cations shall have been published prior to the 1st day of January, 1908. If the demand is not complied with, the reasons for the failure to comply must be stated to the tribunal. ARTICLE 8. The tribunal shall meet within six months after the expira4 tion of the period above fixed for the delivery to the agents of the Case, and upon the assembling of the tribunal at its first session each party, through its agent or counsel, shall deliver in duplicate to each of the arbitrators and to the agent and counsel of the other party (with such additional copies as may be agreed upon) a printed Argument showing the points and referring to the evidence upon which it relies. The time fixed by this agreement for the delivery of the Case, Counter-Case, or Argument, and for the meeting of the tribunal, may be extended by mutual consent of the parties. ARTICLE 9. The decision of the tribunal shall, if possible, be made within two months from the close of the arguments on both sides, unless on the request of the tribunal the parties shall agree to extend the period. It shall be made in writing, and dated and signed by each member of the tribunal, and shall be accompanied by a statement of reasons. A member who may dissent from the decision may record his dissent when signing. The language to be used throughout the proceedings shall be English. ARTICLE 10. Each party reserves to itself the right to demand a revision of the award. Such demand shall contain a statement of the grounds on which it is made and shall be made within five days of the promulgation of the award, and shall be heard by the tribunal within ten days thereafter. The party making the demand shall serve a copy of the same on the opposite party, and both parties shall be heard in argument by the tribunal on said demand. The demand can only be made on the discovery of some new fact or circumstance calculated to exercise a decisive influence upon the award and which was unknown to the tribunal and to the party demanding the revision at the time the discussion was closed, or upon the ground that the said award does not fully and sufficiently, within the meaning of this agreement, determine any question or questions submitted. If the tribunal shall allow the demand for a revision, it shall afford such opportunity for further hearings and arguments as it shall deem necessary. ARTICLE 11. The present agreement shall be deemed to be binding only when confirmed by the two Governments by an exchange of notes. In witness whereof this agreement has been signed and sealed by His Britannic Majesty's Ambassador at Washington, the Right Hon ourable James Bryce, O.M., on behalf of Great Britain, and by the Secretary of State of the United States, Elihu Root, on behalf of the United States. Done at Washington on the 27th day of January, 1909. (L.S.) JAMES BRYCE. ELIHU ROOT. No. 2.-1909, June 2: Letter from the Hon. P. C. Knox to the Right Hon. James Bryce, enclosing a list of Legislative and Executive Acts of Canada and Newfoundland objected to by United States. DEPARTMENT OF STATE, Washington, June 2nd, 1909. EXCELLENCY, By Article II of the Special Agreement of January 27th last between Great Britain and the United States for the submission to arbitration of questions relating to the North Atlantic Coast Fisheries, it is provided: "Either Party may call the attention of the Tribunal to any legislative or executive act of the other Party, specified within three months of the exchange of notes enforcing this agreement, and which is claimed to be inconsistent with the true interpretation of the Treaty of 1818; and may call upon the Tribunal to express in its award its opinion upon such acts, and to point out in what respects, if any, they are inconsistent with the principles laid down in the award in reply to the proceeding questions; and each party agrees to conform to such opinion." At the request of Mr. Chandler P. Anderson, the Agent of the United States in this proceeding, I have the honour to present to you the accompanying list, prepared by him of the legislative and executive Acts of Canada and Newfoundland, which are specified on the part of the United States in compliance with the requirement 5 of the above Article that the legislative and executive Acts referred to therein must be specified within Special Agreement, which period will not expire until the 4th of this month, the notes referred to having been exchanged on March 4th last. I have, &c. NORTH ATLANTIC COAST FISHERIES: ARBITRATION AT THE HAGUE. List of Legislative and Executive Acts of Canada and Newfoundland specified on the part of the United States under the provisions of Article II of the Special Agreement of January 27, 1909, between the United States and Great Britain. Revised Statutes of Canada, 1906. Chapter 45-The Fisheries Act; Chapter 47-The Customs and Fisheries Protection Act; Chapter 113-The Canada Shipping Act, Part VI, so far as relates to the compulsory employment of Pilots and Payments of dues and Part XII relating to Public Harbours and Harbour Masters, and rules and regulations established thereunder. Canadian Order in Council of September 12, 1907, promulgating Fishery Regulations, (including Regulations). Canadian Order in Council of September 9, 1908, amending Fishery Regulations. Consolidated Statutes of Newfoundland, 1892: Chapter 119-of Pilots and Pilotage for the Port of Saint Johns; Chapter 120-of Harbour Master and Harbour Regulations for the Port of Saint Johns; Chapter 124-of the Coast Fisheries; Chapter 129 of the exportation, sale, etc., of Bait Fishes. Newfoundland Act of March 3, 1896 (61 Vict. Cap. 3)-An Act respecting the Department of Fisheries. Newfoundland Act of March 30, 1898 (61 Vict. Cap. 13)-An Act respecting the Customs. Newfoundland Act of July 19, 1899 (62 and 63 Vict. Cap. 19)-An Act relating to Light Dues. Newfoundland Act of June 15, 1905 (5 Edw. VII, Cap. 4)-An Act respecting Foreign Fishing Vessels. Newfoundland Fishing Regulations, 1908. No. 3.-1909, June 4: Letter from the Right Hon. James Bryce to the Hon. P. C. Knox containing Notice given under Article II of the Special Agreement of January 27, 1909. BRITISH EMBASSY, Washington, 4th June, 1909. SIR: By Article II of the Special Agreement of January 27 last, between Great Britain and the United States for the submission to arbitration of questions relating to the North Atlantic Coast Fisheries, it is provided: "Either party may call attention of the Tribunal to any legislative or executive act of the other Party, specified within three months of the exchange of the notes enforcing this agreement, and which is claimed to be inconsistent with the true interpretation of the Treaty of 1818; and may call upon the Tribunal to express in its award its opinion upon such Acts, and to point out in what respects, if any, they are inconsistent with the principles laid down in the award in reply to the preceding questions; and each party agrees to conform to such opinion.' On the part of His Majesty's Government I have the honour to inform you that His Majesty's Government proposes to call the attention of the Hague Tribunal in pursuance of the provisions of the said Article II, to certain acts of the United States being such as would fall within the provisions of that Article and which are claimed to be inconsistent with the true interpretation of the Treaty of 1818, and to call upon the Tribunal to express in its award its opinion upon such acts and to point out in what respect, if any, they are inconsistent with the principles laid down in the award in reply to the questions submitted for decision to the Tribunal. The acts in question are the acts of the United States Government directed towards or amounting to an attempt at the policing by the national vessels of the United States of the so called Treaty Coast, that is to say those parts of the Coast of Newfoundland, Labrador, and the Magdalen Islands, on which the inhabitants of the United States have under the said Treaty a liberty to take fish in common with the subjects of His Britannic Majesty. 6 This notice is given in compliance with the requirements of the above article that notice of the acts intended to be called into question must be specified within three months of the exchange of notes enforcing this agreement, which period will expire upon this day, the notes referred to having been exchanged on the fourth of March last. I have, &c. The Honourable P. C. KNOX, (Sgd.) Secretary of State. JAMES BRYCE. No. 4.-1686, November 6-16: Extract from translation of Treaty between His Britannic Majesty and France. Article V. The subjects, inhabitants, merchants, commanders of ships, masters and mariners, of the kingdoms, provinces and dominions of each King respectively, shall abstain and forbear to trade and fish in all the places possessed or which shall be possessed by one or the other party in America, viz., the King of Great Britain's subjects shall not drive their commerce and trade, nor fish in the havens, bays, creeks, roads, shoals or places, which the most Christian King holds or shall hereafter hold in America; and in like manner, the most Christian King's subjects shall not drive their commerce and trade, nor fish in the havens, bays, creeks, roads, shoals or places, which the King of Great Britain possesses or shall hereafter possess in America. And if any ship or vessel shall be found trading or fishing contrary to the tenor of this treaty, the said ship or vessel, with its lading, proof being made thereof, shall be confiscated; nevertheless, the party who shall find himself aggrieved by such sentence or confiscation, shall have liberty to apply himself to the Privy Council of that King, by whose governors or judges the sentence has been given against him: but it is always to be understood, that the liberty of navigation ought in no manner to be disturbed, where nothing is committed against the genuine sense of this treaty. No. 5.-1713, March 31-April 11: Extract from Treaty between Her Britannic Majesty and France (the Treaty of Utrecht). X. The said Most Christian King shall restore to the kingdom and Queen of Great Britain, to be possessed in full right for ever, the Bay and Straits, of Hudson, together with all lands, seas, sea coasts, rivers, and places situate in the said bay and straits, and which belong thereunto, no tracts of land or of sea being excepted, which are at present possessed by the subjects of France. All which, as well as any buildings there made, in the condition they now are, and likewise all fortresses there erected, either before or since the French seized the same, shall, within 6 months from the ratification of the present treaty, or sooner, if possible, be well and truly delivered to the British subjects having commission from the Queen of Great Britain to demand and receive the same, entire and undemolished, 92909°-S. Doc. 870, 61-3, vol 4————11 together with all the cannon and cannon-ball which are therein, as also with a quantity of powder, if it be there found, in proportion to the cannon-ball, and with the other provision of war usually belonging to canon. It is however provided that it may be entirely free for the company of Quebec, and all other the subjects of the most Christian King whatsoever, to go by land, or by sea, whithersoever they please out of the lands of the said bay, together with all their goods, merchandises, arms, and effects, of what nature or condition soever, except such things as are above reserved in this article. But it is agreed on both sides, to determine within a year, by commissaries to be forthwith named by each party, the limits which are to be fixed between the said bay of Hudson, and the places appertaining to the French; which limits both the British and French subjects shall be wholly forbid to pass over, or thereby to go to each other by sea or by land. The same commissaries shall also have orders to describe and settle in like manner the boundaries between the other British and French colonies in those parts. XI. The above-mentioned Most Christian King shall take care that satisfaction be given, according to the rule of justice and equity. to the English company trading to the bay of Hudson, for all damages and spoil done to their colonies, ships, persons, and goods, by the hostile incursions and depredations of the French, in time of peace, an estimate being made thereof by commissaries to be named at the requisition of each party. The same commissaries shall moreover enquire as well into the complaints of the British subjects concerning ships taken by the French in time of peace, as also concerning the damages sustained last year in the island called Montserat, and others, as into those things of which the French subjects complain, relating to the capitulation in the Island of Nevis, and castle of Gambia, also to French ships, if perchance any such have been taken by British subjects in time of peace. And in like manner into all disputes of this kind which shall be found to have arisen between both nations, and which are not yet ended; and due justice shall be done on both sides without delay. 7 XII. The Most Christian King shall take care to have delivered to the Queen of Great Britain, on the same day that the ratifications of this treaty shall be exchanged, solemn and authentic letter, or instruments, by virtue whereof it shall appear that the Island of St. Christophers is to be possessed alone hereafter by British subjects, likewise all Nova Scotia or Accadie, with its ancient boundaries, as also the city of Port Royal, now called Annapolis Royal, and all other things in those parts, which depend on the said lands and islands, together with the dominion, propriety, and possession of the said islands, lands, and places, and all rights whatsoever, by treaties, or by any other way obtained, which the Most Christian King, the crown of France, or any the subjects thereof, have hitherto had to the said islands, lands, and places, and the inhabitants of the same, are yielded and made over to the Queen of Great Britain, and to her crown for ever, as the Most Christian King doth at present yield and make over all the particulars abovesaid; and that in such ample manner and form, that the subjects of the Most Christian King shall hereafter be excluded from all kind of fishing in the said seas, bays, and other places, on the coasts of Nova Scotia, that is to say, |