1871
Treaty of Washington
May 8, 1871
Treaty between Her Majesty and the United States of America
for the Amicable Settlement of all Causes of Difference Between
the Two Countries ("Alabama" Claims; Fisheries; Claims of
Corporations, Companies or Private Individuals; Navigation of
Rivers and Lakes; San Juan Water Boundary; and Rules Defining
Duties of a Neutral Government during War).
signed at Washington, May 8, 1871.
(Ratifications exchanged at London, June 17, 1871.)
Article I. Whereas differences have arisen between the
Government of the United States and the Government of Her
Britannic Majesty, and still exist, growing out of the Acts
committed by the several vessels which have given rise to the
claims generically known as the Alabama Claims: And whereas Her
Britannic Majesty has authorized her High Commissioners and
Plenipotentiaries to express in a friendly spirit, the regret
felt by Her Majesty's Government for the escape, under whatever
circumstances, of the Alabama and other vessels from British
ports, and for the depredations committed by those vessels; Now,
in order to remove and adjust all complaints and claims on the
part of the United States, and to provide for the speedy
settlement of such claims, which are not admitted by Her
Britannic Majesty's Government, the High Contracting Parties
agree that all the said claims, growing out of Acts committed by
the aforesaid vessels, and generically known as the Alabama
Claims, shall be referred to a tribunal of arbitration to be
composed of five arbitrators to be appointed in the following
manner, that is to say: one shall be named by Her Britannic
Majesty; one shall be named by the President of the United
States; His Majesty the King of Italy shall be requested to name
one; the President of the Swiss Confederation shall be requested
to name one; and His Majesty the Emperor of Brazil shall be
requested to name one.
II. The Arbitrators shall meet at Geneva, in Switzerland, at
the earliest convenient day after they shall have been named,
and shall proceed impartially and carefully to examine and
decide all questions that shall be laid before them on the part
of the Governments of Her Britannic Majesty and the United
States respectively. All questions considered by the Tribunal,
including the final award, shall be decided by a majority of all
the Arbitrators. Each of the High Contracting Parties shall also
name one person to attend the Tribunal as its Agent to represent
it generally in all matters connected with the Arbitration.
III. The written or printed case of each of the two parties,
accompanied by the documents, the official correspondence, and
other evidence on which each relies, shall be delivered in
duplicate to each of the Arbitrators and to the Agent of the
other Party as soon as may be after the organization of the
Tribunal, but within a period not exceeding 6 months from the
date of the exchange of the ratifications of this Treaty.
IV. Within four months after the delivery on both sides of
the written or printed case, either Party may, in like manner,
deliver in duplicate to each of the said Arbitrators, and to the
Agent of the other Party, a Counter-Case and additional
documents, correspondence and evidence, in reply to the case,
documents, correspondence, and evidence, so presented, by the
other Party. The Arbitrators may, however, extend the time for
delivering such Counter-Case, documents, correspondence, and
evidence, when in their judgment, it becomes necessary, in
consequence of the distance of the place from which the evidence
to be presented is to be procured. If in the case submitted to
the Arbitrators, either Party shall have specified or alluded to
any report or document in its own exclusive possession without
annexing a copy, such Party shall be bound, if the other Party
thinks proper to apply for it, to furnish that Party with a copy
thereof, and either Party may call upon the other, through the
Arbitrators, to produce the originals or certified copies of any
papers adduced as evidence, giving in each instance such
reasonable notice as the Arbitrators may require.
V. It shall be the duty of the Agent of each Party, within
two months after the expiration of the time limited for the
delivery of the Counter-Case on both sides, to deliver in
duplicate to each of the said Arbitrators and to the Agent of
the other Party a written or printed argument showing the pints
and referring to the evidence upon which his Government relies;
and the arbitrators may, if they desire further elucidation with
regard to any point, require a written or printed statement or
argument or oral argument by counsel upon it; but in such case
the other Party shall be entitled to reply either orally, or in
writing, as the case may be.
VI. In deciding the matters submitted to the Arbitrators they
shall be governed by the following three rules, which are agreed
upon by the High Contracting Parties as rules to be taken as
applicable to the case, and by such principles of international
law not inconsistent therewith as the Arbitrators shall
determine to have been applicable to the case.
RULES A neutral Government is bound --
First. --To use due diligence to prevent the fitting out,
arming or equipping, within its jurisdiction, of any vessel
which it has reasonable ground to believe is intended to cruise
or to carry on war against a Power with which it is at peace;
and also to use like diligence to prevent the departure from its
jurisdiction of any vessel intended to cruise or carry on war as
above, such vessel having been specially adapted, in whole or in
part, within such jurisdiction, to warlike use.
Secondly. -- Not to permit or suffer either belligerent to
make use of its ports or waters as the base of naval operations
against the other, or for the purpose of the renewal or
augmentation of military supplies or arms, within such
jurisdiction, to warlike use.
Thirdly. --To exercise due diligence in its own ports and
waters, and, as to all persons within its jurisdiction, to
prevent any violation of the foregoing obligations and duties.
XXIX. It is agreed that, for the term of years mentioned in
Article XXXIII of this Treaty, goods, wares, or merchandise
arriving at the ports of New York, Boston, and Portland, and any
other ports in the United States which have been, or may from
time to time be, specially designated by the President of the
United States, and destined for Her Britannic Majesty's
possessions in North America, may be entered at the proper
Custom House and conveyed in transit, without the payment of
duties, through the territory of the United States, under such
rules, regulations, and conditions, goods, wares, or merchandise
may be conveyed in transit, without the payment of duties, from
such possessions through the territory of the United States for
export from the said ports of the United States. It is further
agreed that, for the like period, goods, wares, or merchandise
arriving at any of the ports of Her Britannic Majesty's
possessions in North America, and destined for the United
States, may be entered at the proper Custom House, and conveyed
in transit, without the payment of duties, through the said
possessions, under such rules and regulations and conditions for
the protection of the revenue, as the Governments of the said
possessions may from time to time prescribe; and under like
rules, regulations, and conditions, goods, wares, or merchandise
may be conveyed in transit, without payment of duties, from the
United States through the said possessions to other places in
the United States, or for export from ports in the said
possessions.
XXX. It is agreed that, for the term of years mentioned in
Article XXXIII of this Treaty, subjects of Her Britannic Majesty
may carry in British vessels, without payment of duty, goods,
wares, or merchandise from one port or place within the
territory of the United States upon the St. Lawrence, the Great
Lakes, and the rivers connecting the same, to another port or
place within the territory of the United States as aforesaid;
provided, that a portion of such transportation is made through
the Dominion of Canada by land carriage and in bond, under such
rules and regulations as may be agreed upon between the
Government of Her Britannic Majesty and the Government of the
United States. Citizens of the United States may for the like
period carry in United States' vessels, without payment of duty,
goods, wares, or merchandise from one port or place within the
possessions of Her Britannic Majesty in North America, to
another port or place within the said possessions; 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 Britannic Majesty and the Government of
the United States. The Government of the United States further
engages not to impose any export duties on goods, wares, or
merchandise carried under this Article through the territory of
the United States; and Her Majesty's Government engages to urge
the Parliament of the Dominion of Canada and the legislatures of
the other Colonies not to impose any export duties on goods,
wares, or merchandise carried under this Article; and the
Government of the United States may, in case such export duties
are imposed by the Dominion of Canada, suspend, during the
period that such duties are imposed, the right of carrying
granted under this Article in favor of the subjects of Her
Britannic Majesty. The Government of the United States may
suspend the right of carrying granted in favor of the subjects
of Her Britannic Majesty under this Article, in case the
Dominion of Canada should, at any time, deprive the citizens of
the United States of the use of the canals in the said Dominion
on terms of equality with the inhabitants of the Dominion, as
provided in Article XXVII.
XLIII. The present Treaty shall be duly ratified by Her
Britannic Majesty, and by the President of the United States of
America, by and with the advice and consent of the Senate
thereof, and the ratifications shall be exchanged either at
London or at Washington within six months from the date thereof,
or earlier if possible.
In faith whereof, we, the respective Plenipotentiaries, have
signed this Treaty, and have hereunto affixed our seals.
Done in duplicate at Washington, the 8th day of May, in the
year of Our Lord, 1871.
(L.S.) DE GREY & RIPON.
(L.S.) STAFFORD H. NORTHCOTE.
(L.S.) EDWD. THORNTON.
(L.S.) JOHN A. MACDONALD
(L.S.) MOUNTAGUE BERNARD.
(L.S.) HAMILTON FISH.
(L.S.) ROBT. C. SCHENCK.
(L.S.) SAMUEL NELSON.
(L.S.) EBENEZER ROCKWOOD HOAR.
(L.S.) GEO. H. WILLIAMS.
END
