New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-09-02

liberty applies solely to the sea fishery, and
that salmon and shad fisheries, and all other
fisheries in rivers and mouths of rivers, are
hereby reserved exclusively for fishermen Oh
the United States.
ARTICLE Xxx.
It is agreed that Replaces designated by
the commissioners appointed under the nrst
article of the treaty between the united
States and Great Britain; concluded at W ASH
ington on the fifth of June, 1854, upon tne
coasts of Her Britannia Majesty domlnionss
and the United States, as places reserved
from the common right OF flshlng unaer
that treaty, shall be regarded as In IKE
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 rlgnt
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 fine 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 xxxll1 OF thls treaty,
fish oil and fish of all kinds Except flsh OF
the inland lakes, and OF the rivers ialiing
into them, and except fish preserved IN OH,
being the produce of the fisheries OF the
United States, or OF the DOMINION VI IN W
ada, or of Prince Edwards Island, snail DC
admitted into each country, respectively,
free of duty.
ARTICLE XXI.
Inasmuch as it is asserted by the govern
meut of Her Britannia Majesty that the
privileges accorded to the citizens OF the
United States under article xviii of this
treaty are of greater value than those
accorded by articles xix and XXI OF TINS
treaty to the subjects of Her Britannia
Majesty, and this assertion is not admitted
bv 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 Dy
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 toll
lowing manner that is to say: One commas
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
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 d 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 thew will impartially and care
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.
eba1 no 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 crossexamina-
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 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
nissiOners 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-
| 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
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
Sc