Fisheries (North America). Rice, Broom Corn, and Bark. Hewn or wrought or unwrought Burr or Grindstones. Flax, Hemp, and Tow unmanufactured. Rags. ARTICLE IV. It is agreed that the Citizens and Inhabitants of the United States shall have the Right to navigate the River St. Lawrence, and the Canals in Canada, used as the Means of communicating between the Great Lakes and the Atlantic Ocean, with their Vessels, Boats, and Crafts, as fully and freely as the Subjects of Her Britannic Majesty, subject only to the same Tolls and other Assessments as now are or may hereafter be exacted of Her Majesty's said Subjects; it being understood, however, that the British Government retains the Right of suspending this Privilege, on giving due Notice thereof to the Government of the United States. It is further agreed, that if at any time the British Government should exercise the said reserved Right, the Government of the United States shall have the Right of suspending, if it think fit, the Operation of Article III. of the present Treaty, in so far as the Province of Canada is affected thereby, for so long as the Suspension of the free navigation of the River St. Lawrence or the Canals may continue. It is further agreed, that British Subjects shall have the Right freely to navigate Lake Michigan with their Vessels, Boats, and Crafts, so long as the Privilege of navigating the River St. Lawrence, secured to American Citizens by the above Clause of the present Article, shall continue; and the Government of the United States further engages to urge upon the State Governments to secure to the Subjects of Her Britannic Majesty the Use of the several State Canals on Terms of Equality with the Inhabitants of the United States. And it is further agreed, 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 State of Maine watered by the River St. John and 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. ARTICLE V. The present Treaty shall take effect as soon as the Laws required to carry it into operation shall have been passed by the Imperial Parliament of Great Britain Fisheries (North America). Britain and by the Provincial Parliaments of those of the British North American Colonies which are affected by this Treaty on the one Hand, and by the Congress of the United States on the other. Such Assent having been given, the Treaty shall remain in force for Ten Years from the Date at which it may come into operation, and further until the Expiration of Twelve Months after either of the High Contracting Parties shall give Notice to the other of its 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 Term of Ten Years, or at any Time afterwards. It is clearly understood, however, that this Stipulation is not intended to affect the Reservation made by Article IV. of the present Treaty with regard to the Right of temporarily suspending the Operation of Articles III. and IV. thereof. ARTICLE VI. And it is hereby further agreed, that the Provisions and Stipulations of the foregoing Articles shall extend to the Island of Newfoundland, so far as they are applicable to that Colony. But if the Imperial Parliament, the Provincial Parliament of Newfoundland, or the Congress of the United States, shall not embrace, in their Laws enacted for carrying this Treaty into effect, the Colony of Newfoundland, 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 the remaining Articles of this Treaty. And whereas the said Treaty was ratified between Her said Majesty and the United States, and such Ratification was Exchanged on the Ninth Day of September One thousand eight hundred and fifty-four: And whereas in pursuance of the said Treaty the Senate and House of Representatives of the United States of America in Congress assembled have passed an Act intituled, "An Act to carry into effect a Treaty between the "United States and Great Britain," signed on the Fifth Day of June One thousand eight hundred and fifty-four, which Act was approved on the Fifth day of August One thousand eight hundred and fifty-four, by which Act it is among other things provided, that whenever the President of the United States shall receive satisfactory Evidence that the Imperial Parliament of Great Britain, and the Provincial Parliaments of Canada, New Brunswick, Nova Scotia, and Prince Edward's Island have passed Laws on their Part to give full effect to the Provisions of the said Treaty, the said President is thereby authorized to issue his Proclamation declaring that he has such Evidence, and thereupon the Provisions of the said Treaty shall go into effect, and be observed on the Part of the United States: And whereas the Legislatures of the Colonies aforesaid have respectively passed Laws to carry the said Treaty into operation; namely, Acts at variance with Provi sions of the said Treaty suspended. Act to come into operation as soon as proclaimed in certain Colonies. Provision for Exten sion of the Treaty to Newfound. land. Fisheries (North America). namely, an Act passed by the Legislature of Canada, intituled, "An Act for giving Effect on the Part of this Province to a "certain Treaty between Her Majesty and the United States of "America;" an Act passed by the Legislature of Nova Scotia, intituled, "An Act for giving Effect on the Part of the Province "of Nova Scotia to a certain Treaty between Her Majesty and "the United States of America ;" an Act passed by the Legislature of New Brunswick, intituled, "An Act for giving Effect (( on the Part of the Province of New Brunswick to a certain Treaty between Her Majesty and the United States of "America," and an Act passed by the Legislature of Prince Edward Island, intituled, "An Act to authorize Free Trade "with the United States of America under a Treaty between "Great Britain and the United States of America :" And whereas it is expedient that effectual Provision should be made by Parliament for carrying into operation the said Treaty: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: I. All Acts of Parliament and Laws which operate to prevent the Provisions of the said Treaty from taking full Effect shall, so far as they so operate, be suspended and of no Effect during the Continuance of the said Treaty. II. This Act shall come into operation in each of the said Colonies of Canada, New Brunswick, Nova Scotia, and Prince Edward Island as soon as the same shall have been received and proclaimed by the Officer administering the Governinent of such Colony. III. Whenever the necessary Laws shall have been passed by the Legislature of Newfoundland, and approved by Her Majesty, for giving Effect to the Provisions and Stipulations of the said Treaty as it respects that Colony, it shall be lawful for the Officer administering the Government of Newfoundland by his Proclamation to declare that, after a Time fixed in such Proclamation for that Purpose, the Provisions and Stipulations mentioned or referred to in the Sixth Article of the said Treaty shall extend to the said Island of Newfoundland so far as they are applicable to that Colony, and thereupon from the Time so fixed the said Provisions and Stipulations shall be so extended and have full Effect accordingly, any Act of Parliament, Law, Custom, or Usage to the contrary notwithstanding. QUEBEC -Printed by S. DERBISHIRE & G. DESBARATS, STATUTES OF THE PROVINCE OF CANADA PASSED IN THE EIGHTEENTH YEAR OF THE REIGN OF HER MAJESTY QUEEN VICTORIA AND IN THE FIRST SESSION OF THE FIFTH PARLIAMENT OF CANADA Begun and holden at Quebec on the Fifth September and adjourned on the Eighteenth December, 1854, to the Twenty-third February following: PART SECOND. FROM 23RD FEBRUARY, 1855. HIS EXCELLENCY SIR EDMUND WALKER HEAD, BARONET, GOVERNOR GENERAL. QUEBEC: PRINTED BY STEWART DERBISHIRE & GEORGE DESBARATS, Anno Domini, 1855. |