New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-09-08

liberty applies solely to the sea fishery, am
that salmon and shad fisheries, and all othe
fisheries in rivers and mouths of rivers, ar
hereby reserved exclusively for fishermen 0
the United States.
| ARTICLE Xxx.
1t is agreed that the places designated b,
the commissioners appointed under the mrs
article of the treaty between the United
States and Great Britain, concluded at Wash
| ington on the fifth of June, 1854, upon thu
coasts of Her Britannia Majesty g dominions
| and the United States, as places reserved
from the common right of fishing undel
that treaty, shall be regarded as in like
manner reserved from the common right o.
fishing under the preceding articles. In case
any question should arise between the gov
ernments of the United States and Hel
Britannia 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 man
ner, and have the same powers, duties and
authority as the commission appointed un
der the said first article of the treaty of the
| fifth of June, 1854.
ARTICLE XXI.
1t is agreed that, for the term of years
mentioned in article xxxiii of this treaty
! fish oil and fish of all kinds Except fish OF
| the inland lakes, and of the rivers falling
| into them, and except fish preserved in oil
| being the produce of the fisheries OF the
| United States, or of the Dominion of Can
| ada, or of Prince Edwards Island, shall be
| admitted into each country, respectively
| free of duty.
ARTICLE XXI.
| Inasmuch as it is asserted by the govern
ment of Her Britannia Majesty that the
tn thn af
| United States under article xviii of this
treaty are of greater value than those
| accorded by articles xix and xxi of this
! treaty to the subjects of Her Britannia
| Majesty, and this assertion is not admitted
| by the government of the United States,
| it is further agreed that commissioners shall
be appointed to determine, having regard
to the privileges accorded by the United
| 70 the subjects of Her Britannia Majesty,
as stated in articles xix and xxi Of this
treaty, the amount of any compensation
which, in their opinion, ought to be paid BY
the government of the United States to the
government of Her Britannia Majesty in
return for the privileges accorded to the
citizens of the United States under article
xviii of this treaty; and that any sam OF
money which the said commissioners may
so award shall be paid by the United States
government in a gross sum within twelve
months after such award shall have been
given.
ARTICLE XIII.
The commissioners referred to in the pre-
ceding article shall be appointed in the toll
lowing manner, that is to say: One commits
sioner shall be named by the President of
the United States, one by Her Britannia
Majesty, and third by the President of the
United States and Her Britannia Majesty
conformity; and in case the third commits
sin haU ha haan 81 WI
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 Hun
gary. In case of the death, absence, or IN.
capacity of any commissioner, or in the
event of any commissioner emitting or
ceasing to act, the Tacancy shall be filled in
the manner hereinbefore provided for max
ing the original appointment, the period of
three months in case of such substitution
being calculated from the date of the happen
ing of the vacancy.
The commissioners so named shall meet in
the city of Halifax, in the province of Nova
Scotia, at the earliest convenient period
after they have been respectively named,
and shall, before proceeding to any bust
ness, make and subscribe solemn declara-
ton that they will impartially and care
fully examine and decide the matters re-
ferred to them to the best of their judg-
ment, and according to justice and equity;
and such declaration shall be entered on the
record of their proceedings.
Each of the high contracting parties shall
also name one person to attend the commits
sion as its agent, to represent it generally
in all matters connected with the commits
sion.
ARTICLE XIV.
The proceedings shall be conducted in
such order as the commissioners appointed
under articles xxi and xiii of this treaty
shall determine. They shall be bound to
receive such oral or written testimony as
either government may present. If either
party shall offer oral testimony, the other
party shall have the right of cross-examina-
ton, under such rules as the commissioners
shall prescribe.
If in the case submitted to the commits
sioners either party shall have specified or
alluded to any report or document in its
own exclusive possession, without annex
ing copy, such party shall be bound, if
the'other party thinks proper to apply for
it, to furnish that party with a copy thereof;
and either party may call upon the other,
through the commissioners, to produce the
originals or certified copies of any papers
adduced as evidence, giving in each in
stance such reasonable notice as the COM
missiOners may require.
The case on either side shall be closed
within period of six months from the date
of the organization of the commission, and
the commissioners shall be requested to
give their award as soon as possible there
after. The aforesaid period of six months
may be extended for three months in case
of vacancy occurring among the COM
missioners under the circumstances con.
templated In article XIII of this treaty.
ARTICLE XIV.
The commissioners shall keep an accurate
record and correct minutes or notes of all
their proceedings, with the dates thereof,
and may appoint and employ secretary
and any other necessary officer or officers to
assist them IN the transaction of the bust
ness 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-
trayed by the two governments in equal
ARTICLE XVI.
The navigation of the river st. Lawrence.
ascending and descending, from the forty
fifth parallel of north latitude, where it |
ceases to form the boundary between |
the two countries, from, to, and into the |
sea, shall forever remain free and open for |
the purposes of commerce to the citizens of |
the United States subject to any laws and |
of Great Britain, or of the Do |
minion of Canada, not inconsistent with |
such privilege of free navigation.
The navigation of the rivers Yukon, Por- |
cupine and Stikine, ascending and descend
ing, from, to, and into the sea, shall forever /
remain free ond open for the purposes of |
to the subjects of her Britannia
Majesty and to the citizens of the United
90 L.