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 TREATY OF WASHINGTON. 
 
 / 
 
 '>(\ Treaty between Hee Majesty and tub United States op America, signed 
 
 AT Wasiiinqion, May 8, 1871. . , 
 
 {Ilatijied: and ratifications exchamjed June 17, 1871.) 
 
 HER Britannic Majesty and the United States of America, being desirout^to 
 provide for an amicable settlement of all causes of difterence between the 
 two countries, have for that purpose appointed their respective Plenipotentiaries, 
 that is to say : 
 
 Uer Britannic Majesty on her part has appointed as Iler High Commis- 
 sioners and Plenipotentiaries, the Right Honourable George Frederick Samuel, 
 Earl de Grey and Earl of Ripon, Viscount Goderich, Baron Grantliam, a 
 Baronet, a Peer of the United Kingdom, Lord President of Her Majesty's 
 Most Honourable Privy Council, Knight of the Most Noble Order of the 
 Garter, Ac, &c.; the Right Honourable Sir Stafford Henry Northcote, Baronet, 
 one of Her Majesty's Most Honourable PrivN' Council, a Member of Parlia- 
 ment, a Companion of the Most Honourable Order of the Hatb, &c., &c.; Sir 
 Edward Thornton, Knight Commander of the Most Honourable Order of the 
 Batl), Her Majesty's Envoy Extraordinary and Minister Plenipotentiary to 
 the United States of America ; Sir John Alexander Macdonald, Knight Com- 
 mander of the Most Honourable Order of the Bath, a Member of Her Majesty's 
 Privy Council for Canada, and Minister of Justice and Attorney (Jeneral of 
 Her Majesty's Dominion of Canada ; and Mountague iiernard, Ksq,, Chichele 
 Professor of International Law in the University of Oxford ; 
 
 And the President of the United States has appointed on the part of the 
 United States as Commissioners in a Joint High Commission and Pleni- 
 potentiaries, Hamilton Fish, Secretary of State ; Robert Cumming Schenck, 
 Envoy Extraordinary and Minister Plenipt)tentiary to Great Britain ; Samuel 
 Nelson, an Associate Justice of the Supreme Court of the United States ; 
 Ebenezer Rockwood Hoar, of Massachusetts; and George Henry Williams, 
 of Oregon ; 
 
 And the said Plenipotentiaries, after having exchanged their full powers, 
 which were found to be in due and proper form, have agreed toan( 
 the following Articles : — 
 
 article I. 
 
 roncliided 
 
 Whereas differences have arisen between the Government of the United 
 States and the Government of Her Britannic Majesty, and still exist, 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 Commis- 
 sioners and Plenipotentiaries to express, in a friendly spirit, the regret felt by 
 Her Majesty's Government for the escape, under whatever circumstances, of 
 the Alabama and other vessels from British ports, and for the depredations 
 committed by those vessels : 
 
2 
 
 TREATY OF WASHINGTON. 
 
 Treaty helirem Her Majesty and the United States of America. 
 
 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 Government, the High Contract- 
 ing Parties agree that alt the said claims, growing out of acts committed by 
 the aforesaid vessels, and generally known as the " Alabama " claims, shall be 
 referred to a Tribunal of Arbitration to be composed of five Arbitrators to be 
 appointed in the following manner, that is to say : one shall be named by Her 
 Britannic Majesty ; one shall be named by the President of the United States ; 
 His Majesty the King of Italy shall be requested to name one ; the President 
 of the Swiss Confederation shall be requested to name one ; and His Majesty 
 the Emperor of Brazil shall be requested to name one. 
 
 In the case of the death, absence, or incapacity to serve of any or either 
 of the said Arbitrators, or in the event of either of the said Arbitrators omit- 
 ting or de<'lining or ceasing to act as such, Her Britannic Majesty, or the 
 i'resident of the United States, or His Majesty the Kinar of Italy, or the 
 IVesident of the Swiss Confederation, or His Majesty the iJmperor of Brazil, 
 as the case may be, may forthwith name another person to act as Arbitrator 
 in the place and stead of the Arbitrator originally named by such head of a 
 State. 
 
 And in the event of the refusal or omission for two months after the 
 receipt 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 
 His Majesty the Emperor of Brazil, to name an Arbitrator either to fill the 
 original appointment or in the [dace of one who may have died, be absent or 
 incapacitated, or who may omit, decline, or from any cause cease to act a.* such 
 Arbitrator, His Majesty the King of Sweden and Norway shall be requested 
 to name one or more peroons, as the case may be, to act as such Arbitrator or 
 Arbitrators. 
 
 ARTICLE II. 
 
 The Arbitrators shall meet at Geneva, in Switzerland, at the earliest con- 
 venient day after they shall have been named, and shall proceed impartially 
 and carefully to examine and decide all questions that shall be laid before 
 them on the part of the Governments of Her Britannic Majesty and tbe 
 United States respectively. All questions considered by the Tribunal, includ- 
 ing the final award, shall be decided by a majority of all the Arbitrators. 
 
 Each of the High Contracting Parties shall also name one person to 
 attend the Tribunal as its Agent to represent it generally in all matters con- 
 nected with the arbitration. 
 
 ARTICLE III. 
 
 The written or printed ease of each of the two Parties, accompanied by 
 the documents, the official correspondence, and other evidence on which each 
 relies, shall be delivered in duplicate to each of the Arbitrators and to the 
 Agent of the other Party as soon as may be after the organization of the 
 
TREATY OF WASHINGTON. 
 
 a 
 
 Treaty between Her Majesty and the United States ttf America. 
 
 Tribunal, but within a period not exceeding six months from che date of the 
 exchange of the ratifications of this Treaty. 
 
 ARTICLE IV. 
 
 Within four months after the delivery on both sides of the written or printed 
 case, either Party may, in like manner, deliver in duplicate to each of the said 
 Arbitrators, and to the Agent of the other Party, a counter case and additional 
 documents, correapouilence and evidence, in reply to the case, documents, 
 correspondence and evidence, so presented by the other Party. 
 
 The Arbitrators may, however, extend the time for delivering such coun- 
 ter case, documents, corresi)ondence 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 speci- 
 tied or alluded to any report or document in its own exclusive possession with- 
 out annexing a copy, such Party shall be bound, if the other Party thinks 
 proper to apply for it, to furnish that Party with a coi»y thereof ; and either 
 Party may call upon the other, through the Arbitrators, to produce the ori- 
 ginals or certified copies of any papers adduced as evidence, giving in each 
 instance such reasonable notice as the Arbitrators may require. 
 
 ARTICLE v. 
 
 It shall be the duty of 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 Arbitrators and to the Agent 
 of the other Party a written or printed argument showing the points and refer- 
 ring to the evidence upon which his Government relies ; and the Arbitrators 
 may, if they desire further elucidation with regard to any point, require a 
 written or 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 the case may be. 
 
 ARTICLE VI. 
 
 In deciding the matters submitted to the Arbitrators they shall be 
 governed by the following three rules, which are agreed upon by the High 
 Contracting parties as rules to be taken as applicable to the case, and by such 
 principles of international 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 fitting out, arming or equipp- 
 ing, within its jurisdiction, of any vessel which it has reasonable ground to 
 believe is intended to cruize or to carry on war against a Power with which 
 it is at peace ; and also to use like diligence to prevent the departure from ita 
 H 
 
TREATY OF WASHINGTON. 
 
 Treaty between Her Majesty and the United States of America. 
 
 jurisdiction of any vessel intended to cruize or carry on war as above, such 
 vessel having been specially adapted, in whole or in part, within ruih juris- 
 diction, to warlike use. 
 
 Secondly : — Not to permit or suifer either belligerent to make 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 the 
 recruitment of men. 
 
 Thirdly : — To exereise due diligence in its own ports and waters, and, as 
 to all persons within its jurisdiction, to prevent any violation of the foregoing 
 obligations and duties. 
 
 Her Britannic Majesty has commanded Her High Commissioners and 
 Plenipotentiaries to declare that Her Majesty's (fovernment caimot assent to 
 the foregoing rules as a statement of principles of international law which 
 were in force at the time when the claims mentioned in Article I. arose ; but 
 that Her Majesty's Government, in order to evince its desire of strengthening 
 the friendly relations between the two countries and of making satisfactory 
 provision for the future, agrees that, in deciding the questions between the 
 two countries arising out of those claims, the Arbitrators should assume that 
 Her Marjesty's Government had undertaken lo act upon the principles set 
 forth in these rules. 
 
 And the High Contracting Parties agree to observe these rules as between 
 themselves in future, and to bring them to the knowledge of other maritime 
 Powers and to invite them to accede to them. 
 
 ARTICLE VII. 
 
 The decision of the Tribunal shall, if possible, be made within three 
 months from the close of the argument on both sides. 
 
 It shall be made in writing and dated, and shall be signed by the Arbi- 
 trators who may assent to it. 
 
 The said Tribunal shall first determine as to each vessel separately 
 whether Great Britain has, by any act or omission, failed to fulfil any of the 
 duties set forth in the foregoing three rules, or recognized by the principles 
 of international law not inconsistent with such rules, and shall certify such 
 fact as to each of the said vessels. In case the Tribunal find that Great 
 Britain has failed to fulfil any duty or duties as aforesaid, it may if it think 
 proper, proceed to award a sum in gross to be paid by Great Britain to the 
 United States for all the claims referred to it ; and in such case the gross sum 
 so awarded shall be paid in coin by the Government of Great Britain to the 
 Government of the United States at Washington within twelve months after 
 the date of the award. 
 
 The award shall be in duplicate, one copy whereof shall be delivered to 
 the Agent of Great Britain for his Government, and the other copy shall be 
 delivered to the Agent of the United Staten for his Government. 
 
TREATY OF WASHINGTON. 
 
 Treaty betireen Her Majesty and the United States <>/ America. 
 
 ARTICLE VIII. 
 
 Each Government slmll pay its own Agent and provide for the proper 
 remuneration of the Counsel employed by it, an<l of the Arbitrator appointed 
 l>y it, and for the expense of preparing and submitting its case to the Tribunal. 
 All other expenses connected with the arbitration shall be defrayed by the 
 two Governments in equal moieties. 
 
 ARTICLE IX. 
 
 The Arbitrators shall keep an accurate record of their jiroriodings, and 
 may appoint and employ the necessary officers to assist them. 
 
 'ARTICLE X. 
 
 In case the Tribunal iinds that (iroat Britain has failed to fultii any duty 
 or duties as aforesaid, and does not award a sum \u gross, tlio lligii Contracting 
 Parties agrof that a Board of Assessors shall be appointed to ascertain and 
 determine what claims arc valid, and what amount or amounts siiall lie paid 
 by (ireat Britain to the United States on account of tlie liability arising from 
 such failure as to each vcjsscl, according to the extent of such liability as 
 decided by the Arbitrators. 
 
 The Board of Assessors shall be constituted as follows: One member 
 thereof shall be named by Her Britamiic Majesty, one member thereof shall 
 be named by the ['resident of the United States, and one member thereof shall 
 be luimed by the Kopresentative at Washington of His Majesty the King of 
 Italy ; and in case ot a vacancy liappening from any <'au8e, it shall be tilled in 
 the same maimer in which the original appointment was made. 
 
 As soon as possible after such nominations the Board of Assessors shall be 
 organized in Washington with power to hold their sittings there, or in New 
 York, or in Boston. The mend)ers thereof shall severally subscribe a solemn 
 declaration that they will impartially ami carefully examine and decide, to 
 the best of their judgment and according to justice and ecpiity, all matters 
 submitted to them, and shall iorthwith proceed, under such riiles and regula- 
 tions as they may jirescribe, to the investigation of the claiuLs which shall be 
 presented to them by the Government of the U:,iited States, and shall examine 
 and «lecide upon them in such onler and manner as they may think pioper, 
 but upon such evidence or information oidy as shall be furnished by or on 
 behalf of the (Jovenmients of Great Britain and of the United States respec- 
 tively. They shall be bound to hear on each separate claim, if re(piiredi one 
 person on behalf of each Government as Counsel or Agent. A nnijority of 
 the Assessors in each case shall be sufficient for a decision. 
 
 The decision of the Assessors shall be given upon each claim in writing, 
 and shall be signed by them respectively, and dated. 
 
 Every claim shall be presented to the Assessors within six months from 
 the day of their first meeting ; but they may, for good cause shown, extend 
 the time for the presentation of any claim to a further period not exceeding 
 three months. 
 
TREATY OF WASHINGTON. 
 
 Treaty hetmen Her Majesty and the United States nf America. 
 
 The AssesHors shall roport to each Government, at or before the expira- 
 tion of one year from the date of their tir»t meeting, the amount of claims 
 decided by them up to the date of such report ; if further chiimH then remain 
 undecided, they shall make a further report at or before the expiration of two 
 years from the date ot such first roeetinir; and in case any claims remain 
 tindetermined at that time, they shall make a final report within a further 
 period of six monthH. 
 
 The report or reports shall be made in duplicate, and one copy thereof 
 shall be delivered to the Representative of Her Britannic Majesty at Washiiiir- 
 ton, and one copy thereof to the Secretary of State of the United States. 
 
 All sums of moiu'v which may be awarded under this Article shall be 
 payable at WaHlnngton, in coin, within twelve months after the delivery of 
 each report. 
 
 The Hoard of Assessors may employ sueh clerks as they shall think 
 necessary. 
 
 The ex| tenses of the Board of Assessors shall be borne equally by the 
 two Goveninients, and paid from time to time, as may be found expedient, on 
 the production of accounts certified by the Board. The remuneration of the 
 Assessors shall also be paid by the two Governments in etjual moieties in a 
 similar manner. 
 
 ARTICLE XI. 
 
 The High Contracting parties engage to consider the result of the pro- 
 ceedings ot the Tribunal of Arbitration and of the Board of Assessors, should 
 such Board be appointed, as a full, perfect, and final settlement of all the 
 clain^d hereinbefore referred to ; and fniTher engage that every such claim, 
 whether the same may or may not have been presented to the notice of, made, 
 preferred, or laid before the Trilnmul or Board, shall, from and after the con- 
 cliisioii of the proceedings of the Tribunal or Board, be considered and treated 
 as finally settled, barred, and tlienc(>forth inadmissible. 
 
 AUIKI.E XII. 
 
 The High Contracting Parties agree that all claims on tlie part of Cor- 
 porations, Ci>inpanies or private individuals, citizens of the United States, 
 npon the Government of tier Britannic Afajesty, arising out of acts committed 
 against the persons or property of citizens of the United States during the 
 period between the 13th of Ajtril, 18b'l, and the 9th of April, 18t)6, 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 exce]>tion, on the part of Cor- 
 porations, Comj»anies or private individuals, subjects of Iler 13ritannic 
 Majesty, upon the Government of the United States, arising out of acts com- 
 mitted against the persons or property of subjects of Her Britainuc Majesty 
 during the same period, which may have been presented to either Govern- 
 ment for its interposition with the other, and which yet remain unsettled, as 
 well as any other such claims which may be presented within the time 
 specified in Article XIV. of this Tre«ty, shall be referred to three Commis- 
 
TREATY OF WASHINGTON. 
 
 Treaty hetween Her Majesty and the rniteil Slates of America. 
 
 sioiierH, to bo appointed in the following manner, that is to say : — One Com* 
 misHMiner shall Ik- named by Her Britannic Miijt'sty, one by the PreBidmt of 
 the United States, and a third by Her Britannic \faj('8ty and the Tresidentof 
 the United States conjointly ; and in case the third CommisHionor Hhall not 
 have been so named within a period of three monthn from thi- date of the 
 exchange «>f the ratitications of this Treaty, then the third CommiHsioner 
 shall be named by the Representative at Washington of His Majostv the King 
 of Spain. In case of the death, absence or incapacity of any Commissioner, or 
 in the event of any Commissioner omittingor ceasing to act, the vacaiiey Hhall 
 be tilled in the manner hereinbefore provided for making the original a[»|)oint- 
 m<'nt, the period of three months in caseof rfuch sulistitution iieing calciilat«'»l 
 from the date of the happening of the vacancy. 
 
 The Commissioners 8() named shall meet at Washington at the tarliest con- 
 venient periotl after they have been respectively lamed ; and shall, Ix^fore pru- 
 eeediiiir to anv business, make and subscribe a solemn declaration that thev will 
 impartially and carefully examine and decide, to the best of their judgment, 
 and according to justice and e<[uity, all such claims as shall be laid before them 
 on the part of the Governments of Her Britannic Majesty, and ot the United 
 States, respectively : an<l such declaration shall be entered on the record of 
 their proceedings. 
 
 ARTICI,E xiir. 
 
 The Commissioners shall then forthwith proceed to the investigation of 
 the claims which shall be presented to them. They shall investigate and decide 
 such claims in such order and sueh manner as they may think proper, l)Ut upon 
 such evidence or information only as shall be furnished by or on helialf of their 
 respective Governments. They shall be bound to receive and consider all written 
 document or statements which may be presented to them by or on behalf of their 
 respective Governments in sufiport of, or in answer to, any claim : and to hear, 
 if required, one person on eacii side, on behalf of each (lovernment, ha Counsel 
 or Agent for such Government, on caeh and every separate claim. A majority 
 of the Commissioners shall be sufficient for an award in t'aeh ease. The award 
 shall be given upon each claim in writing, and shall he signeil by the Commis- 
 sioners assenting to it. , It shall be competent for each Government to name 
 one person to attend the Commissioners as its Agent to present and support 
 claims on its behalf, and tt) answer claims made upon it, and to reiiresent it 
 generally in all matters comiectcd with tlie investigation and decision thereof. 
 
 The High Contracting Parties hereby engage to consider the decision of 
 the Commissioners as absolutely fii'al and conch^sive upon each claim decided 
 upon by them and to give full eftect 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 tlieir first meeting, unless in any case where reasons for delay 
 
TRKATY OF WASHINGTON. 
 
 Treaty hetireen Her Majesty nnd the United States of America. 
 
 shall bo ustublishod to the Butiflthctioti of tho Commissioncrfl ; uiul then, and in 
 any Buch cnao, tho period for proHcntiii^ the claim may he extended by them 
 to any timo not excoo<ling three montlm longer. 
 
 Tho Commisrtionera Hhall l»e hound to examine and decide upon every claim 
 within two years from the day of their first meeting. It shall ho conjiiotont 
 for the Commissioners to decide in each case whctlicr any claim has or has 
 not been duly made, preferre<l, and laid before them, either wliolly or to any 
 and what extent, according to the true intent and meaning of this Treaty. 
 
 AKTICLE XV. 
 
 All sums of money which may ho awarded by the Commissioners on 
 acco\int of any claim shall be paid by the ono Government to the other, as tlie 
 case may be, witliin twelve months after the date of the final award, without 
 intere:*t, and without anv deduction save as specified in Article XVI. of this 
 Treaty. 
 
 ARTICLE XVI. 
 
 Tlio ('onimissionors hall keep an accurate record, and correct minutes or 
 notes of all their proceedings, with the dates thereof, and may appoint and 
 employ a Secretary, and any other necessary officer or officers, to assist them 
 in the transaction of the business which nuiy come before them, 
 
 Kach Govornmeiit shall pay its own Commissioner and Agent or 
 Counsel. All other expenses shall bo defrayed by the two (Governments in 
 e(|ual moieties. 
 
 The whole expenses of the Commission, including contingent expenses, 
 shall be defrayed ny a rateable reduction on the amount of the sums awarded 
 by tfic Commissioners, provided always that such deiluction shall not exceed 
 the rate of 6 per cent on the sums so awarded. 
 
 AKTICLE XVII. 
 
 The High Contracting Parties engage to consider the residt of the pro- 
 ceedings of this Commission as a full, pertect and final settlement of all such 
 claims as are mentioned in Article XII. of this Treaty upon either (lovern- 
 ment ; and further engage that every such claim, whether or not the same 
 may ha\ e been presented to the notice of, made, preferred, or laid before the 
 said Commission, shall, from and after the conclusion of the proceedings of 
 the said Commission, be considered and treated as finally settled, barred, and 
 thenceforth inadmissible. 
 
 ARTICLE XVIII. 
 
 It is agreed by the High Contracting Parties that, in addition to the 
 liberty secured to the United States' fishermen by the Convention between Great 
 liritain and the United States, signed at London on the 20th day of October, 
 1818, of taking, curing, and drying fish on certain coasts of the British North 
 American Colonies therein defined, the inhabitants of the United States shall 
 
TREATY OF WA8TIINQT0N. 
 
 Treaty hetu'een Ifer Majesty and the United States «/ Amirira. 
 
 liavo. ill common with the Huhjeotw of Uer Britannic- MajoHty, tlu* Hhorty, for the 
 term of yeniH mentioned in ArticK' XXXIII. of this Treaty, to take lish of 
 every kind, except ahell-fiHh. on the Hea-coastn and nhorert, and iii the hays, 
 harhourM, a»ul ereekH, of the Provinces of Cinehec, Nova Scotia, and New 
 BnitiBwick, and the ('» l(»ny of Prince Ktlward's Inhmd, and of the several 
 islands thereunto adjacent, without heing rotricted to any distance from the 
 shore, with permission to land upon the said coasts and sli<»res and islands, 
 and also upon the Magdalen Islands, for the purpose of drying their iictsand 
 curing' their fish ; provided tluit, in so (h)inj;, tliey do not interfere with tiie 
 riglits of jirivatt property, or witli Britisli llsheriucn, in the pcaccahle use of 
 any part ol' the said coasts in their occupancy for the same purpose. 
 
 It is understood that the ahove-njcntioi' 1 lihcrty applies solely to the 
 sea lislicry, and timi the salmon aiul >\nn\ tis'irries, and ail other tisheries in 
 rivers and the nnuiths of rivers, are herehy reserved exclusively U>r Hritish 
 iishetnien. 
 
 AHTICLE MX 
 
 Tt isagreed by tiie Ili^h C'ontractirig Piirtiosthaf l^ritisli sulijet-ts shall have, 
 in common witli the citizens of tiu» Uniti'd States, the lihertv, for the term of 
 years mentioned in Article XXXIII. of this Treaty, to take fish of every kind, 
 except shell fish on the eastern sea-coasts and shores of the lljiiied States north 
 of tlie thirty-ninth parallel of north latitude, aiul on the shores of tlie several 
 islands thereunto adjacent, and in tlie hays, harbours, and creeks of the said 
 sea-coasts and shores of the Tnited States and of the said islands, without 
 being restricted to any distance from the shore, with pi'rmission to land upon 
 the said coasts of the United States and of the islands aforesaid, fur the pur- 
 pose of drying their nets and curing their fish ; provided that, in so doing, 
 they do not interfere with the rights of private [)ropcrty, or with the fisher- 
 men of the United States, in the peaceable use of any part of the said (-(tasts in 
 their occupancy for the same purpose. 
 
 It is understood that the above mentioned liberty applies solely to the sea 
 iishery, and that sahiioii and sha<l fisheries, and all other lisheries in rivers 
 and mouths of rivers are hereby reserved exclusively for fishermen of the 
 Ignited States. 
 
 AUTICLK XX. 
 
 It is agreed that the pUces designated by the Commissioners appointed 
 under the first Article of the Treaty between Great Britaiji and the United 
 States, concluded at Washington on the 5th of June, 1854, upon the coasts of 
 the United States and Her Britannic Majesty's dominions, as plaees reserved 
 from the common right of fishing under tlvit Treaty, shall he regarded as in 
 like manner reserved from the common right of fishing under the i)receding 
 Articles. In case any question should arise between the Governments of Her 
 Britannic Majesty and of the United States as to the common right of fishing 
 in places not thus designated as reserved, it is agreed that a Commission shall 
 be appointed to designate such places, and shall be constituted in the same 
 manner, and have the same powers, duties, and authority as the Commission 
 appointed under the said first Article of the Treaty of the 5th of June, 1854. 
 
10 
 
 TREATY OF WASHINGTON. 
 
 Treaty hetween Hur Majesty and the United States of America. 
 
 ARTICLE XX r. 
 
 It is agreed that, for the term of years mentioned in Article XXXIII. of 
 this Treaty, lish oil and fish of all kinds, (except lish of the inland lakes, and 
 of the rivers falling into them, and excejit tish preserved in oil,) being the 
 produce of the fisheries of the United States or of the Dominion of Canada, or 
 of Prince Edward's Island, shall be admitted into each country, respectively, 
 free of duty. 
 
 ARTICLE xxir. 
 
 Inasmuch as it is asserted by the Government of Her Britannic Majesty that 
 the privileges accorded to the citizens of the United States under A rticle XVII I. 
 of this Treaty are of greater value than those accorded by Articles XIX. and XXI. 
 of this Treaty to the subjects of Her Britannic Majesty, and this asscM-tion is not 
 admitted by the Government of the United States ; it is further agreed that 
 Commissionerrf shall be appointed to determine, having regard to the privileges 
 accorded by the United States to the subjects of Her Britannic Majesty, as stated 
 in Articles XIX. and XXI. ofthisTreaty,theamountofany compensation which, 
 in their opinion, ought to be paid by the Government of the United States to the 
 Government of Her Britannic Majesty in returii for the privileges accorded to 
 the citizens of the United States under Article XVIII. of this Treaty ; and that 
 any sum of money which the said C ommissioners may so award shall be paid 
 by he United States Government, in a gross sum, within twelve months after 
 Buc'h award shall have been given. 
 
 ARTICLE XXIII. 
 
 The Commissioners referred to in the preceding Article shall be appointed 
 'u\ the following manner, that is to say : One Commissioner shall be named by 
 Her Britannic Majesty, one by the President of the United States, and a third 
 by Her Britannic Majesty and the President of the United States conjointly ; 
 and in case the third Commissionei' shall not have been so named within a 
 period of throe months from the date when this Article shall take effect, then 
 the third Commissioner shall bo 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 hereinbefore provided for making the original appointment, the period 
 of three months in case of such substitution being calculated from the date of 
 the happening of the vacancy. 
 
 The Commissioners so named shall meet in the city of Halifax, in the 
 Province of Nova Scotia, at the earliest convenient period after they 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 matter? 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. 
 
TREATY 01' WASHINGTON. 
 
 11 
 
 Treaty betoeen Her Majesty and the United States of America. 
 
 Each ot the High Contracting Parties shall also name one person to attend 
 the Commission as its agent, to represent it generally in all matters connected 
 with the Commission. 
 
 ARTICLK XXIV. 
 
 The proceedings shall be conducted in such order as the Commissioners 
 appointed under Articles X!XII. and -XXIII. of this Treaty sliall determine. 
 They shall be bound to receive such oral or written testimony as either Govern- 
 ment ma} present. If either party shall ofler oral testimony, the other Party 
 shall have the right of cross-examination under such 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 I'arty 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 as evidence, giving iti each 
 instance such reasonable notice as the Commissioners may retjuire. 
 
 The case on either side shall be closed within a period of six months from the 
 date of the organization of the Commission, and the Conmiissioners shall be 
 requested to give their award as soon as possible thereafter. The aforesaid 
 period of six months may be extended for three months in cat<c of a vacancy 
 occurring among the Commissioners under the circumstances contemplated in 
 Article XXIII. of this Treaty. 
 
 ARTICLE XXV. 
 
 The Commissioners shall k'3ep an accurate record and corrett Minutes or 
 notes of all tlieir proceeilings, with the dates thereof, and may apjioint and 
 employ a Secretary and any other necessary officer or otlicers to assist them in 
 the transaction of the business whicli may come before them. 
 
 Each of tlie High Contracting Parties shall pay its own Commissioner and 
 Agent or ('ounsel; all other exiicnses shall be defrayed by the two Govern- 
 ments in e(pial moieties. 
 
 ARTICLE XXVI. 
 
 The navigation of the River St. Lawrence, ascending and descending, 
 from fl;e forty-tilth parallel of north latitude, where it ceases to form the 
 boundjjry between the two countries, from, to and into the sea, shall for ever 
 remain free and open for the i»urposes of commerce to (he citizens of the 
 United States, subject to any laws and regulations of Great Uritain or of the 
 Dominion of Canada, not inconsistent with such privilege o\' tree navigation. 
 
 The navigation of the Rivers Yukon, Porcuitine, and Stikine, ascending 
 and descending from, to and into the sea, shall for ever remain free and open 
 for the purposes of commerce to the subje(;ts of Iler Britannic Majesty and to 
 the citizens of the Uinted States, subject to atiy laws and regulations of either 
 country within its own territory, not inconsistent with such privilege of free 
 uavigaiion. 
 
12 
 
 TREATY OF WASHINGTON. 
 
 Treaty bettreen Her Majesty and the United States of nAmerica. 
 
 ARTICLE XXVII. 
 
 The Government of Her Britannic Majesty engages to urge upon tlie 
 Government of the Dominion of Canada to secure to the citizens of the United 
 States the use of the Weiland, St. Lawrence, and other canals in the Dominion 
 on terms of equality with the inhabitants of the Dominion ; and the Govern- 
 ment of the United States engages that the subjects of Iler Britannic Majesty 
 shall enjoy the use of the St. Clair Flats Canal on terms of e(|uality with the 
 inhabitants of tlie United States, and further engages to urge upon the State 
 Governments to secure to the subjects of Her Britannic Majesty the use of the 
 several State canals connected with ttie navigation of the lakes or rivers tra- 
 versed by or contiguous to the boundary line between the possessions of the 
 High Contracting Parties, on terms of equality with the inhabitants of the 
 United States. 
 
 ARTICLE XXVIII. 
 
 The navigation of Lake Michigan shall also, for the term of years mentioned 
 in A rticle XXXI IL of this Treaty, be tree and open for the purposes of commerce 
 to the subjects of Her Britannic Majesty, subji'ct to any laws and regulations ot 
 the United States or of the States bordering thereon not inconsistent with 
 such privilege of free navigation. 
 
 ARTICLE XXIX. 
 
 It is agreed that, for llie term of vcars mentioned in Article XXXllI. of 
 this Treaty, goods, wares, or merchandise arriving at the jtorts of New York, 
 Boston, and Portland, and any other ])orts in the United States which have 
 been or may from time to time be sitecially designated by the President of 
 the Uniti'd States, and destined for Her Britannic Majesty's Possessions in 
 North America, may be entered at the proper 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 pres- 
 cribe ; and, under like rules, regulations, and conditions, goods, wares, or 
 merchamlise may be conveyed in transit, without the payment of duties, from 
 such I'ossessions through the territory of the United States tor export from 
 the said ports of the United States. 
 
 It is further agreed that for the like period, goods, wares, or merchandise 
 arriving at any of the ports of Her Britannic Majesty's Possessions in North 
 America and destined !br the United States ra:iy be entered at the proper 
 Custom-house and conveyed in transit without the payment of duties, through 
 the said Possessions, under such rules find regulations, and conditions for the 
 protection of the revenue, as the Governments of the saitl Possessions may 
 from time to time prescribe ; and under like rules, regulations, and conditions, 
 goods, wares, or merchandise may be conveyed in transit, without payment of 
 duties, from the United States through the said Possessions to other places in 
 the United States, or for export from ports in the said Possessions. 
 
TREATY OF WASHINGTON. 
 
 13 
 
 Treaty between Her Majesty and the United States of America. 
 
 ARTICLE XXX. 
 
 It is agreed that, for the term of years mentioned in Article XXXIII. of 
 this Treaty, subjects of Her Britannic Majesty may i-arry in British vessels, 
 withoutpaymentof duty, goods, •vares, or merchandise from one port or place 
 within the territory of the United States upon the St. Lawrence, the Oreat 
 Lakes, 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 matle through the Dominion of Canada by land carriage and 
 in bond, under such rules and regulations as maybe agreed upon between the 
 Government of Her Britaunii- Majesty and the Government of the United 
 States. 
 
 Citizens of the United States may for the like period carry in United 
 States vessels, without payment of duty, goods, wares, or merchandise from 
 one i»ort or place within the Possessions of ller Britannic Majesty in North 
 America, to another i»ort or place within the said Possessions : Provided, that 
 a portion of such transportation is made through the territory of the United 
 States l»v land carriaij'e and in bond, under such rules and reir'dations as may 
 be agreed ui»on between the Government of the United States anvl the Govern- 
 ment of Her Britannic Majesty 
 
 The Government of the United States further engages not to impose any 
 export duties on goods, wares, or merchandise carried under this Article 
 through the territory of the United States ; and Her Nlajjesty's Government 
 engages to urge the Parliament of the Dominion of Canada and the Legisla- 
 tures of the other Colonies not to impose any export duties on goods, wares, 
 or merchandise carried u!uler this Article; and the Government of the United 
 States may, in case such export duties are imposed by the Dominion of 
 Canada, suspend, during the period that such duties are imposed, the right of 
 carrying granted under this Arti'le in favour of the subjects of Her Brita)mio 
 Majesty. 
 
 The Government of the United States may suspend the right of carrying 
 granted in favour of the subjects of Her Britannic Majesty under this Article 
 in case the Dominion of Canada should at any time def)rive the citizens of the 
 United States of the use of the canals in the said Dominion on terms of 
 equality with the inhabitants of the 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 on lumber or 
 timber of any kind cut on that portion of the American territory in tb ^ State 
 of Maine watered by the river St. 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. And in case any such export or other duty 
 continues to be levied after the expiration of one year from the date of the 
 exchanf of the ratifications of this Treaty, it is agreed that the Government 
 
14 
 
 TREATY OF WASHINGTON. 
 
 Treaty between Her Majesty and the United States of America. 
 
 of the United States may suspend the right of carrying hereinbefore i^ranted 
 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 this Treaty, inclusive, shall extend to the Colony of Newfound- 
 land, so far as they are applicable. But if the Imperial Parliament, the 
 Legislature of Newfoundland, or the Congress of the United States, shall not 
 embrace the Colony of Newfoundland in their laws enacted for carrying the 
 foregoing Articles into effect, then this Article shall be of no effect ; but the 
 omission to make provision by law to give it eftV > t, by either of the Legisla- 
 tive Bodies aforesaid, shall not in any way impair any other Articles of this 
 Treaty. 
 
 ARTICLE XXXIIi. 
 
 The foregoing Articles XVI II. 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 Prince 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 opera- 
 tion, and further, until the expiration of two years after either of the Iligh 
 Contracting Parties shall have given notice to the othei- of its wish to 
 terminate the same ; each of the High Contractuig Parties being 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 stipulated by Article I. of the Treaty concluded at Wash- 
 ington on the loth of June, 1846, between Her Britannic Majesty and the 
 United States, that the line of boundary between the territories of the United 
 States and those of ller Britannic Majesty, 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 the Pacific Ocean ;" and whe oas the Commissionero appointed by the two 
 Hiu:h Contracting Parties to determine that portion of the boundary which 
 runs southerly through the middle of the channel aforesaid were unable to 
 aii'iee upon the same ; and whereas the Government of Her Britannic Majesty 
 claims that such boundary line should, under the terms of the Treaty above 
 recited, be xun 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 
 
TREATY OF WASHINGTON. 
 
 15 
 
 Treaty between Her Majesty and the United States of America. 
 
 and award of His Majesty the Emperor of Germany, who, havinir reirard to 
 the above mentioned Article of the said Treaty, shall decide thereupon, finally 
 and without ai^peal, 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 consideied 
 as absolutely final and conclusive ; and full efifect shall be iriven to such award 
 without any objection, evasion, or delay whatsoever. Such decision shall be 
 yiven in writinir and dated ; it shall be in whatsoever form His Majesty may 
 choose to adopt ; it shall be delivered to the Representatives or other public 
 Ayents of Great Britain and of the United States respectively, who may be 
 actually at Berlin, and shall be considered as operative from the day of the 
 date ot the delivery thereof. 
 
 ARTICLE XXXV I. 
 
 The written or printed case of each of the two Parties, accompanied by 
 the evidence offered in supjiort of the same, shall be laid before His Majesty 
 the Emperor of Germany within six months from the date of the exchani>;e of 
 the ratifications of this Treaty, and a copy of such case and evidence shall be 
 communicated by each Party to the other, through their resfiective Repre- 
 sentatives at Berlin. 
 
 The Hisjh Contracting Parties may include in the evidence to be consi- 
 dered by the Arbitrator, such documents, official correspondence, and other 
 oflicial 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 have 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 thii.k fit to do so, 
 in reply to the case of the other Party so communicated, which definite state- 
 ment shall be so laid before the Arbitrator, and also be mutually communicated 
 in tlie 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. 
 
 ation 
 
 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 annex- 
 ing a copy, such Party shall be bound, if the other Party thinks proper to apply 
 for it, to furnish that I'arty 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 evidence, giving in eai'h 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 state- 
 
16 
 
 TREATY OF WASHINGTON. 
 
 Treaty between Her Majesty and the United States of America. 
 
 ments 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 each Party, in relation 
 to any matter, and at such time, and in such manner, as be may think fit. 
 
 ARTICLE XXXVIir. 
 
 The Representatives or other public Agents of Great Britain and of the 
 United States at Berlin respectively, shall be considered as the Agents of their 
 resjtective Governments to conduct their cases before the Arbitrator, who shall 
 be requested to address all his communications, 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. 
 
 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 written 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 otlier 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 Govern- 
 ments in equal moieties. 
 
 ARTICLE >LIL 
 
 The Arbitrator ahall be requested to give his award in writing as early as 
 con /enient 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 the President of the United States of America, by and with 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. 
 
TREATY OF WASHINGTON. 
 
 If 
 
 Treaty between Her Majesty and the United States of America. 
 
 Tn faith whereof, we, the respective rienipotentiaries, 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 seventy-one. 
 
 (L.S.) De Grey and Ripon. 
 
 (LS.) Stafford H. Northcote. 
 
 (L.S.) Edwd. Thornton. 
 
 (L.S.) John A. Macdonald 
 
 (L.S.) MouNTAGUE Bernard. 
 
 (L.S.) Hamilton Fish. 
 
 (L.S.) RoBT. C. Schenck. 
 
 (L.S.) Samuel Nelson. 
 
 (L.S.) Ebenezer Rockwood Hoar. 
 
 (L.S.) Geo. H. Williams. 
 
 OTTAWA 
 
 R..|.rint.Ml from Ui." Statut.. Ro„k of HStti Victoria (IS72) l.y Samiki, Edwakd F)awson 
 Jjiiw J riiiter to thu (iiu!iai'.s inont Kxcelleiit \[iij««ty. ' 
 
 said 
 
 %