Art. 1. 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 commissioners 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; 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 contracting parties agree that all the said claims growing out of acts committed by the aforesaid vessels, and generally known as the
Ala-
bama 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 the
President of the
United States, one shall be named by her Britannic Majesty, his Majesty the
King of
Italy shall be requested to name one, the
President of the
Swiss Confederation shall be requested to name one, and his Majesty
the Emperor of
Brazil shall be requested to name one.
In case of death, absence, or incapacity to serve, of either of the said arbitrators, or in the event of either of the said arbitrators omitting, or declining, or ceasing to act as such, the
President of the
United States, or her Britannic Majesty, or his Majesty the
King of
Italy, or the
President of the
Swiss Confederation, or his Majesty
the Emperor 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 State; and in the event of
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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 place of one who may have died, be absent, or incapacitated, or who may omit, decline, or from any cause cease to act as such arbitrator, his Majesty the
King of
Sweden and
Norway shall be requested to name one or more persons, as the case may be, to act as such arbitrator or arbitrators.
Art. 2. The arbitrators shall meet at
Geneva, in Switzerland, at the earliest day convenient 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 the
United States and her Britannic Majesty respectively.
All questions considered by the tribunal, including the final award, shall be decided by a majority of all the arbitrators.
Each of all of the high contracting parties shall also name one person to attend the tribunal as its agent to represent it generally in all matters connected with the arbitration.
Art. 3. The written or printed case 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 tribunal, but within a period not exceeding six months from the date of the exchange of the ratification of this treaty.
Art. 4. 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, correspondence, and evidence, in reply to the other party.
The arbitrators may, however, extend the time for delivering such counter-case, documents, correspondence, and evidence, when, in their judgment, it becomes necessary, in consequence of the distance of the place from which the evidence to be presented is to be procured.
If, in the case submitted, any report or document in the exclusive possession of any party be omitted, 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 arbitrators, to produce the originals or certified copies of any papers adduced as evidence, giving in each instance such reasonable notes as the arbitrators may require.
Art. 5. 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 referring 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.
Art. 6. In deciding the matters submitted to the arbitrators, they shall be governed by the following three 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 equipping, within its jurisdiction, of any vessel which it has reasonable ground to believe is intended to cruise 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 its jurisdiction of any vessel intended to cruise or carry on war as above, such vessel having been specially adapted, in whole or in part, within such jurisdiction, to warlike use; second, not to permit or suffer 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; third,
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to exercise 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 government cannot 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 Art. 1 arose, but that her Britannic 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 Majesty's government had undertaken to act upon the principles set forth in these rules, and the high contracting parties agree to observe these rules between themselves in future, and to bring them to the knowledge of other maritime powers, and to invite them to accede to them.
Art. 7. 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 arbitrators 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 the
United States for his government; and the other copy shall be delivered to the agent of
Great Britain for his government.
Art. 8. Each government shall pay its own agent, and provide for the proper remuneration of the counsel employed by it, and of the arbitrator appointed by 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.
Art. 9. The arbitrators shall keep an accurate record of their proceedings, and may appoint and employ the necessary officers to assist them.
Art. 10. In case the tribunal finds that
Great Britain has failed to fulfil any duty or duties, as aforesaid, and does not award a sum in gross, the high contracting parties agree that a board of assessors shall be appointed to ascertain and determine what claims are valid, and what amount or amounts shall be paid by
Great Britain to the
United States on account of the liability arising from such failure as to each vessel, 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 the
President of the
United States, one member thereof shall be named by her Britannic Majesty, one member thereof shall be named by the representative at
Washington of his Majesty the
King of
Italy; and, in case of a vacancy happening from any cause, it shall be filled in the same manner 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 members thereof shall severally subscribe a solemn declaration that they will impartially and carefully examine and decide, to the best of their judgment, and according to justice and equity, all matters submitted to them, and shall forthwith proceed, under such rules and regulations as they may prescribe, to the investigation of the claims which shall be presented to them by the government of the
United States, and shall examine and decide upon them in such order and manner as they may think proper, but upon such evidence or information only as shall
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be furnished by or on behalf of the governments of
Great Britain and of the
United States respectively.
They shall be bound to hear on each separate claim, if required, one person on behalf of each government as counsel or agent.
A majority of the assessors in each case shall be sufficient for a decision.
The decision of the assessors shall be given upon such 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. The assessors shall report to each government, at or before the expiration of one year from the date of their first meeting, the amount of claims decided by them up to the date of such report.
If further claims then remain undecided, they shall make a further report at or before the expiration of two years from the date of such first meeting; and in case any claims remain undetermined at that time, they shall make a final report within a further period of six months. The report shall be made in duplicate, and one copy thereof shall be delivered to the
Secretary of State of the
United States, and one copy thereof to the representative of her Britannic Majesty at
Washington.
All sums of money which may be awarded under this article shall be payable at
Washington, in coin, within twelve months after the delivery of each report.
The board of assessors may employ such clerks as they shall think necessary.
The expenses of the board of assessors shall be assumed equally by the two governments, 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 equal moieties in a similar manner.
Art. 11. The high contracting parties engaged to consider the result of the proceedings of 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 claims hereinbefore referred to, and further 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 tribunal or board, shall, from and after the conclusion of the proceedings of the tribunal or board, be considered and treated as finally settled, barred, and thenceforth inadmissible.
Claims of British subjects.
Art. 12. The high contracting parties agree that all claims on the part of corporations, companies, or private individuals—citizens of the
United States—upon the government of her Britannic Majesty arising out of acts committed against the persons or property of citizens of the
United States during the period between April 13, 1861, and April 9, 1865, inclusive (not being claims growing out of the acts of the vessels referred to in Art. 1 of this treaty), and all claims, with the like exception on the part of corporations.
companies, or private individuals, subjects of her Britannic Majesty, upon the government of the
United States arising out of acts committed against the persons or property of subjects of her Britannic Majesty during the same period, which may have been presented to either government 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 Art. 14 of this treaty, shall be referred to three commissioners, to be appointed in the following manner—that is to say, one commissioner shall be named by the
President of the
United States, one by her Britannic Majesty, and the third by the
President of the
United States and her Britannic Majesty conjointly; and in case the third commissioner shall not have been so named within a period of three months from the date of the exchange of the ratification of this treaty, then the third commissioner shall be named by the representative at
Washington of his Majesty the
King of
Spain.
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
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date of the happening of the vacancy.
The commissioners so named shall meet at
Washington at the earliest convenient period after they have been respectively named, and shall, before proceeding to any business, make and subscribe a solemn declaration that they will impartially and carefully examine and decide, to the best of their judgment and according to justice and equity, all such claims as shall be laid before them on the part of the governments of the
United States and her Britannic Majesty, respectively, and such declarations shall be entered on the record of their proceedings.
Art. 13. 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 such manner as they may think proper, but upon such evidence or information only as shall be furnished by or on behalf of the respective governments.
They shall be bound to receive and consider all written documents or statements which may be presented to them by or on behalf of the respective governments, in support of or in answer to any claim, and to hear, if required, one person on each side on behalf of each government, as counsel or agent for such government, on each and every separate claim.
A majority of the commissioners shall be sufficient for an award in each case.
The award shall be given upon each claim in writing, and shall be signed by the commissioners assenting to it. It shall be competent for each government to name one person to attend the commissioners as its agent, to present and support claims on its behalf, and to answer claims made upon it, and to represent it generally in all matters connected with the investigation and decision thereof.
The high contracting parties hereby engage to consider the decision of the commissioners as absolutely final and conclusive upon each claim decided upon by them, and to give full effect to such decisions, without any objection, evasion, or delay whatsoever.
Art. 14. Every claim shall be presented to the commissioners within six months from the day of their first meeting, unless in any case where reasons for delay shall be established to the satisfaction of the commissioners, and in any such case the period for presenting the claim may be extended by them to any time not exceeding three months longer.
The commissioners shall be bound to examine and decide upon every claim within two years from their first meeting.
It shall be competent for the commissioners to decide in each case, whether any claim has or has not been made, preferred, and laid before them, either wholly or to any and what extent, according to the true intent and meaning of this treaty.
Art. 15. All sums of money which may be awarded by the commissioners on account of any claims shall be paid by the one government to the other, as the case may be, within twelve months after the date of the final award, without interest, and without any deduction, save as specified in Art. 16 of this treaty.
Art. 16. The commissioners shall keep an accurate record and correct minutes, or notes, of all their proceedings, with the dates thereof, and may appoint and employ a secretary, and any other necessary officer or officers, to assist them in the transaction of the business which may come before them.
Each government shall pay its own commissioner, and agent, or counsel.
All other expenses shall be defrayed by the two governments in equal moieties.
The whole expenses of the commission, including contingent expenses, shall be paid by a ratable deduction on the amount of the sums awarded by the commissioners: Provided always that such deduction shall not exceed the rate of 5 per cent. on the sums so awarded.
Art. 17. The high contracting parties engage to consider the result of the proceedings of this commission as a full, perfect, and final settlement of all such claims as are mentioned in Art. 12 of this treaty upon either government, and further engage that every such claim, whether or not the same may have been presented to the notice of, made “preferred” or laid before the said commission, shall, from and after the conclusion of the proceedings of said commission, be considered, and treated as finally settled, barred, and thenceforth inadmissible.
the fisheries.
Art. 18. It is agreed by the high contracting parties that, in addition to the
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liberty secured to the
United States fishermen by the convention between the
United States and
Great Britain, signed at
London, on Oct. 20, 1818, of taking, curing, and drying fish on certain coasts of the
British North American colonies, therein defined, and inhabitants of the
United States shall have, in common with the subjects of her Britannic Majesty, the liberty, for the term of years mentioned in Art. 33 of this treaty, to take fish of every kind, except shell-fish, on the seacoasts and shores, and in the bays, harbors, and creeks of the provinces of
Quebec,
Nova Scotia, and
New Brunswick, and the colony of Prince Edward's Island, and of the several islands thereunto adjacent, without being restricted to any distance from the shore, with permission to land upon the said coasts, and shores, and islands, and also upon the
Magdalen Islands, for the purpose of drying their nets and curing their fish: Provided that in so doing they do not interfere with the rights of private property, or with the
British fishermen in the peaceable use of any part of the said coasts in their occupancy for the same purpose.
It is understood that the above-mentioned liberty applies solely to the sea fishery, and that the salmon and shad fisheries, and all other fisheries in rivers and the mouth of rivers, are hereby reserved exclusively for British fishermen.
Art. 19. It is agreed by the high contracting parties that British subjects shall have, in common with the citizens of the
United States, the liberty, for the term of years mentioned in Art. 33 of this treaty, to take fish of every kind, except shell-fish, on the eastern sea-coast and shores of the
United States north of the 39th parallel of north latitude, and on the shores of the several islands thereunto adjacent, and in the bays, harbors, and creeks of the said sea-coasts and shores of the
United States, and of the said islands, without being restricted to any distance from the shore, with permission to land upon the said coasts of the
United States and of the islands aforesaid, for the purpose of drying their nets and curing their fish: Provided that in so doing they do not interfere with the rights of private property, or with the fishermen of the
United States in the peaceable use of any part of said coasts in their occupancy for the same purpose.
It is understood that the above-mentioned liberty applies solely to the sea fishery, and that the salmon and shad fisheries, and all other fisheries in rivers and mouths of rivers, are hereby reserved exclusively for fishermen of the
United States.
Art. 20. It is agreed that the places designated by the commissioners appointed under the first article of the treaty between the
United States and
Great Britain, concluded at
Washington on June 5, 1854, upon the coasts of her Britannic Majesty's dominions and of the
United States, as places reserved from the common right of fishing under that treaty, shall be regarded as in like manner reserved from the common right of fishing under the preceding articles.
In case any question should arise between the governments of the
United States and of her Britannic Majesty as to the common right of fishing in places not thus designated as reserved, it is agreed that a commission shall be appointed, to designate such places, and shall be constituted in the same manner, and have the same powers, duties, and authorities as the commission appointed under the said first article of the treaty of June 5, 1854.
Art. 21. It is agreed that, for the term of years mentioned in Art. 33 of this treaty,
fish-oil and fish of all kinds, “except fish of the inland lakes and of the rivers falling into them, and except fish preserved in oil,” being the produce of the fisheries of the
United States, or of the Dominion of
Canada, or of Prince Edward's Island, shall be admitted into each country, respectively, free of duty.
Art. 22. Inasmuch as it is asserted by the government of her Britannic Majesty that the privileges accorded to the citizens of the
United States, under Art. 18 of this treaty, are of greater value than those accorded by Arts.
19 and 21 of this treaty to the subjects of her Britannic Majesty, and this assertion is not admitted by the government of the
United States, it is further agreed that commissioners shall be appointed to determine, having regard to the privileges accorded by the
United States to the subjects of her Britannic Majesty, as stated in Arts.
19 and 21 of this treaty, the amount of
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any compensation which, in their opinion, ought to be paid by the government of the
United States to the government of her Britannic Majesty, in return for the privileges accorded to the citizens of the
United States under Art. 18 of this treaty; that any sum of money which the said commissioners may so award shall be paid by the United States government in a gross sum within twelve months after such award shall have been given.
Art. 23. The commissioners referred to in the preceding article shall be appointed in the following manner—that is to say: One commissioner shall be named by the
President of the
United States, one by her Britannic Majesty, and a third by the
President and her Britannic Majesty conjointly; and, in case the third commissioner shall not have been so named within a period of three months from the date when this act shall take effect, then the third commissioner shall be named by the representative at
London of his Majesty,
the Emperor of
Austria and
King of
Hungary.
In case of the death, 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 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.
Each of the high contracting powers shall also name one person to attend the commission as his agent, to represent it generally in all matters connected with the commission.
Art. 24. The proceedings shall be conducted in such order as the commissioners appointed under Arts.
22 and 23 of this treaty shall determine.
They shall be bound to receive such oral or written testimony as either government may present.
If either party shall offer 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 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 as evidence, giving in each instance such reasonable notice as the commissioners may require.
The case on either side shall be closed within a period of six months from the date of the organization of the commission; and the commissioners 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 case of a vacancy occurring among the commissioners under the circumstances contemplated in Art. 23 of this treaty.
Art. 25. The commissioners shall keep an accurate record and correct minutes, or notes, of all their proceedings, with the dates thereof, and may appoint and employ a secretary, and any other necessary officer or officers to assist them in the transaction of the business which may come before them.
Each of the high contracting parties shall pay its own commissioner and agent or counsel; all other expenses shall be defrayed by the two governments in equal moieties.
Art. 26. The navigation of the river
St. Lawrence, ascending and descending from the 45th parallel of north latitude, where it ceases to form the boundary between the two countries, from, to, and into the sea, shall forever remain free, and open for the purposes of commerce to the citizens of the
United States, subject to any laws and regulations of
Great Britain or of the Dominion of
Canada, not inconsistent with such privilege of free navigation.
The navigation of the rivers Yucan,
Porcupine, and
Stikine, ascending and descending from, to, and into the sea,
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shall forever remain free and open for the purposes of commerce to the citizens of both powers, subject to any laws and regulations of either country within its own territory, not inconsistent with such privilege of free navigation.
Art. 27. The government of her Britannic Majesty engages to urge upon the government of the Dominion of
Canada to secure to the citizens of the
United States the use of the
Welland, St. Lawrence, and other canals in the Dominion, on terms of equality with the inhabitants of the Dominion, and the government of the
United States engages that the subjects of her Britannic Majesty shall enjoy the use of the St. Clair Flats Canal uon terms of equality with the citizens of the
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 the navigation of the lakes or rivers traversed 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.
Art. 28. The navigation of
Lake Michigan shall, also, for the term of years mentioned in Art. 33 of this treaty, be free and open, for the purposes of commerce, to the subjects of her Britannic Majesty, subject to any laws and regulations of the
United States, or of the States bordering thereon, not inconsistent with such privilege or free navigation.
Art. 29. It is agreed that, for the term of years mentioned in Art. 33 of this treaty, goods, wares, or merchandise, arriving at the ports of New York,
Boston, and
Portland, and any other ports of the
United States, which have been or may from time to time be specially designated by the
President of the
United 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 revenues as the government of the
United States may from time to time prescribe, and under like rules, regulations, and conditions, goods, wares, or merchandise may be conveyed in transit, without the paymeant of duties, from such possessions through the territory of the
United States for export from the said ports of the
United States.
It is further agreed that, for the like period, goods, wares, or merchandise, arriving at any of the ports of her Britannic Majesty's possessions in
North America, and destined for the
United States, may be entered at the proper custom-house and conveyed in transit, without the payment of duties, through the said possessions, under such rules and regulations and conditions for the protection of the revenue as the government of the said 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 said possessions to other places in the
United States, or for export from ports in the said possessions.
Art. 30. It is agreed that for the term of years mentioned in Art. 33 of this treaty, subjects of her Britannic Majesty may carry in British vessels, without payment of duties, goods, wares, or merchandise, from one port or place within the territory of the
United States, upon the
St. Lawrence, the
Great Lakes, and the rivers connecting the same, to another port or place, within the territory of the
United States as 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 upon between the government of her Britannic Majesty and the government of the
United States.
Citizens of the
United States may for the like period carry in
United States vessels, without payment of duty, goods, wares, or merchandise, from one port or place within the possessions of her Britannic Majesty in
North America to another port or place within the said possessions: Provided that a portion of such transportation is made through the territory of the
United States by land-carriage, and in bond, under such rules and regulations as may be agreed upon between the government of the
United States and the government of her Britannic Majesty.
The government of
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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 Britannic Majesty's government engages to urge the Parliament of the Dominion of
Canada, and the legislatures of the other colonies, not to impose any export duties on goods, wares, or merchandise carried under this article.
And the government of the
United States may, in case such export duties are imposed by the Dominion of
Canada suspend, during the period that such duties are imposed, the right of carrying granted under this article in favor of the subjects of her Britannic Majesty.
The government of the
United States may also suspend the right of carrying granted in favor of the subjects of her Britannic Majesty, under this article, in case the Dominion of
Canada should at any time deprive the citizens of the
United States of the use of the canals in said Dominion on terms of equality with the inhabitants of the Dominion, as provided in Art. 27.
Art. 31. 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 or other duty shall be levied on lumber or timber of any kind cut on that portion of the
American territory in the
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 he levied after 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
United States may suspend the right of carrying hereinbefore granted under Art. 30 of this treaty for such period as such export or other duty may be levied.
Art. 32. It is further agreed that the provisions and stipulations of Arts.
18 to 25 of this treaty, inclusive, shall extend to the colony of
Newfoundland, 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 effect, by either of the legislative bodies aforesaid, shall not in any way impair any other articles of this treaty.
Art. 33. The foregoing articles, 18 to 25, inclusive, and Art. 30 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 operation; and further, until the expiration of two years after either of the high contracting parties shall have given notice to the other of its wish to terminate the same; each of the high contracting 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.
the
Northern boundary.
Art. 34. Whereas it was stipulated by Art. 1, of the treaty concluded at
Washington on June 15, 1846, between the
United States and her Britannic Majesty, that the line of boundary between the territory of the
United States and those of her Britannic Majesty, from the point of the 49th 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 along the middle of the said channel, and of Fuca Strait to the
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 government of her Britannic Majesty claims that such boundaryline should, under the terms of the treaty above recited, be run through the
Rosario Straits, and the government of
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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 abovementioned 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.
Art. 35. The award of his Majesty
the Emperor of
Germany shall be considered as absolutely final and conclusive, and full effect shall be given to such award, without 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 the
United States and of
Great Britain, respectively, who may be actually at
Berlin, and shall be considered as operative from the day of the date of the delivery thereof.
Art. 36. The 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 six months from the date of the exchange of the ratification of this treaty, and a copy of such case and evidence shall be communicated by each party to the other through their respective representatives at
Berlin.
The high contracting powers may include in the evidence to be considered by the arbitrator such documents, official 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 have been communicated by each party to the other, each party shall have the power of drawing up and laying before the arbitrators a second and definite 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.
Art. 37. 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 call 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 statements laid before him, he shall be at liberty to require it from either party, and 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 may think fit.
Art. 38. The representatives or other public agents of the
United States and
Great Britain at
Berlin, respectively, shall be considered as the agents of their respective 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 arbitration.
Art. 39. 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.
Art. 40. 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 said arbitration, shall be provided for as hereinafter stipulated.
Art. 41. The arbitrator shall be requested to deliver, together with his award, an account of all the costs and expenses which
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he may have been put to in relation to this matter, which shall forthwith be paid by the two governments in equal moieties.
Art. 42. The arbitrator shall be requested to deliver his award in writing as early as convenient after the whole case on each side shall be laid before him, and to deliver one copy thereof to each of the said agents.
Art. 43. The present treaty shall be duly ratified by the
President of the
United States of America, and by and with the advice and consent of the Senate thereof, and by her Britannic Majesty; and the ratifications shall be exchanged, either at
Washington or at
London, within six months from the date hereof, or earlier if possible.
In faith whereof, we, the respective plenipotentiaries, have signed this treaty, and have hereunto affixed our seals.
Done in duplicate at
Washington the 8th day of May, in the year of our Lord 1871.
