fi ii i mi mi i ii " i i i ii official. ',. Between the United States and Great Britain Claims. Fisheries, Navigation of the St. Lawrence, etc; American Lumber om . the River St. John, Boundary. Concluded 3tay 8, 18TI ; lUtifieatione exchanged June 17, 1S71 ; P.-oclaiMedJelg 4, 1871... TIS CXITEO STATES OF r ths rsrsiDxxT or AMERICA. A PROCLAMATION. Whereas a treaty, between the United States of America and her majesty the Queen of the Uni ted Kingdom of Great Britain and Ireland, con cerning the settlement of all causes of difference between the two countries, was concluded and signed at Washington by the High Commission ers and Plenipotentiaries of the respective gov ernments on the eighth day of May last; which treaty is, word for word, as follows : The United States of Amorica aud Her Brit annic Majesty, being desirous to provide for an amicable settlement of all causes of difference between the two countries, hare for (hat purpose appointed their respective plenipotentiaries, that is to say : the President of the United States has appointed, on the part or tne Lniteu states, as Commissioners in a Joint High Commission and Plenipotentiaries, Hamilton Fish, Secretary of State j Robert Cumming Schenck, Envoy Extra ordinary and Minister Plenipotentiary to Great Britain ; Samuel Kelson, an Associate Justice of the Supreme Court of the United States; Ebeu exer Rock wood Hoar, of Massachusetts; and George Henry Williams of Oregon; and Her Britannie Majesty, on her part, has appointed as 'her High Commissioners and Plenipotentiaries, the Right Honorable George Frederick Samuel, Earl de Grey and Earl of Kipon, Viscount Go derich, Baron Grantham, a Baronet, a Peer of the United Kingdom, Lord President of Her Majesty's Most Honorable Privy Council, a Member of Parliament, a Companion of the most Honorable Order of the Bath, etc., etc.; Sir Ed ward Thornton, Knight Commander of the most Honorable Order of the Bath, Her Majesty's En voy Extraordinary and Minister Plenipotentiary to the United States of America; Sir John Alex ander Macdonald, Knight Commander of the most Honorable Order of the Bath, a member of Her-Majesty s Privy Council for Canada, and Minister of Justice and Attorney General of Her Majesty's Dominion of Canada; and Montague Bernard, 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. " - Wboreas differences have arisen between the government of the United States and the govern ment of Her Britannie Majesty, and still exist, a-rowing out of the acts committed by several ves sels which have given rise to the claims generic ally known as the "Alabama claims:" And whereas Her Britannie Majesty has au thorised her High Commissioners and Plenipo tentiaries to express, in a friendly spirit, the re gret felt by Her Majesty's government for the es cape, under whatever circumstances, ot the Ala bama and other vessels from British ports, and for the depredations committed by those vessels : Now, in order to remove and adjust all com plaints and claims on the part of the United States, and to provide for the speedy settlement of such claims, which are not admitted by Her Britannia Majesty s government, the " high con- trading parties agree that all the said claims growing out of acts committed by the aforesaid vessels and genetically known as the "Alabama claims," shall be referred to a tribunal of arbi tration to be composed of five arbitrators, to be appointed in the following manner, that is to say: j One shall be named by the President of the Uni- i ted State; one shall be named by Her Britannie Majesty ; his majesty the King of Italy shall be requested to una one i the President of the i Swiss Confederation shall be requested to name one ; and his majesty the Emperor of Brazil shall be requested to name one. In case of the death, absence, or incap city to serve of any or either ot said arbitrators, or, in the event of either of the said arbitrators omit ting or declining or ceasing to act as such, the President of the United States, or Her Britannie Majesty, or his majesty the King of Italy, or the President of the Swiss Confederation, or his ma jesty the Emperor of Bra .il, as the ease may-be, may forthwith name another person to act as ar bitrator in the place and stead of the arbitrator originally named by such bead of a cHate. i ' And in the event of the refusal or omission for two months after receipt of tho request from either of the high contracting parties of his ma jesty the King of Italy, or the President of the Swiss Confederation; 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 net as such arbitrator, his majesty the King of owed en and .Norway shall be requested to name one or more persons, as the ease may be, to act as such arbitrator or arbitrators. ARTICLE II. , The arbitrators shall meet at Geneva, in Switz erland, at the earliest convenient day after they shall have been named, and shall proceed impar tially and carefully to examine and decide all questions that shall be laid before them on the part of the governments of the United States and Her Britaonio Majesty respectively. All qnestiona considered by the tribunal, including the final award, shall be decided by a majority of all the Arbitrators. Each of the high contracting parties A all also name one person to attend the tribunal as its ager t to represent it generally in all matters con nected with the arbitration ARTICLE III. The written or printed ease of each of the two parties, accompanied by the documents, the offi eial correspondence, and other evidence on which each relies, shall be delivered in duplicate to each of the arbitrators and to the agent of the other party as soon as may be after the organization of tho tribunal, out witnin a peri cm not exceeding six months from the date of the exchange of the ratifications of this treaty. ARTICLE IV. '.f''' - - - Within four months after the delivery on both idee of the written or printed case, either party may, in like manner, deliver in duplicate to each of the said arbitrators, and to the agent of the other party, a counter case and additional docu ments, correspondence, and evidence, in reply to the case, documents, correspondence- and evi dence so presented by the other party. The arbitrators may, however, extend the time for delivering such counter ease, documents, cor respondence, and evidence, when, in their judg ment it becomes necessary, in consequence of the distance of the place from which the evidence to , be presented is to be procured. If in the ease submitted to the arbitrators eith er party shall have specified or alluded to any re port or document in its own exclusive possession 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 : vnd either party may call upon the other, through the arbitrators, to produce the originals or certi - sod copies of any papers adduced as evidence, giving in each instance such reasonable notice a . the arbitrators may require. : ... ARTICLE V. ' It shall be the duty of the agent of each party, within two months after the expiration of the time limited for the delivery of the counter ease on both ides, to deliver in duplicate to each, of ' the said arbitrators and to the agent of the other ' party a written er prii ted argument showing the ' points and referring to the evidence upon which ' his r o vera men t relies ; and the arbitrators mav. if they desire further elucidation with regard to uf noint. require a written or printed statement or argument, or oral argument by counsel, upon it : but in such case the other party shall be enti tled to reply, either orally or in writing, as the case may be. .-,. : ' ARTICLE VI. s In deciding the matters submitted to the arbi - trators they shall be governed by the following thiM rales, which are air reed npon by the hieh - ' contracting parties as rules to be taken as appli cable to the case, and by seen principles of inter national law not inconsistent therewith as the er- feitrators shall determine to have been applicable to thee. - k A nnrl troverninent is bound t First, t o use doe diligence to prevent the fitting . out, arming, ox equipping within Us jurisdiction c of any vessel which it has reasonable ground to , , believe is Intended to eroise or to earrr war iEfciut s prwer with which it Is at peace i aad iso to use like diligence to prevent the depart . are from its jwisdietion of any ymael intended to oruls or carry on war as aoove, sueu,. vessel. nav ing been specially adapted, in' whole or in .part, within such jurisdiction, to Warlike use.' . - Secondly, not to permit o suner either helliger-. ent to make use of its ports or Waters as the base of naval operations against the other, of for the purpose of the renewal or augmentation of mili tary supplies or arms, or the recruitment of men. Thirdly, to exercise dae diligence in Its own ports and waters, and as to all persons within its jurisdiction, to prevent any violation of the rore going obligations and duties. " iter Britannie majesty naa """ - commissioners aud plenipotentiaries to declare that her majesty's government cannot assent to the foregoing rules as a statement of principles of international law which were in force at the time the claims mentioned in Article I arose, but that her majesty's government, in order to evince its desire of strengthening the friendly relations bet a ecu the two countries, and of making satis, factory provision for the future, agrees that in deciding the questions between the two countries arising out of those claims the arbitrators should assume that ber majesty's government bad under taken to act upon the principles set forth in these rules. And the high contracting parties agree to ob serve these rules as between themselves in future, and to bring them to the knowledge of other mari time powers, and to invite them to accede to them. ARTICLE VII. and I see; laa- Jeve The decision of the tribunal shall, if possible. 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 tbe arbitrators who may assent to it. IM 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 three rules, or recognized oy the principles or international law not inconsistent with such rules, and shall certify such fact as to each of tbe said" vessels. In case tbe tribunal find that Great Britain 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 Britain to the United States for all the claims referred to it ; and in such ease the gross sum so awarded shall be paid in coin by the government of Great Britain to the government or. tne initea btates, at Washington, within twelve months after the date of the award. .. ise award snail be in duplicate, one - copy whereof shall be delivered to the agent of the United States for his government, and the other copy shall be delivered to the agent of Great Britain tor his govern moot. ARTICLE VIII. Each government shall pay its own agent and provide tor the proper remuueration of the coun sel employed by it and of the arbitrator appointed by it, and for the expense of preparing and sub mitting its case to the tribunal. All other ex penses connected with the arbitration shall be de frayed by the two governments in equal moioties. ARTICLE IX. The arbitrators shall keep an accurate record of their proceedings, and may appoint and em ploy the necessary officers to assist them. ARTICLE X. " 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 con tracting parties agree that a board of assessors shall be appointed to ascertain and determine what claims aie valid, and what amount or amounts shall be paid by Great Britain to the United States on account of the liabtlity arising from such failure, as to each vessel, according to the extent of such liability as decided by tbe ar bitrators. Tbe board of assessors shall be constituted as follows : One member thereof shall be named by the President of the United States, one member thereof shall be named by Her Britannie Majesty, and one member thereof shall be named by the representative at Washington of his mrjesty the Kiner of Ituly ; and in case of a vacancy Happen ing from any cause, it shall be filled, in the same manner in which the original appointment was made. I As soon as possible after such nominations the board of assessors shall be organized in Washing ton, with power to bold their sittings there, or in New York, or in Boston. The members thereof shall severally subscribe a solemn declaration thai. they will impartially and care.ully examine and deeidc, to the best of their judgment 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 investigation of the claims which shall be p esc i ted to them by the govern ment of the United States, and shall examine and deckle upon them in such order and manner as they shall think proper, but on such evidence only as shall be furnished by or on behalf of the gov ernments of tbe Uuited States and of Great Brit ain, respectively. - They shall be bound to hear on each seperata claim, if required, one person on behalf of each government, as counsel or agent. A majority of the assessors in each ease shall be sufficient lor a decision. . The decision of the assessors shall be given in writing, and shall be signed by them respec tively and dated. . - Every claim shall be presented to the assessors within six months from the day of their first meeting, but -they may, for good cause shown, extend tbe time for the presentation of any claim to a further period not exceeding three mouths. , The assessors shall report to each government 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 remain undecided, tney snail make a further report at or before the expiration uf two years from the date of such first meeting ; and in case any claims remain undetermined at that time, they shall make a final report within a nrtber period of six mouths. The report or reports snail oe maae in dupli cate, and one copy thereof shall be delivered to the Secretary of State ot the United States, and one- copy thereof to the representative of Her Britannic Majesty at Washington. All sums of money which may be awarded un der 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 tney snail think necessary. ARTICLE XI. The high contracting parties engage to consider tbe result of the proceedings, of the tribunal of arbitration, and or tbe board or assessors should such board be appointed, as a full, perfect, and final settlement of all tbe claims hereinbefore re ferred to ; and further engage that every such claim, whether ths same may or may not have been presented to the notice of, made, preferred, or laid before the tribunal or board, be considered and treated as finally settled, barred, and thence forth inadmissible. ARTICLE XII. The high Contracting parties agree that all claims on the part of corporations, companies, or private individuals, citizens of tbe United states. upon the government of Hsr Britannic Majesty, arising out of, acts committed against tbe persons or property of citizens of the United States dur ing the period between the thirteenth of Anril. 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 referred to in article 1 or this treaty, and all claims, with tbe like exception, on tbe part of corporations, companies, or private individuals. subjects of Her Britannic Majesty, npon tbe gov ernment or the United states, arising out or acts committed against the persona or properey of sub jects of Her Britannic Majesty during the same period, which may hare been presented to either government for its interposition with the other, and which yet remain unsettled, as well as any other such elaims which may be presented within tbe tune specified in Article JLIV of this treaty. shall be referred to three ejmmiaaioners, to be appointed in the following manner, that is to say : One commissioner shall be named by tbe Presi dent of the United States, one by Her Britannie majesty, and a turd by tbe President ot the Uni ted btatea and Her Britannic Maiestv eoniointlv: uu mi case me mint commissioner snail not nave been so named within a period of three months from the date of the exehana-e of the ratifications of this treaty, then tbe third commissioner shall be named by tbe representative at Washington of his majesty the King of Spain. . In ease of tho death, absence, or incapacity of any .eommis- vi in ine event oi any commissioner emit ting or ceasing to act, the vacancy shall be filled iu u manner neretnoerore provided for making the original appointment j the period of three monins in ease or sneb substitution -being calcu lated from the date of the happening of the va cancy. ' . . .. V - The commissioners so named shall meet at Washington at the earliest convenient period after they have been respectively named j and shall, before proceeding to any business, make and sub scribe a solemn declaration that they will impar tially and carefully exasane and decide, to the best of their judgment, and according to justice and equity, all such claims as shall be laid before them en the part of the governments of the Uni ted State and of Her Britannie Majesty, respeo tirejy; and such declaration shall be entered on the record of their proceedings. " , f .ARTICLE Xns;:r.V"-. 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 man ner as they may think proper, but npon sueh evi dence or information oniy as snau -De inrmimea by or on behalf of the respective governments. They shall be bound to receive and consider all written documents or statements which may be presented to them by or on behalf of the respec tive governments in support of, or in answer to any claim, and to hear, if required, one person on each side, on behalf of each government, as eounsel or agent for such government, on each and every Separata claim, ."A majority of Mbe cummisiiinen shall be sufficient Mxc an award in each ease. Tbe award shall be given upon each claim in writing, and shall be signed by the com missioners assenting to it. It shall be competent for each government to name one person to attend the commissioner as its agent, to present and sup port claims on its behalf, and to answer elaims made upon it, and to represent it generally in all" matters connected with the investigation and de cision thereof. The high contracting? narties herebv en trace to consider tbe decision of tbe commissionets as ab solutely final and conclusive upon each claim de cided upon by them, and to give full effect to suco decisions without any objection, evasion, or delay wnatsoever. ARTICLE XIV. ' Every claim shall be presented to tbe commis sioners within six months from the day of their first meeting, unless in anv case where reasons for delay shall be established to tbe satisfaction of tbe commissioners, and then, and in any sucn ease, the period for presenting the claim may be extended bv them to any time not exceeding three months longer. The commissioners shall be bound to examine and decide upon every claim within two years from 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 duly made, preferred, and laid before them, cither who'ly or to any and what extent, according to the true intent and meaning of this treaty. ARTICLE XV. All sums of money which may be awarded by tbe commissioners on account of any claim shall be paid by the one government to the other, as the ease may be, within twelve months after tbe date of the final award, without interest, and without any deduction save as specified in Article XVI of this treaty. ARTICLE XVL The commissioners shall keep an accurate rec ord, and correct minutes or notes oi all their pro ceeding, with tbe dates thereof, and may appoint and employ a secretary, and any other necessary officer or officers, to assist them in the transaction of tbe business which may come before them. Each government shall pay its own commis sioner and agent or eounsel. All other expenses shall be defrayed by the two governments in equal moieties. The whole expenses of the commission, includ ing contingent expenses, shall be defrayed by a ratable deduction on tbe amonut of the sums awarded by tbe commissioners, provided always that such deduction shall not exceed the rate of five per cent on the sums so awarded. ARTICLE XVII. The high contracting parties engage to consider tbe result of the proceedings of tiiis commission as a full, perfect, and final settlement of alt such claims as are mentioned in Article XII of this treaty upon either government ; and further en gage that every such claim, whether or not tbe same may hare been presented to the notice of, made, preferred, or laid before the said commis sion, shall, from and after the conclusion of the proceedings of the said commission, be consid ered and treated as finally settled, barred, and thenceforth inadmissible. ARTICLE XVIII. It is agreed by the high contracting parties that, in addition to tbe liberty secured to the United States fishermen by the convention be tween the Uuited States and Great Britain, sigued at London on the twentieth day of October, 1818, of taking, cur ng, and drying fish on certaiu coasts of the British North American Colonies therein defined, the inhabitants of the United States shall have, in common with tbe subjects of Her Britannic Majesty, tbe libertv, for the term of years mentioned in Article XXX1U of this treaty, to take hah of every kind, except sbell fish, on tbe sea coasts and shores, and in the bays, harbors and creeks, of the provinces of Quebee, Nova Scotia, and Hew Brunswick, and the col ony of Prince Edward's Island, and of tbe sev eral islands thereunto adjacent, without being re stricted to any distance from the shore, with per mission to land upon the said coasts and shores and islands, aud also npon tbe Magdalen Islands, for the purpose 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 - British fishermen- in the peaceable use of any part of the said coasts in their occupancy fur tbe same purpose. It is understood that the above mentioned lib erty applies solely to tbe sea fishery, aud that the salmon and shad fisheries, and all other fisheries in rivers and tbe mouths of rivers, are hereby re served exclusively for British fishermen. ARTICLE XIX. It is set reed by the high contracting parties that British subjects shall bave, in common with the citizens of the United States, thi liberty, for the term of years mentiuned in Article XXX11I of this treaty, to take fish of every kind except shell-fish, on the eastern sea coasts and bores of the Uuited States north of the thirty-ninth paral lel of north latitude, and on the shores of the several islands thereunto adjacent, and in tho bays, harbors, and creeks of the said sea coasts and shores ot tbe United States and of the said islands, without being restricted to any distance from tbe shore, with permission to land upon the said coasts of the United tates and of the islands aforesaid, for the purpose of drying their nets and curing tbeir fish ; provided that, in so doing they do not interfere with tbe rights, of private property, or with tbe fishermen of the United States in the peaceable use of any part of the said coasts in tneir occupancy lor tne same purpose It is understood that the above mentioned lib erty applies solely to the sea fishery, and that sal mon and shad fisheries, and all other fisheries in rivers and mouths of rivers, are hereby reserved exclusively for fishermen of tbe United States. ARTICLE XX. -v It is agreed that the places designated by the Commissioners appointed under the first Article of the treaty between tbe United btates and Great Britain, concluded at Washington on the 5th day of June, 1864, upon the coasts of Her Britannie Majesty's Dominions and the United States, places reserved from the common right of fishing under that Treaty, shall be regarded as in like manner reserved from the common right of fish ing under the preceding articles. ; In case should any question arise between tbe Government oi the United States and of Her Britannie Majesty as to the common right of fishing in places not thus designated as reserved, it is agreed that a Com mission shall be appointed to designate such places, and shall be constituted in tbe same man ner, and bave tne same powers, duties, and au thority as the Commission appointed under tba said first Article of the Treaty of the 5th of June,! AS54. ARTICLE XXI. It is agreed that, for tbe term of years men tioned in Article XXXIII of this Treaty, fish oil and fish of all kinds, (except fish of tbe inland lakes, and of the rivers falling iuto them, and ex cept nali preserved in oil,) being the produce the fisheries of the United States, or of tbe Duinin ion of Canada, or of Prince Edward's 1 gland, shall be admitted into each country, respectively, tree or duty. .- ------ i , . . ARTICLE XXIT. Inasmuch as it is asserted by the Government of Her Britannic Majesty that the privileges ac corded to the citizens of the United Ktata under Article XVIII of this Treaty are of greater value tli an those accorded by Articles XIX and XXI of this Treaty to the sojects of Her Britannie Maj esty, and this assertion is not admitted by tbe Government of the Uni ed States, it is further agreed that Commissioners shall be appointed t determine, baring regard to tbe privileges accord ed Vy the United States to the subjects 'of ner Brttannte Majesty, as stated in Arucies aia u XXIof this Treaty, ths amount of any compensa tion which, io their opinion, ought', to be paid by the fiovernmeut of the United States to the Gov ernment of Her Britannie Majesty in return for tbe privileges accorded to the citizens of the Uni ted States under Article XVIII of this Treaty ; and that any sum of money which the said Com muunaners may so award shall be paid by . the United States Government. In a gross sum, within twelve mocths after such award shall have been given. .' 7 ' ' ' . ' -. ARTICLE XXIII. " The Commissioners referred to in tbe preceding Article shall be appointed in the following man ner, that is to say l One Commissioner shall -be named by the President of tbe United States, one. by Her Britannic Majesty, end a third- by- the President of tbe United States and Her Britannia Majesty conjointly; and in case the third Com missioner shall not bave been so named within n period of three months from the date when this article shall take effect, then the third Commis sioner shall be named by the Representative at London of His Majesty theKmperor of Austria and King of Hungary, 4a case of the death, ab- seenee incapacity of any Commissioner, or in the i event of any commissioner omitting or ceasing to 1 act, tne vacancy shall be Jllled in tbe manner hereinbefore provided for makisg tbe original ap pointment, tbe period of three monins TO case or sucn substitution being calculated fro tit 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 tbe earliest convenient period after they have been respectively named, and shall, before pro ceeding to any business, make ..and subscribe a solemn declaration that they will impartially and carefully examine and decide the matters referred to tbem to tbe best of tbeir judgment, and accord ing to justice and equity ; and such declaration shall be- entered on the record of their proceed- iDEaeh if the High Contracting Parties shall also name one person to attend tbe Commission as its agents, to represent it generally in all matters connected with the Commission, ij ARTICLE XXIV. The nroceedines shall be conducted in such order as the Commissioners appointed nnder Ar ticles XXII and XXIII of this Treaty' shall de termine. They shall be bound to receive such oral or writ .en testimony as either Government nresent. If either Party shall offer oral tes timony, tbe other party shall have tbe right of cross-examination, under such rules as the Com missioners shall prescribe, ' : It in the case submitted to the Commissioners either Party shall bave specified Or allitfled to any report or document in its own exclusive posses sion, without annexing a' copy, such Party shau be bound, if the other Party thinks proper to ap ply for it, to furnish that Party with a Copy thereof; and either party may call upon the other, through tbe Commissioners, to produce the originals or certified copies of any papers adduced as evidence, giving in each instance such reason able notice as the Commissioners may require. The case on either side shall be closed within a period of six months from the date of the organi zation of the Commission, and the Commissioners shall be reouested to eive their award as soon as possible thereafter. The. 'aforesaid period of arxr months may be extended for three months in case of a vacancy occurring among tbe Commissioners under tbe circumstances contemplated in Article XXIII of this Treaty. - " ARTICLE XXV. - Jj The Commissioners shall keep an accurate rec ord and correct minutes or notes of all tbeir pro ceedings, with the dates thereof, and may appoint , and employ a secretary and other necessary officer or officers to assist theni in tbe transaction of tbe business which may come before them. ' j Each of the High Contracting Parties sbi'l pay its own Commissioner and agent or eou ; all other expenses shall be defrayed by the two Gov ernment in equal moieties. " ARTICLE XXVI. The navigation of the river of St. Lawrence, as cending and descending, from tbe forty-fifth par allel uf north latitude, where it ceases to form the boundary between the two countries, from, to, and into the sea, shall forever remain free aud open for the purposes of commerce to the eitizons of the United States, subject K. any laws and regulations of Great Britain, or of tbe Dominion of Canada, not inconsistent with such privilege of free navi gation, v The navigation of the rivers Yukon, Porcupine, and Stikine, ascending and descending, from, to and into the sea, shall forever remain free ami open for the purposes of commerce to the subjects of Her Britannic Majesty and to the citizens of the United States, subject to any laws and regu lations of either country within its own territory. nut inconsistent with such privilege or tree navi gation. ARTICLE XJLVlt. Tbe Government of Her Britannie Majesty en gages to urge upon the Government of the Po- nunion of Canada to secure to tbe citizens oi tne United States tbe use of the Wetland, St. Law rence and otner canals in toe Dominion on terms of equality witb the inhabitants of the Dominion ; and tbe Government of the United States en gages 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 States, and further en gages tJ urge upon the State Governments to secure to the subiests of Her Britannie Majesty tho nse of the several State Canals connected with the navigation of the lakes or rivers traversed by or contiguons to ho boundary line between tbe possessions ot tbe High Contracting fames, on terms or equality with tbe inhabitants of tbe United Btates. ARTICLE XXVIIL Tbe 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 Her Britannie Majesty, subject to any laws and regu lations of tbe United States or of the States bor dering thereon not inconsistent with sueh privi lege of free navigation. ; ' - ARTICLE XXIX. It ti agreed that, for the term of years men tioned in Article XXXIII of this Treaty, roods, wares, or merchandise arriving at tbe ports ' of New ork, 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 des tined for Her Britannic Majesty's Possessions in North America, be entered at the proper custom bouse and conveyed in transit, without the pay ment of duties, through the territory of the United Slates, under such rules, regulations, and condi tions for the protection of the revenue aa the Gov eminent of the United States may from time! to time prescribe ; and uuder like rules, regulations, and conditions, goods, wares, or merchandise may be conveyed in transit, without tbe payment of duties, from such Possessions through the terri tory of the United States (or export from the said ports of the United States. It is further agreed that, for the like period goods, wares, or merchandise arriving at any of tbe porta or Her JJritannie Majesty s Possessions in North America, and destined for the United States may be entered at the proper custom-boa sa and conveyed in transit, without the payment of duties, through the said Possessions, nnder such rules and regulations, and conditions for the pro tection of the revenue as the Governments of the said Possessions may from time to time prescribe ; and, under like rules, regulations, and conditions, goods, wares, or merchandise may be conveyed in transit, without payment of duties, from tbe United States, through tbe said Possessions to other places in tbe United States, or for export from ports m tbe said Possessions. ARTICLE XXX. It is agreed that, for the term of years men. tioned in Article XXXIII of this Treaty, subjects of Her Britannic Majesty may carry in British vessels, without payment or duty, goods, wares, or merchandise from one port or place within the territory of tbe United States npon the St. Law rence, the Great Lakes, and the rivers connecting the same, to another porter plaeewithin tbe territory of tbe United states as aforesaid : Provided, That a portion of such transportation is made through the Dominions of Canada by land carriage nod in bond, under such rule and regulations as may he agreed upon between the Government ef Jler Britannie Majesty and tbe. Government of the United States, -v. ,:, w -. !L . citizens oi tne uniiea r-iaies may tor ..aUce period carry in United States vessels. With out pay in. nt of duty, goods, wares, or nieruoandise from one poit or place within tl possessions of Her Britannic Majesty in Korth America to another port or place wit',n i.De said Possession- Pro vided. That & portion of such transportation is made thryogb. the territory of the United States by tend Carriage and in bond, under sueh rules and vegulalions as may be agreed upon between .'ne Government of the United Slates and the Gov- mentof Her Britannie Majesty. - '2. The Government of tbe United States further engages not to impose anyeaport duties on goods. wares, or oiervnanuiso - " through the territory of the United States J and Her Majesty's uovernmeu rass n Parliament of tbe Dominion of Canada and the I. .'ilatare of other colonies not to impose any export 1 ties on goods, wares r or merchandise carrie nodes' this article;-, and the Governnaent of tbe United 'States may, in ease such export du ties are imposed by the JJommtou of Canada, sus pend, during 'the period that such duties ara im posed, the rigfat-r carrying granted under this article in favor of the subjects of Her Britannie Majesty..,--4 ., - ." " r... . The Go vernment of the United States may sus pend the right ef carrying granted u- favor of the subjects of Her Britanmo Majesty under this arti cle, ia case the Dominion of Canada should at any time deprive the citizens of tbe United States of the use oi the canals in the Dominion on tin an of equality with the inhabitants of the Dominion,' as provided in Article XXVII. fX'AftTlCVS XXXI.' ' V ' ' The . Government of Her .Britannie , Majesty further engages to urge upea the Parliament ef the Dominion wf Canada and the Legislature of New Brunswick, that ie export duty, or other duty, shall be levied on lumber or Umber of any kind eat on that portion of the American terri tory in the State of Maine watered bv the river St. John and its tributaries, and floated down that river to the sea, when the same is shipped t "-the United States from the Province of New Brwns wick. And, in ease suoh export or ether duty continues to be levied after the expiration of one year from the dale or to? exchange or tne ratin eationt of this Treaty , it is agreed that the Gov ernment of the United States may "suspend 'the - right or carrying hereinbefore granted under. Ar ticle XXX. of this Treaty for such period as such export Of ether dnty may be levied., ... ARTICLE XXXII. It is further agreed that the provisions and stipulations of Articles XVIII to XXV or this Treaty, inclusive, shall extend .to tba Colony of Newfoundland, so far as they are applicable.- But if the Imperial Parliament, the - Legislature of Newfoundland, or the Congress", of tbe . United States, shall not embrace the Colony of Newfound land in their laws enacted for carrying the fore going articles into effect, then this article shall be of no effect ; but the omission to make provis ion by law to give it effect, by either of the leg islative bodies aforesaid, shall not in any: way impair any other articles ef this Treaty, -ARTICLE XXXIII. Tbe foregoing Articles XVIII to XXV, inclu sive, and Article XXX of this Treaty, shall take effect as soon as the laws required to carry them into operation shall have passed by the Imperii! parliament of Great Britain, by the Parliament of Canada, and by the Legislature of Prince Jd ward's Island on tbe one hand, and the Congress of the United States on tbe other. Such assent having been git-en, the said articles shall remain in force for the period of ten years from the data at which they may come into operation ; and fur ther until the expiration of two years after either of the High Contracting Parties shall bave given nol.'oe to the other of its wish to terminate tbe same : ea?b of the High Contracting Parties be- in r at libertv J give such notice to tbe other at the end of said period of ten years or at any time afterward. ARTICLE XXXIV. Whereas it was stinulated bv Article I nf tbe Traatv eonelnded at Waahinirton on tLe 15'b of June, 1846, between the United States and Her Britannic Majesty, that the line of boundary be tween the territories of the United btates and those of Her Britannic Majesty, from the point on tbe forty-ninth parallel of north Latitude up to which it had already been ascertained, should be cod tinned westward along tbe said parallel of north latitude "to tbe middle ef the channel which separates tbe continent from Vancouver's Island, and tbenca southerly, through the middle of the said channel and of i'uea Straits, to the Pacific Ocean ; ' and whereas tbe Commissioners appointed by the two High Contracting Parties to determine that portion of the boundary which runs southerly through tbe middle of the channel aforesaid, were unable to agree upon the same ; and whereas the Government of Her Britannio Majesty claims that such boundary line should. under the terms of tbe Treaty above recited, be run through the Rosario Straits, and the Govern- ! ment of tbe United Btates claim that it should be run through tbe Canal ie Haro, it is agreed that the respec'ive elaims of the Government of the United States and of the Govern ment of Her Britaunic Majesty shall be submitted to tbe arbitration and award of His Majesty the Emperor of Germany, who, having regard to the above-mentioned article of the said Treaty, shall decide thereupon, finally and with out appeal, which of those claims ia most in accord ance with the true interpretation of the Treaty of June 15th, 1S46. ARTICLE ' XXXV. The award of His Majesty the Emperor of Ger many 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 de livered to the Representatives or other public agents of the United States and of Great Britain, respectively, wbo may be actually at Berlin, and shall be considered as operative from the day of the date of the delivery thereof. ARTICLE XXXVI. The written or printed case of each of the two Parties, accompanied by the evidence offered in support of the same, shall be laid before His Maj esty the Emperor of Germany within six months from tbe date of the exchange of the ratifications of this Treaty, and a eopy of such case and evi dence shall be communicated by -each Party to tbe other, through tbeir respective Representa tives at Berlin. The High Contracting Parties may conclude in tbe evidence to be considered by tbe Arbitrator such documents, official correspondence, and other official or public statements bearing on tbe subject of the reference as may be considered necessary to the support of their respective cases. After tbe written or printed case shall have been communicated by each Party to tbe other, each Party shall have the power of drawing up and laying before tbe Arbitrator a second and definite statement, if it think fit to do so, in reply to tbe case of the other party so communicated, which definate statement shall be laid before the Arbitrator, ai.d also be mutually communicated in tbe same manner as aforesaid, by each Party to tbe other, within six months from the date of lay ing the first statement of the case before the Ar bitrator. ARTICLE XXXVII. If, in the case submitted to the Arbitrator, either Party sball specify or allude to any report or document in its own exclusive possession with out annexing a ropy, such Party sball be bound, if tbe other Party thinks proper to apply for it, to furnish that Party with a eopy thereof, and either Parly may call npon the other, through tbe Arbitrator, to produce the originals or certified copies of any papers adduced as evidence, giving ia each instance such ressouable notice as the Ar bitrator may require. And if tbe Arbitrator should desire further elucidations or evidence with resrard to any point contained io the statements laid before him, he shall be at liberty to require it from cither Party, and he shall be at liberty to bear one eounsel or agent for each Party, in lation to any matter, and at sueh time, and in such manner, as be may think fit. ARTICLE XXXVIII. Tbe 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 conduct their eases before tbe Arbitrator, who shall be requested to address all bis communications, and give alt bis notices to such Representatives or other pub lic Agents, wbo shall represent tbeir respective Governments, generally, in all matters connected with the arbitration. ARTICLE XXXIX. . - - . It shall be competent to the arbitrator to pro ceed in said arbitration, and all matters relating thereto, as when he shall see fit, either in person, or by a person or persons named by him for that purpose, either, ia the presence or absence of cither or both agents, and either orally or by writ ten discussion or otherwise. ARTICLE XL. the end that tte snrae, and every eleese and ar ticle thereof,-may bo observed and fulfilled with good faith by the United Btates sad the citizens thereof. - . 'i--------;-" .---r fit' In witness whereof. I hare hereunto set my band and caused the seal of the United States to 'be affixed, v - ,-., -. - Done at at the City of Washington this lounn day of Jnly, in the year of our Lord one skau thousand eight hundred and seventy- one, ana or tne jnaepeouenoe ei we United States the ninety-sixth. U. S. GRANT. By &o President s . Hikitroa Fisn, Secretary ef Slate. CouDty Fair next montb prepare. MEW TO-DAY. w. nrnvuii &. co., Having just received Large and well selected ; Btock of i HARDWARE, SCCH AS NEW ADVERTISEMENTS, , 3Euau"JL"XJ NTT 1 T FARMER'S & MECHANIC'S TOOLS coitsiSTiwoor V ANVILS, VICES,; BELLOWS, Hammers, Hammers, : j Sledges, : Sledges, Saws. Saws. Saws, ; i Planes, Planes, Planes, Corss-Cnt and Mill Saws Together with a large assortment of . iizoiv ts;i steel Nails, Nails, NaiW. J: . : " Springe, Sprinirs, Springs, Axles, Thlmble-SkeinS, Colts, StcJ, sfce. Also, n well Selected Stock ; of Wagon Tlmtoer, SPOKES, HUBS, BEST-KIMS, SHAFTS, POLES, HICKORY AXLES, ETC., All of . which we are now offering to the public at low rates." As we make the business a spec ialty, we can and will keep a better assortment at lower prices than any Boose in uus city. A FEW REASONS WHY THE A R I ON PIANO Receiving and opening n large and splendid assortment of ...-..,...... wood Am wiuow wars. Which we offer at reduced rates. 1 W. Ii. KCUa to. In the Monteith Fire-proof Brick, First-st. Mareh l7e-27 ; t . B ILL-HEAD PAPER, all sises, just received and for sale at this office, low for cash. SAMS DBIU STORE. Fassw Dncos, Pitikt ataoicms, Taossss Scrroams Esssktiai. Olts, Kaaosana uu. r. h. Mcdonald & co., VHeUtMLB DRUGGISTS, Call the attention of Dealers to tbeir large sseort. mentof " Newly Arrived - dr composed part or me iouowinsj "-,c"l."rli7i, vZ every thins: kept In a well supplied. WHULE taw Truant PnrnanviB Dacoois-TV Boasaiss, Ssiui Hvaaa, rnrtnusiu, PaUITS AMD On, -Which we offer at the lowest Cash Prices, and are determined not to be andersola. b. h. Mcdonald co, rAcieoo, cai- FOR SALE, Our Drug- Business located in San Fran cisco, Usu. Alter our nest wisnos, ana express ing our thanks for the liberal patronage wo have received for more than twenty-one years, during which period we bave been steadily engaged in the Drug business in California, we beg to say in consequence or tne rapia growin oi Dr. Walkers California Vinegar Bitters, now spread over the United States and countries far beyond, we are necessitated to devote our entire time to said business. We are the Oldest Drug firm on the Pacific Coast and the only one, continuous under the same proprietors since 1849, and have determined to sell our large; prosperous, and well established business on favorable terms. This is a rare opportunity for men with means, of entering into a profitable business with advan tages never before oflered. k or particulars enquire or T b. ii. Mcdonald a co.. R. H. MiDojald, Wholesale Druggists. J. C. KpEncan. I San Francisco, Cal. K. B. Until a sale is made we shall continue our importations and keep a large stock of fresh goods constantly on hand, and sell at prices to defy competition. Tbe Great Medical Wseerery t Sr. WAT.aTKTVS OAXJCFOR27IA. VINEGAR BITTERS, Hondreds of Tkoutfinds ?L r to thehr Wonder. S j? SUPERIOR TO ALL OTHER 0. THE ARION PIANO-FORTE has Greater Power than any other other Piano-Forte manu . factored. it WTi.T. HTaim nr : tttwe t.okoeb. ' and in its mechanical construction it is more per, feet, and therefore, more durable than anv instru ment constructed in the usual modern style. The arangement of the Agraffe, tbe manner off st ringing, the peculiar form and arrangement ef tbe Iron Frame, Supersedes all Otfiere. ; The use of a bart, (which is a part of the Iron Frame) on a line witb ths heavy steel stringing. (treat Strength ., Where most needed, and in this respect all other Pianos fail. The construction of the WREST PLANK, into which the Toning Pins are inserted, is such that it is impossible for the pins to become loosened, or the Wrest Plank itself to split, as is too often the ' ease in other Piano-Fortes, THE EXTRAORDINARY EVEN NESS, -:;u.. Throughout the entire scale, tho excellent Singing Quality, the Length and Purity on Vibration,1 All go to prove what we claim, vis. : that the) A i ion Piano-Forte Is the Best Instrument Manufactured- a?: ARION PIANOS Are used Exclusively in the AMERICAN CONSERVATORIES OF MUSIC of New York city. 1 The most severe test a piano can rceclve'is con-' stant use in a Conservatory. . Si sUaetanrlwlAltwt C 9 eaam ,. ja sv n - mum n t. g a Wl-I I MKal I UE.Y Ygs o-o ill II 5 w B aw mafc 2 X W I "V X 5 M S : The Arbitrator may, if be thinks fit, Appoint a secretory, or clerk , for tbe purr-te oi the proposed arbitration, at such rate of -.emuneration as be may think proper. Tnis, and all other expenses of and connect -(j, tn, nii arbitration, shall be proTida fjT as' hereinafter stipulated. " -;r:"' "? ARTICLE XLI. ; :.' :' -:Xhe Arbitrator shall be reouested to deliver, tosetber with his award, an account of a'l the costs and expenses which be may have been put to in relation to tnis matter, whicn snau loriuwiw be repaid by the two Governments in equal moie ties. . r - - ARTICLB XLUj The Arbitrator shall be requested to give his award in writing as early as convenient after the whole ease on each side sball bave been laid, be fore bim, and to deliver one eopy thereof to each of the said agents. -. - AttliUJUlS AL.X1L : J' , The present Treaty shall be duly ratified bv the President of the United States of America, by and with the advice and consent of the Senate there of, and by Her Britannie Majesty : and tbe rati- c : u . 1 1 i i' i -. i . ... . . uv.iiuub nii.i ic Mcsingvii vuoev at vr aaningioa or at London within six months from tho date thereof, or earlier if possible. . - in faith whereof, we, the respective Pleninoten- tiaricj, have signed this Treaty and have here unto affixed our seals. - - - Pone in duplicate at Washington tbe eiirhth 'ay of May, in the year of Our Lord one thousand eight hundred and seventy-one. - . - ICS. HAMILTON FISH. It. S.J J R0BT. . SCHENCK. - ' T l.S.1 SAMUEL NELSON. fi s. ; IiBJSNfcZKRt ROCK WOOD HOAR. !,. . , Gt.O. H- WILLIAMS. IL. s. . Tis GRAT A RIPON. - L. . " STAFFORD H. NO fTHCOTE. L.S.. . EDWD.Tl'OBNTQN. l. . JOHN A. MACDONALD. t. s.J MOUNTAGUK BHRNARD- And whereas the said Treaty has been duly rat- uum mm owe paras, ana tne respective ratifica tions or tbe same were exchanged in the city of ijouaon, on tbe seventeenth day of June, 1871 , by Robert C. Schenck, Envoy Extraordinary and Minister' Plsnipotentiary-of the U sited States, and Earl Granville, Her Majesty's Priaeieal 8aeretarv of Bute for Foreign Affairs, on the part' of (heir respective Governments: .'- -f.-vt - V -f '- Now. therefore, be It known that LCltsiii 8. Gbaut, President ef the United States of America, have eaused the said Treaty to be mads public, to 2 THEY ASK WOT A VTLK . 3 25 H FANCY dRINK,F.ri Mie Oi Poor Unas, Whisker. Ptre-f Spirits and Zlatm so Lhsm doctored, aotsed and sweetenod to please the taste, callaa"T lee, Appetisers, Restorers, that lead tbe tippler oa to ennkenass and rate, but are a true Medtctne.made from tneBattve Beets and Herb or OUTerola, free trams aft A teak tie ' BtlaaulsiHt-w They are the UREA T BLOOD . PURIFIER aud LirB GITIXU PRIN- - CIPLSa perfect Renovator andlavlgorator of r the Bvssem , eaxir tag- on all pofsonees matter and. restoring- the blood to a healthy condition.- Ko person can take thjose "Bitten according to djree tloa ami remain loos; unwerf. ty r Inda wsaw. tory mad Chreale Rk. nvnsliws mad Gent, Dyetsenetn er India sjeeslee. Bilious, Itealtteat.aad later snlttetat Fevers, Diseases ef the Bleed, ldver, lildaera, and Blnddew. toes Bit. tern bave been most successful. Suck Btna emaea are eaused by Vitiated Bleed, which . la generany axodneed by eenaaement of me - Pisjeetlv-e Oram a. BYSPKPSIA OR. INDIGESTION. Headache. Pain In the 8horldrs, Coua-hs, Ttsjht. nessof the Cheat. Dlrsmcss. Sour Eruetatloo. ot the rstomach, Bad taste In the Month Bllioas At tacks, Pelpltattoa ef the Heart, Inflammation of toe Lungs,Faln In the retinas of the Kidneys, and a hundred other painful eymntoms, are the en. sprlngaof Djspcpgia. : They Invigorate toe Stomach and stimulate the ' torpid liver and bowels, which rander tbem of un equalled eBcacy la eleanslag the blood of all imparl Uea, and Imparting new Ufa and visor to the whole system. FOB SKIN DISEASES, ErepUona,Tetter. Belt Baeam, Blotches, Spots, Flmplea. Pustules, Boua, Carbuncles, King-Worm, Scald-Bead. Bore " Kjea, Erysipelas, Itch, Scurf. Disco to ratloaa of the Skin, Burners and Diseases of the 6k la. of ' whatever name ornatare. ara literally dag na and carried out of the system In a short tone by the use of these BMsers. Oae bottle in sueh cases will oaavtooe the saoat lneredaloos of their curative enceta. ' - . . Cleanse the Vitiated Blood nheuerer you tad )te tmsrartttm btaretle throngh the skin tanas. plea. Eruptions or eores i cleanse It when yon nad it obstructed and alofsiah In the veins cleans H wheals la fot. aad roar reeUna wtn tatl yea when. Keep the blood pure and dm health of toe sjstsia will follow. PIH, TAPK and other WORMS, tartrtn in . the sj stem of sossnny thosstautls. are efTcetnalty destroyed aad removed, roc full directions, reed eeirefBUy the ctrcalar around each bottle. J. WALKER. Proprtetor. B. H. MCDONALD sa CO., Drunglsts and Oca. Aaeam, Ban Irenctsee, Cat, and St aad St Cnumrii Street. Hew Tore. OLD BT ALL DBrj-r9n-xa ASO DEALERS. Read . The Following'.' -- '' " - . j. 1- It affords me much pit-sure to give you, in these few lines, a very sincere testimonial for tbe Piano Fortes of your manufacture. We hare now used tho "Patent Arion Pianos" in onr Conservatories fora year, and have had a fair opportunity of test ing their durability during that time. Tbe Pianos nave been played upon almost constantly, from morning till night, and a Piano must indeed be a good one wben it will bear such constant usewith- r.ll t -knwSnw mlmm ..f .1 f . .. V , - - "'e Mwwiiwy, Al l I rruicrm Iff f i tune, it out rivals any Piano known to me. Their peculiar sweetness or tone in the treble , (as compared to other Pianos with the ordinary, metal agraffe arrangement ) is so striking that I have bad pupils remark, while taking tbeir lessons, that althoueh ther had at home what thev sun- posed to be one of the best makes of Pianos, still the treble was very wirey toned compared with the "ARIOS." What makes them still more desirable is their uniform volume of tone, which enables an Artist to perform a composition in i s true character. In total, I ran conscientiously endorse all that is claimed by tbe Arion Piano - Forte Company for tbeir superb instruments, as I consider lucui su perior to any other make. Congratulating you upon tbe great suco ss you have obtained in tbe manufacture of so perfect an instrument, I remain yours. Very trnly, 1IEXRY SCHROEDEB Director New York, September 3, 1S70. AGEVTS WASTED '''' - ' We want first-class and responsible Agents fn every city and town where we have not already ap pointed them. : ; i We have just Published Our annual Illustrated Pamphlet, which contains a full description of tbe interior construction of tbe Patent Arion Piano-Forte, and aM tbe other leer ing Pianos of the nrincwal makes: illustrated with cuts, tbuacotraating the Arion with all other first. class Pianos, .and proving . Why and Where Our Pianos are superior to any in tbe market. ' Onr pamphlet contains engravings of all the dif- Wmm .v1. InilraiMHli w m n t . 1 1. . giving a full description of each, so that a person ean select the style they may desire to order, with, tbe assurance that tbey will receive just as good sx Piano as if they were in our warerooms to select it . We have sold over Five Thousand Pianos, many of them being shipped great distances, and we have never yet received the first complaint. As we give, a written guarantee with every Piano we manufac ture, for five years, the purchaser ruas no risk. Don't fait to writ far our pamphlet thick aw utai I Free, and mken yoa write elate tchat paper yen saw this notice in. N. B. We caution the public from psuwheaing n cheap Piano, which has -recently been put ia the market, bearing the name "Arfon." All genuine Arion Pianos bear tbe name "Patent Arion." and ean only be purchased from our New York Ware, rooms, or onr authorised Agents throughout the, United States. , All kinds of Mnslcal IastrnnesU Supplied. oc:i FiAr:3-rcTECc::.?A: No. S&4 Broadway, New York City