New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-07-20


| fisheries in rivers and mouths OF rivers, are
| hereby reserved exclusively for fishermen OF
| the United States.
. ARTICLE Xxx.
| 1t is agreed that the places designated by
the commissioners appointed under the first
| article of the treaty between the United
States and Great Britain, concluded at Wash
ingtOn on the fifth of June, 1854, upon the
coasts of Her Britannia Majesty's dOminions
and the United States, as places reserved
| from the common right of fishing under
that treaty, shall be regarded as in like
manner reserved from the common right OF
| fishing under the preceding articles. In case
any question should arise between the gov
| ernments of the United States and Her
Britannia Majesty as to the common right
| of fishing in places not thus designated as
reserved, it is agreed that 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 I'M
| 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 XXxili 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
| privileges accorded to the citizens of the
| United States under article xviii of this
1 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
| to 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 sum of
money which the said commissioners may
so award shall be paid by the United States
| government in 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 fol-
| 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
conjeintly; and in case the third commits
| sioner 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 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 vacancy 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 busi-
| ness, make and subscribe a 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 commls-
sion as its agent, to represent 1T generally
| in all matters connected with the commits
| slon
ARTICLE XXIv.
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, II
| the other party thinks proper to apply for
| it, to furnish that party with 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
! missoners may require.
| The case on either side shall be closed
within a 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 a 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 ali
| 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 it's own commissioner and agent or
counsel; all other expenses shall be de-
frayed by the two governments in equal
moieties.
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
regulations 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
commerce to the subjects of her Britannia
| 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 XVII.
The government of Her Britannia Ma
| IN ant