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States as to the common right of fishing effect, then the third Commissioner shall in places not thus designated as reserved, be named by the representative at London it is agreed that a Commission shall be of His Majesty the Emperor of Austria appointed to designate such places, and and King of Hungary. In case of the shall be constituted in the same manner, death, absence, or incapacity of any Comand have the same powers, duties, and missioner, or in the event of any Comauthority as the Commission appointed missioner omitting or ceasing to act, the under the said first Article of the Treaty vacancy shall be filled in the manner of the 5th of June, 1854.
herein before provided for making the
original appointment, the period of three ARTICLE XXI.
months in case of such substitution being
calculated from the date of the happening It is agreed that for the term of years
of the vacancy. The Commissioners so mentioned in Article XXXIII. of this
named shall meet in the city of Halifax, Treaty,fish, oil, and fish of all kinds (except
in the Province of Nova Scotia, at the fish of the inland lakes, and of the rivers falling into them, and except fish pre
earliest convenient period after they have
been respectively named, and shall, before served in oil), being the produce of the fisheries of the United States, or of the
proceeding to any business, make and sub
scribe a solemn declaration that they will Dominion of Canada, or of Prince Ed.
impartially and carefully examine and ward's Island, shall be admitted into each
decide the matters referred to them to the country respectively free of duty.
best of their judgment, and according to
justice and equity; and such declaration ARTICLE XXII.
shall be entered on the record of their Inasmuch as it is asserted by the Go- proceedings. Each of the High Con. vernment of Her Britannic Majesty that tracting Parties shall also name one perthe privileges accorded to the citizens of the son to attend the Commission as its agent, United States under Article XVII. of this to represent it generally in all matters Treaty are of greater value than those connected with the Commission. accorded by Articles XIX. and XXI, of this Treaty to the subjects of Her Britannic
ARTICLE XXIV. Majesty, and this assertion is not admitted by the Government of the United States; The proceedings shall be conducted in it is further agreed that Commissioners
Commissioners appointed shall be appointed to determine, having
such order as the
under Articles XXII. and XXIIL of this regard to the privileges accorded by the Treaty shall determine. They shall be United States to the subjects of Her Bri.
bound to receive such oral or written tes. tannic Majesty, as stated in Articles XIX. timony as either Government may present. and XXI. ofthis Treaty, the amount of any
If either party shall offer oral testimony, compensation which, in their opinion, the other party shall have the right of ought to be paid by the Government of cross-examination, under such rules as the the United States to the Government of Commissioners shall prescribe. If in the Her Britannic Majesty in return for the
case submitted to the Commissioners either privileges accorded to the citizens of the party shall have specified or alluded to United States under Article XVIII.of this any report or document in its own exclu. Treaty; and that any sum of money which
sive possession without annexing a copy, the said Commissioners may so award such party shall be bound, if the other shall be paid by the United States' Go- party thinks proper to apply for it, to vernment, in a gross sum, within twelve furnish that party with a copy thereof, months after such award shall have been and either party may call upon the other, given.
through the Commissioners, to produce
the originals or certified copies of any ARTICLE XXIII.
papers adduced as evidence, giving in each
instance snch reasonable notice as the The Commissioners referred to in the Commissioners may require. The case on preceding Article shall be appointed in the either side shall be closed within a period following manner—that is to say :-One of six months from the date of the organiCommissioner shall be named by Her zation of the Commission, and the ComBritannic Majesty, one by the President missioners shall be requested to give their of the United States, and a third by Her award as soon as possible thereafter. The Britannic Majesty and the President of the aforesaid period of six months may be United States conjointly; and in case the extended for three months in case of a third Commissioner shall not have been so vacancy occurring among the Commis. named within a period of three months sioners under the circumstances contem. from the date when this Article shall take 1 plated in Article XXIII. of this Treaty.
ARTICLE XXV. The Commissioners shall keep an accurate record and correct minutes or notes of all their proceedings, with the dates thereof, and may 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.
ARTICLE XXVIII. The navigation of Lake Michigan shall also, for the term of years mentioned in Article XXXIII. 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 privi. lege of free navigation.
ARTICLE XXVI. The navigation of the River St. Law. rence, 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 for ever 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 Yukon, Porcupine, and Stikine, ascending and descending from, to, and into the sea, shall for ever remain free and open for the purpose of commerce to the subjects of Her Britannic Majesty and to the citizens of the United States, subjeet to any laws and regulations of either country within its own territory not incousistent with such privilege of free navigation.
ARTICLE XXIX. It is agreed that for the term of years mentioned in Article XXXIII. of this Treaty, goods, wares, or merchandise arriving at the ports of New York, Boston, and Portland, and any other ports in the United States wbich 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 revenue 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 payment 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 Governments 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 the said possessions to other places in the United States, or for export from ports in the said possessions.
ARTICLE XXVII. The Government of Her Britannic Majesty engages to urge upon the Govern. ment 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 on terms of equality with the inhabitants 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.
ARTICLE XXX. It is agreed that for the term of years mentioned in Article XXXIII. of this Treaty, subjects of Her Britannic Majesty may carry in British vessels, without pay
ment of duty, goods, wares, or merchandise River St. John and its tributaries, and from one port or place within the territory floated down that river to the sea, when of the United States upon the St. Law. the same is shipped to the United States rence, the Great Lakes, and the rivers from the Province of New Brunswick. connecting the same, to another port or And in case any such export or other place within the territory of the United duty continues to be levied after the ex. States as aforesaid ; provided that a por- piration of one year from the date of the tion of such transportation is made exchange of the ratifications of this Treaty, through the Dominion of Canada by it is agreed that the Government of the land carriage and in bond, under such United States may suspend the right rules and regulations as may be agreed of carrying hereinbefore granted under upon between the Government of Her Article XXX. of this Treaty for such Britannic Majesty and the Government of period as such export or other duty may the United States. Citizens of the United be levied. States may for the like period carry in United States vessels, without payment of
ARTICLE XXXII. duty, goods, wares, or merchandise from one port or place within the possessions of It is further agreed that the provisions Her Britannic Majesty in North America and stipulations of Articles XVIII. to to another port or place within the said XXV. of this Treaty, inclusive, shall possessions ; provided that a portion of extend to the colony of Newfoundland so such transportation is made through the far as they are applicable. But if the territory of the United States by land Imperial Parliament, the Legislature of carriage and in bond, under such rules Newfoundland, or the Congress of the and regulations as may be agreed upon United States, shall not embrace the colony between the Government of the United of Newfoundland in their laws enacted for States and the Government of Her Bri. carrying the foregoing Articles into effect, tannic Majesty. The Government of the then this Article shall be of no effect; but United States further engages not to im- the omission to make provision by law to pose any export duties on goods, wares, or give it effect, by either of the Legislative merchandise carried under this Article bodies aforesaid, shall not in any way through the territory of the United States; impair any other Article of this Treaty, and Her Majesty's Government engages to urge the Parliament of the Dominion of
ARTICLE XXXIII. Canada and the Legislatures of the other Colonies not to impose any export duties The foregoing Articles XVIII. to on goods, wares, or merchandise carried XXV. inclusive, and Article XXX, of this under this Article; and the Government Treaty, shall take effect as soon as the of the United States may, in case such laws required to carry them into operation export duties are imposed by the Dominion shall have been passed by the Imperial of Canada, suspend, during the period Parliament of Great Britain, by the Par. that such duties are imposed, the right of liament of Canada, and by the Legislature carrying granted under this Article in of Prince Edward's Island on the one favour of the subjects of Her Britannic hand, and by the Congress of the United Majesty. The Government of the United States on the other. Such assent having States may suspend the right of carrying been given, the said Articles shall remain granted in favour of the subjects of Her in force for the period of ten years from Britannic Majesty under this Article in the date at which they may come into case the Dominion of Canada should at operation, and, further, until the expiraany time deprive the citizens of the tion of two years after either of the High United States of the use of the canals in Contracting Parties shall have given the said Dominion on terms of equality notice to the other of its wish to termi. with the inhabitants of the Dominion, as nate the same; each of the High Conprovided in Article XXVII.
tracting Parties being at liberty to give
such notice to the other at the end of the ARTICLE XXXI.
said period of ten years, or at any time
afterward. The Government of Her Britannic Ma. jesty further engages to urge upon the
ARTICLE XXXIV. Parliament of the Dominion of Canada and the Legislature of New Brunswick Whereas it was stipulated by Article I. that no export duty, or other duty, shall of the Treaty concluded at Washington be levied on lumber or timber of any kind on the 15th of June, 1846, between Her cut on that portion of the American terri. Britannic Majesty and the United States, tory in the State of Maine watered by the that the line of boundary between the
territories of the United States and those include in the evidence to be considered of Her Britannic Majesty, from the point by the Arbitrator such documents, official on the 49th parallel of north latitude up correspondence, and other official or public to which it had already been ascertained, statements bearing on the subject of the should be continued westward along the reference as they may consider necessary said parallel of north latitude “to the to the support of their respective cases. middle of the channel which separates the After the written or printed case shall . continent from Vancouver's Island, and have been communicated by each party to
thence southerly, through the middle of the other, each party shall have the power the said channel and of Fuca Straits, to of drawing up and laying before the the Pacific Ocean;" and whereas the Arbitrator a second and definitive state. Commissioners appointed by the two High ment, if it think fit to do so, in reply to Contracting Parties to determine that the case of the other party so communi. " portion of the boundary which runs cated, which definitive statement shall be southerly through the middle of the so laid before the Arbitrator, and also be channel aforesaid were unable to agree mutually communicated in the same upon the same; and whereas the Govern. manner as aforesaid by each party to the ment of Her Britannic Majesty claiins other within six months from the date of that such boundary line should, under the laying the first statement of the case terms of the Treaty above recited, be run before the Arbitrator. through the Rosario Straits, and the Government of the United States claiins
ARTICLE XXXVII. that it should be run through the Canal de Haro, it is agreed that the respective If, in the case submitted to the Arbiclaims of the Government of Her Britannic trator, either party shall specify or allude Majesty and of the Government of the to any report or document in its own United States shall be submitted to the exclusive possession without annexing a arbitration and award of His Majesty the copy, such party shall be bound, if the Emperor of Gerinany, who, having regard other party thinks proper to apply for it, to the above-mentioned Article of the said to furnish that party with a copy thereof, Treaty, shall decide thereupon, finally and and either party may call upon the other, without appeal, which of those claims is through the Arbitrator, to produce the most in accordance with the true inter- originals or certified copies of any papers pretation of the Treaty of June 15, 1846. adduced as evidence, giving in each
instance such reasonable notice as the ARTICLE XXXV.
Arbitrator may require. And if the
Arbitrator should desire further eluci. The award of His Majesty the Emperor
dation or evidence with regard to any of Germany shall be considered as abso- point contained in the statements laid lutely final and conclusive; and full effect before him, he shall be at liberty to shall be given to such award without any require it from either party, and he shall objection, evasion, or delay whatsoever. be at liberty to hear one counsel or agent Such decision shall be given in writing for each party in relation to any matter, and dated. It shall be in whatsoever form and at such time and in such manner as His Majesty may choose to adopt; it shall he may think fit. be delivered to the representatives or other public agents of Great Britain and of the
ARTICLE XXXVIII. United States respectively who may be actually at Berlin, and shall be considered The representatives or other public as operative from the day of the date of agents of Great Britain and of the United the delivery thereof.
States at Berlin respectively shall be considered as the agents of their respective
Governments to conduct their cases before ARTICLE XXXVI.
the Arbitrator, who shall be requested to The written or printed case of each of
address all his communications and give the two parties, accompanied by the evi.
all his notices to such representatives or dence offered in support of the same, shall
other public agents, who shall represent be laid before His Majesty the Emperor of
their respective Governments generally Germany within six months from the date in all matters connected with the arbi. of the exchange of the ratifications of this tration, Treaty, and a copy of such case and evi. dence shall be communicated by each
ARTICLE XXXIX. party to the other through their respective representatives at Berlin.
It shall be competent to the Arbitrator The High Contracting Parties may to proceed in the said arbitration and all matters relating thereto as and when he to this matter, which shall forthwith be shall see fit, either in person or by a repaid by the two Governments in equal person or persons named by him for that moieties. purpose, either in the presence or absence of either or both agents, and either orally or by written discussion or otherwise.
The Arbitrator shall be requested to ARTICLE XL.
give his award in writing as early as con
venient after the whole case on each side The Arbitrator may, if he think fit,
shall have been laid before him, and to appoint a secretary or clerk for the pur
deliver one copy thereof to each of the poses of the proposed arbitration, at such
said agents. rate of remuneration as he shall think proper. This and all other expenses of and connected with the said arbitration
ARTICLE XLIII. shall be provided for as hereinafter stipu. lated.
The present Treaty shall be duly ratified by Her Britannic Majesty, and by the
President of the United States of Anierica, ARTICLE XLI.
by and with the advice and consent of the The Arbitrator shall be requested to Senate thereof, and the ratifications shall deliver, together with his award, an be exchanged either at London or at account of all the costs and expenses Washington within six months from the which he may have been put to in relation date hereof, or earlier if possible.
THE ABOLITION OF PURCHASE.
The following is the Royal Warrant, dated the 20th of July, 1871, to cancel and determine all Regulations authorizing the Purchase or Sale or Exchange for money of Commissions in the Army, from the 1st of November, 1871, which was presented to Parliament by command of Her Majesty :
“ VICTORIA R.–Whereas by the Act passed in the Session holden in the 5th and 6th years of the reign of King Edward VI., chapter 16, intituled Against buying and selling of offices, and the Act passed in the 49th year of the reign of George III., chapter 126, intituled · An Act for the prevention of the sale and brokerage of offices,' all officers in our Forces are prohibited from selling or bargaining for the sale of any Commission in our Forces, and from taking or receiving any money for the exchange of any such Commission, under the penalty of forfeiture of their Commissions and of being cashiered, and of divers other penalties, but the last-mentioned Act exempts from the penalties of the said Acts purchases, or sales, or exchanges of any Commissions in our Forces for such prices as may be regulated and fixed by any regulation made or to be made by us in that behalf :
“ And whereas we think it expedient
to put an end to all such regulations, and to all sales and purchases and all ex. changes for money of Commissions in our Forces, and all dealings relating to such sales, purchases, or exchanges :
“Now, our will and pleasure is that on and after the 1st day of November, in this present year, all regulations made by us or any of our Royal predecessors, or any officers acting under our authority, regulating or fixing the prices at which any Commissions in our Forces may be purchased, sold, or exchanged, or in any way authorizing the purchase or sale or era change for money of any such Commissions, shall be cancelled and determined.
“Given at our Court at Osborne, this 20th day of July, in the 35th year of our reign. “ By Her Majesty's Command,
“EDWARD CABDWELL." On the 31st October the following Royal Warrant was published :
• VICTORIA R.- Whereas by our War. rant of July 20th, 1871, we deemed it expedient to cancel and determine on and after Noveinber 1st in this present year all Regulations made by us or any of our Royal predecessors, or any officers acting under our authority, regulating or fixing the prices at which any Commission in our Forces may be purchased, sold, or