Products of fish and of all other creatures living in the water. Poultry. Eggs. Hides, furs, skins or tails undressed. Stone or marble in its crude or unwrought state.. Slate. Butter, cheese, tallow. Lard, horns, manures. Ores of metals of all kinds. Coal. Pitch, tar, turpentine, ashes. Timber and lumber of all kinds, round, hewed and sawed, unmanufactured in whole or in part. Firewood. Plants, shrubs, and trees. Pelts, wool. Fish-Oil. Rice, broomcorn, and bark. Gypsum, ground, or unground. Hewn or wrought or unwrought burr or grindstones. Flax, hemp, and tow unmanufactured. Unmanufactured tobacco. Rags. ART. IV It is agreed that the citizens and inhabitants of the United States shall have the right to navigate the river St. Lawrence and the canals in Canada used as the means of communicating between the great Lakes and the Atlantic Ocean, with their vessels, boats, and crafts, as fully and freely as the subjects of Her Britannic Majesty, subject only to the same tolls and other assessments as now are or may hereafter be exacted of Her Majesty's said subjects, it being understood, however, that the British Government retains the right of suspending this privilege on giving due notice thereof to the Government of the United States. It is further agreed that if at any time the British Government should exercise the said reserved right, the Government of the United States shall have the right of suspending, if it think fit, the operation of Art. III. of the present treaty in so far as the Province of Canada is affected thereby, for so long as the suspension of the free navigation of the river St. Lawrence or the canals may continue. It is further agreed that British subjects shall have the right freely to navigate Lake Michigan with their vessels, boats, and crafts, so long as the privilege of navigating the river St. Lawrence secured to American citizens by the above clause of the present Article shall continue, and the Government of the United States further engages to urge upon the State Governments to secure to the subjects of Her Britannic Majesty the use of the several State canals on terms of equality with the inhabitants of the United States. And it is further agreed 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. ART. V The present treaty shall take effect as soon as the laws required to carry it into operation shall have been passed by the Imperial Parliament of Great Britain and by the Provincial Parliaments of those of the British North American Colonies which are affected by this treaty on the one hand, and by the Congress of the United States on the other. Such assent having been given, the treaty shall remain in force for ten years from the date at which it may come into operation, and further until the expiration of twelve months after either of the High Contracting Parties shall give 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 term of ten years, or at any time afterwards. It is clearly understood, however, that this stipulation is not intended to affect the reservation made by Article IV of the present treaty with regard to the right of temporarily suspending the operation of Articles III and IV thereof. ART. VI And it is hereby further agreed that the provisions and stipulations of the foregoing Articles shall extend to the Island of Newfoundland, so far as they are applicable to that Colony. But if the Imperial Parliament, the Provincial Parliament of Newfoundland, or the Congress of the United States shall not embrace in their laws enacted for carrying this treaty into effect, the Colony of Newfoundland, 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 the remaining Articles of this treaty. ART. VII The present treaty shall be duly ratified, and the mutual exchange of ratifications shall take place in Washington, 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 triplicate, at Washington, the fifth day of June, Anno Domini one thousand eight hundred and fifty-four. Act of British Parliament of Feb. 19, 1855 (45 British and Foreign State Papers 609) and the President's proclamation of Mar. 16, 1855 under sec. 1 of the act of Aug. 5, 1854 (10 Stat. 1179). For further details see 6 Miller 736. SETTLEMENT OF CLAIMS Convention signed at Washington July 17, 1854, amending convention of February 8, 1853 Senate advice and consent to ratification July 21, 1854 Ratified by the President of the United States July 24, 1854 Ratified by the United Kingdom August 8, 1854 Ratifications exchanged at London August 18, 1854 Entered into force August 18, 1854 Proclaimed by the President of the United States September 11, 1854 10 Stat. 1103; Treaty Series 125 1 Whereas a Convention was concluded on the 8th day of February, 1853,2 between the United States of America and Her Britannic Majesty, for the settlement of outstanding claims, by a Mixed Commission, limited to endure for twelve months from the day of the first meeting of the Commissioners: And whereas doubts have arisen as to the practicability of the business of the said Commission being concluded within the period assigned, the President of the United States and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland are desirous that the time originally fixed for the duration of the Commission should be extended, and to this end have named Plenipotentiaries to agree upon the best mode of effecting this object, that is to say: the President of the United States, the Honorable William L. Marcy, Secretary of State of the United States; and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, John Fiennes Crampton, Esqre, Her Majesty's Envoy Extraordinary and Minister Plenipotentiary at Washington, who have agreed as follows: ARTICLE I The High Contracting Parties agree that the time limited in the Convention above referred to for the termination of the Commission shall be extended for a period not exceeding four months from the 15th of September next, should such extension be deemed necessary by the Commissioners, or the Umpire, in case of their disagreement. It being agreed that nothing contained in this Article shall in anywise alter or extend the time originally fixed in the said Convention for the presentation of claims to the Commissioners. ARTICLE II The present Convention shall be ratified, and the ratifications shall be exchanged at London as soon as possible within four months from the date thereof. In witness whereof, the respective Plenipotentiaries have signed the same, and have affixed thereto the seals of their arms. Done at Washington, the seventeenth day of July, in the year of our Lord one thousand eight hundred and fifty-four. JOINT OCCUPATION OF SAN JUAN ISLAND Exchanges of notes October 25 and 29 and November 2, 3, 5, 7, and 9, 1859, and March 20 and 23, 1860 Terminated November 25, 18721 8 Miller 281 The General in Chief of the United States Army to the Governor HEAD QUARTERS OF THE ARMY FORT TOWNSEND, WASHINGTON TERRITORY OCTOBER 25, 1859 To His Excellency JAMES DOUGLAS, Esq:, C.B. Governor of the Colony of Vancouver and its dependencies, The undersigned, Lieutenant General, and Commanding in Chief the Army of the United States, having been drawn to this frontier by the apprehension of some untoward collision of arms between the forces of the United States and those of Great Britain in and about the Island of San Juan-the sovereignty of which is claimed by both nations-does not hesitate in the great interests of peace, assumed to be as important to one party as to the other, at once to submit for the consideration of His Excellency the following proposition to serve as a basis for the temporary adjustment of any present difficulty, until the two governments shall have had time to settle the question of title diplomatically: Without prejudice to the claim of either nation to the sovereignty of the entire Island of San Juan, now in dispute, it is proposed that each shall occupy a separate portion of the same by a detachment of Infantry, Riflemen or Marines, not exceeding one hundred men, with their appropriate arms, only, for the equal protection of their respective countrymen in their persons and property, and to repel any descent on the part of hostile Indians. In modification of this basis, any suggestion his Excellency may think 1Date of British withdrawal. The controversy over the northwest water boundary was referred to the arbitration of the German Emperor pursuant to arts. XXXIV-XLII of treaty signed at Washington May 8, 1871 (TS 133, post, p. 170). On Oct. 21, 1872, the Emperor rendered an award in favor of the U.S. claim that the boundary should run through Haro Strait. |