VOL. 47 The Huntingdon Journal. J. R. DURBORROW, PUBLISHERS END PROPRIETORS. Office on the Cooarr of Bath and Washin9idn streets. THE HUNTINGDON JOURNAL is published every Wednesday, by J. It. DURBORROW and J. A. NASH, under the firm name of J. It. DURDORROW & Co., at $2,00 per annum, IN ADVANCE, or $2.50 if not paid for in six months from date of subscription, and $3 if not paid, within the year. Igo paper discontinued, unless at the option of the publishers, until all arrearages are paid. ADVERTISEMENTS will be inserted at Too CENTS per line for each of the first four insertions, rnd rive CENTS per line for each subsequent inser tion lees than three months. Regular monthly and yearly advertisements will be inserted at the following rates : 3mlOm 9mi l y 3m 2io iOO, 50; I Buo 4 col 900 '4 001 EOO 10 0042 " 2100 6001000 14 03:1300. "34 00 89911100 2400 20001 9 50.18 04 25 00 30 00 1 col 36 09 1 Inch 2 ~ 4 " 5 " Special notices will be inserted at TWELVE AND A HALF CENTS per line, and local and editorial no-. flees at FIFTEEN CENTS per line. All Resolutions of Associations, Communications of limited or individual interest, and notices of Mar riages and Deaths, exceeding five lines, will he °barged TEN CENTS per line. Legal and other notices will be charged to the party having them inserted. Advertising Agents must find their commission outside o' these figures. All advertising accounts are due and collectable when the advertisement is once inserted. JOB PRINTING of every kind, in Plain and Fancy Colors, done with neatness and dispatch.— Iland-bills. Blanks, Cards. Pamphlets, shc., of every variety and style, printed at the shortest notice, and every thing in the Printing line will be execu ted in the most artistic manner and at the lowest rate.. Professional Cards 1 - 1 CALDWELL, Attorney -at-Law, •No. 111, 11 street. Office formerly occupied by Messrs. Woods 65 Williamson. [apl2,'7l. DR. It. R. WIESTLING, respectfully offers his professional services to the citizens - of Huntingdon and vicinity. Odice restored to No. 61814 Hill street. (Sortie's [apr.s;7l-Iy. 'FIR. J. C. FLEMMING respectfully offers his professional services to the citizens of Huntingdon and vicinity. Office second floor of Cunningham's building, on corner of 4th and Hill Street. may 2 4. R. D. P. MILLER, Office on Hill ri street, in the room formerly occupied by Dr. John M'Culloch, Huntingdon, Pa., would res pectfully offer his professional services to the citi zens of Huntingdon and vicinity. [jan.4,'7l. DR. A. B. BRUMBAUGH, offers his professional services to the community. Office, No. 523 Washington street, one door east of the Catholic Parsonage. J. GREENE, Dentist. Office re- A-Ii• moved to Leister's new building, Hill etre•t Tr—itingdon. Ljan.4,'7l. Cl_ L. ROBB, Dentist, office in S. T. I.A • Br, wn's new building, No. no, ffill St., lluntingdon, Pa. [upl2,'7l. - H GLAZIER, Notary Public, corner • of Washington and Smith streets. Hun tingdon, Ps. Dan.l2'7l. TT C. MADDEN, Attorney-at-Law. • Office, No. —, Hill street, Huntingdon, Pa. (ap.19,"i1. JSYLVANUS BLAIR, Attorney-at- • Law, Huntingdon, Pa. Office, Hill street, throe doors west of Smith. [jan.4'7l. CIL PATTON, Druggist and Apoth • ecary, opposite the Exchange Hotel, Hun tingdon, Pa. Prescriptions accurately compounded. Pure Liquors for Medicinal purposes. [n0r.23,70. JHALL MUSSER, Attorney-at-Law, • No. 319 Bill et., Huntingdon, Pa. [jun.4,"il. .R. DURBORROW, Attorney-at ci • Law, Huntingdon, Pa., will practice in the several Courts of Huntingdon county. Particular attention given to the settlement of estates of dece dents. Office in he JonnxlT.. Building. [feb.l,'7l JA. POLLOCK, Surveyor and Real • Estate Agent, Huntingdon, Pa., will attend to Surveying in all its branches. Will also buy, nell, or rent Farms, Houses, and Real Estate of ev ery kind, in any part of the United States. Send for a circular. W. MATTERN, Attorney-at-Law J • and General Claim Agent, Huntingdon, Pa., Soldiers' claims against the Government for back pay, bounty, widows' and invalid pensions attend ed to with great care and promptness. Office on Hill street. TTALLEN LOVELL, Attorney-at,- • Law, Huntingdon Pa. Special attention given to CoLLecTioxs of all kinds; to the settle ment of Estates, to.; and all other Legal Business proseduted with fidelity and dispatch. Office in room lately occupied by It. Milton Speer, Esq. [jan.4,7l. PM a M. S. LYTLE, Attorneys . at-Law, Huntingdon, Pa., will attend }o all kinds of legal business entruste&to their care. Office on the south side of Hill street, fourth door wog. of Smith. Ljan.4,7l. TPI A. ORBISON, Attorney-at-Law, -a-L• Office, 321 Hill street, Huntingdon, Pa. [may3l,7l. JOHN SCOTT. S. T. BROWN. J. N. DAILEY rn ICOTT, BROWN & BAILEY, At torneya-st-Law, Huntingdon, Pa. Pensions, and all claims of soldiers and soldiers' heirs against the Government will be promptly prosecuted. Office on Hill street. (jan.4,'7l. TW. MYTON, Attorney-at-Law, Hun • tingdon, Pa. Oface with J. Sowell Stewart, Esq. Unn.4,71. 'WILLIAM A. FLEMING, Attorney at-I;aw, Huntingdon. Pa. Special attention given to collections, and all other hgal business attended to with care and promptness. Office, Nu. 229, Hill street. [apl9,ll. Miscellaneous E:ORANGE HOTEL, Huntingdon, Pa. JOHN S. MILLER, Proprietor. Jonuary 4, 1871. NEAR THE RAILROAD DEPOT, COR. WAYNE and J'LTNIATA STREETT ITNITEI) STATES HOTEL, HOLLIDAYSBURG, PA. M'CLAIN L CO., PnoPalaTorta ROBT. KING, Merchant Tailor, 412 Washington street, Huntingdon Pa., a lit eral share of patronage respectfully solicited. A prill2, 1871. LEWISTOWN BOILER WORKS. SNYDER, WEIDNER a CO., Idanufae urers of Locomotive and Stationary Boilers, Tanks, Pipes, Filling-Barrows for Furnaces, and Sheet Iron Work of every description. Works on Logan street, Lewistown, Pa. All orders pe^,,4 attended to. Repairing done at short [Apr 5,71,1y.* W. T. HOWARD, MORRISON HOUSE, OPPOSITE PENNSYLVANIA R. R. DEPOT HUNTINGDON, PA HOWARD & CLOVER, Prop's. April 5, 1871—ly. COLORED PRINTING DONE AT the Journal Moe, at Philadelphia prices. ...:,E .......:„ The. ._i, .., ~, .e..,,. ~„ .....: , t.„....: L-.-.F.1. ...... ..... r. -.r. MI t - .4 :-... , 7.-.. ,0 Y. 0 • . i 1 - 7 4 , ' , i • 11. .: .r . , ' t , z ' , g 'I i e, -.- - - 4 I . ; '''', -n '...i. ' ••.,.. - A . , ... ..4_ .2:- i t-: (--- e - - G ..- ® I ~,- - I United States Laws. [OFFICIAL.) L AWS J. A. NASH, UNITED STATES PASSED AT THE FIRST SESSION OF THE FORTY SECOND CONGRESS. TREATY BETWEEN THE UNITED STATES AND GREAT BRITAIN Claims, Fisheries, iram:qation of the St. Lawrence, &c., American Lumber on the River St. John, Boundary. 6ml9mlly 118 - Tols' 58.0 00 150 ou 65 By the President of the United States. A PROCLAMATION Whereas a Treaty, between the United States of America and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, concerning the set tlement of all causes of difference between the two countries, was concluded and signed at Washington by the High Com missioners and Plenipotentiaries of the respective Governments on the eighth day of May last; which Treaty is, word for word, as follows : The United States of America and Her Britannic Majesty; being desirous to pro vide for an amicable settlment of all cau ses of difference between the two countries, have for that purpose appointed their res pective Plenipotentiaries, that is to say : the President of the United States has appointed, on the part of the United States, as Commissioners in a Joint High Com mission and Plenipotentiaries, Hamilton Fish, Secretary of State; Robert Cumming. Schenck, Envoy Extraordinary and Min ister Plenipotentiary to Great Britain ; Samuel Nelson, an Associate Justice of the Supreme Court of the United States; Eb enezer Rockwood Hoar, of Massachusetts; and George Henry Williams, of Oregon; and Her. Britannic Majesty, on her part, has appointed as her High Commissioners and Plenipotentiaries, the Right Honour able George Frederick Samuel, Earl de Grey and Earl of Ripon, Viscount Goder ich, Baron Grantham, a Baronet, a Peer of the United Kingdom, Lord President of Her Majesty's Most Honourable Privy Council, Knight of the Most Noble Order of the Garter, etc., etc.; the Right Hon ourable Sir Stafford Henry Northcote, Baronet, one of Her Majesty's Most Hon ourable Privy Council, a Member of Par liament, a Companion of the Most Hon ourable Order of the Bath, etc., etc. • Sir Edward Thornton, Knight Commander of the Most Honourable Order of the Bath, Her Majesty's Envoy Extraordinary and Minister Plenipotentiary to the United States of America • Sir Jobn Alexandria Macdonald, Knight Commander of the Most Honourable Order of the Bath, a member of Her Majesty's Privy Council fir Canada, and Minister of Justice and Attorney General of Her Majesty's Do minion of Canada ; and Montague Bern ard, Esquire, Chichele Professor of Inter national Law in the University of Oxford. And the said Plenipotentiaries, after having exchanged their full powers, which were found to be in due and proper form, have agreed to and concluded the following articles: ARTICLE I. Whereas differences have arisen between the Government of the United States and the Government of Her Britannic Majek ty, and still exist, growing out of the acts committed by the several vessels which have given rise to the claims generally known as the "Alabama claims :" And whereas Her Britannic Majesty has authorized her High Commissioners and Plenipotentiaries to express, in a friendly spirit, the regret felt by Her Ma jesty's Government for the escape, under whatever circumstances, of the Alabama and other vessels from British ports, and for the depredations committed by those vessels : Now. in order to remove and adjust all complaints and claims on the part of the United States, and to provide for the spee dy settlement of such claims, which are not admitted by Her Britannic Majesty's Government, the High Contracting Par ties agree that all the said claim., growing out of acts committed by the afbresaid vessels and generally known as the "Ala bama claims," shall be referred to a Tribu nal of Arbitration to be composed of five Arbitrators, to be appointed in the follow ing manner, that is to say : One shall be named by the President of the United States; one shall be named by Her Bri tannic Majesty; His Majesty the King of Italy shall be requested to name one.; the President of the Swiss Confederation shall be requested to name one; and His Majes ty the Emperor of Brazil shall be request ed to name one. [jan.4,'7l, In case of the death, absence, or incapa city to serve of any or either of the said Arbitrators, or, in the event of either of the said Arbitrators omitting or declining or ceasitr , to act as such, the President of the United States, or Her Britannic-Ma jesty, or His Majesty the King of Italy, or the President of the Swiss Confedera tion, or His Majesty the Emperor of Bra zil, as the case may be, may forthwith name another person to act as Arbitrator in the place and stead of the Arbitrator originally named by such Head of a State. And in the event of the refusal or omis sion for two months after receipt of the request from either of the High Contract ing Parties of His Majesty the King of Italy, or the President of the Swiss Con federation, or His Majesty the Emperor of Brazil, to name an Arbitrator either to fill the original appointment or in the place of one who may have died, be absent, or incapacitated, or who may omit, decline, or from any cause cease to act as such Ar bitrator, His Majesty the King of Sweden and Norway shall be requested to name one or more persons, as the case may be, to act as such Arbitrator or Arbitrators. ARTICLE 11. Mahls-tf The Arbitrators shall meet at Geneva, in Switzerland, at the earliest convenient day after they shall have been named, and shall proceed impartially and carefully to examine and decide all questions that shall be lfiid before them on the part of the Governments of the United States and Her Britannic Majesty respectively. All questions considered by the Tribunal, in cluding the final award, shall be decided by a majority of all the Arbitrators. Each of the High Contracting Parties shall also name one person to attend the Tribunal as its agent to represent it gen erally in alt matters connected with the arbitration. J. R. CLOVER, ARTICLE 11 1, The written or printed case of each of the two Partie3, accompanied by the docu ments, the official correspondence, and other evidence on which each relies, shall be delivered in buplicate to each or the Arbitrators and to the agent of the other Party as soon as may be after the organi zation Odle Tribunal, but within a period not exceeding six months from the date of the exchange of the ratifications of this Treaty. OF THE Within four months after the delivery on both sides of the written or printed case, either Party may, in like manner, deliver in duplicate to each of the said Arbitra tors, and to the agent of the other Party, a counter case and additional documents, correspondence, and evidence, in reply to the case, documents, corresponcence, and evidence so presented by the other Party. The Arbitrators may, however, extend the time for delivering such counter case, documents, correspondence and evidenc2, when in their judgment, it becomes ne cessary, in et nsequence of the distance of tt.e place from which the evidence to be presented is to be procured. If in the case submitted to the Arbitra tors either Party shall have specified or alluded to any report or document in its own exclusive posession 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 Arbitrators, to produce the originals or certified copies of any papers adduced as evidence, giving in each in stance such reasonable ntice as the Arbi trators may require. ARTICLE V. It shall be the duty of the agent of each Party, within two months after the expira tion of the time limited for the delivery of the counter case on both sides, to deliver in duplicate to each of the said Arbitrators and to the agent of theother Party a writ ten or printed argument showing the points and referring to the evidence upon which his Government relies; and the Arbitra tors may, if they desire further elucidation with regard to any point, require a writ ten or printed statement or argument, or oral argument by counsel upon it; but in such 'case the other Party shall be entitled to reply either orally or in writing, as the case may be. In deciding the matters submitted to the Arbitrators, they shall be governed by the following three rules, which are agreed upon by the High Contracting Parties as rules to be taken as applicable to the case, and by such principles of International Law not inconsistent therewith as the Ar bitrators shall determine to have been ap plicable to the case. A neutral Government is bound— First, -to use due diligence to prevent the fitting out, arming, or equipping, with in its jurisdiction, of any vessel which it has reasonable ground to be.ieve is intend ed to cruise or to carry on war against a Power with which it is at peace; and also to use like diligence to prevent the depar ture from its jurisdiction of any vessel in tended to cruise or carry on war as above, such vessel having been specially adapted, in whole or is part within such jurisdic tion, to warlike use. Secondly, not to permit or suffer either belligerent to make use of its ports or wa ters as the base of naval operartions against the other, or for the purpose of the renewal or augmentation of military sspplies or arms, or the recruitment of men. Thirdly, to exercise due diligence in its own ports and waters, and, as to all persons within its jurisdiction, to prevent any vio lation of the foregoing obligations and duties. Her Britannic Majesty has commanded her High Commissioners and Plenipoten tiaries to declare that Her Majesty's Gov ernment cannot assent to the foregoing rules as a statement of principles of Inter national Law which were in force at the time when the claims mentioned in Arti cle I arose, but that Her-Majesty's Gov ernment, in order to evince its desire of strengthening the friendly relations be tween the two countries and of making satisfactory provision for the future, agrees that in deciding the questions between the two countries arising out of those claims, the Arbitrators should assume that Her Majesty's Government bad undertaken to act upon. the principles set forth in these rules. And - the High Contracting Parties to observe these rules as between them selves in the future, and to bring them to the knowledge of other maratime Powers, and to invite them to accede to then* ARTICLE VII. The decision of the Tribunal shall, if possiole, be made within three months from the close of the argument on both sides. It shall be made in writinr , and dated,• and shall be signed by the Zrbitrators who may assent to it. The said Tribunal shall first determine as to each vessel separately whether Great Britain has, by any act or omission, failed to fulfil any of the duties set forth in the foregoing throe rules, or recognized by the principles of International Law not inconsistent with such rules, and shall cer tify such fact as to each of the said vessels. In case the Tribunal find that Great Brit ian has failed to fulfil any duty or duties as aforesaid, it may, if it think proper, *proceed to award a sum in gross to be paid by Great Britian to the United States tbr all the claims referred to it • and in such case the gross sum so awarded shall be paid in coin by the Government of Great Britian to the Government of the United States, at Washington, within twelve months after the - date of the award. The award shall be in duplicate, one copy whereof shall be delivered to the agent of the United States for his Govern ment, and the other copy shall be deliver ed to the agent of Great Britain for his Government. ARTICLE VIII. Each Government shall pay its own agent and provide for the proper remuneration of the counsal employed by itend of the Arbitrator appointed by it, and for the expense of preparino• ' and submitting its case to the Tribunal. All other expenses connected with the arbitration shall be defrayed by the two Governments in equal moieties. The Arbitrators shall keep an accurate record of their proceedings, and may ap point and employ the necessary officers to assist them. In case the Tribunal finds that Great Britain has failed to fulfil any duty or duties as aforesaid, and does not award a sum in gross, the High Contracting Par ties agree that a board of Assessors shall be appointed to ascertain and determine what claims are valid, and what amount or amounts shall be paid by Great Britain to the United States on account of the liabil ity arising from such failure, as to each vessel, accordinc , to the extent of such liability as decided by the Arbitrators. The'.Board of Assessors shall be consti tuted as follows: One member thereof shall he named by the Presidek of the United States, one member thereof shall be named by Her Britannic Majesty; and one member thereof shall be named by the Representative at Washington of his Majesty the King of Italy; and in ease of a vacancy happening from any cause, it shall be filled in the same manner in which the original appointment was made. As soon as vissible after such nomina tions the Board of ASSCStijI'S shall be or ganized in Washington, with power. to hold their sittings there, or in New York, or in B.iston. The members thereof shall severalysfibscribe a solemn declaration that they will impartially and carefully exam ine and decide, to the best of their judg ment and according to justice and equity, all matters submitted to them, and shall forthwith - proceed, under such rules and regulations as they may prescribe, to the investization of the claims which shall be presented to them by the Government of the United States, and shall examine and decide upon them in such order and man ner as they may think proper, but upon such evidence or.infoemation only as shalt be furnished by or on behalf of the Gov ernment of the United States and of Great Britain, respectively. They shall be bound to heat on each separate claim, if required, one person on behalf of each Government, • as counsel or agent. A majority of the • Assessors in each case shall be sufficient for a decision. The decision of the Assessors shall be given upon each claim in writing, and shall be signed by them respectively cal dated. ARTICLE IV Every claim shall be presented to the Assessors within six months from the day of their first meeting, but they may, f good cause shown, extend the time for the presentation of and claim to a further pe riod not exceeding three months. The Assessors shall report to each Gov ernment at or before the expiration of one year from the date of their first meeting the amount of claims decided by them up to the date of such report; if further claims then remain undecided, they shall make a further report at or before the ex piration of two years from the date of such first meeting; and in case any claims re main undetermined at that time, they shal. make a final report within a further period of six months. • ARTICLE VI The report or reports shall be made in duplicate, and one copy thereof shall be delivered to the Secretary of State of the United States, and one copy thereof to the Representative of Her Britannic Majesty at Washington. _ _ _ RULES All sum; of money which may be award ed under this Article shall be payable at Washington, in coin, within twelve months after the delivery of each report. The Board of Assessors may employ such clerks as they shall think necessary. The expenses of the Board of Assessors shall be borne equally by the two Govern ments, and paid from time to time, as may be found expedient, on the production o:* accounts certified by the Board. The re muneration of the Assessors shall also be paid by the two Governments in equal moieties in a similar manner: ARTICLE XI. The High Contracting Parties engage to consider the result of the proceedings of the Tribunal of Arbitration and of the Board of Assessors, should such Board be appointed, as a full, perfect, and final set tlement of all the claims hereinbefore re ferred to; and farther engage that every such claim, whether the same may not have been presented to the notice of; made, preferred, or laid before the Tribunal or Board, shall, from arid after the conclusion of the proceedings of the Tribunal or Board, be considered and treated as finally settled, barred, and thenceforth inadmis The High Contracting Parties agree that all claims on the part of corporations, companies, Or private individuals, citizens of the United States, upon the Govern ment of Her Britannic Majesty, arising out of acts committed against the persons or property of citizens of the United States during the period between the thirteenth. of April, eighteen hundred and sixty-one, and the ninth of April, eighteen hundred and sixty-five, inclusive, not being claims growing out of the acts of the vessels re ferred to in Article I of this Treaty, and all claims, with the like exception, on the part of corporations, companies, or private individuals, subjects of Her Britannic Majesty during the same period, which may have been presented to either Govern ment for its interposition with the other, and which yet remain unsettled, as well as 'any other such claims which may be pre sented within the time specified in Article XIV of this Treaty, shall be referred to three Commissioners, to be appointed in the following manner, that is to say : One Commissioner shall-be named by the Pres ident 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 of the exchange of the rati fications of this Treaty, then the third Commissioner shall be named by the Rep resentative at Washington of His Majesty the King of Spain. in case of tfie death, absence, or incapacity of any Commission er, or in the event of any Commissioner omitting or ceasing to act, the vacancy shall be filled in the manner hereinbefbre provided for making the original appoint: meat; the period of three months in case of such substitution being calculated from the date of the happening of the vacancy. . . The Commissioners so named shall meet at Washington at the earliest convenient period after they have been respectively named ; and shall, before proceeding to any business, make and subscribe a solemn dec laratiou that they 'will impartially and carefully examine and decide, to the best of their judgment, and according to jus tice and equity, all such claims as shall be laid before them on the part of the Gov ernments of the United States and of Her Majesty, respectively; and such declara tion shall be entered on the record of their proceedings. ARTICLE xra ARTICLE IX, The Commissioners shall then forthwith proceed to the investigation of the claims which shall be presented to them. They shall investigate and decide such claims in such order and such manner as they may think propei, but upon such evidence or information only as shall be furnished by or on behalf of the respective Governments. They shall be bound to receive and con sider all written documents or statements which may be presented to them by or on behalf of the respective Governments in ARTICLE X. HUNTINGDON, PA., JANUARY 10, 1872 ARTICLE XII, support of, or in answer to, any claim, and to hear, irtrequired, one person on each side, on behalf of each Government, as counsel or agent for such Government, on each and every separate claim. A major ity of the Commissioners shall be sufficient for an awatd in each case. The award shall be given upon each claim in writing, and shall be signed by the Commissioners assenting to it. It shall be competent for each Government to name one person to attend the Commissioners as its agent, to present and support claims on its behalf, and to answer claims made upon it, and to represent it generally in all matters con nected with the investigation and decision thcreef. The High Contracting parties hereby engage to consider the decision of the Commissioners as absolutely final and con clusive upon each claim decided upon by them, and to give full effect to such de cisions without any objection, evasion, or delay whatsoever. ARTICLE XIV Every claim shall be presented to the Commissioners within six months from the day - of their first meeting, unless in any case where reasons for delay shell be es tablished to the satisfaction of the Com m:ssioners, and than, and in any much ease, the period for presenting the claim may be extended by them to any time not ei-ceeding three months longer, The Commissioners shall be bound to examine and decide upon every claim within two years front the day. of their first meeting. It shall be competent for the Commissioners to decide in each case whether any claim has or has not been du ly:puede, preferred, and laid before them, either wholly or to any and what extent, adcording to the true intent and meaning ofthis Treaty. ARTICLE XV 'All sums of money which may be award ed:by the Commissioners ,on account of any claim skill be paid by the one Gov ernment to the other, as the case may be within twelve months after the date ofthe final award, without interest, and without deduction save as specified in Article XVI of this Treaty. ARTICLE XVI, The Commissioners shall keep an accu rate record, ffnd correct minutes or notes ofall their proceedings, with the dates thereof, and may appoint and employ a ecretary, and any other necessary officer or officers, to assist them in the transae tien of the business which may come be fore them. Each Governinent shall pay its own Commissioner and agent or counsel. All other expenses shall be defrayed by the two Governments in equal moieties. The whole expenses of the Commission, including contingent expenses, sha.l be defrayed by a ratable deduction on the amount of the sums awarded by the Com miesioners, provided always that such de duction•shall net exceed the rate of five per cent. on the sum so awarded. NIITICLE XVII. The nigh Contracting Parties engage to consider the result of the proceedings of this Commission as a full, perfect, and final settlement of all such claims as are. mentioned in Article X[l of this Treaty upon either Government; and further en gage that evey such claim, whether or not. the same may have been presented to the notice of, made, preferred, or laid before said Commission,.shall, from, and after the conclusion of the proceedings of the said Comtnissiongbe considered and treated as dually settled, barred, and thenceforth in admissible. ARTICLE XVIII, It is agreed by the High Contracting Parties that, in addition to the liberty se cured to the United States fishermen by the Convention between the United States and Great Britain, signed at London on the 20th' day of October, 1818, of taking, curing, and drying fish on certain coasts of the British North American Colonies therein defined.j the inhabitants of the United States shall have, in common with the subjects of Her Britannic Majesty, the liberty, for the term of years mentioned in Article XXXIII of this Treaty, to take fish of every kind, except shell-fish, on the sea-coasts and shores, and in the bays, 'harbours, and creeks, of the Provinces of Quebec, Nova Scotia, and New Brunswick, and the Colony of Prince Edward's Island,. and of the several islands thereunto auja cent, without being restricted to any dis tance from the shore, with permission to land upon the said coasts and shores and 'islands, and also upon the Magdalen Islands, for the purpose of drying their nets and curing their fish ; provided that, in so.do bag, they do not interfere with the rights of private property, or with British fisher men, in the peaceable use of any partof the said coasts in their occupancy for the same purpose. It is understo , d that the above-mention ed liberty applies solely to the sea fishery, and that the salmon and shad fisheries, and all other fisheries in rivers and the mouths of rivers, are hereby reserved exclusively fbr dritish fishermen. ARTICLE XIX. It is, agreed by the High Contracting Parties that British subjects shall hare, in common with the citizens of the United States, the liberty, for the term of years mentioned in Article •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 there unto 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, the the pur pose 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. It is under'stojd that the above mention ed liberty applies solely to the sea fishery, and that salmon and shad fisheries, and all other fisheries in rivers and months of rivers, are hereby reserved exclusively fir fishermen of the United States. ARTICLE XX., It is agreed that the places designated by the Commissioners appointed under the first Article of the treaty between the United States and Great Britain, conclu ded at Washington on the sth of June, 1854, upon the coast of Her Britannic Ma jesty's Dominions and the United States, as places reserved from the common right of fishing under that Treaty, shall be re garded as in like manner reserved from the common right of fishing under the pre ceding 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 to designate such places, and shall be constituted in the same manner, and have the same powers, duties, and au thority as the Commission appointed under the said first Article of the Treaty of the sth of June. 1854. ARTICLE XXI. It is agreed that, for the term of years mentioned in Article XXXIII of this Treaty, fish oil and fish of all kinds, (ex cept fish of the inland lakes, and ofathe rivers falling into them, and except, fish preserved in oil,) being the produce of the fisheries of the United States, or of the Dominion of Canada, or of Prince Edward's Island, shall be admitted into each country, respectively, free of duty. ARTICLE XXII. Inasmuch as is asserted by the Gov ernment of Her Britannic Majesty that the privileges accorded to the citizens of the United Stets under Article XVII of this Treaty are of greater value than those accorded by Ankh% XIX and XXI -of this Treaty to the subjects of Her Britan nic Majesty, and this assertion is not ad witted by the Government of the United States, it is further agreed that Commis sioners 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 Arti cles XIX and XXI of this Treaty, the amount of any compensation which, in their opinion, ought to be paid by the Gov ernment of the United States to the Gov ernment of Her Britannic Majesty in re turn for the privileges accorded to the ci tizens of the United States under Article XVII of this Treaty; and that any sum of money which Me 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. ARTICLE XXIII The Commissioners referred to in the preceding Article shall be appointed in the following manner, that is to say: One Commissioner shall be named by the Pre sident of the United States, one by Her Britannic Majesty, and a third by the Pre sident of the limited States and Her Bri tannic 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 Com missioner, or in the event of any Commis sioner omitting or ceasing to act, the va cancy shall be filled in the manner herein be.ore provided for making the original appointment, the period of three months in case of such substitution being calcula ted from the date of the happening of the vacancy. The Commissioners so named shall meet in the City of Halifax, in the Province of Nova Scotia, at the earliest convenient pe riod after they have been respectively nam ed, and shall, before proceeding to any busi ness, make and subscribe a solemn decla ration that they will impartially and carefully examine and decide the mat ters 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 pro ceedings. • Each of the High Contracting Parties shall also name one person to attend the Commission as its agent, to represent it generally in all matters connected with the Commission. 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-tes timony 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. . If in the case submitted to the Com missioners either Party shall have specified or alluded to auy report or document in its own exclusive possession, without an nexing 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, tlfrougla 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 mouths from the date of the organization of the Commission, and the Commissioners shall be requested to give their award as soon as possible thereafter. The aforesaid period of six months may be extended for three months in ease of a vacancy occurring among the Commissioners under the circumstances contemplated in Article XXIII of this Treaty. Ann= XXV. The Commissioners shall keep an accu rate record and correct minutes or notes of all their proceedings, with the dates there of, 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 de frayed by the two Governments in equal moieties. ARTICLE XXVI The navigation of the river St. Law rence, 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 de scending, from, to, and into the sea, shall forever remain free and open fur the pur poses 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 XX VII, The Government of her Britannic Maj esty engages to urge upon the Gov, rnment 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 equali ty 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 Status. 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 be tween the possessions of the High Con tracting 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 mentioned in Article XXXIII of this Treaty, be free and open for the purposes of commerce to the subjects of [Ter Britannic Majesty, subject to any ' s and regulations of the United Stater. the States bordering thereon not ir .ent with such privi lege of free n:IN don. Air • ...LA XXIX. It was agreed that, for the term of years mentioned in Article XXXIII of this Treaty, goods, wares, or merchandise ar riving at the ports of New York. Boston, and Portland, and any other ports in the United States which 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 Pos sessions 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 condi tions 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 con veyed 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 fitrther agreed that, for the like period, goods, wares, or merchandise ar riving 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 reve nue as the Governments of the said Pos sessions may from time to time prescribe; and, under like rules, regulations, and con ditions, 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 XXX. It is agreed that, for the terms 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 merchan dise from one port or place within the territory of the United States upon the St: Lawrence, the Great Lakes, and the riv ers connecting the same, to another,port or place within the territory of the United States as aforesaid : Provided, That a por tion of such transportations is made through the Dominion of Canada by land carriage and in bond, under such rules and regulations as may be ar , reed upon between the Government of Britannic Majesty and the Government of the United States. Citizens of the United States may for the like period carry in United States ves sels, without payment of duty, goods, wares, or merchandise from one port or place within the Possessions of Her Bri tannic Majesty in North America to an other port or place within the said Pos sessions : Provided. That a portion of such transportation is made through the • terri tory of the United States by land carriage and in bond, under such rules and regulif tions as may be 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 ter ritory of the United States; and Her Maj esty's Government engages to urge the Parliament of the Dominion of Canada and the Legislature of tte other colonies not to impose any expett duties on goods, wares, or merchandise carried Under this article; and the Government of the United States may, in case such export duties are im posed by the Dominion of Canada, suspend, during the period that such duties are im posed, 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 tertnsof equality with the inhabitantsof the Dominion, as provided in Article XXVII. ARTICLE XXXI, The Government of Her Britannic Maj esty 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 terri tory 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 du ty continues to be levied after the expira tion of one year from the date of the ex change of the ratifications of this Treaty, it is agreed that the Government of the United States may suspend the right of carrying hereinbetbre granted under Arti cle XXX of this Treaty for such period as such export or other duty may be levied. A lITICLE XXXII It is further agreed that the provisions and stipulations of Articles XVIII to XXV of this Treaty, inclusive, shall extend to the Colony of Newfoundland, so far as they are applica ble. But if the Imperial Parliament, the Le gislature of Newfoundland, or the Congress of the United States, shel not embrace the Co lony 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 afore said, shall not in any way impair any other ar ticles of this Treaty. ARTICLE XXXIII. The foregoing Articles XVIII to XXV, in clusive, and Article XXX of this Treaty, shall take effect as soon as the laws required to car ry them into operation shall bare been passed by the Imperial Parliament of Great Britain, by the Parliament of Canada, and by the Le gislature 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 NO. 2. for the period of ten years fromate date at which they may come into operation; and fur ther until the expiration of two years after either of the High Contracting Parties shall have given notice to the other of its with to terminate the same; each of the High—Con trasting Parties being at liberty to give such notice to the other at the end of the said peri od of ten years or at any time afterward. ARTICLE XXXIV , Whereas it was stipulated by Article I of the Treaty concluded at Washineton on the 12th of June, 1846, between the United States and those of Her Britannic Majesty, from the line of boundary between the territories of the United States and those of Her Britannic Majesty, from the point of the forty ninth par allel of north latitude up to which it bad al ready been ascertained, should be continued westward along the said parallel of north lat itude 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 Shafts, to the Pacific Ocean; " and whereas the Com missioners appointed by the two High Con tracting Parties to determine that portion of the boundary which runs southerly through the middle of the channel aforesaid, were un able 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 Goverb ment of the United States claims that it should be run through the Canal de Hero, it is agreed that the respective claims of the Gov ernment of Her Britannic Majesty shall be submitted to the arbitration and award of His Majesty the Emperor of Germany, who, having regard to the abovs mentioned article of the said Treaty, shall decide thereupon, finally and without appeal, which of those claims is most in accordance with the true interpreta tion of the Treaty of June 16, 1846. ARTICLE XXXV, 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 Repre sentatives of other public agents of the United States and of Great Britain, respectively, who may be actually at Berlin, and shall be con sidered as operative from the day of the date of the delivery thereof. ARTICLE XXXVI The written or printed case cf each of the two Parties, accompanied by the evidence of fered in support of the same, shall be laid be tbre His Majesty the Emperor of Germany within six months film the date of the ex change 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 Arbi trator such documents, official correspon dence, and other official or public statements bearing on 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 oth er, each Party shall have the power of draw ing 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 definite statement shall be so laid before the Arbitrator, and also br mutually communicated in the same man ner as aforesaid, by each Party to the other, within six months from the date of laying the firs t statemen t of the case before the Arbitrator. ARTICLE %XXVII. If, in the case submitted to the Arbitrator, either Party shall specify or allude to any se port or document in its own exclusive possess ion 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 ad duced 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 be fore 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. ARTICLE XXXViii 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 con duct their cases before the Arbitrator, who shall be requested to address all his communi cations, and give all his notices to such Re presentatives or otherpublic Agents,who shall represent their respective Governments, g in erally, in all matters connected with the arbi tration. ARTICLE XXXIX. It shall be competent to the Arbitrator to proceed in the said arbitration, and all mat ters relating thereto, as and when be shall see fit, either in person, or by a person or persons named by him for that rurpose, in the pres ence or absence of either or both agents, and either orally or by written discussion or other wise. ASTICLIt XL The Arbitrator may, if he think fit, appoint a secretary, or clerk, for the purposes of the proposed arbitration, at such rate of remuner ation as he shall think proper. This, and all other expenses of and connected with the said arbitration, shall be provides: for as hereinaf ter stipulated. _ ARTICLE XLI. The Arbitrator shall be requeited 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. ARTICLE XL II. 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 there. of to each of the said agents. ARTICLE S LIM 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 Senate 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, orearlier if possible. In faith whereof. we, the respective Plen ipotentiaries, have signed this Treaty and have hereunto affixed our seals. in duplicate at Washington the eighth [ay, in the year of our Lord one I eight hundred and seventy-one. HAMILTON FISH. ROBT C. SCHENCK. SAMUEL NELSON. Done day of 31 thousan, L. S. EBENEZER ROCKWOOD HOAR. GEO. H. WILLIAMS. DEGREY & RIPON. STAFFORD H. NORTHCOTE. EDWD. THORNTON. JOHN A. MACDONALD. MOUNTAGUE BE itiNA RD. And whereas the said Treaty has been duly ratified on both parts, and the respective rati fications of the same were exchanged in the city of London, on the seventeenth. day of June, 1871, by Robert C. Schenck, Envoy Ex traordinary and- Minister Plenipotentiary of the United States,. and Earl Granville, Her Majesty's Principal Secretary of State for For eign Affairs, on the part of their respective Governments : Now, therefore, be it known that I, Ulm= 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 ob— served and fulfilled with good faith by the 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 fourth day of July, in the year of our Lord [seAL.] one thousand eight hundred- and see cn'y-one, and of the independence of the United States the ninety-sixth. By the President : U. S. GRANT_ IL-MILTON FISH, Secretary of State.
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