Convention between the United Kingdom of Great Britain and Ireland and the United States of America Respecting Fisheries, Boundary, And The Restoration Of Slaves
Source: http://www.austlii.edu.au/au/other/dfat/treaties/1901/107.html, downloaded on 20061018
His Majesty the King of the United Kingdom of Great Britain and Ireland, and the United States of America, desirous to cement the good understanding which happily subsists between them, have, for that purpose, named their respective Plenipotentiaries, that is to say:
His Majesty, on His part, has appointed the Right Honourable Frederick John Robinson, Treasurer of His Majesty's Navy, and President of the Committee of Privy Council for Trade and Plantations; and Henry Goulburn, Esq, one of His Majesty's Under Secretaries of State;
And the President of the United States has appointed Albert Gallatin, their Envoy Extraordinary and Minister Plenipotentiary to the Court of France, and Richard Rush, their Envoy Extraordinary and Minister Plenipotentiary to the Court of His Britannic Majesty;
Who, after having exchanged their respective full powers, found to be in due and proper form, have agreed to and concluded the following Articles:
Article I
Whereas differences have arisen respecting the liberty claimed by the United States, for the inhabitants thereof, to take, dry and cure fish , on certain coasts, bays, harbours and creeks, of His Britannic Majesty's dominions in America, it is agreed between the high Contracting Parties, that the inhabitants of the said United States shall have, for ever, in common with the subjects of His Britannic Majesty, the liberty to take fish of every kind, on that part of the southern coast of Newfoundland which extends from Cape Ray to the Rameau Islands, on the western and northern coast of Newfoundland, from the said Cape Ray to the Quirpon Islands, on the shores of the Magdalen Islands, and also on the coasts, bays, harbours and creeks, from Mount Joly, on the southern coast of Labrador, to and through the straights of Belleisle, and thence northwardly indefinitely along the coast, without prejudice, however, to any of the exclusive rights of the Hudson's Bay Company: and that the American fishermen shall also have liberty, for ever, to dry and cure fish in any of the unsettled bays, harbours and creeks, of the southern part of the coast of Newfoundland hereabove described, and of the coast of Labrador; but so soon as the same, or any portion thereof, shall be settled, it shall not be lawful for the said fishermen to dry or cure fish at such portion so settled, without previous agreement for such purpose, with the inhabitants, proprietors or possessors of the ground. And the United States hereby renounce for ever any liberty heretofore enjoyed or claimed by the inhabitants thereof, to take, dry or cure fish , on or within three marine miles of any of the coasts, bays, creeks or harbours of His Britannic Majesty's dominions in America, not included within the abovementioned limits: provided, however, that the American fishermen shall be admitted to enter such bays or harbours, for the purpose of shelter and of repairing damages therein, of purchasing wood and of obtaining water, and for no other purpose whatever. But they shall be under such restrictions as may be necessary to prevent their taking, drying or curing fish therein, or in any other manner whatever abusing the privileges hereby reserved to them.
Article II
It is agreed that a line drawn from the most north-western point of the Lake of the Woods, along the forty-ninth parallel of north latitude, or, if the said point shall not be in the forty-ninth parallel of north latitude, then that a line drawn from the said point due north or south, as the case may be, until the said line shall intersect the said parallel of north latitude, and from the point of such intersection due west along and with the said parallel, shall be the line of demarcation between the territories of His Britannic Majesty and those of the United States, and that the said line shall form the southern boundary of the said territories of His Britannic Majesty; and the northern boundary of the territories of the United States, from the Lake of the Woods to the Stony Mountains.
Article III
It is agreed, that any country that may be claimed by either Party on the north-west 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.
Article IV
All the provisions of the Convention "to regulate the commerce between the territories of His Britannic Majesty and of the United States", concluded at London, on 3 July 1815, 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 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.
Article V
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, 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 restitution 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.
Article VI
This Convention, when the same shall have been duly ratified by His Britannic Majesty and the President of the United States, by and with the advice and consent of their Senate, and the respective ratifications mutually exchanged, shall be binding and obligatory on His Majesty and on the said United States; and the ratifications shall be exchanged in six months from this date, or sooner if possible. [Editors Note: Instruments of ratification exchanged - 22 December 1815.]
IN WITNESS WHEREOF, the respective Plenipotentiaries have signed the same, and have thereunto affixed the seal of their arms.
DONE at London, this 20th day of October, 1818.
[Signed:]
FRED JOHN ROBINSON
HENRY GOULBURN
[Signed:]
ALBERT GALLATIN
RICHARD RUSH
