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Fa^on d 1 2 3 32X 1 2 3 4 5 6 h (^r-fcru \'MiY^^ ~y FURTHER CORRESPONDENCE WITH THE GOVERNMENTS OF CANADA, PfllNCE EDWARD ISLAND, AND NEWFOUNDIAND, REBpEcrnia the TREATY OF WASHINGTON AND CANADIAN PACIFIC RAILWAY. In Cantmmtton of Papers presented Marc/t, 1873 [C— 702] "^ttBrnWH to hoifi Wiowitfi of Vatliammt is aromman) nf IDec JOaicsts, 1st MAY, 1873. ;: LONDON: FRINTED BY WILLIAM CLOWES & SONS, STAMFORD STREET & CHARING CROSS. FOR HER ILUESTTS STATIONERY OFFICE. [C— 760.] Price Sid. 1873. yK<.' '■'■ ":;it!^;!.^'<.''niii/) wa^yx? I \ t ", i ■ ^ .'■ .; n ' ' I ^' ' ' '■' ' / ^ ■■};;/ n' < / ;/ ♦ ; < , !' , (' 'tl '•:.■:'■■ -!, ', • ,.;f:f j'i"\di ■;• i/<'{:"A..'--: ■;Vi^:iUM :r!i: :■ ''( J.^tU • 1)' !^ 'vv 'V . i .•! ' V Il^l ( i« y SCHEDULE. CANADA. Nuralxr in fttm triwni. auiuEcr. The Earl Dufftfrin The Earl Dufferin of of n Feb. 1873 27 Feb. 1873 I Enoloain^ Um Charter IMmwmI onder the Great Soal of ttie Dominiob of CalUUa incorporating the " Canadian Pacific Radway Company ------ Encloaing Mintlte of Council recording the latiafaotion of the Canadian Qovernmeut with the arranevn\ontii made by Her Majeaty'a (fUTemment in roapcct vt tku Imiterial Uuarantec^. fur the loank in connection with tb« " Intercolonial Railway " and the " Canadian I'acifio Railway* _____«-.- Paf*. lit The Earl of Doflferin 4 Mar. 18T" Forwurding Rf.poit of (.'ounoil recommending that Amo- I tican voatola ahuuld not be prevented (mm fivbing | within Cimadian watem before the Act of Congrena I giving olTvct to thu Treaty of Watihingtun cumoH into I force ou the Ut July next - - - - - 13 PRINCE EDWAllU ISLAND. 4 LiWJt.-Oovor- nor Robin- son .") Lieut.- Gover- nor Robin- , Bon i (5 Lieut. -Gover- nor Robin- son 7 To Lieut. Go- vernor Ro- binson 30 June, 1872 ' Telegraphic— "Treaty BtH pdiwed both br««r<*M UtrtJont Lieut Gover- nor Robinson amendiuuut, and was assented tu by mo yesterday " 12 July, 1872 27 July, 1872 7 Mar. 1873 2 April 1873 14 Forwarding copy of Act relating to tin; Treaty of Wash- ington. Stilting that the a\ithi.nticuted tiunKcript with the AttomoyGeneral's Report will bo forwaidtd .luxt n-,ail ---------14 Forwarding authenticated transcript of " An .\ct relating to the Treaty of Washington," together with the Law Officer's summary -------15 Acquainting him that a Telegram had been received at | the Foreign Office from Sir Fdward Thornton reporting i that the Canadian Fisheries Hill had been passed by Congro.'-s witli the condition tliat it shall not come into | force until the 1st of July next - - - - - I L"* The Canadian Government do nut propose to exclude American fishermen from tho waters of Canada in the meantime. Enquiry whether I'rinco Edward Island will adopt tho same couiso - - - - - . 10 In reply to the above - - - - - -.-jlO . i ' ! / To Governor Hill 1 Governor Hill 1 1 Governor Hill 13 Aug. 1872 28 Aug. 1872 Feb. 1873 NEWFOUNDLAND. Transmitting Act to carry into ofTect the Treaty with the United States signed at Wushington on the 8th May, 1871 --------- In reply to the above, and remarking thereon, and with respect to the time at which it will be possible to bring before the Legislature the question of the exten>ion to Newfoundland of the Articles of the Treaty of Wash- ington --------- Enclosing Extract from Speech on this day opening tho Newfoundland Legislature, having reference to the Articles of the Treaty of Washington- _ _ - >■ . >(.■ 10 A^ fi, IT SCHEDULE. in rraawhoa. OM. BUBJICT. Pac*. 12 13 14 15 To OoTcrnor" Ililt Admiralty • To Admiralty QoTemor Hill 7 Mar. 1873 10 Mar. 1873 10 Mar. 1873 31 Mar. 1873 Aoqaainting him that a Toloeram had been rroeived at the Foreign Office from Sir Edward Thornton reporting that the Canadian Fiihorioa Rill YM been paaned by OongroM with the oundition that it ihall not oome into force nntil the Ut July next - _ - - _ The Canadian 'Jovemment do not pmnone to exolnde American fiahormen from the watem nl (Canada in the meantime. Enquiry whether Newfoundland will adopt the name counie _______ Enquiring whether any change in contemplated in cuniie- quence of the action of the American Congreas, in the Initruotiona to the Captains and Commandinf; Officers of Her MajpHty'H Shipg to be cmnloywl in tho pruteotion of the flsherioM on the c 20 APPENDIX. United States Aot to carry into effect the provisions of tho Treaty between the United States and Oreat Britain aigned in the City of Waahiagton tho 8th day of May, 1871, relating to the FialMrieH 3 18 10 10 li> do not pro- | B territorial ; i8on - - 20 FURTHER CORRESPONDENCE WITH THK GOVERNMENTS OF CANADA, PRINCE EDWARD ISLAND, AND NEWFOUNDLAND, RESPECTI\(i THE TREATY OF WASHINGTON. CANADA. No. 1. The Eari, op Duiikuin to tlio Eaiu, of KninEUt.KV.— (Recoived Mar i $, 1873.) My Lord, Ottawa, 13th February, 1873. I havt' tlie lionour to (Miclose six printed copies of the Charter jwssed under tlie Great Seal of the Dominion of Canada on the 5th Instant, incoriwratinjj "The Canadian Pacific Ilaihvay Company." I liave, &c., DUFFERIN. The Kight Hon. the Va\v\ of Kimberley, &c. See. S:r. Inclosure in No. 1. VICTORIA, by the GR.Afi; of Gon, of the U.mtkd Kixgdom of Great Britain- and Ireland, QUEEN, Defender of the Faith, &c., &c„ iSrc. To all to whom these presents shall come GREETING ; WHEREAS, by an Act of the Parliament of Canada, passed in the thirty-fifth year of Our Reign, entitled " An Act respecting the Canadian Pacific Railway,'* it is provided, upon the considerations therein declared, that a railway, to be called " The Canadian Pacific Railway," should be made, in conformity with the agreement referred to in the preamble to the said Act, and should extend from some point on or near Lake Nipissing and on the south shore thereof, to some point on the shore of the Pacific Ocean ; both the said points to be determined by the Governor in Council, and the course and line of the said railway between the said points to be subject to the approval of the Governor in Council : I) A1 .V=J> A 'J ' I .( H\ •J!' 2 FI'TnUKIf rrHMMiSI'ONMUA'CK WITH TIIK (iON'KHNMKNTS Ol' Am' "iiHiK.\s. if i>i. liy tlir said Act, fiirtlwr |ir()viilcaii\, and havini;' a ^ullscrilJed capital of at least ten million dollars, secured t4) the satisfuction of the (lovcrnor in Council, and ready to enter into sueli agreement witli tlie (Jovernmoiit fcu-the construc- tion and runuiii}; of the said railway, the (lovj-riior sliouM liave power, upon the couditioiis in the said Act mentioned, to j^rant to sudi persons, and those who should lie associated witli them in tlie undertakiii!::, a Charter einhodyins:; the aiireenient made with such p<'rsoiis ^vllicll should h<' biudiii;; on the Company and so mudi oi" the said Act, and of the railway Act (as such railway Act was modilied hy any Act of the now last Session. with reference to any railway to he constructed under such Act on any of tlie lines or hetwcen any ol'tlie points UK^ntioncd in tlie said Act now in recital) as should be a;;reed upon hetwcen the fiov(>riiment and sucli Company: and that such charter beiiii;' luihlished in the Coimii'it (limlir. w ifh any order or orders in Council relatinj; to it, should, in so far as it is not inconsistent with the said recited Act. Jiave force ami ell'ecl a. ii it were an Act of the Parliament of ('aiiada : Ami wiikhkaw, the (Government has failed lo induce the two CoiiipaniesiiicoriHirated hy Parliament during its last S(>;sion for the jiurjiose of constructiiiu, the railway, to ftirm one Company, and does not deem it advi>aljle to au;ree with either of the said two Companies for the construction of the railway, and is of ojiinion tliat it will ho more advantageous lor tlie Dominion, and will better tuisuro the attainment of the purposes of the Act first above mentioned, that a comjiauy shall ho incorpor.ited by charter as ill such Act jirovided : Am> whkukas, Sir Hugh Allan, of the city of Montreal, Knight: The Honourable Adams George Archibald, of the city of Halifax, C.M.(i,, a member of the Qiici'iis Privy Council for Canada: Tlie Honourable . Joseph Octave Boaubien, of Montmagny, Commissioner of Crown Lands in the Province of Quebec; .lean Ba))tiste Reaudry, of the city of Montreal, Esquire; Egerton Uyerson Uurpce, of the city of Saint John, Esquire; Erodcric William Cumberland, of tlie city of Tcn'onto, Es(iuire; Saiidford Fleming, of tiic city of Ottawa, Esquire ; Hohcit Newton I lall, of the town ol' :^lierbrooke, Escjuire; The Honourable .lolui Sebastian Helmckcii,of the city of Victoria ; .\ndrew McDermot, of the town of \Vinnipeg, Esquire; Donald Mclnnes, of the city ol' Hamil- ton, Esquire; Walter Shanly, at present of the town of North Adams, in the United States of America, Esquire ; and John Walker, of the city of London, in the Province of Ontario, Esquire, have shown themselves to be able and willing to form such Com- pany I'or the construction and working of the railway and branches; and have subscribed a capital sum often million dollars, secured to the satisfaction of the Governor in Council, and have so subscribed the same in the proportions following, that is to say : §3,84(1,000. or nearly live-thirteenths, m the Province of Ontario ; §;!,fl7(!,800, or nearly four-thir- teenths, in the Province of Quebec ; and s7r,i),,30O, or upwards of one-thirteenth, in each of the Provinces of Nova Scotia, New Brunswick, Manitoba and British Columbia, re- spt?ctively ; »nd are ready to enter into an agreement with the Government for the constructipn jiud working of the railway and branches ; and the Government has agreed with the said persons for the construction and working of the railway and branches : An'D whekkas, the agreement so ujacjc «fpd entered into between the said jiersons and the Government, is embodied in this Our Royal Charter : Now I'lfKUKFORE KxoAV YK, that W(? of Our Special grace, ccrta,in knowledge and mcn^ IKXTS OF ir (idvcniincnf of II li.ivc iiLirrnl for ami work ill;: of a lull' llll'llliolK-il, to U'tiiiii and vvtirkiiit; lirs! iin'iitioiicd, tliat I'riis inn- :iiii| \ tin- (ii)V( riuir ill I'nl for, Ix' liclil til 1)1' I'll' I ''inailliiii •t iimvidcd, that if •oiistnictidii dl' (lie tlial |iiiri)()-", or if (v, with any such ■ay under the said (• adviinta^ciMis tor its ol' till' said Act, idcd, tli'Jii if tin re iivini; a siihscriljcd d' llu- (iovcrnor in lit for the coiistnic- ipon tlic conditions lould lie associated t made witli such ic saiil Act, and of 11! now last Session, my of the lines or is shouhl he ay;reed 'tcr beiiii;' luililishcd to it, should, in so eH'cct a. il' it were panics incori)orated xvj; tlif railway, to icr of the said two Kit it will ho more cnt of the purposes ated hy cliurter as :: The Iloiiourahle bcr of the Queen's en, of Montnnagity, ii])tiste Beaudry, id' ity of Saint John. Ks(iniro; Sandford own of .'^Iierhrooke, Victoria: Andrew the city of II ami 1- ams, ill the United m, in the Province to I'orm such Com- ind have subscribed ovcrnor in Council, to say : $3,84(1,000. [)r nearly ibur-thir- -thirtceiith, in each itish Columbia, re- fovernment for the n-nment has agreed and branches : he said persons and lowledge and mere l> \l\ IMMNCK i;i»WAIM) ISI.AN'I), i \S\\)\ AM) \KNVM»rNM»l..\\I>. i ...ii.,.i_> < so,s may and shall have a common M-al.and nia> chan«.' and alter ihesinu' at ih.ir will and pleasiirc; and alv. that thcv and their succcsm.in, I.\ the name of •• 'Hie Canadian Tacific Wailwuy t'omi>aiiy,' ^hall he in law capable of takin-. pur.'hasing. and hcddin- to them and their suecesM)is, any estate, real, p.'rsonal, or mixed, to and for thi- um' id t!:e Company, anil of st IIIiir, conveying. leasin;,; or uthcrwise dejiartin',: therewith, for the Scncfit and on tlie account of the Company, from time to lime, as they sliall dee benefit and on tjie account of the Company, from time to lime, as they slia'll deer i.\i)edienl or necc-sary, subject to the provisions, restrictions nml limitatioiis hercinuftc cuiituiiied. SIO( K. •J. Ami \\ i; imi himhii; ui;i.Ais wn in ci.ahi, that the capital stock e (ircsents, to vciiiain in his hands until otherwise ordered by Parliament. And the intcri'st received by the lvki{nmi:nts (if RAinVAV. ft. Thnt the ComiMiiiy may ami Hliall lay out, construct, «>4ui|), iiiaiiitniii, and work a mntinuoiis railway, of the width or K.kUu'ir of four feet ci^tht and oiu--huif inchcii, which railway Nhall )><■ uiailc in conformity with the Act hereinlM loru recited, and with thJM Our Koyal (Ihartrr; and ^ucli railway shall extiuid from some |Miint on or near liJike NipiHsin^, and on the south shore thereof, to wime |N(int on the Nhore of the Pacific Uci-an, huth the said |K)intH ti» l)u determined liy the (lovcrnment, and the eourne luid luic of the said railway lietwccn tiie suid |M(ints to Im; subject to the approval of the Ciovernment. li. That the Company may and shall lay out, ci)n-oint on the line bctwten that Province and the United States of America, the said points and the courses and lines ttf the said hranchea between the said |)ointsto be determined by the (iovernment ; the said branches to be of the gauge aforesaid; and such branch lines of railway shall form part of the railway in the last preceding clause mentioned, and portions of T/u: Cniiadiun i'ncij'v Iinllirni/. 7. The railway shall In; divided into sections, as lollows : — (1.) Thk Eahtkkn riKcrios'. — Kxtending from the Knstern Terminus to Red River. (2.) Thk Lakk Superior Skction. — Extending from some point on the Tastcrn Section to Lake Superior. (;}.) Thk Central Section'. — Extending from Red River to a point in the longitude of Fort Edmonton. (4.) The Manitoba Section. — Extending from the main line; in the Province of Manitol)a to the I5oun;reed upon l,.iunii tl,, i;.)vermmiii and lli. fomiwuiy. or in raM- ol lai uie to aKice, as sJullLu delenniiievi l.v liiric Knunuvrs »il,.inl a. hireiiilH :ori- provided. II. That the Covernim-nt nviy. from time t) lime. ap|Miiiit «ii,li persons as it n av think pn>|.er to examine, iiisimt and re|Kirl ujioii the omstruetion and cimpmnit of lli'e railway, lor the purpose of eiHuriii.; the l.iilhlul |Krlorm.uur of tiie a^rrmiieiit Intwe. ii the (lovenimeiil and the t'oiiipaii\ . and tin ..i.scrsaiieu of all tlir proviMons of this I'harter. \'2. 'I'hat the Company mav nnd >liall eoiistruel, inanilaiii aii.l w,rk a eontiunon. tele^rraph hue throii-lmut and aloii- tin' whole line of the railwav. sn( h leh-raph line b«'iii- lecjiiirid lor the juoper wt)rkiug of the railwa\. and lorniiiij; a iimiiKiry ap|M'nda};e I hereto. ' l.'l. Thai till- C!oinpaiiy shall from time to time furnish such report* of the p|•o^;rl^s of the work, with such details and jdaiis of the work as the (iovemnieiit may rcijuire I. AM) til;.\NT. 1 1. That to M'ciire the constniclion of the main lino of railway, and in consideiatioii thi'i-eof there is here' i\ appropriated a i;rant to the Company ol" lilly millnni acres of land, wiiich lami, with the exceptions hereinafter ineutione.l. the Cmnpaiu sliall Im' entitled to demand and receive in the Provinces of Manitoba and r.ritish'c.dnnil.ia, and in thi' North-West Territories, in blocks not exceediiij; twenty miles in depth on each side of such main line and not less than six nor more than iwvUv niihs in widtli. alternating,' with blocks of like depth and width on each side thereof, revrved by the Uovernmeiit. That to secure the construction of the branch lines, and in consideration thereof, the Company shall he entitled to demand and rcicive fiwmi t'le (Jovernmeiil in the North- AVest Territories, a land j,'rant in aid of tin; brandi line to I,;iki Superi(M\ of twenty- live thousand acres per mile; and a land jj;rant in aid of the in.iucli line in Manitoba, of twenty tliousaiid acres per mile. That the land to be granted in ai of the main line, which shall not hi comprised within the alternate blocks hereinhclbre i,ientio:'ed, or be within the I'rovinci' of Ontario, shall be allotted to the Company in alternate blocks on each sdc of a <'oinnion I'roril line or line-, in like niamu'r as the blocks '.^ranted and reserved alon;; tbi' line id' the railway. And the land grant wiiicii the (iovermneiit may bi cnalili'ii to make to the I'onipanyfor the i)urposcs aforesaid, under any ariMiimement with the Government of the Province of Ontario, shall be received liy the Company as part of the said land grant in aid of the main line. But no land grant shall iiulude any land then beliore granted to aii\ other party, ly on which any other party has any lawful claim of pre-emption or otherwi'^e, or any land reserved for school or other public jiurposes, or any lanil reserved, or to be reserved under agreement with the Hudson's Bay Company, and the deficiency arising Irom the rxcejHion of any such lands shall be made good to the Company by tlie grant of au equal extent from other wild and ungranted Dominion lands. That if it shall be found that any of the alternate blocks laid out along the line ol the railway are unfit for settlement, the Company shall not be bound to receive from the Government any greater depth of land in such blocks than one mile, computed from the railway. That the lands to be granted in aid of the main line of railway from out of the lands of the Dominion, and the lands to be granted in aid of the said branches shall consist of such land as shall be found east of the Kocky Mountains between parallels forty-nine and fifty-seven of north latitude and the Company shall iH)t ; bound to receive any lands which are not of the fair average quality of the land in the sections of country best adapted for settlement lying withia those limits ; and the same shall be hiid out, as nearly as may be, contiguous to the lands granted along the main line ol' the railway, and to the Lake Superior branch. The Company shall also have a right of way for the railway through Dominion lands. The lands hereby appropriated to the Company shall be granted from time to time, at intervals of six months, as any portion of the railway is proceedc ' with, in quantities r'"'' «J FlRTilKIt (•(mUKSI'OXDHXn-; WITJI THK (;OVKI{N.Mi;\TS (M- pro|M)rtionat(' to tht; h-ii^rtli, difliculty of coiistrurlioii and t'xponditurc upon such iwrtimi, to be determined in such manner as hereafter is provided. I '). That the price at whicli the alternate bloeivs of land retained in the (rovcnimtiit shall Ik; sold by the (Government, shall be from time to time fuljusfed by agreement between the (i. That the subdiviy'on of blocks of land granted to the; ('ompany sliall In* made in lonlbrmity with the system of survey jirescribed by the Dominion l^nds Act and any amendment thereof; and shall Ik; matle by tlu; (-'omyjany. and be subject to the inspec- tion and ajijjroval of the Surveyor-(ieneral of Dominion lands. Ik That the time to time fixed by by-law of the Company. IV. After payment of the expenses of the trust, to invest alt moneys received by them as Trustees in the securities of tlie Government of Canada, or of any of its Provinces, or ik INTS OK )0M such iwitioii, the (rovcrmnciit ed hy agreonunt al is Ibimd to lie itiy But unless '. or shall othr;- ars I'rom the date (' ol" not loss than however, subject shall be made in nnds Act and any I'ct to the inspec- tlie lands lierein dollars, is liei'diy it, intervals ol' one in to the length, to bo ascertained e grants ol' land. ' the survey made ic thou>and eiglil ight hundred and ining the best line i'rom the Govcrii- ny Corporation, a ler, at such time.-., ly be agreed upon to consist of throe hat is to say : one Joardol' Directors, n such manner as )ard by the choice e Company in tlie ;y oi' any member upon the death ol' Dice ol' a person to ;' Directors, or the seat is to be filled inner aforesaid. 1 follows : — la such portion or by, and payable to or rents of such be sold or leased be granted to the cipality or other money as shall be s received by them af its Provinces, or ihS PIUXCK HDWARII ISLAND. <'\.\ AP'.. AND NKWl-'OKNULAXl.. 7 ?f f]"', V'''''''l ^'""''°"; "/■ '■'•^''»t »"tain and Inland, or of anv of the („I„ni,^ of the Lmted Km-, on., or of the linfish PosM^sion> in India, or .If the I'nit.-,! .r and other powers in tlij premises, as may be conferred uj)on them by any by-law of the Compan> approved by the Ciovcrnnient. But -.o such bydaw shall be contrary to, or inconsistent with, the provisions of this eliarter. 2.'). That a ma,j(!rit\ of the Board of Trustees may lawfully e.-cercise the powei-s of the Board, and the aciioii of such majority shall be held to be the action of the ]*jMix But none of tin- powers hereby vested in the ('ompany or in the Board of Tni.stees or the majority of them, shall be acted upon contrary to or inconsistent with the provisions of any agreement which shall be duly entered into by the Company or the Board of Trustees, or by both, with any jicrson or persons who may agree to become holders of the bonds of the ('ompany. And any agreement, resolution, or proceeding made or taken contrary to, or inconsistent with, such agreement, to the detriment of such bond- holders, shall be alwoUitely null and void in law, and shall have no force or etlect whatever. I. AMI MA.NAflKMKN'T. 20. That the Board of Directors may, from time to time, appoint Commissioners or Agents for the management and disposal of tlie lands of the Company, with such jiowers and duties as shall be provided by the by-laws of the Company. 27. That the Company shall render to the Board of Trustees yearly accounts of all sales, leases or other disposition of lands ; and shall from time to timi? pay over to the Board of Trustees the net proceeds thereof, after deduction of the cost of management and sale, such «!Ost not to exceed ten per centum of the gross proceeds. I'OWKR? OF eOMI'AVy. 28, That tlie Comiiany sliall. from time to time, cause the names ol' the several parties interested in the stock of the Company, and the amount of interest therein of such parties respectively, to be entered in a book to be called ' The Stock licgister, " and may in like manner cause the names and interest of the bondholders to be recorded from time to time in a book to be called ''The Bond Register"; and duplicates of all registers of stock and bonds of the Company, and of the holders thereof, kept at the principal office of the Company in Canada may be transmitted to and kept by the agent for the time being of the Company in London. 2fl. That the Company may pay to the shareholders interest on the amount of their paid up capital at the rate of five per centum per annum, during the construction of the railway and works. .30. That the Company shall have power and authority to become parties to promis- sory notes and bills of exchange for sums not less than one hundred dollars; and all irRTTTFI? ('Orn?!;.-:POXI)i;N'rK with TffK (i(>VKl{\MKXT>? OF a sucli promissory iinton mn. ie a quorum for the transaction of business), shall be Provisional Directors of the Comi)any, and shal' have power and authority to elect a President and Vice-Pre- sident from among their number, to appoint a Secretary, Treasurer, and other olRcers, to call a general meeting of Shareholders for the election of Directors, as hereinafter provided, and generally to do such other acts as shall be necessary for the conduct and management of the said undertaking, and for finally procuring the election of a Board of Directors by the shareholders. 3.'). That the Provisional Directors shall hold office until the election of their successors ; and shall call a meeting of the shareholders, to be held on such day, as hereinbei'ore jirovided for, and at such place in the city of Ottawa as they shall decide, giving due notice thereof to each shareholder; at which general meeting the shareholders present, either in person or by proxy, shall elect thirteen Directors, who shall constitute the Board, and shall hold office until others are elected in their stead ; and if any vacancy shall occur by the death, resignation, mental incapacity, insolvency, or disqualification from want of stock of any Director, the \'acancy shall be filled for the residue of the current year of office by the Board of Directors. :!(). That the Directors be thirteen in number, of whom seven shall be a quorum, and jjrovided such quorum be present, any absent Director may be represented and vote by another Director as his proxy ; but no Director shall hold more than one proxy. And the Directors shall retire ill the following order, that is to say: four at the end [KXTS OF Imwn, acccptPil or r tlu" autliority of vr\y witli the like n i)oth ; and in no to any promissory 1 this section shall cxchanjic payahlc lis ol' a hank, lent, enter into and pany in Canada or hes to facilitate a incorporated coni- thc mutual inter- the lines of th(( ich last-mentioned encrally may, with d comph^te railway in Canada or the •art thereof, to tlie hirty days after the tested by the Pro- mod on the part so d statement of the he said road ; and oreafter make with ng or rendering the rliament, undertake degraph they may )ing ; or may, with my portion thereof, r to undertake such cnth and following ph Octave Beaubien, illiam Cumberland, Andrew McDermot, ity of whom chall 'rovisional Directors iidcnt and Vice-Pre- r, and other ofRcers, ctors, as hereinafter for the conduct and election of a Board e election of their dd on such day, as ttawa as they shall general meeting the t thirteen Directors, thers are elected in i-esignation, mental jf any Director, the ice by the Board ol' all be a quorum, and epresented and vote ore than one proxy, say : four at the end itfc7 CANADA, PRINCE OWARD ISLAND, AND NKWFOUNDLAND. 9 of the first and second years .tectively, aiul five at the end of the third vcar. and w» on in similar proiwrtions, dufM.:; sua-eeding yt'nrs. The Direitor, so to ri-lir." at 'he end of the first year shall be selected by IwUot of the IV.ard. Tlit.se t<. retire at the end of the second year shall Ih! selected by iwllot anioni,' the nine Dir.Htors remaining of the original Ifeard. And at the third and succeeding elections thev shall retire by seniority, but the retiring Directors shall be eligible for re-i'hrtion, aixi aii\ Dir.vtor appointed by the Hoard to fill a vacancy, shall also retire at tin; end ol t'lic < urreiit year of office, and a Director shall then be elected by the shareholders in his stead— which Director shall occupy the same i)osition with reganl to retirement and seniority as the Director who first vacated the st\»t. And on the first >V»any, a general meeting of the shareholders, at which meeting they shall elect such a uuu'iber of Directors for the ensuing year as shall be rctjuired to sui)ply the i)laces hall tuixls, and sliall pay loru |)rovi(U'd. Tlii' 11! SeerHary, but tlu; ;hf sij^iiature ol' tlie eon ; and such bonds to. thoiMind dollars jter instructed under and nount bo authorised 1 have the same and )ini>any hereinbefore my with any persons issue of bonds by the r defining or limitinp; I not act upon such agreement. And no proceeding thereafter ctors, contrary to the an agent or agents revision for the pay- the Company at the conditions as shall Ik- ansfer of stock jiassed > the approval of the money subsidies, the iufficient information of such sections, the I shall be determined the Government and hall be decided upon of the Parliament of ly railway to be con- the points mentioned ans of the same are II so far as they are hereby incorporated "The Railway Act, ing provisions : — ice for r.ny portion of or which there is a of Public Works of of any lands therein iter, and certified by e with such certified lilway Act shall not is of the Crown, or ich places, deviations Ian, approved by tho the approval of tho kte ; and any further of the Grbvemment, CANADA, PllINCK KDWAHI) ISLAND, AND NEWFOUNDLAND. 11 and the Company may then make their railway in accorvianc« with such aulhorixed deviation, ^^ The map or plan an.l lM,„k ol' reference made au.l deposited in accordance with this section, alter approval l,v the (Jovernment. shall avail a. if mu.ie and deposited as required by tl... s.id •• Kaihvay Act, lMi>.' i;,r all the purposes of fh<' said .\et. and of this charter : an.l any copy ot. (,r extraet tlicrefn.iii, certified l.v the said Miiii-^ter or his deinity sliall I.e received as evidemr in aiiv court of law in Caiiada. It shall be sufneuMif that a map or profile (.f any part of the completed raihvav. which sba 1 not lie w.thm any county or district having a registry office, be filed in the office ol the Minister ol Public Works, The Company shall not commence tlie construction of any bridge over any navigable water nut. they shall have submitted to the (Government plans oi suclibridge, and o all the intended works thereto api.ertaining. nor until such plans and fb" siU" of such bridge shall have been approved by the (iovcrnment: and such conditions as it shall think lit to impose touching such brid^'e shall be complied with; nor shall any plan ol any such bridge be altered, or deviation tberelrom allowed, excei.t bv iiermiHsion of the (lovcrninent. 47. That the provision made in siil)-sectit)iis thirty, tliirtv-one ami thirty-two, of swtion nine of ''The Kaihvay Act, I8(j8," as to incumbrances on lands a(»|uir«'ss my hand and seal, this one thousand eight hundred and " Signed, SoaltHl and Delivered I iti prese)ice of f ' ('. 1). "E. 1'." or in any other form to the like effect. Oil. That Her Majesty's naval and military forces, whether Imperial or Canadian, Regular or Militia, and all artillery, amnumition baggage, provisions, or other stores for their use, and all officers and others travelling on Her Mt^jtisty's naval or military or other service, and their baggage and stores, shall at all times, when the Company shall be thereunto required by one of Her Majesty's Principal Secretaries of State, or by the Commander of Her Majesty's Forces in Canada, or by the Minister of Militia and Defence of Canada, or by the Chief Naval Officer on the North American Station on the Atlantic, or on the Pacific Ocean, be carried on the said railway on such terms and con- ditions, and under such regulations as the (rovernment shall from time to time make. 'A. That the Justices of the Peace for any county or district in British Columbia and Manitoba, assembled in general or quarter sessions, shall have the power vested by section forty-nine of " The liailway Act, IHfiS," in the Justices so assembled in the Pro- vince of Ontario as to the appointment of Railway Constables, and in places where there are no such sessions, any two Justices of the Peace in any Province, or in any place not witliin a Province, shall have the powers given by the said section to any two Justices of the Peace in Ontario for the apfwintment and dismissal of any such constables ; and where there is no Clerk of the Peace the record of the appointment of a constable shall be dispensed with. i')?). That it shall be lawful for the Government, by order to be published in the Canada Gacettc, on or before the first day of May, 1874, to declare this Charter, and the several provisions thereof, and all contracts and agreements made thereunder between th»! Government and the Company to be null and void, if the Company have not by the first day of January last preceding that date, made arrangements to the satisfaction of the Government for raising the money required for the construction and working of the said railway. .)6. That the expression " the Government" and "the Governor in Council" in this Charter, mean the Governor-General in Council ; and the expression " railway " includes as well the branches as the main line of the Pacific Railway, except when the contrary appears from the context. And Wk do, for ourselves, our heirs and successors, grant and declare that these Our Letters Patent, or the enrolment thereof, shall be in and by all things valid and effectual in the law, according to the true intent and meaning of the same, and shall be recognized as valid and effectual by all Our Courts and Judges, and all officers, persons, and bodies politic or corporate, whom it doth or shall or may concern. ; ly Testimony Whereof, We have caused these Our Letters to be made Patent, and the Great Seal of Canada to be hereunto affixed. Witness, Our Right Trusty and Well Beloved Cousin and Councillor the Right Honourable Sir Frederic Temple, Earl of Duffehix, Viscount and Baron Clandeboye of Clandeboye, in the County Down, in the Peerage of the United Kingdom, Baron Dufferin and Clandeboye of Ballyleidy and Killeleagh in the County Down, in the Peerage of Ireland and a Baronet, Knight of Our Most Illustrious Order of St. Patrick, and Knight Commander of Our Most Honourable Order of the Bath, Governor- General of Canada, and Governor and Commander-in-Chief in and over the Island of Prince Edward, and Vice-Admiral of Canada and Prince Edwai-d. At Our Government House, in Our CITY of OTTAWA, in Our Dominion, this Fifth day of February, in the year of Our Lord, one thousand eight hundred and seventy-three, and in the Thirty-sixth year of Our Reign. By Command, J. C. AIKINS, . Secretarv of State, .^Y :XTr* OF nnd oasi^s,' for rial or Caimtliuu, or other stores lor r military or other Company shnll be State, or by the er of Militia and can Station on the ,ch terms and con- e to time maiie. tish Columbia and c power vested by smblcd in the Pro- places where there or in any place not any two Justices of ch constables ; and )f a constable shall published in the lis Charter, and the hereunder between tny have not by the I the satisfaction of and working of the • in Council " in this " railway " includes ; when the contrary iclare that these Our »8 valid and effectual 1 shall be recognized I, persons, and bodies )e made Patent, and 1, Our Right Trusty urable Sir Frederic fe of Clandeboye, in Baron Dufferin and ivn, in the Peerage of Order of St. Patrick, the Bath, Govemor- ief in and over the and Prince Edward. L, in Our Dominion, )usand eight hundred CANADA. PUINCK EDWARD ISLAND. AND NEWTOUNDLAND. 13 No. 2. The Earl of Dufferin to the Earl of Kimbhrlet.— (Rcrcived March 12, 1873) . , , Ottawa, Canada, 'ru 1 • . February 27, 1873. I he prchmniarics connected with the loans about to he effected in connection with the ' Intercolonial Hallway" and the "Canadian Pacific Railway" being now complete, my Government have recorded in a Minute of Council, which 1 now have thff honour of enclosing to your Lordship, their satisfaction with the arrangements made by Her Majesty s Government in respect of the Imperial guarantee* bv which those loans have l)een facilitated, and their acquiescence with the terms and conditions attached to them by your Lordship. I have, &c., n^^. « .^ „ . DUFFERIN. Iho Right Hon. the lOarl of Kimberley, &c. Jkc. &c. Inclosurc in No. 2. Copy of a REPORT of a Committke of the Hon. the Priw Coincii, approved by Hi8 E.xcELLKNtv the Governor-General on the 20th February, 1873. The Committee of Council, understanding that your Excellency is about to com- municate with the Right Hon. the Secretary of State for the Colonies, ujion the subject of the guarantees undertaken by Her Mtyesty's Government, and referred to in the Despatches No. 98 of the 23rd October* and that of the 5th December last,+ respectfully recommend that your Excellency will lake that opportunity of conveying to Ijord Kimberley more specifically than has been done in previous Minutes of Council their acceptance of the proposals contained in the said Despatches, and the expression of their satisfaction that the arrangement proposed by the Committee of Council for the negotiation of the loans, the payment of the interest, and the establishment of the Sinking Fund, have met the approval of Her Majesty's Government. The Committee of Council further recommend that your Excellency will likewise be E leased to inform Lord Kimberley that they readily assent to the request made in the lespatch of the 23rd of October, 1872, that the terms of iiegotiation, the form of the Bond, and all other proposed arrangements connected therewith be submitted for the approval of Her Majesty's Government Certified. W. A. HIMSWORTH, Clerk of the Privy Council, Canada. My No. 3. The Earl of Dufferin' to the Earl of Kimberley.— (Received 19th March.) LQJ5P Ottawa, 4th March, 1873. I have the honour to enclose for your information a copy of a Report of Council recommending that American vessels should not be prevented from fishing within Canadian waters before the Act of Congress giving effect to the Treaty of Washington comes into force on the 1st of July next. I have forwarded a copy of this report to Sir Edward Thornton. I have, &c.. The Right Hon. the Earl of Kimberley, (Signed) DUFFERIN. &c. &c. &c. • This Despatch related to another Loan, and w Jo* P^"?*?^,.,, t Vide page 6 of Papers presented by Command, March 1873 [V-Wi]. ; ■/' 14 FTJRTFrfin COmiKPPONDRNCK WITH THIC CtOVERimBirrB OF Copt of a RKPORT of a Committkk of the Hon. the Pnivv ('oin( ir., approved by IIiH ExcEU.K.vcY the GovKUNOR.GKXHiur, on the IJnl Mnrcli, l>^7.'t. Tho ('ommittcv of the I'rivy (Council beg leave to r» jtort to your Excellency that the Act of ConxreM giviiij? fffect to tin- Treaty of Washiiif^ton ilnos not come into force till Ist July next Until that tttnu American fiahcrnien have no legal right to fiHh in Canadian waters, and their resseU are liable to s4-izure for doing so. The Committee an*, however, of opinion that no steps hhould be taken by the Government to prevent AmericAu voflselt; from fishing witliin the three-mile limit, and that they thotild have full permission to fish, as iar as the Government can grant it. It is not iwobible that any seixurus will be made >)ofore th»! 1st July at the instance of private partic-s, but should such a case occur, tho Committee will be prciwircd to advise your Excellency to order the release of the vessel and the remission of any )>cnalties incurred. Certified. (Signed) W. A. IIIMSWOHTII, Clerk, Privy Council, Canada. PRINCE EDWARD ISLAND. No. 4. (Telegraphic.) (Telegnmi. Heoeivod Ist July, 1872, at -1.55 p.m.) Treaty Bill {^ssed both Branches without amendment, and was assented to by me yesterday. WILLIAM ROBINSON. 30th June. !»■ a . No. 6. Lieutenant-Governor Robinson to the Earl of Kimuehley. — (Received 25th July, 1872.) Mt Lord, Government House, 12th July, 1872. Referring to my telegram of the .30th ultimo,* I have the honour to forward two copies of an Act passed during the last session of the Legislature, entitled " An Act relating to the Treaty of Washington, 1871." 2. Authenticated transcript of this Act, accompanied by the Attorney-General's report, will be forwarded by next mail. I have, Sec, (Signed) WILLIAM ROBINSON, The Earl of Kimberley, Lieutenant-Governor. &c. &c. &c. V-;i ■ U Inclosnre in No. 5. A» Act relating to the Treaty of Washingtox, 1871. •' , ■ [Passed June 29th, 1872.] . l'.«»n>bie. Whereas, by Article thirty-three of the Treaty between Her Majesty and the United States of America, signed at the City of Washington on the eighth day of May, one thousand eight hundred and seventy-one, it is provided that articles eighteen to twenty-five, inclusive, relating to the fisheries, 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 Prince Edward • • No. 4. ■ •. NTB OF II., approved by your Excellency PS not come into Canadian waters, l)C taken by the t;-mile linr.it, und can grant it. ly at the instance I be prciMircd to remission of any lomicil, Canada. r, 1872, »t 4.55 p.m.) as assented to by VI ROniNSON. i 25th July, 1872.) 2th July, 1872. our to forward two entitled "An Act Attorney-Generals ^I SOBINSON, aant-Govcruor. 871. pr Majesty and the lighth day of May, articles eighteen to p soon as the laws mperial Parliament of Prince Edward CANADA, l»BINrK KDWAItl) WLAXtt AND NKWPOl'NDLAND. l^ Ihlond, 1)11 tlie 0111 hand, and by tin- t^oii^ntsaof the liiiti«l Stal«ii ou the othtr; and thai tiUili M- r\|M.-diint that the laws ri'»iuiicd tu carry tlie Kiid I'rcafy into ell'ect as n!>iH.cts Priucc Kiiwurd I«l«ud, sliDiilil \>v jiasMtl by the Lj^jiiilature tlicriof. I » , It Vi.- , 1«, 1. He it flienl'ire enacted by the Lie' ''aiit-tinvenior, Ci)micil, aiid ,\«is«.«niblv : The Act iniule iiiKl p.-UiMd 111 tlie kixth \ear m Jlie rci(;ii ol Her present .Mnjesty, chuplcr |«uJ..i. fourt; to the !• islieries, an«l .States, hIiiiU lie adniitteut«nant-Govemor Kubinwn ; (Signep. xIt. [ENTrt OF ilegniph that t\w \ from thi? wntt'rn Qovvrnnieiit will KIMBEHLEY. I 21 April, 1873.) :c Edward Islniit', 873. I's Despatch of tlic by CoiigresH with lly next ; that thu II from the waters ir my government learnt that we are , and I await your )lated by the Act 1 Island, entitled ia, cap. 2, lOBINSON, !nant-Governor. 1 August, 1872. ctf to carry into .merica, signed at les of the Treaty iew to legislation 1, &c., KIMBERLEY. dv. CAN.AD.A. I-KINCI.; KbWAIMi lSf,AN'l». .V\I ) VEWFOPMH.AN'I* 17 Ni). lu. """■' ""■■ ''■»■• '" ""■ '■""■ "' K,M.«,,,v,-(R..,.,,.,.,, ,,„„ .S.,,„,„u.,, 1.72.) My I.onr.. <»ovrrnmrnt Honw, NrwfoHndland. ..r ,i„. IJirui;;;;:;;;;;:,:;; ;i"iS';,;';;;,7?: •">'-■ '"^m""'-,-... of the Treaty to NiuIouihIIiIi t.l 1 ':."". "' """ ••^••"''""' "»"'•• Arti.li^ ie^..a.y.n ...... t,... .u;:!!r;:,^!;:^L:ri:z^,;;'""' •">• ^"^'--^ - '•" - view .o \Vnsl>i,„tuMTreatv. I 1 r, 1, \ .^i tv oi l"?"'!'' l' '•^:'*^.'"""" .!•-'-•»"'« ""• a meeting ol' the LV^islatur.. s.^. , ".^, i', . A ." Jn.'.' !" t' "."^r v'^' *" "'"^••'"" iHli.n- the ..peninK ol („„.,,. .s i./ Decern,. Tl . '' ' '''''^\ '" ^••"''""""n'xJ nu-mbers of the Mouse of A Jn My ,, a'^t^vcrd nSI? ''^ ' "" I'V'J""'^ ."f '^^ woul.l incapacitule them fron. a teiuliL t.^Ih i' ,"V''" '">""*'"l'^^' ^""'"•i' of January l.ext. at which tinle i t t^^ J^ ' ,^^1 n^Vr''" t'" •'"' 'T'' Assembly i'i«Mni inicniioti o. n>> Advisen to oitcii the this Colony to the Island whenever the^.tl^tws'^,!;:." L" t^^^H^^tZ lature ol ^ewl.nnKllan.l a,..l approved by llcr Majesty. I .hall t.Sre . lin^lW nexsoMOM again .ny.te the attention of my KxccutiCe to the Tr j , I " ^ , donbt-should not >.ng unlor..seen occur-my Ministers will have I tie d m u ly n .ui^ii 1/vviii ijiv inducing the liCgislature to accept it« provisions. The Right Hon. tlie Earl of Kiinberlev, &c. &c. .Vcc. I have, \r., (Signed) J^TEI'IJEN J. HILL No. U. Governor lIiLi. C.B., to the Eaki. of Kijiiikklky.— (Received 21th February, l,s73.) Government House, Newfoundland, My Lokd, fith February, 187;i. I avail niyscU of the unniediate departure of the mail to transmit herewith a Manuscript Copy of the Speech with which I have this day opened the present Session of the Newfoundland Legislature. P I thall have the honour of transmitting to your Lordship, by the next mail, six Printed Copies of the Speech in question. questi The Right Hon. the lilarl of Kimberley, &c. &c. &c. I have, &c.. (Signed) STEPHEN J. HILL Inclosures in No. 11. E.\Ti!ACT from the Spkkcii of His Excellency Governor Hu.l., CMJ., on the opening of the Fourth Session of the Tenth General Assembly of Nkwkounoland, Uth February, 1873. Mr. President and Honourable Gentlemen of the Legislative Council : Mr. Speaker and Gentlemen of the Honourable House of Assembly : ' Among the subjects of importance which will be submitted to you, special attention will be invited to the extension to this Colony of the Articles of the Treaty of Washington, hO far as they are ap])licable to Newfoundland, and early legislation suggested upon this question. • No. 8. D ■«1^ J' I m m. vA^ ( w '' fl^l !^H ' 1 til. l. 'i ; I 18 FL'imiKIt <.()Ul{l':sr(>NI)i:N( i: with TIIK tJOVKHNMKXTr* OF ExiHACT. AnnRKHH of tin* iMvitlutive Ciiiiiu-il, in niiNVvrr to Ihi' (JovkunohV S|iwtli on o|N>tiiiiK; fhr Suwiuii, prcM-ntiNl to IIin Kxci-llriicv iit (iovtTiiniciit IIoiim'. In tlu' lion, tlu' I'iimiukm aii«l MvnilMrs, on tlir 'J'ina Fcbrimry. To Ilis Kjufllfiicy C!oloncl Stkimikn .Irmv llii.i., Ksquin', Cotiiiiunioii ol the Mo>t lloiiounililf Military Order nl the mill, (JoviTiior and t'oiiiiniui'Irr-in-Cliicr in and over the loland of Newl'oundland and its Depcn- dtneii-H, kv. The exteuNioii to thii« (!ol«Miy of tiic Artielts ol' the Treaty of VVaNhinKton, ho Car ns they are a|)|>licalde, ealJH lor the earerul euiisiderution (d' the l.)'};islature, and shall ri'cuivc* the imtient attention due toustilijeet ho tieriousiy aiVeetint; the numt vit^il interests^ of the Colony, ExTIlACT. 4|bDftKF.s of tin; House of Assembly in answer l(» the GovKnyoii'H Speech, presented to His Fxeclleiny at (jiovernnicnt House, hy Mr. .*..'i'i;AKr;u and the Members, on the 21st Febrnary. To Hib Kxeellency SniiiKN John Hii.i,, l-kpiire, C.H., (Jovernor and Cnuimnuder-in-Chief in and over the Island of Newfoundland and its Mependencies. In giving iv-iial attention to the extension to this (!olonyof the ArlieKs of the Treaty of Waijhingto i, as far as tliey are applicable to Newlbundland, we trust such Legislation will cnsuu ns blmll prove bunuiiciul. . , , - livi'KAt'T. His Excellency's Uejdy. Mr. Si'E.iKKR and Gentlemen of the ITonourabIc House of Assembly I am advised that the extension to the Colony of the Articles of the Treaty ol' Washington will be ertreniely beneficial to the interests of Newfoundland. I trust that the special attention WiMch, from your Address, I infer you ])ropose to Ijestow on the consideration of this convention, will result in such legislation as will enable me to inform the Secretary cl State for the Coloi ies, i)romptly, that this Government has accepted the provisions r . f-^ Treaty.* No. 12. • ■; r The Earl of Kimhkrley to Governor Hill, C.H. Sir, Downing Street, 7th March, 1873. I have the honour to acquaint you that a telegram has been received at the Foreign Office from Sir Edward Thornton, reporting that the Canadian Fisheries Bill has been passed by Congress, but with the condition that it shall not come into force until the 1st of July next. * Since thw paper was priutcd information has been received by telegmph that the Newfotmdland Legislature has passed au Act extending the provisions of the Treaty to Newlbundland. [NMKNTS OF l|>t'tfli on ()|M>irniK llir UHi>, l>y till- Hun. tlic .loiiN llit.r., Ktuuin-, ililu Military ()r«U'r nl iit'lrr-iii-(.!hit r in iiiid laud uinl iU l)t!|Hii> VViiHliiiit^ton, w) far ns l.t'^isliitiirt', ami Nliitll tliu iiKMt vital liitfa-KtK S|)c«'i'li, prt'st-ntt'd to tiid the MfinbtTs, on Hi 1,1,, I'lsqniri', C.H., liiel' in unil over tlii> Mfr|)L'niIfntii.'s. • Aiiirlis ol' the TiTuty ' trust stii'h Legiiilutiuii Vhsumi»l\ OS oi" the Treaty of undland. I trust that )0S0 to IjL'StOW oil the as will enable me to lis Government has , 7th March, 1873. been received at the nadian Fisheries Bill not come into force 1 that tbo Newfoundland iland. ^ TAXAIM, nilNri-: KhW aI(I» Isi.aNH. AND NtWHH NDLAND. lU I hnsr Iktii iiil-rnud l.y tli. (i.a,.ri...r-(ifii«r.l of Caiudii. (n Irl.ijrai.h. th.l tlir aiMdian (.m.nuiinit d.> net ,,„.|m,s,. |„ .xrju.lr Nun ri.ati iHlurmn. fr-m ll,. <»..f.j> ..| Laiiadii in the nuMntinir I r.(pii.it thai you will mlotm nie it« ».>uii .in |MH«il>ii> whilhtr your ti..v,Ti»m.nt uill It |.ir|..m-d. as | conillide fli.y «ill, to like llir siiiir ...up.,. (i..wmnr H'l ( H. ^SiKm.!')"' ' KIMIIKULKV. No 1. 1 t'ii|ifaiii II M I . C.n,. to the CoiAJMAi. (>iHfK. ^"•- Admiraltv. Kith March, H7;i. With reltrtiKc |.i v,,iir l.tUr ol' the lili iii>taiit. inclosiiij; a .(•ii, ol a ii,'ii Om.c that the Ain.ii.,iii ConK'r.ss has I'iv.mI iIm- NtdMulv f-.r lh.> Canadian I' ish.-ri.'s Hill eoiniii- int.i IciTe, I am .(iinniaiided h. ni. I.or.U t'.nnnii^- Moiiers i»r the Admiralty to itMiu.M >ou will move the S.'.utary r the present month. I have, &c., (Signed) KOMKHT II ALL. I'.S.— A similar encpiiry has k-en addressed to the Foreign OlTicc. No. U. Mr. Holland to tlu' AiiMiitAi.rv. SiH, ^ Downing Street, 10th March, 1H7.'J. I am directed h\ the Kurl of Kimlierley to acknowledge the receipt of your letter of the 10th instan*' enquiring whether any change is ronteniplated, in conse(|ueiice of the action of the American Congress, in the instru.tioiis to the captains and com- manding officers of Her Majest\'s ships to lie employed in the protection of the Nortli American fisheries. Lord Kimberlcy desires me to inform you, that on the receipt of your letter an enquiry was addressed to the l.iiuleii iiit-tioveriior of Trincc Ivlward Island, and to the Governor of N'l vC.MnnUand, as to whether the fisheries ef those islands would Ix- opened to Americans .turwig the coming season. The Lieutenant-(.' v.nior of Prince Kdwaid Island has replied to the cfTccf that his Government an ivi- parwl to act in accord with Canada in this matter, and th.- Governor of Ne vlnx,i,,ii.iiid has informed liis Lordship that the fisheries of Newfoundland are now open pn ,5ional!y to Air'»-"i'rtiis. ami that it is probable that the Legislature of that island will soon pass tlu \. t .ieocs!*ttr> to give clfect to the Washington Treaty. Their Lordships arc aware that the L'anadiiui (iovernmeiit, in antiiipatioii of the Fishery Clauses of the Treaty comiiiij Into eftirt from the 1st, July next, have determined not to exclude Americans from the lishcrics of Canada in tlie interval, and in these circumstances Lord Kimberley is of opinion that the formal instructions to llcr Majesty's naval officers on the North American station as regards the fisheries should be susinnded. It will be necessary, however, that Her Majesty's naval officers should be directed to give such protection as may be required to the Canadian revenue vessels in jr^-serving order amongst the fishermen who may resort to the colonial fisheries. I am, &c., (Signed) IL T. HOLLAND. The Secretary to the Admiralty. • No. 12. £ •I*) I i xA^ .i- 20 FUKTHEK CORRESPONDENCE WITIf THE (JOVERNMENTS OF .;! M i4 i :i ; -5' I I ; N kli No. 15. Governor Hill, C.B., to the Earl of Kimbeklky. — (Received '2Ut April.) Government House, Newfoundland. 21bt March, 187.1. My Lonn, ^Vitll rfftTcnte to your Lordship's Despatch of the 7th March, I have the honour to state that the Government of Newfoundland do not propose to exclude American fibhermen Irom the territorial waters of this Colony during the cominf^ season. I have, &c., (Signed). STEPHEN J. IIILL. The Right Hon. the Karl of Kimbcrley, &c. &c. &c. b. 'n^S 1 KNTS OF CANADA, PRINCE EDWARD ISLAND. AND NEWFOUNDLAND. 21 Ibt April.) K, Newfoundland, :h, 187:{. 1 have tlu> honour excludf American HEN J. HILL APPENDIX. 42nd Congress, .'h'd Session. IN THE SENArE OF THE UNITED STATE.S.-FKnur.un- 2;-i, IS7.1. Ax Apt to carry into effect tlu- i)r.)visi.)ns olthe Treaty between the Unite.l StaU-s an.l Gmit Hritani signed in the city of Washin^-toi. the Hth day of May, ls71. lolatinL' to the r ishciies. ■/ ■/ r> Be it enacted l)y the Senate and House of Uci)resentafives of the United SUtes of America in l oiifjress ass, n,l,l,.,l, Tiiat wlienever the I'lesident of the United .States sliall receive satislaetoiy evidence that tlie Iniiurial Parliament of CJreat Dritain. the Parlia- ment ol Canada, and the Le}i;islature of Prince Edward Island have pas-i.! la«s on their ])aft to Kive lull elled to the i)rovisions of the Treaty l.etweeii the U'nited States and (ireat Britain signed at tlie city of Washin-ton on the 8lh '„ . , . r. - I •'^71, as con- tained in Articles eighteenth to tweiity-iitlh.iiuhisiye, and Article thirtietii of said Treaty, he is herehy authorised to issue his inoclaination (leclarin- that he has siali eyi.lencJ', and thereujion, from the date of such pruelaination, and so long as tlie siid Articles eighteenth to twenty-fifth, inclusive, and Article thirtieth of said Treaty, shall remain in force, according to the terms and condiiionsof Article thirty-third of sai' . Treaty, all lish- oil and lish of all kinds (exccjit fish of the inland lakes and of the riv.Ts falling into them, and exce])t fish preserved in oil), heiiig the jiroduce of the fisheriis of tlw Dominion of Canada or of I'rince Kduard Island, shall he admitted into the United States free of duty. Skc. 2. That whenever the colony of Newfoundland shall give its eonsent to the ajiplicatioii of the stipulations and jirovisions of the said Articles eighteenth tv, twenty- fifth of said Treaty, inclusive, to that colony, and the Legislature tliereof, and tlie InijH'riiil Parliament shall \y,\sH the necessary laws lor that purjiose, the ahove-eiumieraied articles, heing the jiroduce of the lislieries of the colony ol Newfoundland, shall lie admitted into the I'nited States free oC duty, from and alter the date of a prochimatinn ii> the Presideiit of the United States, declaring that he has salislactory evidinee that the said colony of Newfoundland has consented, in a due and in-ojR'r manner, to have the jiro- visions of tlie said Articles eighteenth to tweiity-lllth. inclusive, of the said Treaty extended to it, and to allow the United folates the full benefits of all tiie stiiuilatioiis therein contained, and shall lie so admitted liei' of duly, so long as the said Articles eighteenth to twenty-fiith. inclusive, and AiMicle thirtieth, of said Tri'aty, shall remain in force, according to the terms and conditi'ms of Article thirty-third of said Treaty. Skc. .'!. That from the date of the President's proclamation authori.-ed iiy the first section of this Act, and so long as the .\rticles eighteenth to twenty-fifth, inclusive, and Article thirtieth of said Treaty, shall remain in force, according to the tirins and. conditions of Article thirty-third of said Treaty, all goods, wares, or merchandiM' arriving * '.he ports of New York, Boston, and Portland, and any other jiorts in the United States which have been, or may. from time to time, be, sjieeially designated by the President of tlie U'nited States, and destined for Her Britannic Majesty's Possessions in North America, may be entered at the proper custom-hou^e and conveyed in transit, without the payment of duties, through the territory of the United States, under such rules, regulations, and conditions for the jirotcction of tlie revenue as the Secretary of the Treasury may, from time to time, prescribe ; and, under like rules, regulations, and conditions, goods, wares, or merchandise may be conveyed in transit, without the imyment of duties, from such Possessions, through the territory of the United States, Jbr export I'rom the said ports of the U'nited States. Sec. 4. That from the date of the President's jiroclamation, authorised by the first section of this Act, and so long as Articles eighlecntli to twenty-fifth, inclusive, and Article thirtieth of said Treaty, shall remain in force, according lo the terms and conditions of Article thirty-third of said Treaty, all subjects oi Her Britannic Majesty 'TF5ir I'l 22 CORRESPONDENCE WITH THE GOVERNMENTS OF CANADA, &. . T may carry in British vessels, without payment of duty, goods, wares, or merchandise I'rom one jwrt or place within the territory of the United States, upon the Saint Lawrena?, the great laki*8, and the rivers connecting the same, to another port or place within the territory of the United States, as aforesaid: 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 ui)on between the Government ol Her Hritnnuic Majesty and the Government of the United States: And provided further, 'I'hat the President of the United States may, by proclamation, 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 Uiiitc>d States of the use of the canals in the said Dominion, on terms of equality with the inhabitants of the Dominion, as pro- vided in Artich' twenty-seventh of said Treaty : And provided further. That in case any exijort or other duty continues to be levied alter the Kith day of June, 1872, on lumber or timber of any kind cut on that portion of the Atr.erican territory, in the State of Maine, watered by the river Saint Juhn and its tributaries, and floated down that river to the sea, when the same is shijjpe.l to the United States from the Province of New Brunswick, that then, and in that case, the President of the United St'ites may, by pro- clamation, suajjend 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 1st day of July, 1873, and shall not apply to any article of merchandise therein mentioned which shall be hell in bond on that day by the customMjfflcers of the United States. Passed the House of Representatives February 24, 1873. Attest: EDWARD McPHERSON, Clerk. .1 umnoK : raunvn bt witLUH omwis ahd go>«, stamfobd (nor, axd cminma oboss, ron BBB lumTT'a stationiby orrio*. ,^ ,./.i