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New Orleans Republican. [volume] (New Orleans, La) 1867-1878, August 23, 1871, Image 6

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§«w ©titans jKrjmMian.
OFFICIAL JOURNAL OF THE UNITED STATES
OFFICIAL JOURNAL OF NEW ORLEANS
THE DAILY REPUBLICAN
la published every day (Mondays excepted) at No
$4 Camp street. Terms: $16 a year; $3 for six
months; $4 for three months—payable invariably
In advance. Single copies ten cent a
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Blen t rates as may be agreed upon; provided, that
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THE WEEKLY REPUBLICAN
la published every Saturday morning, and contains
the news by telegraph, miscellaneous reading, edi
torials, local matters ot general public interest,
commercial and monetary reports, ami everything
that appears in the Daily, oxeept sncli items as are
Of little or no public moment. Tlio WEEKLY UK
FPBLICAX is an excellent family paper, valuable
a* well for instruction an J amusement us irdbnna
Bon on the current topics of the day.
Terms of Sislurrlrliiin.
One year, $5; six months, $? :■(>.
Advertisements.
Transient advertisements same terms as in the :
Daily. Monthly advertisements inserted tor one- !
fourth of the daily rates.
A liberal commission allowed to those who send !
as clubs of five or more.
THU COURTS.
United States Commissioner's Court.
M. V. B. Hutchinson, Deputy Collector of
Internal Revenue, yesterday made affidavit
before United States Commissioner William
Grant, charging that Josd Garcia, carrying
on business as a cigar manufacturer, at No.
61 Gasquet street, did, on or about the sixth
of August, remove from his factory a lot ol
cigars, without having first paid the tax due
thereon,fand having the same stamped ac
cording to law, with intent to defraud the
government.
A charge of the same kind was also made
against G. Nodal, doing business on Gasquet
street. Warrants were issued for the arrest
of the parties!
Eighth D strict Court—Suit Against the
Stale Auditor by Mr. Bragdon, the
Governor's Secietary— Was he De
posed pro tem. by Lieutenant Governor
Dunn.
The State of Louisiana on the relation of
O. D. Bragdon vs. James Graham, Auditor.
The petition ot the State of Louisiana, on
the relation of Oren G. Bragdon, - respect
fully represents that relator was appointed
private secretary of the Governor ot Louis
ianana, by bis excellency H. C. Warmoth,
Governor, on the first of October, 1870, and
that ever since that time be has performed
the duties of the office, and that for such
services he is entirled to be paid quarterly
offt of the treasury of the State a salary at
the rate of twenty-five hundred dollars per
annum, on bis own warrant, as by the stat
ute in such case made aud provided.
And petitioner represents tuat relator has
now due him the sum of six hundred and
twenty-live dollars salary for the quarter
beginning April 1, 1871, and ending June 30,
1871, for services actually^ rendered as pri
vate secretary aforesaid; that relator drew
his warrant, which is made part hereof,
against James Graham, Esq., Auditor of
Public Accouuts of the State of Louisiana,
dated July 25, 1871, for the salary due him
as aforesaid, and presented the'same for
payment to the said Auditor; but that said
Janies Graham, Auditor, without any au
thority of law, refused to audit, warrant for
and pay the same unless your relator would
suffer a deduction in his pay for the lour last
days of June, 1871, whicn he w as not and is
not hound to do.
All ot which acts and doings on the part
of said James Graham are arbitrary, unjust
and without authority of law. And inas
much as relator is without adequate remedy
by the ordinary proceeding, he is entitled
to sue out this mandamus.
Wherefore petitioner prays for a writ of
mandamus may issue, ordering that said
James Graham, Auditor of Public Accounts
ot the State of Louisiana, do audit relator's
said account, amounting to six hundred
and twenty-five dollars, and warrant there
for, iu favor of relator, on Abe treasury of
the State of Louisiana, and do right in the
premises, or show cause to the contrary on
a day to oe fixed by the court.
Petitioner prays lor all aud general re
lief in the premises, and for costs of suit.
Judge Emerson issued the following
order:
Let James Graham, Esq., Auditor of Pub
lic Accounts of Louisiana, comply with the
demand contained iu the foregoing petition,
or show cause to the contrary on Monday,
the tweuty-eigliih day of August. 1871. at
ten o'clock A. M. of that day.
Hixth District Court-Suit Apniust ||, P
New Orleans, Jarii-on and Great
Norlhero Railroad for $2600 Dam
ages.
This is a suit brought by J. M. Hugonin. 1
owner of the schooner Confidence, which |
has been plying in the freighting business
to and from Blind river and the city of New
Orleans, against the New Orleans,' Jackson
and Great Northern Railroad Company.
The petition alleges that on the night of
the Tenth ot June last, the said schooner in
attempting to pass through Pass Manchac
into Lake Pontehartrain. through the bridge
of the New Orleans, Jackson and Great
Northern Railroad Cotnpauy, collided with
and became fastened in the caps, sills and
piles, which the company had, through neg
ligence, permitted to tleeav and be broken
down near to the level of the water; that
said collision tore a hole in the vessel's hot
tom, aud otherwise damaged the vessel,
notwithstanding the exertions of the master
and crew.
He further states that finding it impossi
ble to get the vessel off he repaired to the
city and procured two vessels and a num
ber of men with which he returned. On
arriving there he states that he discovered
that immediately after his departure from
the pass, the , railroad operatives, under
instructions, aud in pursuance of orders
from the said New Orleans, Jackson and
Great Northern Railroad Company, through
its officers, entered on board'of said schoon
er, cut down the masts, threw them, to
gether with her sails, spars and rggin
into the pass aud allowed them to drift
away and to be lost, aud that then hauling
the said vessel in a partially sunken condi
tion from off said obstructions, abandoned
her. after mooring her to the eastern side of
«aid bridge.
The petitioner alleges that the grounding
ot said schooner on said obstructions was
solely due to the improper construction of
the bridge, in not being passable lreeiy at ail
tides and winds, and that the damages are
also traceable to the negligence of said com
pauy, its officers aud agents, in allowing
said piling, stringers and sills to so decay,
etc., as to form an obstruction to naviga
tion.
For this, and for che subsequent action of
tbe company in wrecking aud injuring the
■vessel, tlie petitioner prays for $2606 dam
ages, and that the New Orleans, Jackson
and Great Northern Railroad Company he
cited to appear aud answer.
F«nrth District Court.
'ihe only thing that has occurred in this
court recently is the following somewhat
grotesquely humorous reply of a doctor,
■who received a summons to pay a license
am the practice oi bis profession The court i
is a roar over the matter, so we give it, that
the public may enjoy the joke:
To the Honorable Judge of the Fourth District
Court of New Orleans:
Dr. P. Hartmann, residing at No. 219
Tchoupitoulas street, having received sum
mons to comply with the demand of Simeon
Belden, Attorney General of the State of
Louisiana, for the sum of $22 50, which he
claims is due to said State, by defendant,
for a license on profession of medical prac
titioner for the year 1871, or to answer the
petition of Mr. Belden, resect fully repre
sents hereby his reasons for not eomplyin:
with Mr. Belden's demand:
1. Dr. P. Hartmann having arrived in
New Orleans on the fifteenth of July, 1871,
has taken up his residence at No. 219
Tchoupitoulas street, where he is at present
occupying an unfurnished room on the
second floor. Having on his arrival been
robbed of all his property, partly by the
revenue officers of the State of Louisiana
and city of Shreveport, in the city of Shreve
port, Louisiana, partly Uy*n'opeu thief
named Charles Givens, against whom affi
davit is made in the First District Court of
NeWlOrleans, Louisiana, has not yet been
able to furnish his future office, and, there
fore. has not commenced to practice his
profession.
2. Defendant not having yet practiced
his profession iu this city, nor having any
prospect of getting any practice at present,
does not consider himself indebted to the
State of Louisiana.' He lias never received
any license for the year 1871 from the State
of Louisiana, nor has lie made application
for any. nor does lie intend to buy any be
fore his means will allow it.
3. De'endant having paid ninety-live dol
lars license for the year 1870, and among
these thirty-live dollars to the State of Loui
siana, consequently fifteen, too much, con
siders himself not only as not indebted to
the State, but really as one of its creditors,
to the amount over-paid.
4. I will put my entire present property,
by my own free will, at the disposal of
Siuieon Belden. if he can find where it is.
If he wishes to shut up my place of busi
ness he is welcome to do so, as there is no
inducement for me to keep it open. Yours
respectfully, 1)1,. HARTMANN.
In the suit of Louis Bernos et als. vs.
Allred Kearney et al., for a liquidation of
the firm of Kearney, Blois A, Co. and
Kearney & Bernos, the parties having
failed to agree, the court appointed C. S.
St. Amand. liquidator.
:
!
!
A Cotton Revolution.
[From tlie New York Commercial.]
In the year 1860, eighty-five per cent of
all tlie cotton used iu England was of
American growth—but the rebellion put an
end to the virtual monopoly long enjoyed
by our Southern States, aud.'as events have
proved, began a complete revolution. The
English manufacturers, deprived by the
war of their usual supplies, cast about for
new fields, and under the stimulus of abso
lute necessity, they have caused the lands
of the East to become abuudautly fruitful.
The increasing yield of the new cotton fields,
aud their brilliant promise for the future,
are strikingly set forth in a work just pub
lished in Manchester, under the title of
'•The Cotton Supply A- sociati-m: Its Origin
audProgress. cue author, Mr. Isaac Wat s,
is the secretary of the association, and he
has drawn the facts of bis interesting nar
rative troin the offi i il records.
The Cotton Supply Association was or
ganized in 1857, for h: specific purpose of
opening up and developing other sources of
cotton supply than the Southern States of
America; hut up to the time of our civil
war its operations were limited in extent
aud comparatively barren in result. The ;
pressure of the cotton taniine in 1861 lent
new vigor to its utldertrkiugs, and India
became the theatre of elaborate experi
ments, during a period of ten years, are
now given for the first time in a connected
official form.
In 1860, the sum paid to India for cotton
was about $17,500,000; but in 1864, it bad in
creased to $190,000,000; and the average an
nual amount remitted from England for
cotton duiing the nast eight years is stated
at $115,000,000—showing an aggegate in
crease in the value of the Indian cotton
trade, during this period, of about $750,000,
000. This astonishing growth has been fol
lowed by a corresponding development of
the cotton producing districts of Turkey,
Egypt, and Australia. Since 1862, the pre
eminence of Egypt has been a notable fact
in the history of cotton culture. Mr. Watts
writes that in that year "cotton began to be
so much iu favor that cereals were almost
neglected, aud the enormous profits derived
fl;om its cultivation duiing the Ame
rican war led to the abandonment of
the ordinary succession of crops—a result
which the late Viceroy, Said Pacha, beheld
with apprehension and alarm." The present
Khedive, however, has encouraged the new
industry, and during his visit to Loudon, iu
1867, gave much attention to the selection
of cotton seed and to the measures best cal
culated to render the crops excellent and
abundant. Cotton culture is now firmly
established in Egypt, and both the govern
ment and the people are alive to its im
portance. It is believed that the fertile re
gions which are watered by the Nile will, in
time, be converted into a vast cotton field,
and that India, prolific as it now is, will be
come a secondary source of supply.
These facts indicate the character of the
change which is gradnally coming to our
Southern States—a change which will de
prive the cotton fields of their fancied ad
vantages, anti lead the plauters to cultivate
cereals for home consumption. The altered
conditions of labor, the partitions of old es
tates, the loss of fortune, the necessity of
giving larger areas of land to the cultiva
tion of corn and grain, are some id' the
causes which must produce marked changes
In 'the South; and with the complete explosion
of the fallacy that cotton is kingjgyilJ come
a better system of agricultural development,
a sounder financial liasw, and the encourage
ment of the wot king classes, who are the
real rulers in a republic. Certain districts
in the South, fitted for little else than the
culture of cotton, will continue to furnish
supplies for the home and foreign demand,
but the extraordinary developments of ten
years in other fields show that in the gran
ary, rather than in the cotton bale, the ele
ments of future prosperity will exist.
Colfax to n ■Sunday School.
Cm< ai.o, July 17.—On Sunday evening
last, at Winona. Minnesota, Vice President
Colfax, w ho was the guest of Senator Win
doui, briefly addressed a Sunday school con
nected with the Congregational Church
He said it was not his intention, on coming
into Minnesota, to indulge in public speak
ing. under any circumstances, but, when
invited to say a few words in a Sunday
school, he could nor refuse, for among lhe
happiest recollections 'of his life were those
of the time ho had spent in the infant class,
to which he had been taken by his mother
when only three years old. tor some twelve
years it was his privilege, and he considered
it a great privilege, to be a teacher in the
Sunday school, and one of the sweetest re
wards of his life was the assurance of a
young man about to enter the ministry that
J 4 through his instrumentality that he
had been led to that calling. The speaker
considered that the injunction of the Saviour
to Simon Peter. "Feed mv lambs." hail
Peter, "Feed my lambs," had come
to Simon Peter. "Feed mv lambs." hail
Peter, "Feed my lambs," had come
down to us, and it devolved upon Sunday
school teachers to realize tbe responsibility
that rested upon them in dealing with the
immortal souls committed toXheir care.
He dwelt with much emphasis upou the
beneficial influence exerted by the Sunday
school iu tlie home circle and upon society
at large. It makes children more tender,
more respectful, more obedient. Go to pri
sons, be said, as lie had frequently gone,
and ask the poor wretches behind the bars
if they had been brought up in Sunday
schools. Only an occasional criminal will
give you an affirmative answer. Their
school was ujsm the street and in places
where they were cut off lrorn all moral and
religious instruction.
Drawing bis remarks to ixclose, lie said it
was hardly possible that he would ever see
all their faces again, even it lie were to re
turn to Winona at some future day, but be
fore leaving he wished to give one or two
seutimenis to the young people before him—
sentiments (hat if lived up to would brighten
the retrospect as they recalled their youth
ful days The first wa~, 1st masters and mis
tresses of vour tempers, of yourselves. Hasty
words caused more unhappiness than floweil
from any oilier source. The other advice
was, never allow yourselves to do an act in
private that you would blush to have ex
posed to the gaze of the world. Fortify
yourselves against temptation from without
and sinfulness from within, and you will
have laid the foundation for a peaceful and
happy life.
TREATIES AND PROCLAMATIONS.
A PROCLAMATION by the President of
the United of America. Treaty between
the United States and Great Britain—
Claims, fisheries, navigation of the St.
Lawrence, etc., American lumber on tlie
river St. John, boundary—Concluded
May 8, 1871; ratifications exchanged Juue
17, 1871; proclaimed July 4, 1871.
Whereas, a treaty between the United
States of America aud Her Majesty the
S licen of the United Kingdom of Great
ritaic and Ireland, concerning the settle
ment of all causes of difference hetweeu the
two countries, was concluded and signed at
Washington by the high commissioners and
plenipotentiaries of the respective govern
ments on the eight day of May lust; which
treaty is, word for word, as follows:
The United States of America and Her
Britannic Majesty, being desirous to pro
vide for an amicable settlement of all
causes ot difference between the two coun
tries, have for that purpose appointed their
respective plenipotentiaries, that is to
say: the President of the United
States has appointed, on the part
of tlie United States, as commission
ers in a joint high commission
und plenipotentiaries, Hamilton Fish,
Secretary of State ; Robert Cum
ming Sehenck. envoy extraordinary
and minister plenipotentiary to Great Brit
ain; Samuel Nelson. an Associate Justice of
the Supreme Court of the United States;
Ebeneger Hoekwood Hoar, of Massachusetts:
and George Henry Williams, of Oregon;
and Her Britupic Majesty, on her part, has
appointed as her high commissioners and
plenipotentiaries, the Right Honorable
George Frederick Samuel, Earl de Grey and
Earl of Ripon, Viscount Goderich, Baron
Grantham, a Baronet, a peer of the United
Kingdom. Lord President ot Her Majesty's
Most Honorable Privy Council, Knight of
the Most Noble Order of the Garter, etc.,
etc.; the Right Honorable Sit Stafford Henry
Northeote, Baronet, one of Her Majesty's
Most Honorable Privy Council, a member of
Parliament, a Companion of the Most Hon
orable Order of the Bath, etc., etc ; Sir Ed
ward Thornton, Knight Commander of t'te
Most Honorable Order of the Bath, Her
Majesty's envoy extraordinary and minis
ter plenipotentiary to the United States of
America; Sir John Alexander Macdonald,
Knight Commander of the Most Honorable
Order of the Bath, a member of Hot Majes
ty's Privv Council for Canada, and Minister
of Justice and Attorney General of Her
Majesty's Dominion of Canada; aud Moun
tague Bernard, Esquire, Chichele Professor
of international law in the University of
Oxford.
And the said plenipotentiaries, after hav
ing exchanged their full powers, which were
found to l>e in due aud proper form, have
agreed to aud concluded tire following ar
ticles:
ARTICLE I.
;
Whereas. Differences have arisen be
tween the government of the United States
and the government of Her Britanhic Ma
jesty, and still exist, growing out of the acts
committed by the several vessels which have
given rise to'the claims genetically known
as the "Alabama claims;"
And whereas. Her Britannic Majesty La«
authorized ber high commissioners aud
plenipotentiaries, to express, in a friendly
spirit, the regret felt by Her Majesty's gov
ernment for the escape, under whatever cir
cum stances, of the Alabama and other ves
sels from British ports, and for the depreda
tions committed by those vessels:
Now, in order to remove and adjust all
complaints and claims on the part of the
United States, and to provide for the speed v
settlement of such claims, which are not ad
mitted by Her Britannic Majesty's govern
ment, the high contracting parties agree
that all the said claims, growing out of acts
committed by tbe aforesaid vessels and
generically known as the "Alabama
claims," shall be referred to a tribunal of
arbitration to be composed of five arbitra
tors, to be appointed in the following man
ner, that is to say: One shall be named by
the President of the United States; one
shall be named by Her Britannic Majesty;
His Majesty the King of Italy shall be re
quested to name one; the President of tbe
Swiss Confederation shall be requested to
name one; and His Majesty the Emperor ol
Brazil shall be Requested to name one*
Iu ease of tbe death, absence, or incapa
city to serve of any or either of the said ar
bitrators, or, in the event of either of the
said arbitrators omitting or declining or
ceasing to act as such, tbe President of" tbe
United States, or Her Britannic Majesty, or
His Majesty the King of Italy, or the Presi- j
dent of the Swiss Confederation, or Ills i
Majesty the Emperor of Brazil, as the case I
may be, may forthwith name another per- !
son to act as arbitrator iu the place and
stead of the arbitrator originally named by
such head ol a State.
And in the even' of the refusal or omis
sion for two months after receipt of the re
quest from either of the high contracting
parties of His Majesty the King of Italy, or
the President of the'Swiss Confederation,
or His Majesty the Emperor of Brazil, to
name an arliitrator either to fill the original
appointment or in the place of one who may
have died, be absent, or incapacitated, or
who may omit, decline, or from any cause
cease to act as such arbitrator, Ilis Majesty
the King of Sweden and Norway shall be
requested to name one or more persuna, as
the ease may be, to act as such arbitrator
or arbitrators.
ARTICLE II.
The arbitrators shall meet at Geneva,
Switzerland, at the eailiest convenient day
after they shall have boon named, aud shall
proceed impartially and carefully to exam
ine and decide all questions that shall
he laid before them on the part of the gov
ernments of the United States and Her
Britannic Majesty, respectively. All ques
tions considered by ihe tribunal, including
tlie final award, shall be decided, bv a ma
jority of all tbe arbitrators.
Each of the high contracting parties shall
also name one person to attend (lie tribunal
as its agent to represent it generally in all
matters connected with the arbitration.
j
article ur.
The written or printed case of each of tlie
two pal ties, accompanied by the documents,
the official correspondence, and other evi
dence on which each relies, shall be de
livered in duplicate to each of the arbitra
tors and to tbe agent of the other party as
soon as may be after the organization of the
tribunal, but within a period not exceeding
six mouths irom the date of the exchange
of the ratifications of this treaty.
ARTICLE IV.
Within four months alter the delivery on
both sides of the written or printed case,
either party may, iu like manner, deliver
in duplicate to each of said arbitrators,
and to the agent of the other .party, a coun
ter case aud additional documents, cor
respondence and evidence in reply to tbe
case, documents, correspondence and evi
dence so presented by the other party.
The arbitrators may, however, extend the
time for delivering such counter ease, doc
uments, correspondence and evidence
when, in their judgment, it becomes neces
sary, iu consequence of tlie distance of the
place from which the evidence to be pre
sented is to be procured.
* If in the case submitted to the.arbitrators
either party shall have specified or alluded
to any report or document in its own ex
clusive possession without annexing a eopy,
such party shall be bound, if tbe other
party thinks proper to apply for it, to fur
nish that party with a copy thereof; and
either party may call upon the other,
through the arbitrators, to produce the
originals or certified copies of any papers
adduced as evidence, giving in each in
stance such reasonable notice as the arid
tratora may require.
ARTICLE V.
It shall lie the duty of the agent of each
party, within two months after the expira
tion ot the time limited for the delivery of
the counter ease on both sides, to deliver in
duplicate to each of the said arbitrators and
to the agent of the other party a written or
showing the points aud
f ' r ™» f<> tb ®. evidence upon wbieh his
8 " d 1,10 arbitrators
rZl'Ji \P mT< - '"rther elucidation with
regard to any point, require a written or
printed statement or argument, or oral
argument by counsel upon it; but in such
case the other party shall be entitled to re
may be her ° r!lly<>r writin K. as the case
ARTICLE VI.
Ia deciding the matters submitted to the
arbitrators, they shall be governed by the
following three rules, which are agreed
upon by the high contracting parties as
rules to be taken as applicable to the ease,
and by suet) principles of international law
not inconsistent therewith as the arbitrators
shall determine to have been applicable to
the case.
A neutral government is hound—
First, to use due diligence to prevent the
fiHiog arming, or equipping, within its
jurisdiction, of any vessel which it has rea
sonable ground to believe is intended to
cruise or carry on war against a power with
which it is at peace; and also to use like
diligence to prevent the departure from its
jurisdiction ol' any vessel intended to cruise
or carry on war as above, such vessel hav
ing been specially adapted, in whole or in
part, within such jurisdiction, to warlike
use.
Secondly, not to permit or suffer either
belligerent to make use of its ports or
waters as the base of naval operations
against the other, or for the purpose of the
renewal or augmentation of military sup
Phvs.or arms, or the recruitment of men.
Thirdly, to exercise due diligence in its
own ports and waters, and, as to all per
son^ withiu its jurisdiction, to prevent any
violation of the foregoing obligations anil
luties.
Her Britannic Majesty lias commanded
her Ingh commission.u s and plenipotentia
ries to declare that Her Majesty's govern
ment can not assent to the foregoing rules
as a statement, ol principles of international
law wh;. h were iu force at the time when the
claims mentioned in Article I arose, hut
that Her Majesty's government, in order
to evince its desire ot strengthening the
lnendly relations between the two coun
tries and of making satisfactory provision
for the lutiire, agrees that iu deciding the
questions between tbe two countries arising
out ol those claims, the arbitrators should
assume that Her Majesty's government had
undertaken to act upon the principles set
lortlt in these rules.
And the high contracting parties agree to
observe these rules as between themselves
in future, and to bring them to the knowl
edge of other maritime powers, and to in
vite them to accede to them.
j
j
j
remuneration
l > *".ved by it
ARTICLE VII.
Tlie decision of the tribunal shall, if pos
sible, be made within three months from
the close of the argument on both sides.
If shall be made in writing and dated,
aud shall be signed by the arbitrators who
may assent to it.
lhe said tribunal shall first determine as
to each vessel separately whether Great
Britain has, by any act or omission, failed
to fulfill any of the duties set forth in the
foregoing three rides, or recognized by the
principles of international law not inconsist
ent with such rules, aud shall certify such
tact as to each of tbe said vessels. In case
the tribunal^ find that Great Britain has
failed to fulfill any duty or duties as afore
said, it may, if it think proper, proceed to
award a sum in gross to he paid by Great
Britain to the United States for all claims
referred to it: and in such case the gross
sum so awarded shall be paid in coin by the
government of Groat Britain to tbe govern
ment oi the United States at Washington,
within twelve months after the date oi the
award.
The award shell be in duplicate, one copy
whereof shall bo delivered to tue agent of
the United States for his government, and
the other copy shall bo delivered to the
agent ol Great Britain ior his govern
ment.
ARTICLE VIII.
Each government shall pay its own
agent, and provide for tiie proper
of the counsel em
and of the arbitrator
Appointed by it, and for the expense of pre
paring and submitting its case to tlie tribn
ual. All other expenses connected with
the abitration shad be defrayed by the two
governments in equal moieties.
ARTICLE IX.
The arbi - tutors shall keep an accurate
record of their proceedings, and may ap
point and employ the necessary officers to
assist them.
ARTICLE X.
In ca'-n the tribunal finds that Great
Britain has failed to fulfil any duty or
duties as aforesaid, aud does not award a
sum in.gross, the high contracting parties
agree that a board of assessors shall be ap
pointed to ascertain and determine what
claims are valid, and what amount or
amounts shall lie paid by Great Britain to
the United States on account of the liability
arising from such failure, as to each vessel,
according to the extent of such liability as
decided by the arbitrators,
The board of assessors shall be consti
tuted as follows: One member thereof shall
he named by the President of the United
States, one member thereof shall be
named by Her Brit tannic Majesty: and one
meipber thereof shall be named by the
representative at Washington of His Majesty
the King of Italy; and iu case of a vacancy
hapnening from any cause, it shall be tilled
in the same manner in which the original
in the same manner in which the original
appointment was made.
As soon ns possible after such nomina
tions the board ot assessors shall be organ
ized iu Washington, with power to hold
their sittings there, or in Now York, or iu
Boston. The members thereof shaii sever
ally subscribe a solemn declaration that
they will impartially aud carefully examine
and decide, to the best of their judgment
and according to justice aud equity, all mat
ters submitted to them, and shall forth
with proceed, under such rules and regula
tions as they may prescribe, to the invest!
gation of the claims which shall be pi eseuted
to them by the gm erniuent of the United
States, and 6hall examine and decide
upon them in such older and manner as
they may think proper, but upon such evi
dence or information only as shall be fur
nished by or on behalf of the governments
of the United States aud of Great Britain,
respectively. They shall be bound to hear
on each separate claim, if required, one per
son on behalf of each government, as coun
sel or agent. A majority ot the assessors in
each case shall be sufficient for a decision.
The decision of each assessor shall bo
given upon each claim in writing, and shall
be signed by them respectively and dated.
Each claim shall he presented to the as
sessors within six months from the day of
their first meeting, but they may, for good
cause shown, extend the time lor the pre
sentation of any claim to a lurtber period,
not exceeding three months.
The assessors shall report to each govern
ment at or before the expiration of oue year
from the date ol their first meeting the
amount of claims decided by them up to the
date of such report: il further claims then
remain undecided, they shall make a further
report at or before rhe expiration of two
years from the date of such first meeting;
and in case any claims remain undetermined
at that time, they shall make a tiual report
within a further period of six mouths.
The report or reports shall be made in
duplicate, and one copy thereof shall be ue
livered to the Secretary of Mate of the
United States, aud one copy thereof to the
representative of Her Britannic Miyesty at
Washington.
All sums of money which may be awarded
unucr this article shall be payable at Wash
ington, in coin, within twelve mouths after
the delivery of each report.
The board of assessors may employ such
clerks as they shall thiDk necessary.
The expenses of the board of assessors
shall be borne equally by tbe two govern
ments, and paid from time to time, as may
be found expedient, on the prod action of
accounts certified by the hoard. The remu
neration of the assessors shall also be paid
by the two governments in equal moieties
in a similar manner.
'
t.
ARTICLE XI.
Tlie high contracting parties engage to
consider the result of the proceedings of
the tribunal of arbitration and vi the board
of assessors, should such board be ap
pointed, as a full, perfect and final settle
ment of all tlie claims hereinbefore referred
to; and further engage that every such
claim, whether the same may or may not
have been presented to the notice of, made,
preferred, or laid before the tribunal or
board, shall, from and after the conclu
sion of the proceedings of the tribunal
or board, be considered and treated as
finally settled, barred, and thenceforth in
admissible.
article xii.
The liisrh contracting parties agree that
all claims on the part of corporations, com
panies, or private individuals, citizens of
the United States, upon the government of
Her Britannic Majesty, arising out of acts
committed against the persons or property
ot the citizens of the United States during
tbe period between the thirteenth of April,
eighteen hundred and sixty-one, and the
ninth of April, eighteen hundred and sixty
five, inclusive, net being claims growing out
of tbe acts of the vessels referred to in arti
cle one of this treaty, and all claims, with the
like exception, on the part of corporations,
companies, or private individuals, sub
jects of Her Britannic Majesty, upon the
government of tlie United States, arising
out ot acts committed against the persons
or property of subjects of Her Britannic
Majesty during the same period, which
may have been presented to either govern
ment for its interposition with the other, and
which may yet remain unsettled, as well as
any other such claim which may be present
ed within the time specified in article xiv
ot this treaty, shall be referred to three
commissioners, to be appointed in tbe fol
lowing manner, that is to say: One com
missioner shall he named by the President
ot the United States, one by Her Britannic
Majesty, and a third by tbe President of the
United States and Her Brittanic Majesty
conjointly; and in case the third commis
sioner shall not have been so earned within
a period of three months from the date of
the exchange of the ratifications of this
treaty, then the third commissioner shall be
named by the representative at Washington
ot His Majesty the King of Spain. Iu ease
of the death, absence, or incapacity of any
commissioner, or in the event of any com
missioner omitting or ceasing to act, the
vacancy shall be filled iu the manner here
inbefore provided for making the original
appointment; the period of three montlis in
case of such substitution being calculated
'
from the date of tlie happening of the
vacancy. °
The commissioners so named shall meet at
Y\ asbington at tbe earliest convenient period
alter they have keen respectively named;
and shall, before proceeding to any busi
ness, make and subscribe a solemn declara
tion that they will impartially anti care
fully examine and decide, to the best ol
their judgment, and according to justice ami
equity, all such claims as shall be laid be
fore them on the part of the governments
ot the United States and of Her Britanic
Majesty, respectively; and such declaration
shall be entered on the record of their pro
ceedings.
ARTICLE XIII.
The commissioner shall then forthwith
proceed to the investigation of the claims
which shall be presented to them. They
shaii investigate aud decide such claims iu
such order aud such manner us they may
tluuk proper, but upon such evidence or in
formation only as shall be furnished by or
on behalf ol the respective governments.
1 hey shall be bound to receive and consider
all written documents or statements which
may be presented to them by or on behall
of the respective governments in support
of, or in answer to, any claim, and to hear,
if required, one person on each side, on
behalt ol each government, on each and
every separate claim. A majority of the
commissioners shall be sufficient for
an award iu each case. The award
shall be given upon each claim in
writing, aud shall be signed by the com
missioners assenting to it. It shall be
competent for each gavei-Huienttonameone
person to attend the commissioners as its
agent, to present and support claims on its
behalf, aud to answer claims made upou it,
and to represent it generally in all matters
connected with the investigation and de
cision thereof.
The high contracting parties hereby en
gage to consider the .decision of the com
missioners as absolutely final and conclusive
upon each claim decided upon by them, and
to give full effect to such decisions without
any objection, evasion or delay whatso
ever.
ARTICLE XIV.
Every claim shall be presented to the
commissioners withiu six months from the
day of their first meeting, unless ia any
case where reasons for delay shall be estab
lished to the satisfaction of the commission
crs. and then, and in any such case, the pe
riod lor presenting the claim may he extend
ed by them to any time not exceeding three
months longer.
The commissioners shall be bound to ex
amine and decide upon every claim within
two years from the day of thrir first meet
ing. It shall ue competent for the commis
sioners to decide in each case whether any
claim has or has not been duly made, pre
ferred, and laid before tbem, either wholly
or to any and what extent, according to the
true iutent and meaning of this treaty.
article xv.
All sums of money which may he awarded
by the commissioners on account of any
i laim shall tie paid by the oue government
to the othei.as the case may be, within
twelve mom fas afrer the date of tbe final
award, without interest, and without any
deduction save as specified iu article xvi of
this treaty.
article xvi.
The commissioners shall keep an
accurate record, and correct minutes
or notes of all , their proceedings,
with the dates thereof, and mav
appoint and employ a secretary, and any
other necessary officer or officers, to assist
them in the transaction of the business
which may come before them.
Each government shall pay its own com
missioner and agent or counsel. All other
expenses shall be defrayed by the two gov
ernments iu equal moieties.
The whole expenses of the commission,
including contingent expenses, shall be de
frayed by a ratable deduction on tbe amount
ol tbe sums awarded by the commissioners,
provided always that such deduction shall
not exceed the rate of five per cent on the
sums so awarded.
article xvii.
The high contracting parties engage to
consider the result'd the proceedings of
this commission as a full, perfect and final
settlement of all such claims as are men
tioned in article XII ot' this treaty upon
either government; and fur her engage that
every such claim, whether or not the same
may have been presented to the notice of,
made, preferred or laid before the said com
mission, shall, from and after tlie conclu
sion ot the proceedings of the said commis
sion, be considered and treated as finally
settled, barred, and thenceforth inadmiss
ible.
ARTICLE XVIII.
It is agreed by the high contracting par
ties.that, in addition to tbe liberty secured
to the United States fishermen bv the con
ventmn between the United States and
ureat Britain, signed at London on tbe
twentieth day of October, 1818, of taking,
curing, and drying fish on certain.coasts of
the British North Arne rican colonies therein
' i "a, ' 1 he luhabitanisof the United States
shall have, in common with the subjects of
Her Britannic Majesty, the liberty, for tlie
leim.ol years mentioned in article xxxiii
ol this treaty, to take fish of every kind, ex
cept shell fish, on the sea>-coasts and shores,
aou in the bay's, harbors, aud creeks, of the
provinces ot Quebec, Nova Scotia, and New
Biunswick, and tlie colony yf Prince Ed
ward s Island, and ot the several islands
thereunto adjacent , without being restricted
to any distance trum tbe shore, with per
mission to land upon the said coasts and
shores and islands, aud also upon the Mag
dalen Islands, for the purpose of drying
their nets anil curing their fish; provided
that, in so doing, they do not interfere with
t. L- 1 , i/ S i private property, or with
British fishermen, iu the peaceable use of
any part ol the said coasts in their occu
pancy for the same purpose.
It is understood that ihe above-mentioned
liberty applies solely - to the sea fishery, and
that the sa lmon ami 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,
take fish nt every kind, except shell fish,
on the eastern seacoasts and snores of the
United Slates, north of the thirty-ninth
parallel ot north latitude, and the shores
ot the several islands thereunto adjacent,
and in the bays, harbors, and creeks
ol Ihe said seacoasts and shores of
I he l mted States and of the said
islanos, without being restricted to
any distance from the shore, with permis
sion to land upon the said coasts of the
United States and ol'the islands aforesaid, for
the purpose of drying their nets and curing
their fish; provided, ihat in so doing they
do not interfere with the rights of private
property, or with the fishermen of the United
Stales in the peaceable use of aD,y part
of the said coasts in their occupancy for the
same purpose.
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 the United
States aud Great Britain, concluded at Wash
ington on the fifth 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 tbe common right of
fishing under the preceding articles. In ease
any question should arise between the gov
ernments of the United States and Her
Britannic Majesty 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 wan
ner. and have the same powers, duties and
authority as the commission appointed un
der the said first article of the treaty of the
fifth 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
United States, or of the Dominion of Can
ada. or of Prince Edward's Inland, shall be
free of duty
ARTICLE XXII.
Inasmuch as it is asserted by the govern
ment 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 eommisionors shall
be appointed to determine, having regard
to the privileges accorded by the United
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, o'lgiit 10 lie paid by
the government of the United states toAh
government ot Her Britannic Majesty in
return for the privileges accorded to the
citizens of the United .States under article
xviii of this treaty; aud that any sum of
money which the said commissioner* may
so award shall he 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 tfle pre
ceding article shall be appointed in the fol
lowing manner, that is to say: One commis
sioner shall be named by the President of
the United States, one by Her Britannic
Majesty, and a third by tlie* President of the
United States and Her Britannic Majesty
conjointly; and in case tlie third commis
sioner shall not have been so named within
a period of three months from The date
when this article shall tike effect, then the
third commissioner shall be named by the
representative at London of His Majesty
the Emperor of Austria and King at Hun
gary In case of the death, absence, or in
capacity of any commissioner, or in the
event of any commissioner omitting or
ceasing to act. the vacancy shall be tilled in
the manner hereinbefore provided for mak
ing the original appointment, the period of
three months iu case of such substitution
being calculated from the date of the happen
ing ol the vacancy.
The commissioner* so named shall meet in
rli&iity of Halifax, in tbe province of Nova
Scotia, at the earliest convenient period
after tbev have been respectively named,
and shaii, before proceeding to any busi
ness, make and subscribe a solemn declara
tion that they will impartially aud care
fully examine and decide the matters re
ferred to them to the best of their judg
ment, and according to j#ffiee and equity:
and such declaration shall be entered on the
record of their proceedings.
Each of tlie high contracting parties shall
also name une person' to attend the commis
sion as its agent, to represent it generally
in a'l matters connected with the commis
sion.
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 gov ernment may present. If either
party shall offer oral testimony, the other
party shall have the right of cross-examina
tion. under such rules as the commissioners
shall prescribe.
If iu the case submitted to the commis
sioners either party shall have specified or
alluded to any report or document in its
own exclusive possession, without annex
ing a copy, such party shall be bound, if
rhe 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, giv ing in each in
stance such reasonable notice as the com
missioners 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 there
after. The aforesaid period of six months
may be extended for three months in case
of a vacancy occurring among the com
missioners under the circumstances con
templated in article xxiii of this treaty.
ARTICLE XXV.
The comraisiouers shall keep an accurate
record and correct minute* or notes of all
their proceedings, with the dates thereof,
and may appoint and employ a secretary
. . » . . 1 , I , /IA . ' .1 ,1,* , t ill A*. A lit ... A.
. . » . . 1 , I , /IA . ' .1 ,1,* , t ill A*. A lit ... A.
and any other necessary officer or officers to
assist them in the transaction of the busi
ness which may come before them.
Each of lhe high contracting parties shall
pay its owu commissioner aud agent or
counsel; all other expenses shall bo de
frayed by the two governments iu equal
moieties.
ARTICLE XXVI.
Tlie navigation of the river St. Lawrence,
ascending and descending, from the forty
tilth parallel ol north latitude, where it
ceases to form the boundary between
the two countries, from, to, and into tbe
sea, shall forever remain free and open for
tlie purposes of commerce to the citizens of
the United States, subject to any laws and
regulations of Great Britain, or of the Do
minion of Canada, not inconsistent wdfh
such privilege of free navigation.
The navigation of the rivers Yukon, Por
cupine and Stikine, ascending and descend
ing, from, to, and into the sea. shall forever
remain free ond 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.
Tne government of Her Britannic Ma
jesty engages to urge upon tbe government
of the Dominion of Canada to secure to the
citizens of the United States the use of the
Welland, St. Lawrence, aud other canals in
the Dominion on terms ol equality with the
inhabitants of tbe Dominion; and t^j gov
ernment. 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 inhabit
ants of the United States, and further en
gages to urge upon the Stare governments
to secure to the subjects of Her Britannic
Majesty the use of the several State canals
connected with the navigation of tbe 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 oi -the United
States.
ARTICLE XXVIII.
The navigation of Lake Michigan shall
also, tot the term of years, mentioned
in article xxxiii ol 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 tree
navigation.
article xxix.
It is agreed that, for the term of years
mentioned in artiole 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,
he specially designated by the President of
the United State*, and destined for Her
Britannic Majesty's possessions in North
America, may be entered at the proper
customhouse and conveyed in transit, with
out tlie payment of duties, through the ter
ritory of the United States, under such
rules, regulations and conditions for the
protection of the revenue as the govern
ment of the United States may from time to
time prescribe; and under like rules, regu
lations and conditions, goods, wares or mer
chandise may be conveyed in transit, with
out the payment of duties, from such pos
sessions through the territory of the United
States for export from the said ports of the
United States.
It is further agreed that, for tbe
like period, goods, wares or merchan
dise 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 customhouse
and conveyed in transit, without the pay
ment ol duties, through the said possessions,
under such rules and regulations, and con
ditions for the protection of the revenue as
the governments of the said possessions
may from time to time prescribe; and, un
der like rules, regulations, and conditions,
goods, Wares, or merchandise maybe con
veyed in transit, without paym<*nt'of duties,
from the United States through the said
possessions to other places in the United
Mates, or for export from ports in the said
possessions.
ARTICLE XXX.
It is agreed that, for the term of years
mentioned iu article xxxiii of this treaty,
subjects of Her Britannic Majesty may
carry in British vessels, w ithout payment of
duty, goods, wares, or merchandise from
one port or place within the territory of the
United States upon the St. Lawrence, the
Great Lakes, anil 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 transpor
tation is made through the Dominion of
Canada by land carriage and in bond, un
der such rules and regulations as may be
agreed upon between the government of
Her Britannic Majesty aud the government
of tlie. 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 t,he said possessions; provided, that
a portion of such transportation is made
through the territory of the United States
by land carriage and in bond, uniter such
rules and regulations as may be agreed
upon between the government of the United
States and the government of Her Britan
nic Majesty.
The government of the United States
further engages not to impose any export
duties on goods, wares, or merchandise car
ried under this article through the territory
of the United States; and Her Majesty's
government engages to urge the
Parliament of the Dominion of Can
ada aud the legislatures of the other
Colonies not to impose any export
duties on good, wares, or merchandise
carried under this article; and the
government of the United States mav.
in case such export duties are
imposed by tlie. Dominion of Cuuada, sus
pend, 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 government of the United States
may suspeud the right of carrying granted
in favor of the subjects of lier Britannic
Majesty under this article, in case the Do
minion of Canada should at any time de
prive the citizens of the United Stares of
the use of the cauals in the said Dominion
on terms of equality with thfe inhabitants
of the - Dominion, as, provided in article
xxvii.
ARTICLE XXXI.
Tlie government of Her Bri annic Ma
icsty fitrfbeeengages to urge upon the Par
liament of the Dominion of Canada and the
Legislature of New Brunswick, that no ex
port duty, on other ffAty. 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 tlie river St.
John aud 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
ease any such export or other duty con
tinues to he levied after the expiration of
oue year iron; 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 ciff rying herein
before granted under article xxx of this .
treaty for such period as sueh 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 il the Imperial Parlia
ment. the Legislature of Newfoundland, or
the Congress of the United States, shall
not embrace the colony of Newfounland in
their laws enacted for carrying the forego
ing 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 ot the legislative bodies aforesaid,
shall not in auy way impair auy other ar
ticles of this treaty.
ARTICLE XXXIII.
The foregoing articles xviii to xxv, in
clusive. and article xxx of this treaty, shall
take effect as soon as the laws required to
carry them info opicration shall have been
passed by the Imperial Parliament of Great.
Britain, by the Parliament of Canada, ana
by the Legislature of Prince Edward's
Island on the one hand, aud by the Con
gress of the United States on the other.
Sueh assent having beep given, the said ar
ticles shall remain ia force for the period ox
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,
tlie same; each of the high contracting par
ties being at liberty to give such notice to
the other at the end of the said period of
ten years or at any time atterward.
ARTICLE XXXIV.
Whereas, it was stipulated by article one
of tbe treaty concluded at Washington on
the fifteenth of June, 1846, between the
United States aud lier Britannic Majesty,
that the line of boundary between the ter
ritories of the United States and those of
Her Britannic Majesty, from the point on
tbe fiirtv ninth parallel of north latitude np
Id "bichit hail already been ascertained,
should bo continued westward along the
said parallel of north latitude "to the mid
dle ol the channel which separates the con
tinent from Vancouver's Island, and thence
southerly, through the miihile of said chan
nel and ol Fuca Straits, to the Pacific
Ocean: and whereas, the commissioners ap
pointed by the two high contracting parties
to determine that portion of the boundary
which runs southerly thrdbgh the middle ol
the channel aforesaid, were unable to agree
upon the same; and whereas, the govern
ment of Her Britannic Majesty claims thi^t
such boundary line should, under the ten s
of the treaty above recited, be run through
the Rosario Straits, and the government of
the United Stares claims that it should be
run through the Canal de Haro, it is agreed
that the respective claims of the govern
ment of the United States and of the gov
ernment of Her Britannic Majesty shall be
submitted to the arbitration aud award of
His Majesty tlie Emperor of Germany, who,
having regard to the above mentioned ar
ticle of tlie said treaty, shall decide there
upon, finally and without appeal, which
o. those claims is most in accordance with
the true interpretation of the treaty of
June 15, 1846.
ARTICLE XXXV.
riie award of Hi - Majesty the Emperor oi
Germany shall be considered as absolutely
final and conclusive, ,,ud full effect shaii
be given to such award without anv objec
tmn, evasion, oi delay whatsoever. Such
decision shall be given in writing and dated;
it shall he in whatsoever form His Majesty
may choose to adopt, it shall be delivered,
to t he representatives or other public agents
oi the L mted Start- - and of Great Britain,
respectively, who may be actually at Ber
fn, and shall be ousidered as operative
fioni the day ol t:i • date of the delivery
thereof.
ARTICLE XXXVI.
The written or printed case of each of the
two parties, accompanied by the evidence

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