States, and the southern boundary of the territories of His Britannic Majesty, from the Lake of the Woods to the Stony Mountains. Art. 3. It is agreed that any country that may be claimed by either party on the northwest coast of America, westward of the Stony Mountains, shall, together with its harbours, bays, and creeks, and the navigation of all rivers within the same, be free and open, for the term of ten years from the date of the signature of the present convention, to the vessels, citizens, and subjects of the two Powers: it being well understood that this agreement is not to be construed to the prejudice of any claim which either of the two high contracting parties may have to any part of the said country, nor shall it be taken to affect the claims of any other Power or State to any part of the said country; the only object of the high contracting parties, in that respect, being to prevent disputes and differences amongst themselves. Art. 4. All the provisions of the convention "to regulate the commerce between the territories of the United States and of His Britannic Majesty," concluded at London on the third day of July, in the year of our Lord one thousand eight hundred and fifteen, with the exception of the clause which limited its duration to four years, and excepting, also, so far as the same was affected by the declaration of His Majesty respecting the Island of St. Helena, are hereby extended and continued in force for the term of ten years from the date of the signature of the present convention, in the same manner as if all the provisions of the said convention were herein specially recited. Art. 5. Whereas it was agreed, by the first article of the treaty of Ghent, that "all territory, places, and possessions whatsoever, taken by either party from the other during the war, or which may be taken after the signing of this treaty, excepting only the islands hereinafter mentioned, shall be restored without delay, and without causing any destruction, or carrying away any of the artillery or other public property originally captured in the said forts or places, and which shall remain therein upon the exchange of the ratifications of this treaty, or any slaves or other private property:" and whereas, under the aforesaid article, the United States claim for their citizens, and as their private property, the restitution of, or full compensation for, all slaves who, at the date of the exchange of the ratifications of the said treaty, were in any territory, places, or possessions whatsoever, directed by the said treaty to be restored to the United States, but then still occupied by the British forces, whether such slaves were, at the date aforesaid, on shore, or on board any British vessel lying in waters within the territory or jurisdiction of the United States: and whereas differences have arisen whether, by the true intent and meaning of the aforesaid article of the treaty of Ghent, the United States are entitled to the restoration of, or full compensation for, all or any slaves, as above described, the high contracting parties hereby agree to refer the said differences to some friendly Sovereign or State, to be named for that purpose; and the high contracting parties further engage to consider the decision of such friendly Sovereign or State to be final and conclusive on all the matters referred. Art. 6. This convention, when the same shall have been duly ratified by the President of the United States, by and with the advice and consent of their Senate, and by His Britannic Majesty, and the respective ratifications mutually exchanged, shall be binding and obligatory on the said United States and on His Majesty: and the ratifications shall be exchanged in six months from this date, or sooner if possible. In witness whereof, the respective plenipotentiaries have signed the same, and have hereunto affixed the seal of their arms. Done at London, this twentieth day of October, in the year of our Lord one thousand eight hundred and eighteen. 32 No. 18.-1839, August 2: Extract from Convention between Her Britannic Majesty and the King of the French, defining and regulating the Limits of the Oyster and other Fishery on the Coasts of Great Britain and of France.-Signed at Paris, August 2, 1839. ART. 9. The subjects of Her Britannic Majesty shall enjoy the exclusive right of fishery within the distance of three miles from low water mark, along the whole extent of the coasts of the British Islands, and the subjects of the King of the French shall enjoy the exclusive Right of fishery within the distance of three miles from low water mark along the whole extent of the coasts of France, it being understood that, upon that part of the coast of France which lies between Cape Carteret and Point Meinga, French subjects shall enjoy the exclusive Right of all kinds of fishery within the limits assigned in Art. 1rst of this Convention for the French oyster fishery. It is equally agreed that the distance of three miles fixed as the general limit for the exclusive right of fishery upon the coasts of the two countries, shall, with respect to Bays the mouths of which do not exceed ten miles in width, be measured from a straight line drawn from Headland to Headland. ART. 10. It is agreed and understood that the miles mentioned in the present Convention are geographical miles whereof sixty make a degree of latitude. * No. 19.-1843, June 23: Declaration of Great Britain and France confirming the Regulations of May 24, 1843 for the guidance of British and French Fishermen in the Seas lying between the Coasts of the two Countries. Declaration. The Undersigned, Her Britannic Majesty's Principal Secretary of State for Foreign Affairs, on the one part, and the Ambassador Ex traordinary of His Majesty the King of the French at the Court of London, on the other part, having examined the annexed Regulations for the guidance of the Fishermen of Great Britain and of France in the seas lying between the coasts of the two countries; which Regulations have been prepared, in pursuance of the provisions of the eleventh Article of the Convention concluded at Paris on the 2d. of August 1839, between Her Britannic Majesty and His Majesty the King of the French, by the two Commissioners duly authorised to that effect by their said Majesties;-have, in the name and on the behalf of Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and of His Majesty the King of the French, and by virtue of their respective full powers, approved and confirmed, and do by these presents approve and confirm, the said Regulations:reserving to their respective Governments, conformably to the terms of the abovementioned Article, to propose, if necessary, to the Legislatures of both countries, the measures which may be required for carrying the said Regulations into execution.— In witness whereof the Undersigned have signed the present Declaration, and have affixed thereto the seals of their arms. Done at London, the twenty third day of June, in the year of Our Lord one thousand eight hundred and forty three. (L. s.) ABERDEEN. No. 20.-1846, June 15: Treaty between Her Britannic Majesty and the United States for Settlement of the Oregon Boundary. Signed at Washington, June 15, 1846.-[Ratifications exchanged at London, July 17, 1846.] Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and The United States of America, deeming it to be desirable for the future welfare of both countries, that the state of 33 doubt and uncertainty which has hitherto prevailed respecting the Sovereignty and Government of the Territory on the North west Coast of America, lying westward of the Rocky or Stony Mountains, should be finally terminated by an amicable compromise of the rights mutually asserted by the two Parties over the said Territory, have respectively named Plenipotentiaries to treat and agree concerning the terms of such settlement, that is to say; Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, has, on Her part, appointed the Right Honourable Richard Pakenham, a Member of Her Majesty's Most Honourable Privy Council, and Her Majesty's Envoy Extraordinary and Minister Plenipotentiary to the United States; and the President of the United States of America, has, on his part, furnished with full powers, James Buchanan, Secretary of State of the United States; who after having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following Articles. ARTICLE I. From the point on the forty ninth parallel of north latitude, where the boundary laid down in existing Treaties and Conventions be tween Great Britain and the United States terminates, the line of boundary between the territories of Her Britannic Majesty and those of the United States shall be continued westward along the said forty ninth parallel of north latitude, to the middle of the channel which separates the continent from Vancouver's Island; and thence southerly through the middle of the said channel, and of Fuca's Straits, to the Pacific Ocean; provided, however, that the navigation of the whole of the said channel and straits south of the forty ninth parallel of north latitude remain free and open to both Parties. ARTICLE II. From the point at which the forty ninth parallel of north latitude shall be found to intersect the great northern branch of the Columbia River, the navigation of the said branch shall be free and open to the Hudson's Bay Company, and to all British subjects trading with the same, to the point where the said branch meets the main stream of the Columbia, and thence down the said main stream to the ocean, with free access into and through the said river or rivers; it being understood, that all the usual portages along the line thus described shall in like manner be free and open. In navigating the said river or rivers, British subjects, with their goods and produce, shall be treated on the same footing as citizens of the United States; it being, however, always understood that nothing in this Article shall be construed as preventing, or intended to prevent the Government of the United States from making any regulations respecting the navigation of the said river or rivers, not inconsistent with the present Treaty. ARTICLE III. In the future appropriation of the territory south of the forty ninth parallel of north latitude, as provided in the First Article of this Treaty, the possessory rights of the Hudson's Bay Company, and of all British subjects, who may be already in the occupation of land or other property, lawfully acquired within the said territory shall be respected. ARTICLE IV. The farms lands and other property of every description, belonging to the Puget's Sound Agricultural Company on the north side of the Columbia River, shall be confirmed to the said Company. In case, however, the situation of those farms and lands should be considered by the United States to be of public and political importance, and the United States Government should signify a desire to obtain possession of the whole, or of any part thereof, the property so required shall be transferred to the said Government at a proper valuation, to be agreed upon between the parties. ARTICLE V. The present Treaty shall be ratified by Her Britannic Majesty, and by the President of the United States, by and with the advice and consent of the Senate thereof; and the ratifications shall be exchang 92909 ̊—S. Doc. 870, 61-3, vol 4—14 at London at the expiration of six months from the date hereof, or sooner if possible. In witness whereof the respective Plenipotentiaries have signed the same and have affixed thereto the seals of their arms. Done at Washington the fifteenth day of June in the year of our Lord one thousand eight hundred and forty six. 34 No. 21.—1848, February 2: Extract from Treaty of Peace, Friendship, Limits and Settlement. between the United States and Mexico (Treaty of Gaudalupe Hidalgo). Concluded February 2, 1848; ratification advised by the Senate, with amendments, March 10, 1848; ratified by the President March 16, 1848; ratifications exchanged May 30, 1848; proclaimed July 4, 1848. (Treaties and Conventions, 1889, p. 681.) ARTICLE V. The boundary line between the two Republics shall commence in the Gulf of Mexico, three leagues from land, opposite the mouth of the Rio Grande, otherwise called Rio Bravo del Norte, or opposite the mouth of its deepest branch, if it should have more than one branch emptying directly into the sea; from thence, up the middle of that river, following the deepest channel, where it has more than one to the point where it strikes the Southern Boundary of New Mexico; thence, westwardly along the whole Southern Boundary of New Mexico (which runs north of the town called Paso) to its western termination; thence, northward, along the western line of New Mexico, until it intersects the first branch of the river Gila; (or if it should not intersect any branch of that river, then, to the point on the said line nearest to such branch, and thence in a direct line to the same;) thence down the middle of the said branch and of the said river, until it empties into the Rio Colorado; thence, across the Rio Colorado, following the division line between Upper and Lower California, to the Pacific Ocean. The boundary line established by this Article shall be religiously respected by each of the two Republics, and no change shall ever be made therein, except by the express and free consent of both nations, lawfully given by the General Government of each, in conformity with its own constitution. [This article was amended by Article I of the Treaty of 1853, December 30. See No. 23 Appendix, p. 35.] |