PUBLIC DOCUMENTS. 



651 



dence or information only as sliall be furnished 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 respective Governments, 



habitants of the United States shall have, in common 

 with the subjects of her Britannic Majesty, the 

 liberty, for the term of years mentioned in Article 33 

 of this treaty, to take fish of every kind, except 

 shell-fish, on the sea-coasts and shores, and in the 

 bays, harbors, and creeks of the Provinces of Quo- 



in support of or in answer to any claim, and to hear bays, harbors, and creeks of the Provinces of Que- 

 if required one person on eacn side on behalf of bee, Nova Scotia, and New Brunswick, and the 

 each Government, as counsel or agent for such colony of Prince Edward's Island, and of the several 



each Government, as counsel or agent for such 

 Government, on each and every separate claim. A 

 majority of the commissioners shall be sufficient for 

 an award in each case. The award shall be given 

 upon each claim in writing, and shall be signed by 

 the commissioners assenting to it. It shall be com- 

 petent for each Government to name one person to 

 attend the commissioners as its agent, to present 

 and support claims on its behalf, and to answer 

 claims made upon it, and to represent it generally 

 iu all matters connected with the investigation and 

 decision thereof. The high contracting parties here- 

 by engage to consider the decision of the commis- 

 sioners as absolutely final and conclusive upon each 

 claim decided upon by them, and to give full effect 

 to such decisions, without any objection, evasion, or 

 delay whatsoever. 



ART. 14. Every claim shall be presented to the com- 

 missioners within six months from the day of their 

 first meeting, unless in any case where reasons for 

 delay ^shall be established to the satisfaction of the 

 commissioners, and in any such case the period for 

 presenting the claim may be extended by them to 

 any time not exceeding three months longer. The 

 commissioners shall bepound to examine and decide 

 upon every claim within two years from their first 

 meeting. It shall be competent for the commis- 

 sioners to decide, in each case, whether any claim 

 has or has not been made, preferred, and laid before 

 them, either wholly or to any and what extent, ac- 

 cording to the true intent and meaning of this treaty. 



ART. 15. All sums of money which may be award- 

 ed by the commissioners on account of any claims 

 shall be paid by the one Government to the other, 

 as the case may be, within twelve months after the 

 date of the final award, without interest, and with- 

 out any deduction, save as specified in Article 16 of 

 this treaty. 



ART. 16. The commissioners shall keep an accu- 

 rate record and correct minutes, or notes, of all 

 their proceedings, with the dates thereof, and may 

 appoint and employ a secretary, and any other ne- 

 cessary officer or officers, to assist them in the trans- 

 action of the business which may .come before them. 

 Each Government shall pay its own commissioner 

 and agent or counsel. All other expenses shall be 

 defrayed by the two Governments in equal moieties. 

 The^ whole expenses of the Commission, including 

 contingent expenses, shall be paid by a ratable 

 deduction on the amount of the sums awarded by 

 the commissioners : Provided always, That such de- 

 duction shall not exceed the rate of five per cent, on 

 the sums so awarded. 



ART. 17. The high contracting parties engage to 

 consider the result of the proceedings of this Com- 

 mission as a full, perfect, and final settlement of all 

 such claims as are mentioned in Article 12 of this 

 treaty upon either Government, and further engage 

 that every such claim, whether or not the same may 

 have been presented to the notice of, made " Pre- 

 ferred," or laid before the said Commission, shall, 

 from and after the conclusion of the proceedings or 

 said Commission, be considered and treated as finally 

 settled, barred, and thenceforth inadmissible. 



THE FISHERIES. 



_ ABT. 18. It is agreed by the high contracting par- 

 ties that, in addition to the liberty secured to the 

 United States fishermen by the Convention between 

 the United States and Great Britain, signed at Lon- 

 don on the 20th day of October, 1818, of taking, cur- 

 ing, and drying fish on certain coasts of the British 

 North American Colonies, therein defined, the in- 



islands thereunto adjacent, without being restricted 

 to any distance from the shore, with permission to 

 land upon the said coasts, and shores, and islands, 

 and also upon the Magdalen Islands, for the puropso 

 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 the British fishermen in 

 the peaceable use of any part of the said coasts in 

 their occupancy for the same purpose. It is under- 

 stood that the above-mentioned liberty applies solely 

 to the sea fishery, and that the salmon and shad 

 fisheries, and all other fisheries in rivers and the 

 mouth of rivers, are hereby reserved exclusively for 

 British fishermen. 



ART. 19. It is agreed by the high contracting 

 parties that British subjects shall have, in common 

 with the citizens of the United States, the liberty, 

 for the term of years mentioned in Article 33 of thin 

 treaty, to take fish of every kind, except shell-fish, 

 on the eastern sea-coast and shores of the United 

 States north of the 39th parallel of north latitude, 

 and on the shores of the several islands thereunto 

 adjacent, and in the bays, harbors, and creeks of 

 the said sea-coasts and shores of the United States, 

 and of the said islands, without being restricted to 

 any distance from the shore, with permission to land 

 upon the said coasts of the United States and of the 

 islands aforesaid, 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 prop- 

 erty, or with the fishermen of the United States in 

 the peaceable use of any part of said coasts in their 

 occupancy for the same purpose. It is understood 

 that the above-mentioned liberty applies solely to 

 the sea fishery, and that the salmon and shad fish- 

 eries, and all other fisheries in rivers and mouths of 

 rivers, are hereby reserved exclusively for fishermen 

 of the United States. 



ART. 20. It 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 Washington on the 

 6th of June, 1854, upon the coasts of her Britannic 

 Majesty's dominions and of 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 Governments of the United States and 

 of her Britannic 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 manner, and have the same powers, duties, and 

 authorities as the Commission appointed under the 

 said first article of the treatv of the 5th of June, 

 1854. 



ART. 21. It is agreed that, for the term of years 

 mentioned _in Article 33 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 pre- 

 served in oil," being the produce of the fisheries of 

 the United States, or of the Dominion of Canada, 01 

 of Prince Edward's Island, shall be admitted into 

 each country, respectively, tree of duty. 



ART. 22. Inasmuch as it is asserted by the Govern- 

 ment of her Britannic Majesty that the privileges 

 accorded to the citizens of the United States, undei 

 Article 18 of this treaty, are of greater value than 

 those accorded by Articles 19 and 21 of this treaty 

 to the subjects of her Britannic Majesty, and this 

 assertion is not admitted by the Government of the 



