sold to trading vessels, shall be granted to United States fishing vessels in such ports promptly upon application and without charge, and such vessels, having obtained licenses in the manner aforesaid, shall also be accorded upon all occasions such facilities for the purchase of casual or needful provisions and supplies as are ordinarily granted to trading vessels; but such provisions or supplies shall not be obtained by barter, nor purchased for re-sale or traffic. ARTICLE XII. Fishing vessels of Canada and Newfoundland shall have Articlexii. on the Atlantic coasts of the United States all the privileges reserved and secured by this Treaty to United States fishing vessels in the aforesaid waters of Canada and Newfoundland. ARTICLE XIII. xiii. The Secretary of the Treasury of the United States shall Article make regulations providing for the conspicuous exhibition by every United States fishing vessel, of its official number on each bow; and any such vessel, required by law to have an official number, and failing to comply with such regulations, shall not be entitled to the licenses provided for in this Treaty. Such regulations shall be communicated to Her Majesty's Government previously to their taking effect. ARTICLE XIV. xiv. The penalties for unlawfully fishing in the waters, bays, Article creeks, and harbours, referred to in Article I of this Treaty, may extend to forfeiture of the boat or vessel and appurtenances, and also of the supplies and cargo aboard when the offence was committed; and for preparing in such waters to unlawfully fish therein, penalties shall be fixed by the court, not to exceed those for unlawfully fishing; and for any other violation of the laws of Great Britain, Canada, or Newfoundland relating to the right of fishery in such waters, bays, creeks or harbours, penalties shall be fixed by the court, not exceeding in all three dollars for every ton of the boat or vessel concerned. The boat or vessel may be holden for such penalties and forfeitures. The proceedings shall be summary and as inexpensive as practicable. The trial (except on appeal) shall be at the place of detention, unless the judge shall, on request of the defence, order it to be held at some other place adjudged by him more convenient. Security for costs shall not be required of the defence, except when bail is offered. Reasonable bail shall be accepted. There shall be proper appeals available to the defence only; and the evidence at the trial may be used on appeal. Judgments of forfeiture shall be reviewed by the Governor General of Canada in Council, or the Governor in Council of Newfoundland, before the same are executed. Article xv. ARTICLE XV. Whenever the United States shall remove the duty from fish-oil, whale-oil, seal-oil, and fish of all kinds (except fish preserved in oil), being the produce of fisheries carried on by the fishermen of Canada and of Newfoundland, including Labrador, as well as from the usual and necessary casks. barrels, kegs, cans, and other usual necessary coverings containing the products above mentioned, the like products. being the produce of fisheries carried on by the fishermen of the United States, as well as the usual and necessary coverings of the same, as above described, shall be admitted free of duty into the Dominion of Canada and Newfoundland. And upon such removal of duties, and while the aforesaid articles are allowed to be brought into the United States by British subjects, without duty being reimposed thereon, the privilege of entering the ports, bays and harbours of the aforesaid coasts of Canada and of Newfoundland shall be accorded to United States fishing vessels by annual licenses, free of charge, for the following purposes, namely: 1. The purchase of provisions, bait, ice, seines, lines and all other supplies and outfits; 2. Transhipment of catch, for transport by any means of conveyance; 3. Shipping of crews. Supplies shall not be obtained by barter, but bait may be so obtained The like privileges shall be continued or given to fishing vessels of Canada and of Newfoundland on the Atlantic coasts of the United States. ARTICLE XVI. xvi. This Treaty shall be ratified by Her Britannic Majesty, Article having received the assent of the Parliament of Canada and of the Legislature of Newfoundland; and by the President of the United States, by and with the advice and consent of the Senate; and the ratifications shall be exchanged at Washington as soon as possible. In faith whereof, We, the respective Plenipotentiaries, have signed this Treaty, and have hereunto affixed our seals. Done in duplicate at Washington, this fifteenth day of February, in the year of Our Lord one thousand eight hundred and eighty-eight. PROTOCOL. vivendi. The Treaty having been signed the British Plenipotenti- Modus aries desire to state that they have been considering the position which will be created by the immediate commencement of the fishing season before the Treaty can possibly be ratified by the Senate of the United States, by the Parliament of Canada, and the Legislature of Newfoundland. In the absence of such ratification the old conditions which have given rise to so much friction and irritation might be revived, and might interfere with the unprejudiced consideration of the Treaty by the legislative bodies concerned. Under these circumstances, and with the further object of affording evidence of their anxious desire to promote good feeling and to remove all possible subjects of controversy, the British Plenipotentiaries are ready to make the following temporary arrangement for a period not exceeding two years, in order to afford a "modus vivendi" pending the ratification of the Treaty. 1. For a period not exceeding two years from the present date, the privilege of entering the bays and harbours of the Atlantic coasts of Canada and of Newfoundland shall be granted to United States fishing vessels by annual licenses at a fee of $1.50 per ton-for the followiag purposes: The purchase of bait, ice, seines, lines, and all other supplies and outfits. Transhipment of catch and shipping of crews. 2. If during the continuance of this arrangement, the United States should remove the duties on fish, fish-oil, whale and seal oil (and their coverings, packages, &c.), the said licenses shall be issued free of charge. 3. United States fishing vessels entering the bays and harbours of the Atlantic coasts of Canada or of Newfoundland for any of the four purposes mentioned in Article I of the Convention of October 20, 1818, and not remaining therein more than twenty-four hours, shall not be required to enter or clear at the Custom house, providing that they do not communicate with the shore. 4. Forfeiture to be exacted only for the offences of fishing or preparing to fish in territorial waters. 5. This arrangement to take effect as soon as the necessary measures can be completed by the Colonial Authorities. J. CHAMBERLAIN. L. S. SACKVILLE WEST. WASHINGTON, 15th February, 188. 388 CHAPTER XI. MILITIA AND DEFENCE. Canada Confeder 591. Previous to the confederation of the Provinces, the Defence of defence of this country was entirely in the hands of the before Imperial Government, who for that purpose maintained ation. troops in each Province, supported by various local volunteer militia corps. This volunteer militia had, when called upon, rendered most efficient service in times of trouble, an account of which would be beyond the scope of this chapter, being, as it is, part of the history of Canada. drawal of troops. 592. After Confederation the British Government gradu- withally withdrew all the Imperial troops from this country, Imperial and at present only maintain a garrison at Halifax and a naval establishment there and on the Pacific coast. in chief vested in the Queen. 593. By the British North America Act the command in Command chief of all naval and military forces of and in Canada was vested in the Queen, and the control of the same was placed in the hands of the Dominion Parliament. A Department of Militia and Defence was at the same time Departestablished, the first Minister being Sir George E. Cartier, ment of and the first Militia Act was passed in 1868, 31 Vic., chap. 40. This Act was subsequently amended in various ways, Militia but is practically embodied in the present Consolidated Militia Act, 46 Vic., chap. 2, passed 25th May, 1883. By it the militia of Canada is declared to consist of all the male inhabitants of Canada of the age of 18 years or upwards and under sixty, not exempted or disqualified by law, this population being divided into four classes, as follow: The Act. The first class comprises those aged 18 or upwards and who conunder 30, being unmarried or widowers without children. Militia. stitute the |