ARTICLE XIX.

certain sea fisheries on certain coasts of the United States.

It is agreed by the high contracting parties that British subjects shall have, in common with the citizens of the United States, Rights in common the liberty, for the term of years mentioned in Article of British subjects in XXXIII of this treaty, to take fish of every kind, except shell-fish, on the eastern sea-coasts and shores of the United States north of the thirty-ninth 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 See ArticlesXXXII United States and of the said islands, without being re- and XXXIII. stricted 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.

Proviso.

Salmon and shad

It is understood that the above-mentioned liberty applies solely to the sea fishery, and that salmon and shad fisheries, and all other fisheries in rivers and mouths of rivers, are hereby reserved fisheries. exclusively for fishermen of the United States.

ARTICLE XX.

mon right of fishing.

It is agreed that the places designated by the Commissioners appointed under the first article of the treaty between the United Certain places reStates and Great Britain, concluded at Washington on the served from the com5th of June, 1854, upon the coasts of Her Britannic Majesty's dominions and the United States, as places reserved from the common right of fishing under that treaty, shall be regarded as in See ArticlesXXXII 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

and XXXIII.

Commission to de

if, &c.

to designate such places, and shall be constituted in the signate such places, 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.

ARTICLE XXI.

Certain fish oil and

It is agreed that, for the term of years mentioned in Article XXXIII of this treaty, fish oil and fish of all kinds, (except fish of the inland lakes, and of the rivers falling into them, and fish to be free of duty. except fish preserved in oil,) being the produce of the fish- See Articles XXXII eries of the United States, or of the Dominion of Canada, and XXXIII. or of Prince Edward's Island, shall be admitted into each country, respectively free of duty.

ARTICLE XXII.

determine the com

Inasmuch as it is asserted by the Government of Her Britannic Majesty that the privileges accorded to the citizens of the United Commissioners to States under Article XVIII of this treaty are of greater pensation, if any, to value than those accorded by Articles XIX and XXI of be paid by the this treaty to the subjects of Her Britannic Majesty, and privileges printed by this assertion is not admitted by the Government of the treaty.

United States for

Article of

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 Articles XIX and XXI of this treaty, the amount of 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 Article XVIII of this treaty; and 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.

Award, when to be paid.

ARTICLE XXIII.

The Commissioners referred to in the preceding article shall be ap Commissioners, pointed in the following manner, that is to say: One Comhow to be appointed. missioner shall be named by the President of the United States, one by Her Britannic Majesty, and a 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 when this article 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.

Vacancies.

The Commissioners so named shall meet in the city of Halifax, in the When and where province of Nova Scotia, at the earliest convenient period

to meet.

duties.

after they have been respectively named, and shall, before proceeding to any business, make and subscribe a solemn declaration that they will impartially and carefully examine and decide the matters referred to them to the best of their judgment, and according to justice and equity; and such declaration shall be entered on the record of their proceedings.

Each of the high contracting parties shall also name one person to attend the commission as its Agent, to represent it generGovernment. ally in all matters connected with the commission.

Agents for each

Proceedings before these Commissioners, how to be conducted.

ARTICLE XXIV.

The proceedings shall be conducted in such order as the Commissioners appointed under Articles XXII and XXIII 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.

Documents

papers.

If in the case submitted to the Commissioners either party shall have and 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 Cases to be closed the Commissioners shall be requested to give their award in six months. 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 Article XXIII of this treaty.

ARTICLE XXV.

Awards.

Records.

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.

Secretary, &c.

Each of the high contracting parties shall pay its own Commissioner and Agent or Counsel; all other expenses shall be defrayed by the two Goveruments in equal moieties.

ARTICLE XXVI.

Expenses.

Navigation of the St. Lawrence to be free.

The navigation of the river St. Lawrence, ascending and descending, from the forty-fifth 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 Yukon, Porcupine, and Stikine, ascending and descending, from, to, and into the sea, shall forever remain free and open for the purposes of commerce to the subjects of Her Britannic Majesty and to the citizens of the United States, subject to any laws and regulations of either country within its own territory, not inconsistent with such privilege of free navigation.

ARTICLE XXVII.

Of other rivers.

canals by citizens of

urged.

The Government of Her Britannic Majesty engages to urge upon the Government of the Dominion of Canada to secure to the The use on terms citizens of the United States the use of the Welland, St. of equality of certain Lawrence, and other canals in the Dominion on terms of both countries, to be 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 XXVIII.

The navigation of Lake Michigan shall also, for the term of years men

Navigation of Lake Michigan.

tioned 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 privilege. of free navigation.

Provisions for the

through territory of

certain merchandise

ports of the United

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 conveyance in transit ports of New York, Boston, and Portland, and any other the United States of ports in the United States which have been or may, from imported at certain time to time, be specially designated by the President of States, and of goods the United States, and destined for Her Britannic Majesty's intended for export. 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.

Reciprocal provisions as to convey. ance in transit

ritory.

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 through British ter the United States, may be entered at the proper customhouse 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.

British subjects

vessels goods free of duty certain

ports, if part of such

carriage

Canada by land and in bond.

ARTICLE XXX.

It is agreed that, for the terms of years mentioned in Article XXXIII of this treaty, subjects of Her Britannic Majesty may carry may carry in British in British vessels, without payment of duty, goods, wares, forts of the United or merchandise from one port or place within the territory States to other such 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 leges granted to citi 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 and carriage and in bond, under such rules and regulations as may be

Reciprocal privizens of the United States.

agreed upon between the Government of the United States and the Government of Her Britannic Majesty.

carried under

this

The Government of the United States further engages not to impose any export duties on goods, wares, or merchandise carried Provision as to exunder this article through the territory of the United States; port duties on goods and Her Majesty's Government engages to urge the Parlia- article. ment 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.

be suspended by the

The Government of the United States may suspend the right of carrying granted in favor of the subjects of Her Britannic Privileges granted Majesty under this article, in case the Dominion of Canada by this article may should at any time deprive the citizens of the United States United States, if, 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.

&c.

ty on lumber cut in

Maine, floated down shipped to the United

the St. John and States from New

Brunswick.

The Government of Her Britannic Majesty further engages to urge upon the Parliament of the Dominion of Canada and the Provision as to duLegislature 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 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 be 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 herein before granted under Article XXX of this treaty for such period as such export or other duty may be levied.

ARTICLE XXXII.

cles XVIII to XXV to

It is further agreed that the provisions and stipulations of Articles XVIII to XXV of this treaty, inclusive, shall extend to Provisions of Artithe colony of Newfoundland, so far as they are applicable. extend to NewfoundBut if the Imperial Parliament, the Legislature of Newfound- land land, 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.

ARTICLE XXXIII.

Proviso.

Articles XVIII to when to take effect

The foregoing Articles XVIII 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 xxVandArticle XXX Imperial Parliament of Great Britain, by the Parliament of Canada, and by the Legislature of Prince Edward's Island on the one