of the United States upon the St.
Lawrence, tlie great lakes, and the rivers connecting the same, to an-
other 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 liritannic JMajesty 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 Iler Jiritanuic Majesty
in North America, to anotiier port or place within the said possessions :
Provided, That a portion of siu'li transportat ion is made through the
territory of the United States by land carriage a,n<l 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.

Th(5 Government of the Uuitird 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 (»f the Dominion of Can
ada and the Legislatures of the other colonies* not to impose any ex
port duties on goods, wares, or merchandise carried under this article ;
and the Govcrumeni of the United States may, in case such export

RELATIONS WITH CANADA.

33

duties are imposed by tlio Dominion of Canada, suspend, during the
])eriod that such duties are imposed, the right of carrying granted un-
der this article in favor of the subjects of Her Britannic Majesty.

Tlie Government of the United States may suspend the right of carry-
ing 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 of the said Do-
minion on terms of equality with the inhabitants of the Dominion, as
provided in Article XXVII.

^ Article XXXI.

The Government of Her Britannic Majesty further engages to urge
upon the Parliament of the Dominion of Canada and the Legislature of
New Brunswick, that no export duty, or other duty, shall be levied ou
lumber or timber of any kind cut ou that portion of the American ter-
ritory in the State of Maine watered by the river St. John and its trib-
utaries, and floated down that river to the sea, when the same is shipped
to the United States from the province of New Brunswick. And, in
case any such export or other duty continues to be lev-ied after the ex-
I)iration of one year from the date of the exchange of the ratifications
of this treaty, it is agreed that the Government of the United States
may suspend the right of carrying hereinbefore granted under Article
XXX of this treaty for such period as such export or other duty may
be levied.

Article XXXII

It is further agreed that the provisions and stipulations of Articles
XVIII to XXV of thi.^ treaty, inclusive, shall extend to the colony of
JS^ewfoundland, so far as they are applicable. But if the Imi)erial Far-
liament, the Legislature of Newfoundland, or the Congress of the Uni-
ted States, shall not embrace the colony of Newfoundland in their laws
enacted for carrying the foregoing articles into effect, then this article
sliall be of uo effect; but the omission to make provision by law to give
it effect, by either of the legislative bodies aforesaid, shall not in any
\\'ay impair any other articles of this treaty.

Article XXXIII.

Tlio foregoing Articles XVIIt to XXV, inclusive, and Article XXX
of this treaty shall take effect as soon as the laws required to carry them
into operation shall have been passed by the Imperial Parliament of
Great Britain, by the Parliament of Canada, and by the Legislature of
I'riuce Edward's Island on the one hand, and by the Congress of the
United States on the other. Such assent having been given, the said
articles shall remain in force for the period of ten years from the date
at which they may come into operation; and further until the expira-
tion of two years after either of the high contracting parties shall have
given notice to the other of its wish to terminate the same ; each of the
high contracting ]»arties t)eing at liberty to give such notice to the other
at the end of the said period of ten years or at any time afterward.

-» Article XXXIV.

Whereas it was stii)ulated by Article I of the treaty concluded at
Washington on the 15th of June, 1840, between the United States and
9020 3

•OTHMI

«^^

m^^mmm

wm

^■p

34

RELATIONS WITH CANADA.

Her Britannic Majesty, tbat the line of boundary between the territo-
ries of the United States and those of Her Britannic Majesty, from tht?
point of the forty-ninth parallel of north latitude up to which it had
already been ascertained, should be continue<l westward along the said
parallel of north latitude " to the middle of the channel which separates
the continent from Vancouver's IsUuid, and thence southerly, through
the middle of the said channel and of Fuca Straits, to the Pacitic
Ocean;" and whereas the Commissioners ai)pointed by the two high
contracting j)arties to determine That i)ortion of the boundary wliicU
runs southerly through the middle of the channel aforesaid, were un-
able to agree upon the same; and whereas the Government of livv
Britannic Majesty claims that such boundary line should, under tlie
terms of the treaty above recited, be run through the Kosario Straits.
and the Government of the United States claims that it should be run
through the Canal de Haro, it is agreed that the respective claims of
the Government of the United States and of the Government of Her
Britannic Majesty shall be submitted to the arbitration and award of
His Majesty the Emperor of Germany, who, having regard to th*
above-mentioned article of the said treaty, shall decide thereupon,
finally and without appeal, which of those claims is most in accordance
with the true interpretation of the treaty of June 15, 184G.

Article X.'KXY.

A"

The award of His Majesty the Emperor of Germany shall be considered
as absolutely final and conclusive; and full effect shall be given to such
award without auj* objection, evasion, or tlelay whatsoever. Such decis-
ion shall be given in writing and dated; it shall be in whatsoever form
His Majesty maj' choose to adopt; it shall be tlelivered to the Repre-
sentatives or other public Agents of the Unitc^d States and of Great
Britain, respectively, who may be actually at Berlin, and shall be con
sidered as operative from the day of the date of the delivery thereof.

KJ

m

Article XXXVI.

The Written or printed case of each of the two i)arties, accompanied
by the evi<lence ottered in support of the same, shall be laid before His
Majesty the Emperor of (lermany within six months from the date of
the exchange of the ratiticatious of this treaty, and a coj)y of such
case and evidence shall be communicated l»y each party to the other,
through their respective Ilepresentatives at IJerlin.

The high contracting parties may include in the evidence to be con-
sidered by the Arbitrator such documents, official correspondence, and
other otiicial or public statements bearing on the subject of the refer-
ence as tliey may consider necessary to the support of their respective
cases.

After the written or printed case shall have been communicated by
each party to the other, each i)arty shall have the ])ower of drawing u|)
and laying before the Arbitrator a second and definitive statement, if it
think fit to do so, in reply to the case of the other party so communi-
cated, which definitive statement shall be so laid before the Arbitrator,
and also bo mutually communicated in the same manner as aforesaid,
by each i)arty to the other, within six months irom the tlate of laying
the first statement of the case before the Arbitrator.

RELATIONS WITH CANADA.

8&

Article XXXVII.

If, in the case submitted to the Arbitrator, either party shall specify
or allude to any report or document in its own exclusive possession
without annexing a copy, such party shall be bound, if the other party
thinks proper to apply for it, to furnisli that party with a copy thereof,
and either party may call upon the other, through the Arbitrator, to
produce the originals or certified copies of any papers adduced as evi-
dence, giving in each instance such reasonable notice as the Arbitrator
may require. And if the Arbitrator should desire further elucidation
or evidence with regard to any point contained in the statements laid
before him, he shall be at liberty to require it from either party, and
he shall be at liberty to hear one Counsel or Agent for esicli partj', in
relation to any matter, and at such time, and in such manner, as he
may think fit.

ARTICLE XXXVIII.

The Eepresentatives or other public Agents of the United States
and of Great Britain at Berlin, respectively, shall be considered as the
Agents of their re8i>ective Governments to conduct their cases before
the Arbitrator, who shall be requested to address all his commnnica-
tions and give all his notices to such Representatives or other public
Agents, who shall represent their respective Governments generally, in
all matters connected with the arbitration.

Abticle XXXIX.

It shall be competent to the Arbitrator to proceed in the paid arbitra
tion, and all matters rek Jng thereto, as and when he shall see lit, either
in person, or by a person or persons named by him for that purpose,
either in the presence or absence of either or both Agents, an«l either
orally, or by written discussion or otherwise.

BB

Article XL.

The Arbitrator may, if he think fit, appoint a Secretary, or Clerk, for
the iTurposes of the proposed arbitration, at such rate of remunera-
tion as he shall think proper. Tbis, and all other expenses of and con-
nected with the said arbitration, shall be provided for as hereinafter
stipulated.

Article XLI.

t

The x\rbitrator shall be requested to deliver, together with his award,
an account of all the costs and expenses which he may have been put to,
in relation to this matter, which shall forthwith be repaid by the two
Covernineiits in equal moieties.

Article XLII.

The Arbitrator shall be requested to give his award in writing as
early as convenient after the whole case on each side shall have been
laid before him, and to deliver one copy thereof to each of the said
Agents.

36

EELAT10N8 WITH CANADA.

Article XLIII.

The present treaty shall be duly ratified by the Preaideut of the
United States of America, by and ^^ith the advice and consent of the
Senate thereof, and by Her Britannic Majesty; and the ratifications
shall be exchanged either at Wasliinj^tou or at London within six
months from the date hereof, or earlier if possible.

In faith whereof, we, the respective Plenipotentiaries, have signed
this treaty and have hereunto aflBxed our seals.

Done in duplicate at Washington the eighth day of May, in the year
of our Lord one iliousand eight hundred and seventy-one.

SEAL.] Hamilton Fish.

SEAL. KOBT. C. SCHENCK.

SEAL. Samuel Nelson.

SEAL.' EBENEZEB RoCKWOOD HOAk.

SEAL.' Geo. H. Williams,

seal. De Grey & Ripon.

seal. Stafford H. Northcote.

SEAL.] Edwd. Thornton.

seal. John A. Macdonald.

SEAL.] , MOUNTAGITE BERNARD.

And whereas the said Treaty has been duly ratified on both ])art8,
and the respective ratifications of the same were exchanged in the city
of London, on the seventeenth day of June, 1871, by Robert C. Sehenck,
Envoy Extraordiuarj- and Minister Pleuipotentiaryof the United States,
and Earl Granville, Her Majesty's Princii)al Secretary of State for For-
eign Affairs, on the part of their respective Governments :

Now, therefore, be it known that I, Ulysses S. Grant, President of
the United States of America, have caused the said Treaty to be made
public, to the end that the same, and every clause and article thereof,
may be observed and fulfilled with good faith by the United States and
the citizens thereof.

In witness whereof, I have liereunto set my hand and caused the
seal of the United States to be aflJxed.
Done at the City of Washington this fourth day of July, in the year
of our Lord one thousand eight hundred and seventy-one, aid
of the Independence of the United States the ninety-sixth.

U. S." Grant.
By the President :

m Hamilton Fish,

&.e netary of State.

[seal.]

CONVENTION

BETWKEN THE

UNITED STATES OF AMERICA AND HIS BRITANNIC MAJI-STY

KE8PECT1XG

FISHERIES, BOUNDARY, AND RESTORATION OF SLAVES,
Concluded at London October 20, 1818;

RATIFICATION ADVISED BY SENATE JANUARY 25, 1810: RATIFIED

BY PRESIDENT JANUARY 28, 1819; RATIFICATIONS

EXCHANGED AT WASHINGTON JANUARY 30,

1819 ; PROCLAIMED JANUARY 30, 1819.

The United States of America aucl His Majesty the King of the
United Kingdom of Great Britain and Ireland, desirous to cement the
good underdtanding which happily subsists betweeu them, have, for
that purpose, named their respective Plenipotentiaries, that is to say :

The President of the United States, on his i)art, Has appointed Albert
Gallatin, their Envoy Extraordinary and Minister Plenipotentiary to
the Court of France, and Kichard Rush, their Envoy Extraordinary and
Minister Plenipotentiary to the Court of His Britannic Majesty; and
His Majesty has appointed the Right Honorable Frederick John Jiobin-
son. Treasurer of His Majesty's Navy and President of the Committee
of Privy Council for Trade and Plantations, and Henry Goulburu, Esq.,
one of His Majesty's Under Secretaries of State ;

Who, after liaving exchanged their respective full powers, found to
be in Clue and proper form, have agreed to and concluded the following
articles :

Article I.

Whereas differences have arisen respecting the liberty claimed by the
United States, for the inhabitants thereof, to take, dry, and cure lish on
certain coasts, bays, harbours, and oreeks of His Britanuivj Majesty's
dominions in America, it is agreed betwcm the high contracting parties
that the inhabitants of the said United, States shall have Ibrever, iu
common with the subjects of His Britannic Majesty, the liberty to take
tish of every kind on that part of the southern coast of Xewfoundland
which extends from Cape Ray to the Rameau Islands, on the western
and northern coast of Newfoundland ; from the said Cape Ray to the
Q.iiiri>on Islands, on the shores of the Magdalen Islands, and also on

37

38

RELATIONS WITH CANADA.

n

the coasts, bays, barbours, and creeks, from Mount Joly, on the south-
ern coast of Labrador, to and through the Streights < f Belleisle, and
thence northwardly indefinitely along the coast, without piejudice, how-
ever, to any of the exclusive rights of the Hudson Bay Company:
And that the American fishermen shall also have liberty forever to dry
and cure fish in any of the unsettled bays, harbours, and creeks of the
southern part of tlie coast of Newfoundland, hereabove described, and
of the coast of Labrador ; but so soon as the same, or any portion
thereof, shall be settled, it shall not be lawful for the said fishermen
to dry or cure fish at such portion so settled without previous agree-
ment for such purpose with the inhabitants, proprietors, or possessors
of the ground. And the United States hereby renounce forever any
liberty heretofore enjoyed or claimed by the inhabitants thereof to take,
dry, or cure fish on or within three muiinc miles of any of the coasts,
bays, creeks, or harbours of His Britannic Majesty's dominions in
-^ merica not included within tlio abovoniLMitioned limits : Provided,
however, that the American fishermen shall !)c admitted to enter such '
bays or harbours for the purpose of shelter and of repairing damages
therein, of purchasing wood, and of obtaining water, and for no other
purpose whatever. But they sliall be under such restrictions as may be
necessary to i)revent their taking, drying, or curing fish therein, or in
any other manner whatever al>using the privileges hereby reserved to
them.

Article IL

It is agreed that a lino drawn from the most northNvestern point of
the Lake of the Woods along the Ibrty-ninth parallel of north latitude,
or if the said point shall not b'i ii: the forty-ninth parallel of north lati-
tude, then that a line drawn from the said point due north or south, as
the case may be, until the said line shall intersect the said i)arallel of
north latitude, and from the point of such intersection due west along
and with the said parallel, sliall be the line of demarcation between the
territories of the United States and those of His Britanni<! Majesty, and
that the, said line shall form the northern boundary of the said terri-
tories of the United States, and t he soutliern boundary of the territories
of His Britannic JMajesty, from the Lake of the Woods to the Stony
Mountains.

Article HL

It is agreed that any country that may be claimed by either party on
the northwest coast of America, westward of the Stony Mountains,
shall, together witii its harbours, bays, and creeks, and the navigation
of all rivers within the same, l)e free and open lor the term of ten years
from tlie dalcof tiie signature of the present convention to the vessels,
citizens, and subjects of the two Powers; it being v/ell understood liiat
this agreement is not to be construed to the prejudice of any elaiu) whieii
either of the two high ccmtracting parties may have to any part of the
tiaid country, nor shall it be taken to affect' the claims of any other
Tower or Stale to any i)art (>f the said country; the only object of the
high contracting i)artiet.. in that resi)ect, being to prevent disputes and
differences amongst themselves.

Article IV.

All the provisions of the convention " to regnlatL the commerce be-
tween tiie territories of the United States and of His IJritannic Maj-

RELATIONS WITH CANADA.

39

esty," concluded at London on the third day of July, in the yeai' of our
Lord one thousand eight hundred and fifteen, with tlie exception of the
clause which limited its duration to four years, and excepting also, so
far as the same was affected by the declaration of His Majesty respect-
ing the island of St. Helena, are hereby extended and continued in
force for the term of ten years from the date of the signature of the
present convention, in the same manner as if all the provisions of the
said convention were herein specially recited.

Article V.

Whereas it ..as agreed by the first article of the treaty of Ghent
that "all territory, places, and possessions whatsoever taken by either
party from the other during the war, or which may be taken after the
signing of this treaty, excepting only the islands hereinafter mentioned,
shall be restored without dehiy, and witliont causing any destruction,
or carrying away any of the artillery or other public pro[»eity originally
captured in the said forts or places, which shall remain therein upon the
exchange of the ratifications of this treaty, or any shives, or other i)ri-
vate property;" and wliereas under the aforesaid article tiie United
States claim fo" their citizens, and as their private property, the resti-
tution of or full compensation for all slaves who, at tlie date of the
exchange of the ratiiications of the said treaty, were in any territory,
places, or possessions wliatsoever, directetl by the said treaty to be
restore<l to the United States, but then still occaipied by the British
forces, whether su(;h slaves were, at the date aforesaid, on shoic, or on
board any British vessel lying in waters within the territory or jurisdic-
tion of the United States ; and whereas <liflerences have arisen whether,
by tlie true intent and meaning of tiie jiforesald article of the treaty of
Ghert, the United States are entitled to the restitution of or lull com-
pensation for all or any slaves as above described, the high contracting
])arrie8 hereby agree to refer the said ditferen^es to some friendly sov-
ereign or State, to be named for that purpose; and the high contract-
ing parties further engage to consider the decision of such friendly
sovereign or State to be final and conclusive on all the matters r^'ferred.

Article VI.

This <'.onvcntion, when the same shsill have been duly ratified by the
I'lesident of the Unite<l States, by an<l with the advice and consent of
their Senate, and by his Uritannic JMajesty iind the rt>si»ective ratitlca-
tions mutually exchanged, shall be bimling and obligatory on tln^ said
United States and on His Majef-ty ; ami the ratifications shall bo ex-
changed in six months from tliis date, <n' sooner if possible.

In witness whereof the respective Plenipotentiaries have signed the
same, and have tliereunto affixed the seal of their arms.

Done at London this t\venti(>lli day of 0(;tober, in the year of our
Lord one thousand eight hundred and eighteen.

AiniGUT (Jalla'I'in.
KioirAHD IJusir.
1<'RKT)EHI0K John TJouinson.
Henry Goulbuen.

L.

8.'

J-.

8."

L.

S.'

L.

8.

[Generai. nature— -Xo. 46.]

AN ACT to cany into olVect the provisions of the treaty between the United States
and Great Britain tiigued in the city of Washington the eightli day of May, eighteen
hundred and seventy-one, relating to the iisheries.

Be it enacted by the Senate ami House of Repi^esentatives of the United
States of America in Congress assembled, That whenevei the President of
the United States shall receive satisfactory evidence that the Imperial
Parliament of Great Britain, the Parliament of Canada, and the legisla-
ture of Prince Edward's Island have passed laws on their part to give
full effect to the provisions of the ti-eaty between the United States and
Great Britain signed at the city of Washington on the eighth day of
May, eighteen hundred and seventy-one, as contained in articles eight-
eenth to twenty-fifth, inclusive, and article thirtieth of said treaty, he
is herelv authorized to issue his proclamation declaring that hehas such
evidence, and thereupon, from the date of such proclamation, and ' lon^
as the said articles eighteenth to twenty-fifth, inclusive, •niC icle
thirtieth of siaid treaty shall remain in force, according to the terms and
conditions of article thirty-third of said treaty, all llsh-oil and fish of all
kinds, (exce])t fish of the inland lakes and <i)f tiierivcrsfalliug into them,
and except fish i)reserved in oil,) being the produce of the fisheries of
the Dominion of Canada or of Prince Edward's Island, shall bo ad-
mitted into the United States free of duty.

Sec. 2. L'hat whenever the colony of Newfoundland shall give its con-
sent to the ai)])li(;ation of the stipulations and ]U'ovisions of th. .said arti-
cleseighteenth to twenty-fifth of said treaty, inclusive, tothatcolony, and
the legislature thereof, and the Imperial Parliament shall i)ass the nec-
essary laws for that purpose, th«^ above emimeiated articles, being the
produce of the tisheriesof the colony of Xewfoundland, shall be admitted
into the United States free of duty, from and after the date of a prochi-
matiou by the President of the United States, declaring that lie has
satisfactory evidence that the said colony of ISewlouudland has consentc'l
in a due and ju-opor nmnner, to have the provisions of the safd articleg'
eighteenth to tv.enly-fitth, inclusive, of the said treaty extended to ic,
and to allow the Unit(*<l States the lull l>ene(its of nil the stipulations
therein contained, ami .shall be so admitted free of duty, so long as the
said articles eighteenth to twenty-fifth, inclusive, and article thirtieth,
of said treaty, shall remain in force, according to the terms .ind con-
ditions of article thirty-third of said treaty.

Sec. 3. That from the date of the President's proclamation author-
ized by the first section of this act, and so long as the articles eighteenth
to twenty-fifth, inclusive, and aitiele thirtieth, <•! saul treaty, shall re-
nuiin in force, according to the terms and conditions of article thirfy-
third of said treaty, all goods, wares, or merchandise^ arriving at tlw
jmrts of New York, l>ostf)n, and INntland, and any other ports in V\c
United States which have been, or nuiy fron> time to tin»e be, specially
desigmited by the President of the United Stales and destined for Her
Britannic Miijesty's possessions in North Ameiica, imiy be entered at
the proper customlKMise aiul conveyed in transit, without the payment
40

Rp:LA'nONS WITH CANADA.

41

of dntio*, tiiron^l'. tlio territory of tbo United States, under such rules^
regulations, and conditioiiis lor the })rotection of the revenue as the Seo-
letary of the Treasui-y may from time to tmie prescribe ; and, under like
rules, regulations, and conditions, goods, wares, or men.handise may be
conveyed in transit, without the payment of duties, from such posses-
sions, through the territo-ry of the United States, for export from the
said ports of the United States.

Sec. 4. That from the date of the President's proclamation, authorized
by the first section of this act, and so long as articles eighteenth to
twenty-tifth, inclusive, and article thirtieth, of said treaty, shall remain
in force, according to the terms and conditions of article thirty-third of
said treaty, all subjects of Her Britannic Majesty may carry in British
vessels, without payment of duty, goods, wares, or mercbaudise from
one port or place v^ithiu the territory of the United States, upon the
Saint Lawrence, the g^-eat lakes, and the rivers <^0MK5Cting the same, to
another port or place \. ithin the territory of the Linited States, as afore-
said: Provided, That a portion of such transpoitafion is made through
the Dominion of Canada by land carriage and m bond, under such rules
and regulations as may be agreed upon l>etweeu the government of Her
Britannic Majesty and the government of the United States : And pro-
vided further, That the President of the United States may, by procla-
mation, suspend the right of carrying provided for by this section, 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 ou
terms of equality with the inhabitants of the Dominion, as provided in
article twenty-seven of said treaty: And provided further, That in case
any export or other duty continues to be levied after the sixteenth day
of June, eighteen hundred and seventy-two, on lumlH^r or timl)er of any
kind cut ou that portion of the American territory, in the State of Maine,
uatered by the river Saint John and its tributaries, and floated down
that river to the sea, when the same is shipped to the United States from
the province of New Brunswick, that then, and in that case, the Presi-
dent of the United States may, by proclamation, suspend all rights of
carrying provided for by this section for such i>eriod as such export or
other duty may be levied.

Sec. 5. That this act shall not take effect until the first day of July,
eighteen hundred and seventy-three, and shall not apply to any article
of merchandise therein mentioned which shall be held in bond on that
day by the customs officers of the United States.

Ai)i)roved, March 1, 1873.

[Public Resolution— No 20.] '

JOINT RESOLUTION providing for (he leruiination of articles numbered oij^litoen
to twout.y-'jve, inclusive, and article unuibertui thirty of the treaty between th«»
United States of America and IIi;r Britannic Majesty, concluded at Washingtou,
May eighth, eighteen hundred and seventy-one.

Resolved by the Senate and Houm of Representativea of the United States
■of A merica in Congress assembled, That in the judgdleut of Congress the
provisions of articles m*tnbered eighteen to twenty-five, inclusive, and
of article thirty of the treaty between the United States and Her Bri
tannic Majesty, for an amicable settlement of all causes of difference
between the two countries, concluded at Washingtou on the eighth day
of May, anno Domini eighteen hundred and seventy-one, ought to be
terminated at the earliest possible time, and be no longer in force ; and
to this end the i resident be, and he hereby is, diretjted to give notice
to the Government of Her Br/tannic Majesty that the provisions of each
and every of the articles aforesaid will terminate and be of no force ou
the expiration of two years next after the time of giving such notice.

Sec. 2. That the "resident be, and he hereby is, directed to give and
communicate to the Government of i'er Britannic Majesty such notice
of such termination on the first day of July, anno Domini eighteen hun-
dred ami eighty-three, or as soon thereafter as may be.

Sec. ;5. That ou and after the expiration of the two years' time re-
quired by said treaty, oacli and every of saul articles shall be d(M>med
and hold to have exi>ired and be of no force and ettect, and that every
department of the Government of the United Stati'S shall exectite the
laws of the United States (in the premises,) in the same manner and to
the same effect as if said articles liad never been in force; and the act
of Congress ai>proved March first, anno Domini eighteen hundred and
seventy-three, entitled "An act to carry into efi'ect tlie provisions of the
treaty between the United States and Great Britain, signed in the city
of NN'ashington tlie eigiith day of May, eighteen hundre<l and seventy-
one, relating to tho fisheries," so far as it relates to the articles of said
treaty so to bo terminated shall be and stand repealed and be of no
force on and after the time of the expiration of said two years.

Approved, March .1, lb83.

42

[Public— Xd. 125.]

AN ACT to autborize tlio President ot the United States to protect and defend tho
lijihtB of American lisliing vessels, American fishermen, American trading and
other vessels, in certain ciises, and for other pniposes.

Be it enacted by the Senate and Homo of Representatives of the United
States of America in Congress assembled, That whenever the Presideut
of the IJuited States shall be satistied that American lishing vessels or
American flshenuen, visitiiij?or being in tiie waters or at any ports or
])lace8 of the British dominions of North America, are or then lately
have been denied or abridged in the enjoyment of any rights st-jured
to them by treaty or law, or are or then lately have unjustly vexed or
harassed in the enjoyment of such rights, or subjected to unreasonable
restrictions, regulations, or requirements in respect of such rights ; or
otherwise unjustly vexed or harassed in said waters, ports, or places; or
whenever the President of the United States shall be satislieil that any
sach fishing vessels or fishermen, having a permit under the laws of the
United States to touch and trade at any port or ports, place or [>laces,
in the British dominions of Il^orth America, are or then lately have been
(1('!>)<m1 the privilege of "utering such port or ports, place or places, in
the same maiimu' and under the same regulations as may exist therein
applicable to trading vessels of the most favored nation, or shall be un-
justly vexed or harassed in respect thereof, or otherwise bo unjustly
vex<Hl or harassed therein, or jshall be prevented from purchasing such
Rtipplies as r.niy there be lawfully sold to trading vessels of the most;
favored nation ; or whenever the President of the United States shall
be satisfied that any other vessels of the ITnited States, their masters
or crews, so arriving at or being in such r»ritish waters or ports or
|)lace8 of the P)ritish dominions of North America, are or then lately
liave bei'u denied any of the privileges therein accorded lothe vessels,
their niasters or crews, of the most favored nation, or unjustly vexed or
harassed in respect of t he sanu', or unjustly vexed or harassed therein by
llie authorities there(»f, then, audio either or all of such cases, it shall be
l;iwlul, ami it shall be the duty of the President of the United States, in
lii.s discretion, by proclamation to thatetiect, to deiiy vessels, their nias-
tcis and crews, of the IW'itish dominions of North America, any e)itran<!e
into the waters, pcnts, or jilaces of, or within \\n) United States (with
such exceptions in regard to vessels in distress, stress of weather, or
needing sujiplies as to the President shall «eem i)ro|ter), wheth(>r such
vessels shall have come directly from saiil dominions on su<th «lestined
voyage or by way of some port or place in such destined voyage else-
N^here; and also, to deny entry into any i)ort or \Ai\^•^^ of tiin United
»S!;,'.tes of fresh fish or salt fish or any other i)roduct of naid dominions,
or cthei- gootls coming from said dominions to the United States. The
President may, in his discretion, apply such proclamation to any part
or t( all of the foregoingnameil subjects, and may revoke, qualify, limit,
and renew such i)n)claimition from time to time as he nniy deem n<ice«-
siirv- to the lull and just execurnui of the i»ui'poses of this aci^. Kvory
violation of any such pioclaniation, or any part thereof, is hereby do-

4;i

i<

44

RELATIONS WITH CANADA.

may now be enforced and proceUa nn^^ '"^^'

violate any of the provisions of tl. I L/^"^ . ^'^ ^'f^^^ ^''o «I'al!

President'madein IZ^^ V^l £1,^ /Tee^^ni^tv o^ f '''
demeauor,and,on conviction tbereo; shall be iSefw^^^ """
exceeding one thousand dollars, or by im risonmen fnr ^^^^^^ '! ^'-"
ceeding two years, or by both said ,lSS:Xai:^ZZ ^^^

Approved, March 3, 186/.

thill the

I procla-
Lire oil al!
the 8;uiio
^mihg to
7 to law
'ho shall

II of tlie
>f a luis-

fine jiot
I not ex-
311 of the