intituled „An Act relating to the Treaty of Washington, 1871:" And whereas an Act was passed by the Legislature of Prince Edward Island, and assented to by the Lieutenant Governor of that Colony on the 29th day of June, 1872, intituled „An Act relating to the Treaty of Washington, 1871:“ And whereas an Act was passed by the Senate and House of Representatives of the United States of America in Congress assembled, and approved on the 1st day of March, 1873, by the President of the United States, intituled „An Act to carry into effect the provisions of the Treaty between the United States and Great Britain signed in the City of Washington the 8th day of May, 1871, relating to Fisheries:" The Undersigned, the Right Honourable Sir Edward Thornton, one of Her Majesty's Most Honourable Privy Council, Knight Commander of the Most Honourable Order of the Bath, Her Britannic Majesty's Envoy Extraordinary and Minister Plenipotentiary to the United States of America, and Hamilton Fish, Secretary of State of the United States, duly authorized for this purpose by their respective Governments, having met together at Washington, and having found that the laws required to carry the Articles 18 to 25 inclusive, and Article 30 of the Treaty aforesaid into operation, have been passed by the Imperial Parliament of Great Britain, by the Parliament of Canada, and by the Legislature of Prince Edward Island on the one part, and by the Congress of the United States on the other, hereby declare that Art. 18 to 25 inclusive, and Art. 30 of the Treaty between Her Britannic Majesty and the United States of America of the 8th of May, 1871, will take effect on the 1st day f July next. In witness whereof the Undersigned have signed this Protocol, and have hereunto affixed their seals. Done in duplicate at Washington, this Seventh day of June, 1873. Edward Thornton. Hamilton Fish. Zz Nouv. Recueil gén. Tome XX. 127. Protocoles du Tribunal d'arbitrage réuni à Genève du 15 décembre 1871 au 14 septembre 1872, en vertu du Traité conclu à Washington, le 8 mai 1871, entre la Grande-Bretagne et les ÉtatsUnis d'Amérique*). Protocol No. 1. Record of the Proceedings of the Tribunal of Arbitration under the provisions of the Treaty between Her Britannic Majesty and the United States of America, concluded on the 8th of May, 1871, at the First Conference, held at Geneva, in Switzerland, on the 15th day of December, 1871. The Conference was convened at the Hotel de Ville at Geneva in compliance with notices from Lord Tenterden, Agent of Her Britannic Majesty, and Mr. J. C. Bancroft Davis, Agent of the United States, in the form following: >The Undersigned having been appointed Agent of Her Britannic Majesty to attend the Tribunal of Arbitration about to be convened at Geneva under the provisions of the Treaty between Great Britain and the United States of the 8th of May last, has the honour to acquaint Count Sclopis that it is proposed by the Government of Her Britannic Majesty that the first meeting of the Tribunal should be held at Geneva, if not inconvient to the Arbitrators, on the 15th instant Tenterden.< >The undersigned having been appointed agent of the United States to attend the tribunal of arbitration about to be convened at Geneva under the provisions of the treaty between the United States and Great Britain of the 8th of May last, has the honour to acquaint Count Sclopis that it is proposed by the Government of the United States that the first meeting of the tribunal should be held at Geneva, if not inconvenient to the arbitrators, on the 15th instant. J. C. Bancroft Davis.< The Arbitrators who were present and produced their respective powers, which were examined and found to be in good and due form, were: The Right Honourable Sir Alexander Cockburn, the Lord Chief Justice of England, the Arbitrator named by Her Britannic Majesty; Charles Francis Adams, Esquire, the Arbitrator named *) Voir No. 124. by the President of the United States of America; his Excellency Count Sclopis, the Arbitrator named by His Majesty the King of Italy; M. Jacques Staempfli, the Arbitrator named by the President of the Swiss Confederation; and his Excellency the Baron d'Itajubá, the Arbitrator named by His Majesty the Emperor of Brazil. The Right Honourable Lord Tenterden attended the Conference as the Agent of Her Britannic Majesty; J. C. Bancroft Davis, Esquire, attended as the Agent of the United States. Mr. Adams proposed that Count Sclopis, as being the Arbitrator named by the Power first mentioned in the Treaty after Great Britain and the United States, should preside over the labours of the Tribunal. The proposal was seconded by Sir Alexander Cockburn and was unanimously adopted, and Count Sclopis, having expressed his acknowledgments, assumed the Presidency. On the proposal of Count Sclopis, the Tribunal of Arbitration requested the Arbitrator named by the President of the Swiss Confederation to recommend some suitable person to act as the Secretary of the Tribunal. The Swiss Arbitrator named M. Alexandre Favrot as a suitable person, and M. Alexandre Favrot was thereupon appointed by the Tribunal of Arbitration to act as its Secretary during the Conferences, and entered upon the duties of that office. Lord Tenterden then presented in duplicate to each of the Arbitrators and to the Agent of the United States, the printed Case of the Government of Her Britannic Majesty, accompanied by the documents, official correspondence, and other evidence on which it relies. Mr. J. C. Bancroft Davis, in like manner, presented to each of the Arbitrators and to the Agent of Great Britain, the printed Case of the United States, accompanied by the documents, official correspondance, and other evidence, on which they rely. The Tribunal of Arbitration thereupon directed that the respective Counter-Cases, additional documents, correspondence, and evidence called for or permitted by the IVth Article of the Treaty, should be delivered to the Secretary of the Tribunal at the Hall of the Conference at the Hotel de Ville at Geneva, for the Arbitrators and for the respective Agents on or before the 15th day of April next. The Arbitrators further directed that either party desiring, under the provisions of the IVth Article of the Treaty, to extend the time for delivering the Counter-Cases, documents, correspondence, and evidence, shall make application to them through the Secretary, and that the Secretary shall thereupon convene a Conference at Geneva, at an early day, to suit the convenience of the respective Arbitrators, and that due notice thereof shall be given to the Agent of the other party. The Tribunal of Arbitration proceeded to direct that applications by either party, under the provisions of the IVth Article of the Treaty, for copies of Reports or documents specified or alluded to and in the exclusive possession of the other party, shall be made to the Agent of the other party with the same force and effect as if made to the Tribunal of Arbitration. The Tribunal of Arbitration further directed that, should either party, in accordance with the provisions of the IVth Article, call upon the other party through the Arbitration, to produce the originals or certified copies of any papers adduced as evidence, such application shall be made by written notice thereof to the Secretary within thirty days after the delivery of the cases, and that thereupon the Secretary shall transmit to the Agent of the other party a copy of the request; and that it shall be the duty of the Agent of the other party to deliver said originals or certified copies to the Secretary, as soon as may be practicably convenient. The Arbitrators also agreed that, for the purpose of deciding any question arising upon the foregoing rules, the presence of three of their number shall be sufficient. The Conference was adjourned to the following day, the 16th of December, at 3 o'clock P. M. Frederic Sclopis. Alex. Favrot, Secretary. J. C. Bancroft Davis. Protocol No. 2. Record of the Proceedings of the Tribunal of Arbitration at the Second Conference, held at Geneva, in Switzerland, on the 16th day of December 1871. The Conference was held pursuant to adjournment. Lord Tenterden and Mr. J. C. Bancroft Davis attended the Conference as Agents of Her Britannic Majesty and of the United States respectively. The Record of the proceedings of the Conference held on the 15th instant was read and approved, and the Secretary was directed to attest it. Lord Tenterden and Mr. J. C. Bancroft Davis were requested also to sign this and all subsequent records as Agents of their respective Governments. The Tribunal of Arbitration directed that when an adjournment of the Conference should be entered, it should be entered as an adjournment until the 15th day of June next, subject to a prior call by the Secretary, as provided for in the proceedings at the first Conference. The Tribunal then directed the Secretary to make up the record of the proceedings of the second Conference as far as completed; which was done, and the record was read and approved. The Tribunal of Arbitration then adjourned to meet at Geneva on the 15th day of June next, unless sooner convened by the Secretary, in the manner provided in the proceedings at the first Conference. Frederic Sclopis. Alex. Favrot, Secretary. J. C. Bancroft Davis. Protocol No. 3. Record of the Proceedings of the Tribunal of Arbitration at the Third Conference, held at Geneva, in Switzerland, on the 15th day of June, 1872. The Conference was held pursuant to adjournment. All the Arbitrators were present. Lord Tenterden and Mr. J. C. Bancroft Davis attended the Conference as Agents of Her Britannic Majesty and the United States respectively. Mr. J. C. Bancroft Davis then delivered in duplicate to each of the Arbitrators and to Lord Tenterden. the Agent of Her Britannic Majesty, a printed Argument, showing the points and referring to the evidence on which his Government relies. Lord Tenterden then, on behalf of Her Britannic Majesty's Government, presented the note, of which a copy is annexed, requesting an adjournment of the Tribunal, for the reasons therein stated, for such a period as might enable a Supplementary Convention to be concluded and ratified between Her Britannic Majesty and the United States. Mr. Bancroft Davis stated that he could not say what would be the views of his Government on this motion, until he should know the time for which the adjournment was asked. Lord Tenterden stated that Her Britannic Majesty's Government believed that, in order to afford time for the consideration of a Supplementary Convention by the Senate of the United States in their Session, commencing in December next, and for its subsequent consideration by Her Britannic Majesty's Government, and for its ratification by the High Contracting Parties respectively, it would be requisite that the adjournment should be for a period of eight months, but that power might be reserved for the Arbitrators to meet at any earlier date, upon being convened for that purpose by the Secretary of the Tribunal, upon the joint request in writing of the two Governments. Mr. Bancroft Davis said that his instructions did not yet enable him to state to the Arbitrators the views of the Government of the United States on this motion in full. He said that he was in telegraphic communication with his Government, and he asked an adjournment until Monday, the 17th instant. The Tribunal decided that the Protocols should be signed by the President and Secretary of the Tribunal, and the Agents of the two Governments. |