IMAGE EVALUATBON TEST TARGET (MT-S) 1.0 I.I •- IIIIIM 1^ IIIIIM iiiii it IIS lllllio IIIIIM 12.2 1.8 1-25 1.4 1.6 < 6" ► ^^' %^ # 7 Photographic Sciences Corporation 23 WEST MAIM STREET WEBSTER, NY. MS 80 (716) 872-4503 CIHM/ICMH Microfiche Series. CIHM/ICIVIH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques :\ Technical and Bibliographic Notes/Notes techniques et bibliographiques The Institute has attempted to obtain the best original copy available for filming. Features of this copy which may be bibiiographically unique, which may alter any of the images in the reproduction, or which may significantly change the usual method of filming, are checlcad below. 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Lorsque le document est trop grand pour dtre reproduit en un seul cliche, il est film6 A partir de Tangle sup6rieur gauche, de gauche & droite, et de haut en bas, en prenant le nombre d'images nicessaire. Les diagrammes suivants illustrent la methods. by errata ned to lent une pelure, fa9on d 1 2 3 1 2 3 4 5 6 32X f** Q^-^r^^. R>feiai\ b[kza. C^ ,1' I'l^ Treaty between Her Majesty an*. (If piivat' indiviiliialj*, sidij<'ct> nf lb r llrit.innii' MH)ei»fy, upon the Uovprnnient ol the I'liitctl Stafm, nri«inir out of nct« coniinifit i| ncninM thr pcnuiim or pn)pcrty of «ulijicl'* of Her Ihirnnnir Mnic-fv durini the mnir pcriml, wliiih mnv linvi' been presi-ntid to cither (luvfrnnuiit lor iu intrrpo»ition with Hip otlici-, nnil whirli U't remain unsettlcil, a* well ax any " by the Pre-id'n* of the I'nilril Sfi\fe«, and a third hv Her Britannic Majesty and thi' I'risident of thr United Stattr< conjointly ; and in ca' third Coinnn'SHioucr shall Im» named hy the lU'pn>cntativc at Washiiiiflon ">i jiln Miji >iy llw Kinu'ol Spain. In case of the death, aiihciicc, or incapacity t)f any ('luniuissioncr, or in lln' cxciit of any Co unii^* itioner omittini? or ceaning to act, the vacancy ohall ho filled in the manner hereinbefore provided for mahitiu the oriu:inal app()ii\tment, the period of three months in ease of such ■ubstitution bcini; calculated from the date of the haiipcninir of tin- vacancy. The Commissioners so named shall meet at Washington at the earliest < onvenicnt !)eriod after they have been respectively named ; and AvaW, before pioceedini; to any )usincss, make and suhseril-e a Milemn declaratiim that they will impartially and carefully examine and decide, to the lust of their juififment, and accoiding to justice and ecpiity, all such claims ns shall he laid before tluni on tlic part of the (lovermnents of llcr Hritannie Majesty, and of the United .States, respcctivelv ; and sneli declamtion shall lie eulered on the record of their p^occedinfr^i. ARTICLK XI 11. The (.'onnnissioners shall then forthwith proceed to the investigation of the claims winch shall be presented to them. Tiuy -hall investiitate and decide ^lluh claims in such order ond snch manner as ilicy may think proper. Init upon siicii evidence or information only as shall be lurnished by or on belialt of their respective (iovernnient-. Tliey shall ho bound to receive and consider all written documents or stat; nients v.hieli may be presented to tiiem by or on behalf of their respective (iovernnients in support of; or in answer to, any claim"; and to hear, if recpiired, one person on each side, on behalf of each Govern- ment, as Counsel or Agent for such Government, cm each and every separate claim. A majority of the Commissioners shall be suttieient for an award in each case. The award shall be given upon each claim in writinir, and sliall be sisfncd by the Conimissioners assenting to it. It shall be com|)etent (or each Govt rnment to name one perscai to attend the Commissioners as its A^'ent to j)resent and support claims on its behalf, and to answer claims made ujmn it, and to represent it generally in all matters connected with the investigation and decision thereof. , , ■ , i n The High Contracting Parties hereby engage to consider the decision ol the Commis- bioners as absolutely final and conclusive upon each claim decided upon by them, and to give M efffect to such decisions without any objection, evasion, or delay whatsoever. ARTICLE XIV. Every claim shall be presented to the Commissioners within six months from the day of their first meeting, unless in anv case wlu-.e reasons for delay .diall h^ established to the .satisfaction of the Commissioners; and then, and in any suiii ease, the period lor presenting the claim may be extended by them to any time not exceeding three montlis °°^*The Commissioners shall be hound to examine and decide upon every claim within two years from the dav of their first meeting. It shall l)ee()n.pctent for the tlomimssioners to decide iti each case whef.er any claim has or has not been duly made prelerred. and laid before them, either whollv or to anv and uhat extent, according to the true intent and meaning of this Treaty. ARTICLE XV. Ml suni^ of money whieli in; v i e awarded l.y llie Coriunissioiiers on acccmnt of any claim shall be paid hv the one Con-ri.nunl to the other, a, the ca>. may be, with... twelve mdnths after the date of the linal award, without inlc.est, and without any .'.eduction save as specified in Article X\ I of this Treaty. I \^'; ^ ARTICLE XVI. Tlie ComtniMioncra khall krrp nii accurate record, nnd correct minute* or notea or all their procccfftjesty that the privileges accorded to the ciiixcns of the United Htntes under Article X\ III ol thiit Treaty ore of greater value than those accorded by Artidei XIX and XXI of this Treaty to the subjects of Her Britannic Majesty, and this assertion is not admitted by tlie (Jovcrnment of the United States; it is further Birn>cd that Conmiissioners sliitll be a|)|>ointc«l to deter- mine, having regard to the privilcRfH accorded by tlio United States to the subjects of Her Britannic Majesty, as stated in Articles XIX and XXI of this Treaty, the amount of any compensation which, in their opinion, ought to be paid by the Uovernment of tl>e United States to the Government of Mer Britannic Majesty in return lor the privilege-* accorded to the citizens of the Uaited States under Article XVI 1 1 of this Treaty ; and that any »um of money which the said Commissioners may so award shdil be paid by the United States Government, in a gross sum, within twelve months after such award shall have been given. ARTICLE XX III. The Commissioners referred to in the prccediuK' Article shall be appointed in the following manner, that is to say: One Commissioner shall h' named by Her Britannic Majesty, one by the President of the United Stales, and a third by Her Britannic Majesty and the President of the United States conjointly ; and in ease the third Commissioner •hall not have been so named within a period of three months from the date when this Article shall take eHTect, then tliu third Commissioner shall be named by the Representative at London of His Majesty the Emperor of Austria and King of Hungary. In case of the death, absence, or incapacity of any Commissioner, or in the event of any Commissioner omitting or ceasing to act, the vacancy shall be filled in the manner hereinbefdi-c provided for making the original appointment, the period of three months in case of such ■uhstitution being calculated from the date of the happening of the vacancy. The Commissioners so named shall meet in the city of Halifax, in the Province of Nova Scotia, at the earliest convenient period after they have been respectively named, and shall, before proceeding to any business, make and subscribe a solemn declaration that they will impartially and carefully examine and decide the matters referred to them to the best of their judgment, and according to justice and equity; and such declaration shall be entered on the record of their proceedings. i^h of the High Contracting Parties shall also name one person to attend the Commission as its Agent, to represent it generally in all mattei-s connected with the Commission. ARTICLE XXIV. The proceedings shall be conducted in such order as the Commissioners appointed under Articles XXII and XXIII of this Treaty shn'. determine. They shall be bound to receive such oral or written testimony as either Government may present. If either Party •hall offer oral testimony, the other Party shall have the right of cross-examination, under Buch rules as the Commissioners shall prescribe. If in the case submitted to the Commissioners 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 that Party with a copy thereof; and either Party may call upon the other, through the Commissioners, to produce the originals or certified copies of any papers adduced aa evidence, giving in *each instance such reasonable notice as the Commissioners may require. <. [276] y V i \T' C^ ''',o missioners under C8 or notes of all iloy a Secretary n of the business ler and Agent or 1 equal moieties. g, from the forty- between the two I for the purposes lid regulations of 1 privilege of free ig and descending >oses of commerce ted States, subject , inconsistent with lie Government of tes the use of the equality with tlie engages that the Flats Canal on engages to urge lajesty the use of r rivers traversed High Contracting jars mentioned in commerce to the \ua of the United privilege of free [II of this Treaty, |on, and Portland, time to time be [for Her Britannic bustom-housc and 3ry of the United |of the revenue as and, under like |nveyed in transit, [)ry of the United Indize arriving at rica and destined iveyed in transit, rules and regu- d »tion«, und conditions for the protection of the revenue, as the Govern monU of the ttid Possessions may from time to time prescribe; and under hke rules, regulations, and con- ditions, goods, wares, or merchandize mav be cnmeveil in transit, without payment of duties, from thi' United States through the said Possessions to other places in t\\c United States, or for export from ports in the said Possessions. ARTICLE XXX. It is agreed that, for the term of years .nentioiied in Article XXXIII of this Treaty, subjects of Her Britannic Majesty may carry in British vessels, without payment of duty, goods, wares, or merchandize from one port or place within the territory of the United States upon the St. Lawrence, the Great Lukes, ami the rivers connecting the same, to another port or place williin the territory of the United States as aforesaid : Provided, That a portion of sucli transportation is made through the Dominion of Canada by land carriage and in bond, under such rules and regulations us may be agreed upon between the Government of Her Britannic Majesty au(\ the Gove.nineiit oftlie United Stotes. Citizens of the United States may fur the like period carry in United States' vessclg, without payment of duty, goods, wares, or nieichandi/.e from one port or place withia the Possessions of Her Britannic Majesty in Nortli America, to another port or place within the said Possessions : Trovidcil, That a portion of sucli transportation is made through the territory of the United States l)y land carriaiie and in bond, under such rules and regulations as may be agreed upon between the Government of Her Britannic Majesty and the Government of the United States. The Government of the United States further engages not to impose any export < duties on goods, wares, or merchandize eanicd under this Article through the territory of ; the United States; and Her Majesty's Goveiniueiit engages to urge tlie Pai-haincnt ' of the Dominion of Canada and the Legi-lntures (if llie otlie'r Colonies not to impose any export duties on goods, wares, or iiierehaudize carried uiukr this Arliele ; ai:d the Govern- ment of the United States may, in cr.sc such expoit duties are imp( seel by Liic Dominion ', of Canada, suspend, during the period that such duties are imposed, the right of carrying f granted under this Article in favour of the subjects of tier Britannic Majesty. The Goveriinicnt of tlie United States may suspend the right of carrying granted in favour of the sulijects of Her Britannic Majesty under this Aitiele in case the Dominion of Canada should at any time deprive tlie citizens of the United States of the use of the canals in the said Dominion on terms oi'eiiuality with the inhabitants oftlie Dominion, as provided in Article XXVIl. ARTICLE XXXI. f The Government of Her Britannic Majesty further engages to urge upon the Parlia- ment of the Dominion of Canada and the Legislature of New Brunswick, that no export duty, or other duty, shall be levied on lumber or timber of any kind cut on that portioa of the American territory in the State of Maine watered by the river St. Jolm 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 BrLUiswick. .And, in case any such export or other duty continues to be levied al\;cr the expiration of one year from the date of the exchange of the ratifications of this Treaty, it is agreed that the Government of the I'liited 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 XVllI to XXV of this Treaty, inclusive, shall extend to the Colony of Newfoundland, so far as they are applicable. But if the Imperial Pai-liament, the Legislature of Newfoundland, or the Congress of the United States, shall not embrace the Colony of Newfoundland in their laws enacted for carrying the foregoing Articles into efl'ect, then this Article shall be of no effect ; but the omission to make provision by law to give it effect, by either of the Legislative Bodies aforesaid, shall not in any way impair any other Articles of this Treaty. ARTICLE XXXIIi. The foregoing Articles XVIII to XXV inclusive, and Article XXX of this Treaty, shall take effect as soon as the laws recpifred 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's Island on the one hand, and by the Congress of the m I i i 1 ' 1 ii ! i : ^1 f !fl i . U 11 \> i'' f <.';'j m V.-'- t Upited States on the other. Such assent having been K>riod of ten years from the date at which they may conic into o;)eration, i' and further, until the expirutioii of two years after either of the High Contracting Parties shall have given notice to the other of its wish to terminate the sume ; each of the High Contracting Purties bcini; at liberty to give such notice to the other ut the end of the said period of ten years or al any time alterward. ARTICLE XXXIV. Whereas it was stipulated by Article I of the Treaty concluded at Washington on the ISlhof June, 1846, between Her Britannic Majesty and the United States, that the line of boundary between the territories of Her Britannic Majesty and those of the United States, from the point on the forty-ninth parallel of north latitude up to which it had already been ascertained, should be continued westward along the said parallel of north latitude " to the middle of the channel which separates the continent from Vancouver's Island, and thence southerly, through the middle of the said channel and of Fuca Straits, to tiie Pacific Ocean ; " and whereas the Commissioners appointed by the two High Contracting Parties to determine that portion of the boundary which runs southerly through the middle of the channel aforesaid were unable to agree upon the same ; and whereas the Govf>rnment of Hei liritannic \fajeaty claims that such boundary line should, under the terms of the Treaty above recited, be run through the Rosario 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 Her Britannic Majesty and of the Government of the United States shall be submitted to the arbitration and award of His Majesty the Emperor of Germany, who, having regard to the 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, 1846. ARTICLE XXXV. The award of His Majesty the Emperor of Germany shall be considered as absolutely final and conclusive ; and full effect sliall be given to such award witliout any objection, evasion, or delay whatsoever. Such decision shall be given in writing and dated ; it shall be in whatsoever form His Majesty may choose to adopt; it shall be delivered to the Representatives or other public Agents of Great Britain and of the United States respectively, who may be actually at ]3erlin, and shall be considered as operative from the day of the date of the delivery thereof. ARTICLE XXXVI. 'i'lie written or printed case of each of the two Parties, accompanied by the evidence offered in support of the same, shall be laid before His Majesty the Emperor of Germany within s.K months from the date of the exchange of the ratifications of this Treaty, and a copy of SL ch case and evidence shall be communicated by each Party to the other, through their respective Representatives at Berlin. The High Contracting Parties may include in the evidence to be considered by the Arbitrator, such documents, ofUcial correspondence, and other official or public statements bearing on the subject of the reference as they may consider necessary to the support of their respective cases. After the written or printed case shall li»ve been communicated by each Party to the other, each Party shall have the power of drawing up 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 communicated, which definitive statement shall be so laid before the Arbitrator, and also be mutually communicated in the same manner as aforesaid, by each party to the other, within six months from the date of laying the first statement of the case before the Arbitrator. 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 furnish that Party with a copy thereof) and either Party may tall upon the other, through 'the Arbitrator, to produce the originals or certified copies of any papers adduced as evidence, 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 amum Itoi .rtidett shall remaia imc into o|)eration, Contracting Parties ; each of the High at the end of the Washington on the :ateB, that the line hose of the United vhich it had already 1 of north latitude Vancouver's Island, ^uca Straits, to tlie High Contractina^ lhroui;h the middle las the Govfirnment ;r the terms of the jiovernment of the it is agreed that the the Government of of His Majesty the Article of the said lose claims is most 4G. idercd as absolutely ;hout any objection, and dated ; it shall }e delivered to the the United States operative from the ed by the evidence iperor of Germany this Treaty, and a the other, through considered by the r public statements y to the support of r each Party to the re the Arbitrator a ; case of the other ore the Arbitrator, each party to the ;he case before the ty or allude to any I copy, such Parly sh that Party with the Arbitrator, to ce, giving in each if the Arbitrator contained in the 11 statements iaSd 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 each Party, in relation to any matter, and at such time, and in such manner, as he ntay think fit. ARTICLE XXXVIII. The Representatives or other public Agents of Great Britain and of tht United SUtet at Berlin respectively, shall be considered as the Agents of their respective GuvemmenU to conduct their cases before the Arbitrator, who shall be requested to address all his communications, and give all his notices, to such Representotives or other public Agents, who shall represent their respective Governments generally in all matters cconected with the arbitration. ARTICLE XXXIX. It shall be competent to the Arbitrator to proceed in the said Arbitration, and all matters relating thereto, as and when he shall see fit, 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, and either orally or by writteix discussion, or otherwise. ARTICLE XL The Arbitrator may, if he think fit, appoint a Secretary or Clerk, for the purposes of the proposed arbitration, at such rate of remuneration as he shall think proper. This, and all other expenses of and connected with the said arbitration, shall be provided for as hereinafter stipulated. ARTICLE XLI. The Arbitrator 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 Governments m 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. ARTICLE XLIII. The present Treaty shall be duly ratified by Her Britannic Majesty, and by tno President of the United States of America, by and -vith the advice and consent of the Senate thereof, and the ratifications shall be exchanged either at London or at Washington 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 affixed our seals. Done in duplicate at Washington, the eighth day of May, in the year of Our Lord one thousand eight hundred and sevsnty-one. (L.S.) (L.S.) (L.S.) (L.S., (L.S.) (L.8.) (L.8.) (L.S.) (L.S.) (L.S.) DE GREY & RIPON. STAFFORD H. NORTHCOTB. EDWD. THORNTON. JOHN A. MACDONALD. MOUNTAGUE BERNARD. HAMILTON FISH. ROBT. C. SCHENCK. SAMUEL NELSON. EBENEZER ROCKWOOD HOAR. GEO. H. WILLIAMS. ! i i&i'J'': -I. 1 .ti:i?t '/I ■ . ' l'''il»l -'il-t'/. !.,.}«; Mil .tl ■J »jC» 1#i#(i ■J'J' «»t j.J :\-/' -'<'' ■>. 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