The United States,
the liberty to take fish of every kind, except shell-fish, on the
eastern sea-coasts and shores of the United States north of the 36th
parallel of north latitude, and on the shores of the several islands
thereunto adjacent, and in the bays, harbours, and creeks, of the said
sea-coasts and shores of the United States and of the said islands,
without being restricted to any distance from the shore, with
permission to land upon the said coasts of the United States and of the
islands aforesaid for the purpose of drying their nets and curing their
fish; provided that, in so doing, they do not interfere with the rights
of private property, or with the fishermen of the United States in the
peaceable use of any part of the said coasts in their occupancy for the
same purpose.
It is understood that the above-mentioned liberty applies solely to the
sea fishery, and that salmon and shad fisheries, and all fisheries in
rivers and months of rivers, are hereby reserved exclusively for
fishermen of the United States.
ART. 3. It is agreed that the articles enumerated in the schedule
hereunto annexed, being the growth and produce of the aforesaid British
Colonies or of the United States, shall be admitted into each, country
respectively free of duty: -
SCHEDULE.
Grain, flour and breadstuffs of all kinds.
Animals of all kinds.
Fresh, smoked, and salted meats.
Cotton-wool, seeds, and vegetables.
Undried fruits, dried fruits.
Fish of all kinds.
Products of fish, and all other creatures living in the water.
Poultry, eggs.
Hides, furs, skins, or tails, undressed.
Stone or marble, in its crude or unwrought state.
Slate.
Butter, cheese, tallow.
Lard, horns, manures.
Ores of metals of all kinds.
Coal.
Pitch, tar, turpentine, ashes.
Timber and lumber of all kinds, round, hewed and sawed, unmanufactured,
in whole or in part.
Firewood.
Plants, shrubs, and trees.
Pelts, wool.
Fish oil.
Rice, broom-corn, and bark.
Gypsum, ground or unground.
Hewn or wrought or unwrought burr or grindstones.
Dye-stuffs.
Flax, hemp, and tow, unmanufactured.
Unmanufactured tobacco.
Rags.
ART. 4. 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 three 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.
ART. 5. 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 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 four of the present
treaty, with regard to the right of temporarily suspending the
operation of articles three and four thereof.
ART. 6. And it is further hereby 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.
