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the channel which separates the continent from Vancouver's Island is thence to be drawn southerly through the middle of the said channel and of the Fuca Straits to the Pacific Ocean, should be drawn through the Rosario Channel as the Government of Her Britannic Majesty claims, or through the Haro Channel as the Government of the United States claims; to the end that We may finally and without appeal decide which of these claims is most in accordance with the true interpretation of the treaty of June 15, 1846.

After hearing the report made to Us by the experts and jurists summoned by Us upon the contents of the interchanged memorials and their appendices

Have decreed the following award:

Most in accordance with the true interpretations of the Treaty concluded on the 15th of June, 1846, between the Governments of Her Britannic Majesty and of the United States of America, is the claim of the Government of the United States that the boundary-line between the territories of Her Britannic Majesty and the United States should be drawn through the Haro Channel.

Authenticated by Our Autographic Signature and the impression of the imperial great seal.

Given at Berlin, October the 21st, 1872. [SEAL.]

WILLIAM.

PROTOCOL OF A CONFERENCE AT WASHINGTON, MARCH 10, 1873, RESPECTING

THE NORTHWEST WATER-BOUNDARY.

Whereas it was provided by the First Article of the Treaty between the United States of America and Great Britain, signed at Washington on the 15th of June, 1846, as follows:

"ARTICLE I."

“From the point of the 49th Parallel of North Latitude, where the Boundary “ laid down in existing Treaties and Conventions between the United States and * Great Britain terminates, the line of Boundary between the territories of the “ United States and those of Her Britannic Majesty shall be continued westward * along the said 49th parallel of North Latitude, to the middle of the channel which separates the continent from Vancouvers Island; and thence southerly through the middle of the said channel,and of Fuca's Straits, to the Pacific Ocean;

provided, “ however, that the navigation of the whole of the said channel and straits, south “of the 49th parallel of North Latitude, remain free and open to both parties."

And whereas it was provided by the XXXIV. Article of the Treaty between the United States of America and Great Britain, signed at Washington on the gth of May, 1871, as follows:

“ARTICLE XXXIV."

“Whereas it was stipulated by Article I of the Treaty concluded at Washing“ton, on the 15th of June 1846, between the United States and Her Britannic * Majesty, that the line of boundary between the territories of the United States "and those of Her Britannic Majesty, from the point on the 49th parallel of North * Latitude up to which it had already been ascertained, should be continued west“ward along the said parallel of North Latitude to the middle of the channel “which separates the continent from Vancouvers Island, and thence southerly, “through the middle of the said channel and of Fuca Straits to the Pacific Ocean “and whereas the Commissioners appointed by the two High Contracting Parties " to determine that portion of the Boundary which runs southerly through the * middle of the channel aforesaid were unable to agree upon the same; and whereas “the Government of Her Britannic Majesty claims that such boundary line should “ under the terms of the Treaty above recited, be run through the Rosario Straits, " and the Government of the United States claims that it should be run through “the Canal de Haro, it is agreed that the respective claims of the Government of “ the United States, and of the Government of Her Britannic Majesty, shall be "submitted to the arbitration and award of His Majesty, the Emperor of Ger“many who having regard to the above mentioned Article of the said Treaty, shall ** decide thereupon, finally and without

appeal, which of those claims is most in “accordance with the true interpretation of the treaty of June 15th 1846.”

And whereas, His Majesty, the Emperor of Germany has, by his award dated the 21st of October 1872, decided that . Mit der richtigen Auslegung des zwischen "den Regierungen Ihrer Britischen Majestät und der Vereinigten Staaten von "Amerika geschlossenen Vertrages de dato Washington den 15 Juni 1846, steht "der Auspruch der Regierung der Vereinigten Staaten am meisten im Einklange,

dass die Grenzlinie zwischen den Gebieten Ihrer Britischen Majestät und den Vereinigten Staaten durch den Haro-Kanal gezogen warde.”

The undersigned, Hamilton Fish, Secretary of State of the United States, and the Right Honourable Sir Edward Thornton, one of Her Majesty's Most Honourable Privy Council, Knight Commander of the Most Honourable Order of the Bath, Her Britannic Majesty's Envoy Extraordinary and Minister Plenipotentiary to the United States of America, and Rear Admiral James Charles Prevost, Commissioner of Her Britannic Majesty in respect of the Boundary aforesaid, duly authorized by their respective Governments to trace out and mark on charts prepared for that purpose, the line of Boundary in conformity with the award of His Majesty, the Emperor of Germany, and to complete the determination of so much of the Boundary line between the territory of the United States and the possessions of Great Britain, as was left uncompleted by the commissioners heretofore appointed to carry into effect the First Article of the Treaty of 15th June 1846, have met together at Washington, and have traced out and marked the said Boundary line on four charts, severally entitled —"North America, West Coast, Strait “of Juan de Fuca and the channels between the Continent and Vancouver Id, “showing the Boundary line between British and American Possessions, from the

Admiralty surveys by Captains H. Kellett R. N. 1847, and G. H. Richards R. N. "1858–1862” and having on examination agreed that the lines so traced out and marked on the respective charts are identical, they have severally signed the said charts on behalf of their respective Governments, two copies thereof to be retained by the Government of the United States, and two copies thereof to be retained by the Government of Her Britannic Majesty, to serve with the “definition of the Boundary line," attached hereto, showing the general bearings of the line of Boundary as laid down on the charts, as a perpetual record of agreement between the two Governments in the matter of the line of Boundary between their respective dominions under the First Article of the Treaty concluded at Washington on the 15th of June 1846.

In witness whereof, the undersigned have signed this Protocol and have hereunto affixed their seals. Done in duplicate at Washington, this tenth day of March in the year 1873.

HAMILTON FISH (SEAL.]
EDW". THORNTON. SEAL.
JAMES C PREVOST. (SEAL.]

DEFINITION OF THE BOUNDARY LINE.

The Chart upon which the Boundary Line between the British and United States Possessions is laid down, is entitled “North America, West Coast, Strait “of Juan de Fuca and the channels between the Continent and Vancouver Id, “ showing the Boundary line between British and American Possessions, from the " Admiralty surveys by Captains H. Kellett, R. N. 1847, and G. H. Richards, R. N. * 1858-1862.”

The Boundary line thus laid down on the chart is a Black line shaded Red on the side of the British possessions, and Blue on the side of the possessions of the United States.

The Boundary line thus defined commences at the point on the 49th Parallel of North Latitude on the West side of Point Robarts which is marked by a stone monument, and the line is continued along the said Parallel to the middle of the channel which separates the continent from Vancouver Island, that is to say, to a point in Longitude 123° 19' 15'' W, as shown in the said chart.

It then proceeds in a direction about S 50° E (true) for about fifteen geographical miles, when it curves to the Southward passing equidistant between the West point of Patos Island and the East point of Saturna Island until the point midway on a line drawn between Turnpoint on StewartIsland and Fairfax point on Moresby Island bears S. 68° W. (true) distant ten miles then on a course south 68° W (true) ten miles to the said point midway between Turnpoint on Stewart Island and Fairfax point on Moresby Island, thence on a course about South 12° 30' East (true) for about eight and three-quarter miles to a point due east one mile from the northernmost Kelp Reef which Reef on the said chart is laid down as in Latitude 48° 33' North and in longitude 123 15' West, then its direction continues about S 20° 15' East, (true) six and one eighth miles to a point midway

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between Sea Bird Point on Discovery Island and Pile Point on San Juan Island thence in a straight line S 45° E. (true) until it touches the North end of the middle Bank in between 13 and 18 fathoms of water; from this point the line takes a general S 28° 30' W direction (true) for about ten miles when it reaches the center of the fairway of the Strait of Juan de Fuca, which by the chart is in the Latitude of 48° 17' north and longitude 123° 14' 40' W.

Thence the line runs in a direction S, 73° W (true) for twelve miles to a point on a straight line drawn from the Light House on Race Island to Angelos Point midway between the same.

Thence the line runs through the center of the Strait of Juan de Fuca first in a direction N. 80° 30' W, about 54 miles to a point equidistant on a straight line between Beechey Head on Vancouver Island and Tongue point on the shore of Washington Territory, second in a direction N. 76° W, about 131 miles to a point equidistant in a straight line between Sherringham Point on Vancouver Island and Pillow Point on the shore of Washington Territory, third, in a direction N. 68° W, about 30 miles to the Pacific Ocean at a point equidistant between Bonilla point on Vancouver Island and Tatooch Island Light House on the American shore—the line between the points being nearly due North and South (true.)

The courses and distances as given in the foregoing description are not assumed to be perfectly accurate-but are as nearly so as is supposed to be necessary to a practical definition of the line laid down on the chart and intended to be the Boundary line.

HAMILTON FISH
EDW. THORNTON
JAMES C PREVOST.

1873.

ADDITIONAL ARTICLE TO TREATY OF MAY 8, 1871, RESPECTING

MEETING PLACES FOR THE COMMISSION UNDER ARTICLE XII.

Concluded January 18, 1873; ratification advised by the Senate Feb

ruary 14, 1873; ratified by the President February 28, 1873; ratifications exchanged April 10, 1873; proclaimed April 15, 1873. (Treaties and Conventions, 1889, p. 494.)

This article permitted the commission to hold its meetings at other places than Washington.

1877. DECLARATION AFFORDING RECIPROCAL PROTECTION TO TRADE

MARKS.

Concluded October 24, 1877; ratification advised by the Senate May

22, 1878; ratified by the President May 25, 1878; no exchange of ratifications made; proclaimed July 17, 1878. (Treaties and Conventions, 1889, p. 501.)

The Government of the United States of America, and the Government of Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, with a view to the reciprocal protection of the marks of manufacture and trade in the two countries, have agreed as follows:

The subjects or citizens of each of the Contracting Parties shall have, in the dominions and possessions of the other, the same rights as belong to native subjects or citizens, or as are now granted or may hereafter be granted to the subjects and citizens of the most favored nation, in everything relating to property in trade marks and trade labels.

It is understood that any person who desires to obtain the aforesaid protection must fulfil the formalities required by the laws of the respective countries.

In witness whereof the undersigned have signed the present declaration, and have affixed thereto the seal of their arms.

Done at London, the twenty fourth day of October 1877. (SEAL.]

EDWARDS PIERREPONT SEAL.

DERBY

1889.

EXTRADITION CONVENTION.

Concluded July 12, 1889; ratification advised by the Senate with

amendments February 18, 1890; ratified by the President February 25, 1890; ratifications exchanged March 11, 1890; proclaimed March 25, 1890. (U. S. Stats., Vol. 26, p. 1508.)

ARTICLES.

I. Additional extraditable crimes.
II. Political crimes.
III. Prior offenses.
IV. Delivery of articles seized.
V. Crimes committed in other coun-

tries.

VI. Procedure.
VII. Escaped convicts.
VIII. No prior effect.

IX. Ratification; duration.

Whereas by the Tenth Article of the Treaty concluded between the United States of America and Her Britannic Majesty on the ninth day of August, 1842, provision is made for the extradition of persons charged with certain crimes;

And Whereas it is now desired by the High Contracting Parties that the provisions of the said Article should 'embrace certain crimes not therein specified, and should extend tofugitives convicted of the crimes specified in the said Article and in this Convention;

The said High Contracting Parties have appointed as their Plenipotentiaries to conclude a Convention for this purpose, that is to say:

The President of the United States of America, James G. Blaine, Secretary of State of the United States;

And Her Majesty, the Queen of the United Kingdom of Great Britain and Ireland, Sir Julian Pauncefote, Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George, Knight Commander of the Most Honorable Order of the Bath, and Envoy Extraordinary and Minister Plenipotentiary of Her Britannic Majesty to the United States;

Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following Articles:

ARTICLE I. The provisions of the said Tenth Article are hereby made applicable to the following additional crimes:

1. Manslaughter, when voluntary.

1 See Article X, p.230. Federal cases: Bryant v. U. S., 167 U.S., 104; In re Breen, 75 Fed. Rep., 458; In re Bryant 80 Fed. Rep., 282.

2. Counterfeiting or altering money; uttering or bringing into circulation counterfeit or altered money.

3. Embezzlement; larceny; receiving any money, valuable security, or other property, knowing the same to have been embezzled, stolen, or fraudulently obtained.

4. Fraud by a bailee, banker, agent, factor, trustee, or director or member or officer of any company, made criminal by the laws of both countries.

5. Perjury, or subornation of perjury.
6. Rape; abduction; child-stealing; kidnapping.
7. Burglary; house-breaking or shop-breaking.
8. Piracy by the law of nations.

9. Revolt, or conspiracy to revolt by two cr more persons on board a ship on the high seas, against the authority of the master; wrongfully sinking or destroying a vessel at sea, or attempting to do so; assaults on board a ship on the high seas, with intent to do grievous bodily harm.

10. Crimes and offenses against the laws of both countries for the suppression of slavery and slave-trading.

Extradition is also to take place for participation in any of the crimes mentioned in this Convention or in the aforesaid Tenth Article, provided such participation be punishable by the laws of both countries.

ARTICLE II.

A fugitive criminal shall not be surrendered, if the offense in respect of which his surrender is demanded be one of a political character, or if he proves that the requisition for his surrender has in fact been made with a view to try or punish him for an offense of a political character.

No person surrendered by either of the High Contracting Parties to the other shall be triable or tried, or be punished for any political crime or offense, or for any act connected therewith, committed previously to his extradition.

If any question shall arise as to whether a case comes within the provisions of this Article, the decision of the authorities of the government in whose jurisdiction the fugitive shall be at the time shall be final.

ARTICLE III.

No person surrendered by or to either of the High Contracting Parties shall be triable or be tried for any crime or offense, committed prior to his extradition, other than the offense for which he was surrendered, until he shall have had an opportunity of returning to the country from which he was surrendered.

ARTICLE IV.

All articles seized which were in the possession of the person to be surrendered at the time of his apprehension, whether being the proceeds of the crime or offence charged, or being material as evidence in making proof of the crime or offense, shall, so far as practicable, and if the competent authority of the State applied to for the extradition has ordered the delivery thereof, be given up when the extradition takes place. Nevertheless, the rights of third parties with regard to the articles aforesaid shall be duly respected.

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