Fisheries (North America).

CA P. III.

An Act to carry into effect a Treaty between Her Majesty and the United States of America. [19th February 1855.]

W WHEREAS a Treaty was, on the Fifth Day of June One thousand eight hundred and fifty-four, concluded between 'Her Majesty the Queen of the United Kingdom of Great Britain and Ireland and the United States of America, whereby it was agreed as follows:

ARTICLE I-It is agreed by the High Contracting Parties ⚫ that, in addition to the Liberty secured to the United States Fishermen by the above-mentioned Convention of October 20, 1818, of taking, curing, and drying Fish on certain • Coasts of the British North American Colonies therein de 'fined, the Inhabitants of the United States shall have, in 'common with the Subjects of Her Britannic Majesty, the Liberty to take Fish of every Kind, except Shell Fish, on 'the Sea Coasts and Shores and in the Bays, Harbours, and 'Creeks of Canada, New Brunswick, Nova Scotia, 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 Coasts and Shores of those Colonies and the Islands thereof, and also upon the 'Magdalon 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 • British Fishermen in the peaceable Use of any Part of the " said Coast 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 Fisheries in Rivers and the Mouths of Rivers, are hereby reserved exclusively for British Fisher

• men.

And it is further agreed that, in order to prevent or settle any Disputes as to the Places to which the Reservation of exclusive Right to British Fishermen contained in this Article and that of Fishermen of the United States con'tained in the next succeeding Article apply, each of the High Contracting Parties, on the Application of either to the other, shall, within Six Months thereafter, appoint a Commissioner. The said Commissioners, before proceeding to any Business, shall 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, without Fear, Favour, or Affection to 'their own Country, upon all such Places as are intended to be reserved and excluded from the common Liberty of fishing under this and the next succeeding Article; and 'such Declaration shall be entered on the Record of their Proceedings. The Commissioners shall name some Third • Person

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Fisheries (North America).

Person to act as an Arbitrator or Umpire in any Case or 'Cases on which they may themselves differ in Opinion. If they should not be able to agree upon the Name of such Third Person, they shall each name a Person, and it shall 'be determined by Lot which of the Two Persons so named shall be the Arbitrator or Umpire in Cases of Difference or Disagreement between the Commissioners. The Person so to be chosen to be Arbitrator or Umpire shall, before proceeding to act as such in any Case, make and subscribe a 'solemn Declaration in a Form similar to that which shall already have been made and subscribed by the Com'missioners, which shall be entered on the Record of their 'Proceedings. In the event of the Death, Absence, or Incapacity of either of the Commissioners or of the Arbitrator or Umpire, or of their or his omitting, declining, or ceasing to act as such Commissioner, Arbitrator, or Umpire, another and different Person shall be appointed or named as 'aforesaid to act as such Commissioner, Arbitrator, or Um'pire, in the Place and Stead of the Person so originally appointed or named as aforesaid, and shall make and subscribe such Declaration as aforesaid.

Such Commissioners shall proceed to examine the Coasts ' of the North American Provinces and of the United States embraced within the Provisions of the First and Second 'Articles of this Treaty, and shall designate the Places re'served by the said Articles from the common Right of fishing therein.

The Decision of the Commissioners and of the Arbitrator or Umpire shall be given in Writing in each Case, and shall be signed by them respectively.

The High Contracting Parties hereby solemnly engage to consider the Decision of the Commissioners conjointly or of the Arbitrator or Umpire, as the Case may be, as absolutely 'final and conclusive in each Case decided upon by them or him respectively.

ARTICLE II. It is agreed by the High Contracting Par'ties that British Subjects shall have, in common with the 'Citizens of the United States, the Liberty to take Fish of every Kind, except Shell Fish, on the Eastern Sea Coasts and Shores of the United States North of the 36th Parallel ' of North Latitude, and on the Shores of the several Islands thereunto adjacent, and in the Bays, Harbours, 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 the said Coasts in their Occupancy for the same Purpose.

Fisheries (North America).

"It is understood that the above-mentioned Liberty applies solely to the Sea Fishery, and that Salmon and Shad Fisheries, and all Fisheries in Rivers and Mouths of Rivers, are hereby reserved exclusively for Fishermen of the United 'States.

ARTICLE III.—It is agreed that the Articles enumerated in the Schedule hereunto annexed, being the Growth and ' Produce of the aforesaid British Colonies, or of the United States, shall be admitted into each Country respectively 'free of Duty:

Products of Fish and of all other Creatures living in 'the Water.

‹ Pitch, Tar, Turpentine, Ashes.

Timber and Lumber of all Kinds, round, hewed, and

'sawed, unmanufactured in whole or in part.

'Firewood.

Plants, Shrubs, and Trees.

'Pelts, Wool.

• Fish Oil.

'Rice, Broom Corn, and Bark.

Gypsum, ground or unground.

Hewn or wrought or unwrought Burr or Grindstones. 'Dye Stuffs.

Flax, Hemp, and Tow unmanufactured.

Unmanufactured Tobacco.

Rags.

'ARTICLE IV.-It is agreed that the Citizens and Inhabitants of the United States shall have the Right to navigate 'the River St. Lawrence, and the Canals in Canada, used as 'the Means of communicating between the Great Lakes and 'the Atlantic Ocean, with their Vessels, Boats, and Crafts, as fully and freely as the Subjects of Her Britannic Majesty, subject only to the same Tolls and other Assessments as now are or may hereafter be exacted of Her Majesty's said Subjects;

Fisheries (North America).

'Subjects; it being understood, however, that the British 'Government retains the Right of suspending this Privilege, on giving due Notice thereof to the Government of the United States.

It is further agreed, that if at any Time the British 'Government should exercise the said reserved Right, the 'Government of the United States shall have the Right of suspending, if it think fit, the Operation of Article III. of the present Treaty, in so far as the Province of Canada is 'affected thereby, for so long as the Suspension of the free Navigation of the River St. Lawrence or the Canals may 'continue.

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It is further agreed, that British Subjects shall have the Right freely to navigate Lake Michigan with their Vessels, Boats, and Crafts, so long as the Privilege of navigating 'the River St. Lawrence, secured to American Citizens by the above Clause of the present Article, shall continue; and the Government of the United States further engages to urge upon the State Governments to secure to the Subjects of Her Britannic Majesty the Use of the several State Canals on Terms of Equality with the Inhabitants of the United States.

And it is further agreed, 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 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.

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'ARTICLE V.—The present Treaty shall take effect as soon as the Laws required to carry it into operation shall have been passed by the Imperial Parliament of Great Britain and by the Provincial Parliaments of those of the British 'North American Colonies which are affected by this Treaty on the one hand, and by the Congress of the United States on the other. Such Assent having been given, the Treaty 'shall remain in force for Ten Years from the Date at which ' it may come into operation, and further until the Expiration of Twelve Months after either of the High Contracting 'Parties shall give Notice to the other of its Wish to termi'nate the same; each of the High Contracting Parties being at liberty to give such Notice to the other at the End of the 'said Term of Ten Years, or at any Time afterwards.

It is clearly understood, however, that this Stipulation is 'not intended to affect the Reservation made by Article IV. of the present Treaty with regard to the Right of temporarily suspending the Operation of Articles III. and IV. 'thereof.

'ARTICLE VI.—And it is hereby further agreed, that the 'Provisions and Stipulations of the foregoing Articles shall ' extend to the Island of Newfoundland, so far as they are ' applicable

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Fisheries (North America).

' applicable to that Colony. But if the Imperial Parliament, the Provincial Parliament of Newfoundland, or the Congress of the United States, shall not embrace, in their Laws ' enacted for carrying this Treaty into effect, the Colony of Newfoundland, 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 the remaining Articles of this Treaty.

And whereas the said Treaty was ratified between Her said Majesty and the United States, and such Ratification was exchanged on the Ninth Day of September One thousand eight hundred and fifty-four: And whereas in pursuance of the said Treaty the Senate and House of Representatives of the United States of America in Congress assembled have passed an Act entitled "An Act to carry into effect a Treaty between the "United States and Great Britain," signed on the Fifth Day of 'June One thousand eight hundred and fifty-four, which Act was approved on the Fifth Day of August One thousand eight hundred and fifty-four, by which Act it is among other Things pro•vided, that whenever the President of the United States shall ' receive satisfactory Evidence that the Imperial Parliament of 'Great Britain, and the Provincial Parliaments of Canada, New Brunswick, Nova Scotia, and Prince Edward's Island have passed Laws on their Part to give full Effect to the Provisions of the said Treaty, the said President is thereby authorized to ' issue his Proclamation declaring that he has such Evidence, and 'thereupon the Provisions of the said Treaty shall go into effect, and be observed on the Part of the United States: And whereas the Legislatures of the Colonies aforesaid have respectively. passed Laws to carry the said Treaty into operation; namely, an Act passed by the Legislature of Canada, intituled "An Act for giving Effect on the Part of this Province to a certain Treaty "between Her Majesty and the United States of America ;" an Act passed by the Legislature of Nova Scotia, intituled “An "Act for giving Effect on the Part of the Province of Nova "Scotia to a certain Treaty between Her Majesty and the United "States of America ;" an Act passed by the Legislature of New Brunswick, intituled "An Act for giving Effect on the Part of "the Province of New Brunswick to a certain Treaty between "Her Majesty and the United States of America ;" and an Act passed by the Legislature of Prince Edward Island, intituled "An Act to authorize Free Trade with the United States of "America under a Treaty between Great Britain and the United "States of America:" And whereas it is expedient that effectual Provision should be made by Parliament for carrying into operation the said Treaty' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows: