The officer in charge of the detained vessel shall, at the time of delivering the vessel's papers and the certificate of the Commander into Court, deliver also a certificate, signed by himself, and verified on oath, stating any changes which may have taken place in repect to the vessel, her crew, and her cargo, between the time of her detention and the time of delivering in such paper. Where a detained vessel is handed over to a cruiser of her own nation, an officer in charge and other necessary witnesses and proofs shall accompany the vessel. ARTICLE IV. All the negroes or others (necessary witnesses excepted), who may be on board either an American or a British detained vessel, for the purpose of being consigned to slavery, shall be handed over by the Commander of the capturing ship to the nearest British authority. ARTICLE V. In case any merchant-vessel detained in pursuance of the present Instructions should prove to be unseaworthy, or in such a condition as not to be taken in for adjudication as directed by the additional Convention of this date, the Commander of the detaining cruiser may take upon himself the responsibility of abandoning or destroying her, provided the exact causes which made such a step imperatively necessary be stated in a certificate verified on oath. Such certificate shall be drawn up and formally executed by him in duplicate at the time, and shall be received as prima facie evidence of the facts therein stated, subject to rebuttal by counter proof. In case of the abandonment or destruction of a detained vessel, the master and crew, together with the papers found on board, and other necessary proofs and witnesses, and one of the certificates mentioned in the preceding paragraph of this Article, shall be sent and delivered at the earliest possible moment, to the proper Court before which the vessel would otherwise have been sent. Upon the production of the said certificate, the Court may proceed to adjudicate upon the detention of the vessel in the same manner as if the vessel had been sent in. The negroes or others intended to be consigned to slavery shall be handed over to the nearest British authority. The undersigned Plenipotentiaries have agreed, in conformity with the IVth Article of the Additional Convention, signed by them on this day, that the present Instructions shall be annexed to the said Convention, and be considered an integral part thereof. Done at Washington, the third day of June, in the year of our Lord one thousand eight hundred and seventy. [SEAL.] [SEAL.] HAMILTON FISH. 1871. CONVENTION AS TO RENUNCIATION OF NATURALIZATION. Concluded February 23, 1871; ratification advised by the Senate March 22, 1871; ratified by the President March 24, 1871; ratifications exchanged May 4, 1871; proclaimed May 5, 1871. (Treaties and Conventions, 1889, p. 476.) The Naturalization Convention of 1870 (p. 245) provided for the renunciation of citizenship acquired prior to that time in either country, and agreed that the manner of making such renunciation should be subsequently determined upon. This convention designated the time and method of making such renunciation of acquired citizenship. 1871. TREATY FOR THE SETTLEMENT OF ALL CAUSES OF DIFFERENCE. (TREATY OF WASHINGTON.) Concluded May 8, 1871; ratification advised by the Senate May 24, 1871; ratified by the President May 25, 1871; ratifications exchanged June 17, 1871; proclaimed July 4, 1871. (Treaties and Conventions, 1889, p. 478.) (Only the articles now in force are printed.) ARTICLES. I to XI, inclusive, relate to the Tribunal XVIII to XXV, relating to the Fisheries, were terminated July 1, 1885, upon notice given in pursuance of a joint resolution of March 3, 1883 (U. S. Stats., Vol. 22, p. 641). Articles XXII to XXV, inclusive, provided for the appointment of a commission to ascertain the amount of compensation to be awarded Great Britain for fishery privileges granted under Article XVIII. The commission met at Halifax, Nova Scotia, June 15, 1877, and November 23, 1877, awarded to Great Britain $5,500,000 in gold. XXVI. Navigation of St. Lawrence, Yukon, Porcupine, and Stikine rivers. XXVII. Reciprocal use of canals. XXVIII. Navigation of Lake Michigan. XXIX. Transshipment of merchandise. XXX. Reciprocal transportation in vessels. This article was terminated July 1, 1885, upon notice given by the United States. XXXI. Timber on river St. John. XXXII and XXXIII relate to the fisheries and were terminated July 1, 1885. XXXIV to XLII provide for the arbitration by the Emperor of Germany of the northwestern water boundary. (See p. 255.) XLIII. Ratification. The United States of America and Her Britannic Majesty, being desirous to provide for an amicable settlement of all causes of difference between the two countries, have for that purpose appointed their respective Plenipotentiaries, that is to say: The President of the United States, has appointed on the part of the United States as Commissioners in a Joint High Commission and Plenipotentiaries, Hamilton Fish, Secretary of State; Robert Cumming Schenck, Envoy Extraordinary and Minister Plenipotentiary to Great Britain; Samuel Nelson, an Associate Justice of the Supreme Court of the United States; Ebenezer Rockwood Hoar, of Massachusetts; and George Henry Williams, of Oregon; and Her Britannic Majesty on her part has appointed as her High Commissioners, and Plenipotentiaries, the Right Honourable George Frederick Samuel, Earl de Grey and Earl Federal case: Weld & Co. v U.S., 23 Ct. Cl., 126. of Ripon, Viscount Goderich, Baron Grantham, a Baronet, a Peer of the United Kingdom, Lord President of Her Majesty's Most Honourable Privy Council, Knight of the Most Noble Order of the Garter, etc etc; the Right Honourable Sir Stafford Henry Northcote, Baronet, one of Her Majesty's Most Honourable Privy Council, a Member of Parliament, a Companion of the Most Honourable Order of the Bath, etc etc; Sir Edward Thornton, Knight Commander of the Most Honourable Order of the Bath, Her Majesty's Envoy Extraordinary and Minister Plenipotentiary to the United States of America; Sir John Alexander Macdonald, Knight Commander of the Most Honourable 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 Mountague Bernard, Esquire, Chichele Professor of International 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: ARTICLES I TO XI. [These articles relate to Alabama claims arbitration.] ARTICLES XII TO XVII. [These articles relate to civil war claims commission.] ARTICLES XVIII TO XXV. [These articles relate to fisheries.] ARTICLE XXVI. 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 the United States, subject to any laws and regulations of Great Britain, or of the Dominion of Canada, not inconsistent with such privilege of free navigation. The navigation of the rivers Yukon, Porcupine, and Stikine, ascending and descending, from, to, and into the sea, shall forever remain free and 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 regulations of either country within its own territory, not inconsistent with such privilege of free navigation. ARTICLE XXVII. The Government of Her Britannic Majesty engages to urge upon the Government of the Dominion of Canada to secure to the citizens of the United States the use of the Welland, St. Lawrence, and other canals in the Dominion on terms of equality with the inhabitants of the Dominion; and the Government of the United States engages 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 engages to urge upon the State Governments to secure to the subjects of Her Britannic Majesty the use of the several State canals connected with the navigation of the lakes or rivers traversed by or contiguous to the boundary line between the possessions of the High Contracting Parties, on terms of equality with the inhabitants of the United States. ARTICLE XXVIII. The 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 Britannic Majesty, subject to any laws and regulations of the United States or of the States bordering thereon not inconsistent with such privilege of free navigation. ARTICLE XXIX. It is agreed that for the term of years mentioned in Article XXXIII of this treaty, goods, wares, or merchandise arriving at the ports of New York, 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 destined for Her Britannic Majesty's possessions in North America, may be entered at the proper custom-house and conveyed in transit, without the payment of duties, through the territory of the United States, under such rules, regulations, and conditions for the protection of the revenue as the Government of the United States may from time to time prescribe; and, under like rules, regulations, and conditions, goods, wares, or merchandise may be conveyed in transit, without the payment of duties, from such Possessions through the territory of the United States for 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 the ports of Her Britannic Majesty's Possessions in North America and destined for the United States may be entered at the proper custom-house and conveyed in transit, without the payment of duties, through the said Possessions, under such rules and regulations, and conditions for the protection 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 the United States through the said Possessions to other places in the United States, or for export from ports in the said Possessions. ARTICLE XXX. [This article relating to reciprocal transportation in vessels terminated July 1, 1885.] ARTICLE XXXI. The Government of Her Britannic Majesty further engages to urge upon the Parliament of the Dominion of Canada and the Legislature of New Brunswick, that no export duty, or other duty, shall be levied on lumber or timber of any kind cut on that portion of the American territory in the State of Maine watered by the river St. John and its tributaries, and floated down that river to the sea, when the same is shipped to the United States from the province of New Brunswick. And, in case any such export or other duty continues to be levied after the expiration of one year from the date of the exchange of the ratifications of this Treaty, it is agreed that the Government of the United States may suspend the right of carrying herein before granted under Article XXX of this Treaty for such period as such export or other duty may be levied. ARTICLES XXXII AND XXXIII. [These articles relate to fisheries and terminated July 1, 1885.] ARTICLES XXXIV TO XLII. [These articles relate to arbitration by the Emperor of Germany of northwestern water boundary, whose award follows this treaty.] ARTICLE XLIII. The present treaty shall be duly ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by Her Britannic Majesty; and the ratifications shall be exchanged either at Washington or at London within six months from the date hereof, or earlier if possible. In faith whereof, we, the respective Plenipotentiaries, have signed this Treaty and have hereunto affixed our seals. Done in duplicate at Washington the Eighth day of May, in the year of our Lord one thousand eight hundred and seventy one. AWARD OF THE EMPEROR OF GERMANY UNDER THE XXXIVTH ARTICLE OF THE TREATY OF MAY 8, 1871, GIVING THE ISLAND OF SAN JUAN TO THE UNITED STATES. [Translation.] We, William, by the grace of God, German Emperor, King of Prussia, &c., &c., &c. After examination of the Treaty concluded at Washington on the 6th of May, 1871, between the Governments of Her Britannic Majesty and of the United States of America, according to which the said Governments have submitted to Our Arbitrament the question at issue between them, whether the boundary-line which, according to the Treaty of Washington of June 15, 1846, after being carried westward along the forty-ninth parallel of northern latitude to the middle of 'So in the original. The date of the treaty is, however, May 8. |