8* EEPORT OF COMMISSIONER OF FISH AND ISHERIES. 



of tlie Dominion of Canada and of ISTewfoundland were included in the 

 same privilege, the United States conceding a similar right o£ fishing 

 fi'om the latitude of 39°, or the southernmost point of New Jersey to 

 the Bay of Fundy. The right of entrance of lish of either country to the 

 ports of the other, free of duty, was also granted. 



The river fisheries, especially of shad and salmon, as also those of 

 shell-fish, were, however, expressly excepted from the provisions of the 

 treaty, which was to continue for twelve years from the date of its rati- 

 fication. 



It having been asserted that the privileges granted to the United 

 States by Great Britain were greater than those conceded by the former, 

 the Washington treaty provided that commissioners should be appointed 

 to determine this question, and that any sum of money awarded by the 

 said commissioners should be paid by the United States in a gross 



rivers falliug into them, and except tisli preserved in oil), being the prodnce of the 

 fisheries of the United States, or of the Dominion of Canada, or of Prince Edward's 

 Island, shall be admitted into each conntry, respectively, free of dnty. 



Article XXII. — Inasmuch as it is asserted by the Government of Her Britannic 

 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 this Treaty to the subjects of Her Britannic Majesty, and this assertion is not ad- 

 mitted by the Government of the United States, it is further agreed that Commissioners 

 shall be appointed to determine, having regard to the jirivileges accorded by the United 

 States to the subjects of Her Britannic Majesty, as stated in Articles XIX and XXI of 

 this Treaty, the amount of any compensation vrhich, in theu' opinion, ought to be paid 

 by the Govei-nment of the United States to the Government of Her Britannic 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 a gross sum, within twelve 

 montlis 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 Her Britannic Majesty, one by ^.he President of the United States, and a third by 

 Her Britannic Majesty and the President of the United States conjointly; and in case 

 the third Commissioner shall not have been so named within a period of three months 

 from the date Avheu this article shall take efiect, then the third Connnissioner shall bo 

 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 Commissioner, 

 or in the event of any Commissioner omitting or ceasing to act, the vacancy shall be 

 filled in the manner hereinbefore provided for making the original api>ointmeht, the 

 period of three months in case of such substitution being calculated from the date of 

 the happening of the vacancy. 



The Commissiouers so named shall meet in the city of Halifax, in the Province of 

 Nova Scotia, at the earliest convenientperiodafter they have been respectively named, 

 and shall, before proceeding to any business, make and subscribe a solemn declaration 

 that they will impartially and carefully examine and decide the matters 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 proceedings. 



Each of the High Contracting Parties shall also name one person to attend the Com- 

 mission as its agent, to represent it generally in all matters connected with the Com- 

 mission. 



