Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 1, 1873, Part I, General Correspondence; and Papers Relating to Naturalization and Expatriation, Volume I

No. 177.
Sir Edward Thornton to Mr. Fish.

Washington, December 4, 1872. (Received December 5.)

Sir: I have the honor to inclose for your information a certified copy of the act of the legislature of Canada relating to the Treaty of Washington of May 8, 1871.

I have, &c.,

EDW’D THORNTON.

AN ACT relating to the treaty of Washington, 1871.

Whereas by article thirty-three of the treaty between Her Majesty and the United States of America, signed at the city of Washington on the 8th day of May, 1871, it is provided that articles eighteen to twenty-five, inclusive, relating to the fisheries, shall take effect as soon as the laws required to carry them into operation shall have been passed by the Imperial Parliament of Great Britain, by the Parliament of Canada, and by the legislature of Prince Edward’s Island, on the one hand, and by the Congress of the United States on the other, and that such assent having been given, the said articles shall remain in force for the term of years mentioned in the said article thirty-three; and whereas it is expedient that the laws required to carry the said treaty into effect as respects Canada should be passed by the Parliament of the Dominion: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. The act of the Parliament of Canada, passed in the thirty-first year of Her Majesty’s reign, chapter 61, intituled “An act respecting fishing by foreign vessels,” and the act of the said Parliament passed in the thirty-third year of Her Majesty’s reign, chapter 15, intituled “An act to amend the act respecting fishing by foreign vessels,” and the act of the said Parliament passed in the thirty-fourth year of Her Majesty’s reign, chapter 23, intituled “An act further to amend the act respecting fishing by foreign vessels,” and the 94th chapter of the Revised Statutes of Nova Scotia (third series) intituled “Of Coast and Deep-Sea Fisheries,” and the act of the legislature of Nova Scotia, passed in the twenty-ninth year of Her Majesty’s reign, chapter 35 amending the same; and the act of the legislature of New Brunswick, passed in the sixteenth year of Her Majesty’s reign, chapter 69, intituled “An act relating to the coast-fisheries, and for the preventing of illicit trade,” so far as the said acts of the legislatures of Nova Scotia and New Brunswick, respectively, apply to any case to which the said acts of the Parliament of Canada apply, shall be, and are hereby, suspended as respects vessels and inhabitants of the United States of America engaged in taking fish of every or any kind except shell-fish on the sea-coasts and shores, and in the bays, harbors, and creeks of the provinces of Quebec, Nova Scotia, and New Brunswick, as shall also all acts, laws, or regulations (if any) over which the Parliament of Canada has control, which would in anywise prevent or impede the full effect of the said article eighteen.

2. Fish-oil and fish of all kinds, (except fish of the inland lakes and of the rivers falling into them, and except fish preserved in oil,) being the produce of the fisheries of the United States, shall be admitted into Canada free of duty.

3. Goods, wares, and merchandise arriving at any of the ports of Canada, and destined for the United States of America, may be entered at the proper custom-house, and conveyed in transit, without the payment of duties, through Canada, under such rules, regulations, and conditions, for the protection of the revenue, as the governor in council may from time to time prescribe, and under like rules, regulations, and conditions, goods, wares, and merchandise may be conveyed in transit, without payment of duties, from the United States, through Canada, to other places in the United States, or for export from ports in Canada.

4. Citizens of the United States may carry in United States vessels, without payment of duty, goods, wares, and merchandise from one port or place in Canada to another port or place in Canada, provided that a portion of such transportation is made through the territory of the United States by land-carriage, and in bond, under such rules and regulations as may be agreed upon between the government of Her Majesty and the Government of the United States.

5. The foregoing sections of this act shall come into force upon, from, and after a day to be appointed for that purpose by a proclamation based upon an order of the governor in council, and shall remain in force during the term of years mentioned in article thirty-three of the said treaty.