United States, one by her Britannic Majesty and a third by the President of the United States and her Britannic Majesty 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 com missioner shall be named by the represent;* tive at London of his Majesty the Emperor of Austria and King of Hungary. In case of the death, absence, or incapacity of any com missioner, or in the event of any commissioner omitting or ceasing to act, the vacancy shal be tilled in the manner hereinbefore provided for making the original appointment, the period ot three months in case of such sub stituiion being calculated from the date of the happening of the vacancy.

The commissioners so named shall meet in the c ty of Halifax, in the province of Nova Scotia, at the earliest convenient period afier they have been respective y named, and shall, before proceeding to any business, make and subscribe a solemn declaration that they will impartially and carefully examine and decid■• the matters referred to them to the best of their judgment and according to justice and equity 5 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 iti 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. It' 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 par<y 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 Ih ces>ary officer or officers to assist them in ihe transaction of the business which may come before them.

Each of the high contracting parries r-hall pay it8 own commissioner and ag»-».t or counsel; a!i other expenses shall be de'rayed by the two Governments in equal moieties.

Article XXVI.

The navigation of the river St. Luvrenee, ascending and descending, from llV forty tilth parallel of noitli latitude, where i« ce.i->« s to form the boundary between the two countries, trom, to, and into the sea, shall forever remain free and open lor the purposes of commerce to the citizens of the United States, subject to any laws and regulations of Great Britain, or of the Dominion of Canada, not inconsistent with such privilege ol tree navigation.

The navigation of the rivers Yukon, Porcupine, and Stikine, ascending and descending, from, to, and into the sea, shall forever remain Iree and open for the purposes of commerce to the subjects of her Britannic Majesty and to the citizens of tlie United States, sulject to any laws and regulations of either country within its own territory, not inconsistent with such privilege of free navigation.

Article XXVII. The Government of her Britannic M jesty engages to urge upon the Government ot the Dominion of Canada to secure r,o tue citizens of the United States the use of the Weiiand, St. Lawrence, and other canals in the Dominion on terms of equality with the inhabitants of the Dominion; and the Government, 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 inhabitants of the United biates, and further engages to urge upon the State governments to St-cure to the subjects of her Britannic Majesty the use of the several State < anals connected with the navigation of the 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 of the United States.

Article XXVIII. The navigation of Lake Michigan shall also, for the term of years mentioned in Article XXXill of 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 free navigation.

Article XXIX. It is agreed that, for the term of years mentioned in Article 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 S ates which have been or may, from time to time, be specially designated by the President of the United States, and destined for her Britannic Majesty's possessions in North America, may be entered at the proper custom-house and conveyed in transit, without the payment of duties, through the territory of the United States, under such rules, regulations, and conditions for the protection of the revenue as the Goveminent of the United States may from time to time prescribe; and under like rules, regulations, and conditions, goods, wares, or merchandise may be conveyed in transit, without. the payment of duties, from such possessions through the territory of the United States for export from the said ports of the United States.

It is further agreed that, for the like period, goods, wares, or merchandise arriving at any of the ports of h*-r Britannic Majesty's possessions in North America, and destined for the United States, may be entered at the proper custom-house and conveyed in transit, without the payment of duties, through the said possessions, under such rules and regulations and conditions for the protection of the revenue as the Governments of the said possessions may from time to time prescribe; and, under like rules, regulations, and conditions, goods, wares, or merchandise may be conveyed in transit, wiihout payment of duties, from the United Sates through the said possessions to other places in the United States, or for export from ports in the said possessions,

Article XXX.

It is agreed that for the term of years mentioned in Article XXX1I1 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 St. Lawrence, the great lakes, and the rivers conneciing 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 maybe agreed upon between the Government of the United Stales and the Government of her Britannic Majesty.

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 ol 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 Uni ted 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 Government 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 Sta'e of Maine watered by the river St. John and its tributaries, and floated down that river to the sea, when the sau.e 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 Spates may suspend the right of <a'rying 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 sball have given notice to the other of its 1 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. Article XXXIV. Whereas it was stipulated by Article I of the treaty concluded at Washington on the 15th j of June, 1846, between the United States and her Britannic Majesty, that, the line of boundary between the territories of the United States and those of her Britannic Majesty, from the point on the forty ninth parallel of north latitude up to which it had already been ascertained, should be continued westward along the said parallel of north, latitude "to the middle of the channel which separates the comment from Vancouver's Island, and thence southerly, through the middle of the said channel and of 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 through the middle of the channel aforesaid were unable to agree upon the same; and whereas the Government of her Britannic Majesty claims that such boundary line should, under the terms of the treaty above recited, be run through the Rosario straits, and the Government of the United States claims that it should be run through the Canal de Haro, it is agreed that the respective claims of the Government ot the United States and of the Government of her Britannic Majesty shall be submitted to the arbitration and award of his Majesty the Emperor of Germany, who, having regard to the above-mentioned article of the said treaty, shall decide thereupon, finally and without appeal, which of those claims is most in accordance with the true interpretation of the treaty of June 15, 1846.

Article XXXV.

The award of his Majesty the Emperor of Germany shall be considered as absolutely final and conclusive; and lull effect shall be given to such award without any objection, evasion, or delay whatsoever. Such decision shall be given in writing and dated; it shall be in whatsoever form his Majesty may choose to adopt; it shall be delivered to the repre sentatives or other public agents of the United States and of Great Britain, respectively, who may be actually at Berlin, and shall be considered as operative from the day of the date of the delivery thereof.

Article XXXVI.

The written or printed case of each of the two parties, accompanied by the evidence offered in support of the same, shall be laid before his Majesty the Emperor of Germany within six months from the date of the exchange of the ratifications of this treaty, and a copy of such case and evidence shall be communicated by each party to the other, through their respective representatives at Berlin.

The high contracting parties may include in the evidence to be considered by the arbitrator such documents, official correspondence, and

other official or public statements bearing on the subject of the reference as they may consider necessary to the support of their respective cases.

After the written or printed case shall have been communicated by each party to the other, each party shall have the power of drawing up and laying before the arbitrator a second and definitive statement, if it think fit to do so, in reply to the case of the other party so communicated, which definitive statement shall be so laid before the arbitrator, and also be mutually communicated in the same manner as aforesaid, by each 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 the United States and of Great Britain 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 thereto, 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, appoin, 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 herein* after stipulated.

Article XLI.

The arbitrator shall be requested to deliver, together with Lis 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 XL IT. 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 XL1II. The present treaty shall be duly ratified by the President of the United States of America, by and with the advice and consent of the Sen ate thereof, and by her Britannic Majesty; and the ratifications shall be exchanged either at Washington or at London 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 8th day of May, in the year of our Lord 1871. [l. S.] Hamilton Fish.

[l. S.] Robert 0. Schenck.

_l. s.] Samuel Nelson.

L. s.] Ebenezer Rockwood Hoar,

L. s.J George H. Williams,

L. s.] De Grey & Ripon.

L. s.] Stafford H. Northcote.

^l. S.j Edward Thornton.

,l. s.J John A. Macdonald.

~L. S ] -M'OUNTAGUE BERNARD.

And whereas the said treaty has been duly ratified on both parts, and the respective ratifications of the same were exchanged in the city of London, on the 17th day of June, 1871, by Robert C. Schenck, envoy extraordinary and minister plenipotentiary of the United States, and Earl Granville, her Majesty's principal Secretary of State for Foreign Affairs, on the part of their respective Governments:

Now, therefore, be it known that 1, Ulysses S. Grant, President of the United States of America, have caused the said treaty to be made public, to the end that the same, and every clause and article thereof, may be observed and fulfilled with good faith by the United States and the citizens thereof.

In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed.

Done at the city of Washington this 4th day r T of July, in the year of our Lord 1871,

L '-" and of the Independence of the United States the ninety-sixth.

U. S. Grant.

By the President:

Hamilton Fish,

Secretary of State.

President's Special Message to the Senate.

The following, unofficial, purports to be a copy of the President's message to the Senate, dated May 14, 1872, transmitting a proposed

additional article submitted by the British

Government;

To the Senate of the United States:

1 transmit herewith the correspondence which has recently taken place respecting the differences of opinion which have arisen between this Government and Great Britain with regard to the power of the tribunal of arbitration created under the treaty signed at Washington May 8,1871.

I respectfully invut; the attention of the Senate to the proposed article submitted by the British Government with the object of removing differences which seem to threaten the prosecution of the-arbitration, and request an expression by the Senate of their disposition in regard to advising and consenting to the formal adoption of an article such as is proposed by the British Government.

The Senate is aware that consultation with that body in advance of ent ring into agreements with foreign States has many precedents. In the early days of the liepublie General Washington asked their advice upon pending questions with such Powers, The most important recent precedent is that of the Oregon boundary treaty of 1846. The importance of the results hanging upon the present state of the treaty with Great Britain leads me to follow these precedents, and to desire the counsel of the Senate in advance of agreeing to the proposals of Great Britain.

U. S. Grant.

Proposed New Article.

Whereas the Government of her Britannic Majesty has contended in the recent correspondence with the Government of the United States, as follows, namely, that such indirect claims as those for the national losses stated in the case presented on the part of the Government of the United States to the Tribunal of Arbitration at Geneva, to have been sustained by the loss in the transfer ot the American commercial marine to the British flag, the enhanced payment of insurance, the prolongation of the war, and the addition of a large sum to the cost of the war and the suppression of the rebellion, firstly, were not included in the treaty of Washington, and, further, and secondly, should not be admitted in principle as growing out of the acts committed by particular vessels alleged to have been enabled to commit depredations upon the shipping of a belligerent by reason of such want of due diligence in the performance of the neutral obligations as that which is imputed by the United States to Great Briraiu; and whereas the President of the United States, while adhering to his contention that the said claims were included in the Treaty, adopts for the future the principle contained in the second of the said contentions, as far as to declare that it will hereafter guide the conduct of the Government of the United States; and that the two countries are, therefore, agreed in this respect:

In consideration thereof, the President of the United States, by and with the advice and consent of the Senate thereof, consents that he wil] make no claim on the part of the United States in respeetof indirect losses, as aforesaid, before the Tribunal of Arbitration at Geneva.

[The Sena'e, sitting in executive session, is understood to have assented (yeas 43, nays 18) to the new article, modified by striking out ail after the word tk where*as" (in the twenty second line of the above) and inserting iu lieu thereof the following:

"Both Governments adopt for the future the principle that claims for remote or indirect losses should not be admitted as the result of failure to observe neutral obligations, so tar as to declare that it will hereafter guide the conduct of both Governments in their relations with each other.

"Now, therefore, in consideration thereof, the President of the United States, by and with the advice and consent of the Senate thereof, consents that he will make no claim on the part of the United States in respect of indirect losses as aforesaid before the Tribunal of Arbitration at Geneva."

It is understood, also, that such modification was not acceptable to the British Government; that upon the assembling of the Tribunal of Arbitration at Geneva, June 15, it adjourned from time to time so a> to enable some understanding to be reached between the High Contending Powers, the agent of Great Britain refusing to present his %;case': and demanding H protracted adjournment, while the agent of the United Siates in>isted on the presentation of such "case" and opposed such adjournment; that June 27 a solution was readied, and the British, "case" was' lodged with the Tribunal; that June 28 the Tribunal again met and put upon record their decision, to the effect that the "indirect claims," upon preliminary consideration by the Tribunal— such as comported with the dignity of the court and was satisfactory to both parties—have been disposed of and set aside by a qualified dictum, that if the Tribunal has jurisdiction in the mat ter of the indirect claims it rejects them, and that the court is in full possession of the whole matter of controversy except what has been put away; and at the same time the Tribunal re fused the demand of Great Britain for a pro tracted adjournment, and took a recess until July 15, iu order to give time for the printing of the British case. As the seal of secrecy has not been removed from these latter proceedings, the message, draft of article, and state ments touching the action of the Tribunal are given subject to the risk of possible error.]

Tribunal of Arbitration between the United States and Great Britain, at Geneva.

Arbitrator on thepart of the United States— Charles Francis Adams.

Arbitrator on the part of Great Britain— The Right Honorable Sir Alexander Cock Burn, Baronet, Lord Chief Justice of England.

Arbitrator on the part of Italy—His Excellency Senator Count Sclopis.

Arbitrator on the part of Switzerland—Mr. Jacob Stampfli.

Arbitrator on the part of Brazil—Baron D'itajuba.

Agent on the part of the United States—J. C. Bancroft Davis.

Agent on the part of Great Britain—Right Honorable Lord Tenteuden.

Counsdfur the United Staies—CALEB GushIng, William M Evarts. Morrison R Waite.

Counsel for Great Britain—Sir Roundell Palmer.

Solicitor for the United States—Charles C. Beam An, jr.

The Johnson-Clarendon Convention.

Convention between Great Britain and the United States of America for the settlement of all outstanding claims; signed at London, January 14, 1859. Whereas claims have, at rarious times since the exchange of the ratifications of the convention between the United States of America and Great Bri ain, signed at London on the 8th of February, 18-33, been made upon the United States on the part of sulj^ets of her Britannic M*jesy, and upon the Government of her Biiiannic Majesty on the part of citizens of the United Siaies; and'whereas some of such claims are suil pending and remain unsettled, the President of the United S'ates of America, and her Majt-stv the Queen of the United Kingdom of Great Britain and Ireland, being of opinion that a speedy and equitable settlement of all such churns will contribute much to the mairiienance of the friendly feelings which subsist br-t^eeii the countries, have resolved to make arrangements for that purpose by means of a convention, and have named as iheir pienipo entiaries to confer and agree thereupon, that is to say: The President of the United States of America, Reverdy Johnson, esq., envoy extraordinary and minister plenipotentiary from the United States to her Britannic Majesty;

And her Majesty, the Queen of the United Kingdom of Great Britain and Ireland, the Bight Honorable George William Frederick, Earl of Clarendon, Baron Hyde of liiudon, a peer of the United Kingdom, a member of her Britannic Majesty's most honorable Pnvy Council, knight of the most noble order of the Garter, knight grand cross of the most honorable order of the Bath, her Britannic Majesty's principal Secretary of State for Foreign Affairs; Who, after having, communicated to each other their respective full powers, found in good aud due form, have ngreed as follows: Article L The high contracting parties agree that all claims on the part of citizens of the United States upon the Government of her Britannic Majesty,, including the so-called Alabama claims, and all claims on the part of subjects of her Britannic Majesty upon the Government of the United Stales, which may have been presented to either Government for its interposition with the other since the 26th of