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UNITED STATES AND GREAT BRITAIN.
States, and destined for her Britannic Majesty's possessions in North America, may be entered at the propercustom-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 maybe 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.
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 payment of duty, 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 maybe agreed upon between the Government of the United States and the Government of her Britannic Majesty.
The Government of 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 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 Uni ted 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 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 the said Dominion on terms of equality with the inhabitants of the Dominion, as provided in Article XXVII.
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 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 rightof carryinghereinbefore granted under Article XXX of this treaty for such period as such export or other duty may be levied.
It is further agreed that the provisions and stipulations of Articles XVIII to XXVof 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.
Article XXXIII. 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 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. Article XXXIV. Whereas it was stipulated by Article I of the treaty concluded at Washington on the 15th of June, 1846, between the United States and her Britannic Majesty, that the line of boundary between the territories of the United States and those of her Britannic Majesty, from the point on the forty-ninth 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, through the middle of the said channel and of Fuca straits, to the Pacific ocean;" and whereas the commissioners ap pointed 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 boundary line should, under the terms of the treaty above recited, be run through the Rosario straits, and the Government of 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 the United States and of the Government of her Britannic Majesty shall be submitted to the arbitration and award of his Majesty the Emperor of Germany, who, having regard to the above-mentioned 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.
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.
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 ratifications 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 parties may include in the evidence to be considered by the arbitrator such documents, official correspondence, and
other official or public statements bearing Ob 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 arbitrator a second and definitive 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.
Article XXXVII. 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 he 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.
The representatives or other public agents of the United States and of 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 the arbitration.
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 aperson 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.
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 the said arbitration, shall be provided for as herein* after stipulated.
The arbitrator shall be requested to deliver, together with his award, an account of all the costs and expenses which he may have been put to in relation to this matter, which shall forthwith be repaid by the two Governments in equal moieties.
UNITED STATES AND GREAT BRITAIN.
Article XLII. The arbitrator shall be requested to give his award in writing as early as convenient after the whole case on each side shall have been laid before him, and to deliver one copy thereof to each of the said agents.
The present treaty shall be duly ratified by the President of the United States of America, by and with the advice and consent of the Sen ate 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.
Hamilton Fish Robert C. Schenck. Samuel Nelson. Ebenezer Eockwood Hoar. George H. Williams. De Grey & Ripon. Stafford H. Northcote. Edward Thornton. John A. Macdonald. Mountag-ue Bernard. And whereas the said treaty has been duly ratified on both parts, and the respective ratifications of the same were exchanged in the city of London, on the 17th day of June, 1871, by Robert C. Schenck, envoy extraordinary and minister plenipotentiary of the United States, and Earl Granville, her Majesty's principal Secretary of State for Foreign Affairs, on the part of their respective Governments:
Now, therefore, be it known that I, Ulysses S. Grant, President of the United States of America, have caused the said treaty to be made public, to the end that the same, and every clause and article thereof, may be observed and fulfilled with good faith bythe United States and the citizens thereof.
In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed.
Done at the city of Washington this 4th day of July,in the yearof our Lord 1871, and of the Independence of the United States the ninety-sixth.
U. S. Grant. By the President:
Secretary of State.
President's Special Message to the Senate.
The following, unofficial, purports to be a copy of the President's message to the Senate, dated May 14, 1872, transmitting a proposed
additional article submitted by the British
To the Senate of the United States:
I transmit herewith the correspondence which has recently taken place respecting the differences of opinion which have arisen between this Government and Great Britain with regard to the power of the tribunal of arbitration created under the treaty signed at Washington May 8,1871.
I respectfully invite the attention of the Senate to the proposed article submitted by the British Government with the object of removing differences which seem to threaten the prosecution of the arbitration, and request an expression by the Senate of their disposition in regard to advising and consenting to the formal adoption of an article such as is proposed by the British Government.
The Senate is aware that consultation with that body in advance of entering into agreements with foreign States has many prece- .dents. In the early days of the Republic General Washington asked their advice upon pending questions with such Powers. The most important recent precedent is that of the Oregon boundary treaty of 1846. The importance of the results hanging upon the present state of the treaty with Great Britain leads me to follow these precedents, and to desire the counsel of the Senate in advance of agreeing to the proposals of Great Britain.
U. S. Grant.
Proposed New Article.
Whereas the Government of her Britannic Majesty has contended in the recentcorrespondence with the Governmentof the United States, as follows, namely, that such indirect claims as those for the national losses stated in the case presented on the part of the Government of the United States to the Tribunal of Arbitration at Geneva, to have been sustained by the loss in the transfer of the American commercial marine to the British flag, the enhanced payment of insurance, the prolongation of the war, and the addition of a large sum to the cost of the war and the suppression of the rebellion, firstly, were not included in the treaty of Washington, and, further, and secondly, should not be admitted in principle as growing out of the acts committed by particular vessels alleged to have been enabled to commit depredations upon the shipping of a belligerent by reason of such want of due diligence in the performance of the neutral obligations as that which is imputed by the United States to Great Britain 5 and whereas the President of the United States, while adhering to his contention that the said claims were included in the Treaty, adopts for the future the principle contained in the second of the said contentions, as far as to declare that it will hereafter guide the conduct of the Governmentof the United States: and that the two countries are, therefore, agreed in this respect:
In consideration thereof, the President ofthe United States, by and with the advice and consent of the Senate thereof, consents that he will make no claim on the part of the United States in respectof indirect losses, as aforesaid, before the Tribunal of Arbitration at Geneva.
[The Senate, sitting in executive session, is understood to have assented (yeas 43, nays 18) to the new article, modified by striking out all after the word " whereas" (in the twenty-second line of the above) and inserting in lieu thereof the following:
"Both Governments adopt for the future the principle that claims for remote or indirect losses should not be admitted as the result of failure to observe neutral obligations, so far as to declare that it will hereafter guide the conduct of both Governments in their relations with each other.
"Now, therefore, in consideration thereof, the President of the United States, by and with the advice and consent of the Senate thereof, consents that he will make no claim on the part of the United States in respect of indirect losses as aforesaid before the Tribunal of Arbitration at Geneva."
It is understood, also, that such modification was not acceptable to the British Government; that upon the assembling of the Tribunal of Arbitration at Geneva, June 15, it adjourned from time to time so as to enable some understanding to be reached between the High Contending Powers, the agent of Great Britain refusing to present his "case" and demanding H protracted adjournment, while the agent of the United States insisted on the presentation of such "case" and opposed such adjournment; that June 27 a solution was reached, and the British "case" was lodged with the Tribunal; that June 28 the Tribunal again met and put upon record their decision, to the effect that the "indirect claims," upon preliminary consideration by the Tribunal— such as comported with the dignity of the court and was satisfactory to both parties—have been disposed of and set aside by a qualified dictum, that if the Tribunal has jurisdiction in the matter of the indirect claims it rejects them, and that the court is in full possession of the whole matter of controversy except what has been put away; and at the same time the Tribunal re fused the demand of Great Britain for a protracted adjournment, and took a recess until July 15, in order to give time for the printing of the British case. As the seal of secrecy has not been removed from these latter proceedings, the message, draft of article, and statements touching the action of the Tribunal are given subject to the risk of possible error.]
Tribunal of Arbitration between the
United States and Ureat Britain, at Geneva.
Arbitrator on thepart of the United States— Charles Francis Adams.
Arbitrator on the part of Great Britain— The Right Honorable Sir Alexander CockBurn, Baronet, Lord Chief Justice of England.
Arbitrator on the part of Italy—His Excellency Senator Count Sclopis.
Arbitrator on the part of Switzerland—VLv. Jacob Stampfli.
Arbitrator on the part of Brazil—Baron D'itajuba.
Agent on the part of the United Slates—J. C. Bancroft Davis.
Agent on the part of Great Britain—Right Honorable Lord Tenterdbn.
Counsel for the United States—Caleb GushIng, WilliamM. Evarts, Morrison R. Waite.
Counsel for Great Britain—Sir Roundelln Palmer.
Solicitor for the United States—Charles C. Beaman, jr.
The Johnson-Clarendon Convention. Convention between Great Britain and the United States of America for the settle■ment of all outstanding claims; signed at London, January 14, 1869.
Whereas claims have, at various times since the exchange of the ratifications of the convention between the United States of America and Great Britain, signed at London on the 8th of February, 1853, been made upon the United States on the part of subjects of her Britannic Majesty, and upon the Government of her Britannic Majesty on the part of citizens of the United States; and whereas some of such claims are still pending and remain unsettled, the President of the United States of America, and her Majesty the Queen of the United Kingdom of Great Britain and Ireland, being of opinion that a speedy and equitable settlement of all such claims will contribute much to the maintenance of the friendly feelings which subsist between the countries, have resolved to make arrangements for that purpose by means of a convention, and have named as their plenipotentiaries to confer and agree thereupon, that is to say: The President of the United States of America, Reverdy Johnson, esq., envoy extraordinary and minister plenipotentiary from the United States to her Britannic Majesty;
And her Majesty, the Queen of the United Kingdom of Great Britain and Ireland, the Right Honorable George William Frederick, Earl of Clarendon, Baron Hyde of Hindon, a peer of the United Kingdom, a member of her Britannic Majesty's most honorable Privy Council, knight of the most noble order of the Garter,«knight grand cross of the most honorable order of the Bath, her Britannic Majesty's principal Secretary of State for Foreign Affairs 5 Who, after having communicated to each other their respective full powers, found in good and due form, have agreed as follows: Article I..
The high contracting parties agree that all claims on the part of citizens of the United States upon the Government of her Britannic Majesty, including the so-called Alabama claims, and all claims on the part of subjects of her Britannic Majesty upon the Government of the United States, which may have been presented to either Government for its interposition with the other since the 26th of
JNITED STATES AND GREAT BRITAIN.
July, 1853, the day of the exchange of the ratifications of the convention concluded between the United States of America and Great Britain, at London, on the 8th of February, 1858, and which yet remain unsettled, as well as any other such claims which may be presented within the time specified in Article III of this convention, whether or not arising out of the late civil war in the United States, shall be referred to four commissioners, to be appointed in the following manner, that is to say: two commissioners shall be named by the President of the United States, by and with the advice and consent of the Senate, and two by her Britannic Majesty. Incase of the death, absence, or incapacity of any commissioner, or in the event of any commissioner omitting or declining or ceasing to act as such, the President of the United States, or her Britannic Majesty, as the case may be, shall forthwith name another person to act as commissioner in the place or stead of the commissioner originally named.
The commissioners so named shall meet at Washington at the earliest convenient period after they shall 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, without fear, favor, or affection to their own country, upon all such claims as shall be laid before them on the part of the Governments of the United States and of her Britannic Majesty, respectively, and such declaration shall be entered on the record of their proceedings.
The commissioners shall then,and before proceeding to any other business, name some person to act asan arbitrator or umpire, to whose final decision shall be referred any claim upon which they may not be able to come to a decision. If they should not be able to agree upon an arbitrator or umpire, the commissioners on either side shall name a person as arbitrator or umpire, and in each and every case in which the commissioners may not be able to come to a decision, the commissioners shall determine by lot which of the two persons so named shall be the arbitrator or umpire in that particular case. The person or persons so to be chosen as 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 made and subscribed by the commissioners, which shall be entered on the record of their proceedings. In the event of the death, absence, or incapacity of such person or persons, or of his or their omitting, or declining, or ceasing to act as such arbitrator or umpire, another person shall be named, in the same manner as the person originally named, to act as arbitrator or umpire in his place and stead, and shall make and subscribe such declaration as afore
The commissioners shall then forthwith proceed to the investigation of the claims which shall be presented to their notice. They shall
investigate and decide upon such claims in such order and in such manner as they may think proper, but upon such evidence or information only as shall be furnished by or on behalf of their respective Governments. The official correspondence which has taken place between the two Governments respecting any claims shall be laid before the commissioners, and they shall, moreover, be bound to receive and peruse all other 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 agentforsuch Government, on each and every separate claim. Should they fail to decide by a majority upon any individual claim, they shall call to their assistance the arbitrator or umpire whom they may have agreed upon, or who may be determined by lot, as the case may be; and such arbitrator or umpire, after having examined the official correspondence which has taken place between the two Governments, and the evidence adduced for and against the claim, and after having heard, if required, one person on each side as aforesaid, and consulted with the commissioners, shall decide thereupon finally and without appeal.
Nevertheless, if the commissioners, or any two of them, shall think it desirable that a sovereign or head of a friendly State should be arbitrator or umpire in case of any claim, the commissioners shall report to that effect to their respective Governments, who shall thereupon, within six months, agree upon some sovereign or head of a friendly State, who shall be invited to decide upon such claim, and before whom shall be laid the official correspondence which has taken place between the two Governments, and the other written documents or statements which may have been presented to the commissioners in respect of such claims.
The decision of the commissioners, and of the arbitrator or umpire, shall be given upon each claim in writing, and shall be signed by them respectively, and dated.
In the event of a decision involving a question of compensation to be paid being arrived at by a special arbitrator or umpire, the amount of such compensation shall be referred back to the commissioners for adjudication; and in the event of their not being able to come to a decision, it shall then be decided by the arbitrator or umpire appointed by them, or who shall have been determined by lot.
It shall be competent for each Government to name one person to attend the commissioners as agent on its behalf, 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 President of the United States of America, and her Majesty the Queen of the United Kingdom of Great Britain and Ireland, hereby solemnly and sincerely engage to consider the decision of the commissioners, or of the arbitrator or umpire, as the case may be, as abso