your information, a copy of the act passed on the 6th of August last by the Parliament of the United Kingdom to carry into effect the said treaty between Her Majesty and the United States of America, as regards the British Colonies in North America.

I have, &c.

EDW'D. THORNTON.

AN ACT to carry into effect a treaty between Her Majesty and the United States of America. [6th August, 1872.]

Whereas a treaty between Her Majesty and the United States of America was signed at Washington on the eighth day of May, one thousand eight hundred and seventy-one, and was duly ratified on the seventeenth day of June of that year, which, among other things, contained the articles set out in the schedule to this act :

And whereas an act intituled “An act relating to the Treaty of Washington, 1871,” has been passed by the Parliament of Canada for the purpose of carrying into operation the said articles:

And whereas an act intituled "An act relating to the Treaty of Washington, 1871,” has been passed by the legislature of Prince Edward's Island for the purpose of carrying into operation the said articles:

And whereas the Congress of the United States of America have not as yet passed any act for carrying into operation on the part of the United States the said articles:

And whereas it is expedient to make provision by act of Parliament for carrying into operation the said articles:

Be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

1. As soon as the law required to carry into operation, on the part of the United States of America, the articles set out in the schedule to this act has been passed by the Congress of the United States, and come into force, all acts of Parliament and laws which operate to prevent the said articles from taking full effect shall, so far as they so operate, be suspended and have no effect during the period mentioned in the article numbered thirty-three in the schedule to this act.

2. Whenever the necessary laws have been passed by the legislature of Newfoundland and approved by Her Majesty for carrying into operation the articles in the schedule to this act so far as they relate to Newfoundland, it shall be lawful for the officer administering the government of Newfoundland, at any time during the suspension, in pursuance of this act, of the above-mentioned acts of Parliament and laws, by his proclamation, to declare that, after a time fixed in such proclamation for that purpose, this act and the articles in the schedule to this act shall extend, and the same accordingly shall extend to Newfoundland, so far as they are applicable thereto. 3. This act may be cited as "The Treaty of Washington Act, 1872."

SCHEDULE.

Articles of the treaty of Washington of the 8th May, 1871, which are referred to in the foregoing act.

ARTICLE XVIII.

It is agreed by the high contracting parties that, in addition to the liberty secured to the United States fishermen by the convention between Great Britain and the United States, signed at London on the 20th day of October, 1818, of taking, curing, and drying fish on certain coasts of the British North American colonies therein defined, the inhabitants 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 XXXIII 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 Quebec, Nova Scotia, and New Bruns wick, and the colony of Prince Edward's Island, and of the several 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 purpose 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 British fishermen, in the peaceable use of any part of the 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 fisheries, and all other fisheries in rivers and the mouths of rivers, are hereby reserved exclusively for British fishermen.

ARTICLE XIX.

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 XXXIII of this treaty, to take fish of every kind, except shell-fish, on the eastern sea-coasts and shores of the United States north of the thirty-ninth 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 property, or with the fishermen of the United States, in the peaceable use of any part of the 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 salmon and shad fisheries, and all other fisheries in rivers and mouths of rivers, are hereby reserved exclusively for fishermen of the United States.

ARTICLE XX.

It is agreed that the places designated by the commissioners appointed under the first article of the treaty between Great Britain and the United States, concluded at Washington on the 5th of June, 1854, upon the coasts of Her Britannic Majesty's dominions and 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 Her Britannic Majesty and of the United States 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 authority as the commission appointed under the said first article of the treaty of the 5th of June, 1854.

ARTICLE XXI.

It is agreed that, for the term of years mentioned in Article XXXIII 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 preserved in oil,) being the produce of the fisheries of the Dominion of Canada, or of Prince Edward's Island, or of the United States, shall be admitted into each country, respectively, free of duty.

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 admitted by the Government of the United States; it is further agreed that commissioners shall be appointed to determine, having regard to the privileges 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 which, in their opinion, ought to be paid by the Government 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 months 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 the 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 when this article shall take effect, then the third commissioner shall be 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 herein before provided for making the original appointment, the period of three months in case of such substitution being calculated from the date of the happening of the

vacancy.

The commissioners so named shall meet in the city of Halifax, in the province of

Nova Scotia, at the earliest convenient period after they have been respectively named, and shall, before proceeding to any business, make and subscribe à 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 commission as its agent, to represent it generally in all matters connected with the commission.

ARTICLE XXIV.

The proceedings shall be conducted in such order as the commissioners appointed under Articles XXII and XXIII of this treaty shall determine. They shall be bound to receive such oral or written testimony as either government may present. If either party shall offer oral testimony, the other party shall have the right of cross-examination, under such rules as the commissioners shall prescribe.

If in the case submitted to the commissioners either party shall have specified or alluded to any report or document in its own exclusive possession, without annexing a copy, such party shall be bound, if the other party thinks proper to apply for it, to furnish that party with a copy thereof; and either party may call upon the other, through the commissioners, to produce the originals or certified copies of any papers adduced as evidence, giving in each instance such reasonable notice as the commissioners may require.

The case on either side shall be closed within a period of six months from the date of the organization of the commission, and the commissioners shall be requested to give their award as soon as possible thereafter. The aforesaid period of six months may be extended for three months in case of a vacancy occurring among the commissioners under the circumstances contemplated in Article XXIII of this treaty.

ARTICLE XXV.

The commissioners shall keep an accurate record and correct minutes or notes of all their proceedings, with the dates thereof, and may appoint and employ a secretary and any other necessary officer or officers to assist them in the transaction of the busines which may come before them.

Each of the high contracting parties shall pay its own commissioner and agent or counsel; all other expenses shall be defrayed by the two governments in equal moieties.

ARTICLE XXX.

It is agreed that for the term of years mentioned in Article XXXIII of this treaty, subjects of her Britannic Majesty may carry in British vessels, without payment of duty, goods, wares, or merchandise from one port or place within the territory of the United States upon the Saint Lawrence, the great lakes, and the rivers connecting the same, to another port or place within the territory of the United States as aforesaid: Provided, that a portion of such transportation is made through the Dominion of Canada by land carriage and in bond, under such rules and regulations as may be agreed upon between the Government of Her Britannic Majesty and the Government of the United States.

Citizens of the United States may for the like period carry in United States vessels, without payment of duty, goods, wares, or merchandise from one port or place within the possessions of Her Britannic Majesty in North America, to another port or place within the said possessions: Provided that a portion of such transportation is made through the territory of the United States by land carriage and in bond, under such rules and regulations as may be agreed upon between the government of Her Britannic Majesty and the Government of the United States.

The Government of the United States further engages not to impose any export duties on goods, wares, or merchandise carried under this article through the territory of the United States; and Her Majesty's government engages to urge the parliament of the Dominion of Canada and the legislatures of the other colonies not to impose any export duties on goods, wares, or merchandise carried under this article; and the Government of the United States may, in case such export duties are imposed by the Dominion of Canada, suspend, during the period that such duties are imposed, the right of carrying granted under this article in favor of the subjects of Her Britannic Majesty.

The Governinent of the United States may suspend the right of carrying granted in favor of the subjects of Her Britannic Majesty under this article in case the Dominion of Canada should at any time deprive the citizens of the United States of the use of the canals in the said Dominion on terms of equality with the inhabitants of the Dominion, as provided in Article XXVII.

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 Saint 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 hereinbefore granted under Article XXX of this treaty for such period as such export or other duty may be levied.

ARTICLE XXXII.

It is further agreed that the provisions and stipulations of Articles XVIII to XXV of this treaty, inclusive, shall extend to the colony of Newfoundland, so far as they are applicable. But if the Imperial Parliament, the legislature of Newfoundland, or the Congress of the United States, shall not embrace the colony of Newfoundland in their laws enacted for carrying the foregoing articles into effect, then this article shall be of no effect; but the omission to make provision by law to give it effect, by either of the legislative bodies aforesaid, shall not in any way impair any other articles of this treaty.

ARTICLE XXXIII.

The foregoing Articles, XVIII to XXV, inclusive, and Article XXX of this treaty, shall take effect as soon as the laws required to carry them into operation shall have been passed by the Imperial Parliament of Great Britain, by the Parliament of Canada, and by the legislature of Prince Edward's Island on the one hand, and by the Congress of the United States on the other. Such assent having been given, the said articles shall remain in force for the period of ten years from the date at which they may come into operation, and further, until the expiration of two years after either of the high contracting parties shall have given notice to the other of its wish to terminate the same; each of the high contracting parties being at liberty to give such notice to the other at the end of the said period of ten years, or at any time afterward.

No. 179.

Sir Edward Thornton to Mr. Fish.

WASHINGTON, January 30, 1873. (Received January 31.) SIR: I have the honor to transmit herewith copy of an act passed by the legislature of Prince Edward's Island on the 29th of June last, relating to the treaty of Washington of May 8, 1871.

I have, &c.,

CAP. II.

EDW'D THORNTON.

AN ACT relating to the treaty of Washington, 1871, passed June 29, 1872. Whereas, by article thirty-three of the treaty between Her Majesty and the United States of America, signed at the city of Washington, on the eighth day of May, one thousand eight hundred and seventy-one, it is provided that articles eighteen to twenty-five, inclusive, relating to the fisheries, shall take effect as soon as the laws required to carry them into operation shall have been passed by the Imperial Parliament of Great Britain, by the Parliament of Canada, and by the legislature of Prince Edward's Island, on the one hand, and by the Congress of the United States on the other; and that, such assent having been given, the said articles shall remain in force for the term of years mentioned in the said article thirty-three; and whereas it is expedient that the laws required to carry the said treaty into effect as respects Prince Edward's Island should be passed by the legislature thereof:

1. Be it therefore enacted by the lieutenant-governor, council, and assembly: The act made and passed in the sixth year of the reign of her present Majesty, chapter fourteen, intituled "An act relating to the fisheries, and for the prevention of illicit trade in Prince Edward's Island and the coasts and harbors thereof," shall be and is hereby suspended as respects vessels and inhabitants of the United States of America engaged in taking fish of every or any kind, except shell-fish, on the sea-coasts and shores, and in

the bays, harbors, and creeks of Prince Edward's Island; as shall, also, all acts, laws, or regulations (if any) over which the legislature of the said Island has control which would in anywise prevent or impede the full effect of the said article eighteen.

2. Fish-oil and fish of all kinds, except fish of the inland lakes and of the rivers falling into them, and except fish preserved in oil, being the produce of the fisheries of the United States, shall be admitted into Prince Edward's Island free of duty.

3. The foregoing sections of this act shall come into force upon, from, and after a day to be appointed for that purpose by a proclamation based upon an order of the lieutenaut-governor in council, and shall remain in force during the term of years mentioned in article thirty-three of the said treaty.

No. 180.

Sir Edward Thornton to Mr. Fish.

WASHINGTON, February 10, 1873. (Received February 11.) SIR: Lord Granville has desired me to state to you that, as the Japanese embassadors, who have already visited England and the United States, have now set out to visit other European countries, it may be agreeable to the Government of the United States, with reference to the negotiation for the revision of treaties which will take place at no distant day in Japan, to be made acquainted with what has passed with them in England.

I have, therefore, the honor, by his lordship's direction, to inclose copies of the memoranda of three conversations which he held with them before their departure, and of a memorandum which they gave him respecting a question more directly affecting the United States, England, France, and Holland, with observations thereupon by Sir Harry Parkes.

Sir Harry will shortly return to Japan, and will be authorized, when the time arrives, to enter upon the question of the revision of the British treaty with Japan, and he will be prepared to communicate unreserv edly with the representatives of other powers who have a common interest with England in the establishment of relations with Japan on a satisfactory footing.

I have, &c.,

EDW'D THORNTON.

No. 1.

Memorandum by the Japanese embassadors respecting the Shimonoseki indemnity. On the 22d of October, 1864, a convention was signed by the representatives of Great Britain, France, United States, and Netherlands with the representative of the Japanese government, wherein was concluded a final arrangement settling the amount of indemnity to be exacted in consequence of certain attacks made at Shimonoseki by the daimio of Chio-Shiu upon vessels of the above-named powers, wherein the government of Japan was bound to pay, in quarterly installments, the sum of $3,000,000, as indemnity for all direct damages, as well as remote or consequential damages, and expenses in any way resulting from or occasioned by reason of the expedition undertaken by the combined naval forces of these four powers.

The first, second, and third installments were accordingly paid by the government of Japan, agreeably to the foregoing conditions; but when the time arrived for payment of the fourth installment, the existing government was in so critical a situation that further payments were quite beyond its power at that time, and it became necessary to address the parties to this convention, requesting a postponement of two years for the remaining payment, adding proper interest for the delay.