party to the other, within six months from the date of laying the first statement of the case before the Arbitrator. ARTICLE XXXVII. If, in the case submitted to the Arbitrator, either Party shall specify or allude 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 Arbitrator, to produce the originals or certified copies of any papers adduced as evidence, giving in each instance such reasonable notice as the Arbitrator may require. And if the Arbitrator should desire further elucidation or evidence with regard to any point contained in the statements laid before him, he shall be at liberty to require it from either Party, and he shall be at liberty to hear one counsel or agent for each Party, in relation to any matter, and at such time, and in such manner, as he may think fit. ARTICLE XXXVIII. The Representatives, or other public Agents of Great Britain and of the United States at Berlin respectively, shall be considered as the Agents of their respective Governments to conduct their cases before the Arbitrator, who shall be requested to address all his communications, and give all his notices, to such Representatives or other public Agents, who shall represent their respective Governments generally in all matters connected with the Arbitration. ARTICLE XXXIX. It shall be competent to the Arbitrator to proceed in the said Arbitration, and all matters relating therto, as and when he shall see fit, either in person, or by a person or persons named by him for that purpose, either in the presence or absence of either or both Agents, and either orally or by written discussion, or otherwise. ARTICLE XL. The Arbitrator may, if he think fit, appoint a Secretary or Clerk, for the purposes of the proposed arbitration, at such rate of remuneration as he shall think proper. This, and all other expenses of and connected with the said arbitration, shall be provided for as hereinafter stipulated. ARTICLE XLI. The Arbitrator shall be requested to deliver, together with his award, an account of all the costs and expenses which he may have been put to, in relation to this matter, which shall forthwith be repaid by the two Governments in equal moieties. ARTICLE XLII. The Arbitrator shall be requested to give his award in writing as early as convenient after the whole case on each side shall have been laid before him, and to deliver one copy thereof to each of the said Agents. ARTICLE XLIII. The present Treaty shall be duly ratified by Her Britannic Majesty, and by the President of the United States of America, by and with the advice and consent of the Senate thereof, and the ratifications shall be exchanged either at London or at 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 duplicate at Washington, the eighth day of May, in the year of Our Lord one thousand eight hundred and seventy-one. DE GREY AND RIPON. (L.S.) Mr. Hammond to the Under Secretary of State, Colonial Office. (Copy. No. 155.) SIR, I am directed by Earl Granville to transmit to you, for the information of the Earl of Kimberley, a copy of a despatch from Sir E. Thornton, enclosing copies of his correspondence with Mr. Fish relative to the immediate application of the stipulations of the Fishery Treaty pending its ratification. MY LORD,-With reference to my despatches, Nos. 146 and 147, of the 8th instant, I have the honor to enclose copy of a note addressed to me by Mr. Fish, expressing the hope entertained by the Government of the United States that Her Majesty's Government will urge the Governments of the Dominion of Canada, of Prince Edward Island, and of Newfoundland, to consent that American fishermen should be allowed to fish in the waters of the above Colonies during the coming season. Your Lordship will observe that at the beginning of the second paragraph of the draft of the note which I forwarded in my despatch, No. 146, the following words have been added: "The Government of the United States would be prepared at the same time "to admit British subjects to the right of fishing in the waters of the United States specified in the Treaty"; but I also enclose copy of my answer to Mr. Fish, and hope your Lordship will find that his note, with the addition above mentioned and my answer, are in accordance with the terms your Lordship's telegram of 9th instant, transmitted through Earl de Grey. 66 His Lordship has seen both the enclosed notes and approves of their contents. The Earl Granville, K.C, G., &c., &c., &c. EDWARD THORNTON. Mr. Fish to Sir E. Thornton. (Copy.) DEPARTMENT OF STATE, WASHINGTON, May 8th, 1871. SIR, AS several articles of the Treaty which has been signed this day, relating to the admission of citizens of the United States to fish within the Territorial Waters of Her Britannic Majesty on the coasts of Canada, Prince Edward Island, and Newfoundland, cannot come into full operation until the legislation contemplated in that instrument shall have taken place, and as it seems to be in accordance with the interests of both Governments, in furtherance of the objects and spirit of the Treaty, that the citizens of the United States should have the enjoyment of that liberty during the present season, I am directed by the President to express to you his hope that Her Majesty's Government will be prepared, in the event of the ratification of the Treaty, to make on their own behalf, and to urge the Governments of the Dominion of Canada, of Prince Edward Island and of Newfoundland, to make for the season referred to within their respective jurisdictions such relaxations and regulations as it may respectively be in their power to adopt, with a view to the admission of American fishermen to the liberty which it is proposed to secure to them by the Treaty. The Government of the United States would be prepared at the same time to admit British subjects to the right of fishing in the waters of the United States specified in the Treaty; but as the admission into the United States, free of duty, of any articles which are by law subject to duty cannot be allowed without the sanction of Congress, the President will, in case the above suggestion meets with the views of the British Government, recommend and urge upon Congress, at their next Session, that any duties which may have been collected on and after the first day of July next, on fish-oil and fish (except fish of the inland Lakes and of the Rivers falling into the same, and except fish preserved in oil) the produce of the fisheries of the Dominion of Canada and of Prince Edward Island, shall be returned and refunded to parties paying the same, if a similar arrangement is made with respect to the admission into the British Possessions of fish-oil and fish (with the like exception) being the produce of the Fisheries of the United States. SIR,I have the honor to acknowledge the receipt of your note of yesterday's date. and to inform you in reply that I have been authorized by Earl Granville to state that in the event of the ratification of the Treaty signed yesterday, Her Majesty's Government will be prepared to recommend to the Governments of the Dominion of Canada, of Prince Edward Island, and of Newfoundland, that the provisional arrangement proposed in your note above mentioned with regard to the right of fishing by United States citizens on the coasts of those British possessions, and by British subjects in the waters of the United States, described in Article XIX of the Treaty, shall take effect during the coming season, on the understanding that the ultimate decision of this question must rest with the above mentioned Colonial Governments, who would be asked to grant the immediate and certain right of fishing within the territorial waters of those colonies, whilst the return of the import duties on fish from the 1st of July next, promised by the United States, is prospective and contingent on the action of Congress. The Honorable Hamilton Fish. I have, &c., EDWARD THORNTON. (Copy-Canada-No. 445.) The Secretary of State for the Colonies to the Governor General. DOWNING STREET, 20th June, 1871. MY LORD,---In accordance with the strong wish expressed by the Dominion Government, that a representation should be made to the United States with reference to the losses inflicted on Canada by the Fenian raids; Her Majesty's Government instructed the British High Commissioners to bring the claims arising out of those raids before the Joint High Commission. Your Lordship will observe from the Protocols of Conferences, copies of which were transmitted to you in my despatch No. 444 of the 17th inst., that the American Commissioners declined to entertain the proposal made by the Commissioners to include these claims in the Treaty. Her Majesty's Government were well aware of the serious difficulties in the way of settling this question, and they could not, therefore, feel surprised at this result. At the same time, it was with much regret that they acquiesced in the omission of these claims from the general settlement of outstanding questions between, Great Britain and the United States. But it seemed to them evident that the British Commissioners were right in thinking that there was no reasonable probability that by further pressing the point an agreement would be come to upon it with the American Commissioners, and when the choice lay between the settlement of all the other differences between the two countries on terms which Her Majesty's Government believed to be honorable to both, and beneficial alike to Canada and to the rest of the Empire, and the frustration of all hope of bringing the negotiations to a satisfactory issue, they could not hesitate as to the course which it was their duty to take. The Governor General to the Secretary of State for the Colonies. CACOUNA, MY LORD,With reference to Your Lordship's despatch No. 444, of the 17th June, which I duly referred to the Privy Council of the Dominion; I have the honor to transmit herewith the report of a Committee of that body, containing their views on the subject of the Treaty of Washington, in so far as it affects the interests of Canada. The Right Honorable, The Earl of Kimberley, &c.. &c,, &c. (Signed) I have, &c., LISGAR. (No. 444.) Copy of a Report of a Committee of the Privy Council, dated 28th July, 1871, submitted to His Excellency the Governor General. The Committee of the Privy Council have had under their consideration the Earl of Kimberley's despatch to Your Excellency, dated the 17th June ult., transmitting copies of the Treaty signed at Washington on the 8th May last, by the Joint High Commissioners, and which has since been ratified by Her Majesty, and by the United States of America; of the instructions to Her Majesty's High Commissioners, and of the No. 445. protocols of the Conferences held by the Commission; and likewise the Earl of Kimberley's despatch of the 20th June ultimo, explaining the failure of Her Majesty's Government to obtain the consideration by the United States Commissioners of the claims of Canada for the losses sustained owing to the Fenian raids of 1866 and 1870. The Committee of the Privy Council have not failed to give their anxious consideration to the important subject discussed in the Earl of Kimberley's despatches, and they feel assured that they will consult the best interests of the Empire, by stating frankly for the information of Her Majesty's Government. the result of their deliberations, which they believe to be in accordance with public opinion in all parts of the Dominion. The Committee of the Privy Council readily admit that Canada is deeply interested in the maintenance of cordial relations between the Republic of the United States and the British Empire, and they would therefore have been prepared without hesitation to recommend the Canadian Parliament to co-operate in procuring an amicable settlement of all differences likely to endanger the good understanding between the two Countries. For such an object they would not have hesitated to recommend the concession of some valuable rights, which they have always claimed to enjoy under the Treaty of 1818, and for which, as the Earl of Kimberley observes, Her Majesty's Government have always contended, both Governments having acted on the interpretation given to the Treaty in question by high legal authorities. The general dissatisfaction which the publication of the Treaty of Washington has produced in Canada, and which has been expressed with as much force in the Agricultural Districts of the West as in the Maritime Provinces, arises chiefly from two causes :— 1st. That the principal cause of difference between Canada and the United States has not been removed by the Treaty, but remains a snbject for anxiety. 2nd. That a cession of territorial rights of great value has been made to the United States, not only without the previous assent of Canada, but contrary to the expressed wishes of the Canadian Government. The Committee of the Privy Council will submit their views on both those points for the information of Her Majesty's Government, in the hope that by means of discussion, a more satisfactory understanding between the two Governments may be arrived at. The Earl of Kimberley has referred to the rules laid down in Article VI of the Treaty of Washington, as to the international duties of neutral Governments, as being of special importance to the Dominion, but the Committee of the Privy Council, judging from past experience, are much more apprehensive of misunderstanding, owing to the apparent difference of opinion between Canada and the United States, as to the relative duties of friendly States in a time of peace. It is unnecessary to enter into any lengthened discussion of the conduct of the United States during the last six or seven years, with reference to the organization of considerable numbers of the citizens of those states under the designation of Fenians. The views of the Canadian Government on this subject are in possession of Her Majesty's Government, and it appears from the protocol of conference between the High Commissioners, that the British Commissioners presented the claims of the people of Canada, and were instructed to state that they were regarded by Her Majesty's Government as coming within the class of subjects indicated by Sir Edward Thornton, in his letter of 26th January last, as subjects for the consideration of the Joint High Commissioners. The Earl of Kimberley states that it was with much |