VOL. 47
The Huntingdon Journal.
J. R. DURBORROW,
PUBLISHERS END PROPRIETORS.
Office on the Cooarr of Bath and Washin9idn streets.
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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.
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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.