INTRODUCTORY STATEMENT. 5 



make a separate award upon all or any other questions before it, and 

 such separate award, if made, shall become immediately effective, 

 provided that the report aforesaid shall not be incorporated in the 

 award until it has been considered by the Tribunal. The expenses of 

 such Commission shall be borne in equal moieties by the Parties 

 hereto. 



Article IV. 



The Tribunal shall recommend for the consideration of the High 

 Contracting Parties rules and a method of procedure under which all 

 questions which may arise in the future regarding the exercise of the 

 liberties above referred to may be determined in accordance with the 

 principles laid down in the award. If the High Contracting Parties 

 shall not adopt the rules and method of procedure so recommended, 

 or if they shall not, subsequently to the delivery of the award, agree 

 upon such rules and methods, then any differences which may arise 

 in the future between the High Contracting Parties relating to the 

 interpretation of the treaty of 1818 or to the effect and application 

 of the award of the Tribunal shall be referred informally to the 

 Permanent Court at The Hague for decision by the summary pro- 

 cedure provided in Chapter IV of The Hague Convention of the 18th 

 of October, 1907. 



Article V. 



The Tribunal of Arbitration provided for herein shall be chosen 

 from the general list of members of the Permanent Court at The 

 Hague, in accordance with the provisions of Article XLV of the Con- 

 vention for the Settlement of International Disputes, concluded at 

 the Second Peace Conference at The Hague on the 18th of October, 

 1907. The provisions of said Convention, so far as applicable and 

 not inconsistent herewith, and excepting Articles LIII and LIV, 

 shall govern the proceedings under the submission herein provided 

 for. 



The time allowed for the direct agreement of His Britannic 

 Majesty and the President of the United States on the composition 

 of such Tribunal shall be three months. 



The Special Agreement of January 27, 1909, was entered into upon 

 the express stipulation and understanding on both sides — 



That it is agreed by the United States and Great Britain that 

 question 5 of the series submitted, namely, " from where must be 

 measured the three marine miles of any of the coasts, bays, creeks or 

 harbors referred to in said article," does not include any question 

 as to the Bay of Fundy, considered as a whole apart from its bays 

 or creeks, or as to innocent passage through the Gut of Canso, and 

 that the respective views or contentions of the United States and 

 Great Britain on either subject shall be in no wise prejudiced by 

 anything in the present arbitration." 



The printed Case on the part of the United States, accompanied 

 by printed copies of the documents, the official correspondence and 

 other evidence on which it relies, is delivered pursuant to Article 



"Appendix, p. 9. 



