FISHERIES: CANADA AND NEWFOUNDLAND Protocols signed at Washington February 15, 1888 Entered into force February 15, 1888 Expired February 15, 1890 I Malloy 738; Treaty Series 138-2 BRITISH PROTOCOL The Treaty having been signed1 the British Plenipotentiaries desire to state that they have been considering the position which will be created by the immediate commencement of the fishing season before the Treaty can possibly be ratified by the Senate of the United States, by the Parliament of Canada, and the Legislature of Newfoundland. In the absence of such ratification the old conditions which have given rise to so much friction and irritation might be revived, and might interfere with the unprejudiced consideration of the Treaty by the legislative bodies concerned. Under these circumstances, and with the futher object of affording evidence of their anxious desire to promote good feeling and to remove all possible subjects of controversy, the British Plenipotentiaries are ready to make the following temporary arrangements for a period not exceeding two years, in order to afford a "modus vivendi" pending the ratification of the Treaty. 1. For a period not exceeding two years from the present date, the privilege of entering the bays and harbors of the Atlantic coasts of Canada and of Newfoundland shall be granted to United States fishing vessels by annual Licenses at a fee of $12 per ton-for the following purposes: The purchase of bait, ice, seines, lines, and all other supplies and outfits. Transshipment of catch and shipping of crews. 2. If during the continuance of this arrangement, the United States should remove the duties on fish, fish oil, whale and seal oil (and their coverings, packages, &c.,) the said licenses shall be issued free of charge. 3. United States fishing vessels entering the bays and harbors of the Atlantic coasts of Canada or of Newfoundland for any of the four purposes 1A treaty (S. Conf. Ex. M, 50th Cong., 1st sess.) concerning interpretation of art. I of convention of Oct. 20, 1818 (TS 112, ante, p. 57), was signed at Washington Feb. 15, 1888, approved by Canada May 4, 1888, and by Newfoundland May 9, 1888, but rejected by the Senate Aug. 21, 1888. mentioned in Article I. of the Convention of October 20, 1818, and not remaining therein more than twenty-four hours, shall not be required to enter or clear at the custom-house, providing that they do not communicate with the shore. 4. Forfeiture to be exacted only for the offences of fishing or preparing to fish in territorial waters. 5. This arrangement to take effect as soon as the necessary measures can be completed by the Colonial Authorities. WASHINGTON, February 15th, 1888. J. CHAMBERLAIN L. S. SACKVILLE WEST UNITED STATES PROTOCOL The American Plenipotentiaries having received the communication of the British Plenipotentiaries of this date conveying their plan for the administration to be observed by the Governments of Canada and Newfoundland in respect of the Fisheries during the period which may be requisite for the consideration by the Senate of the Treaty this day signed, and the enactment of the legislation by the respective Governments therein proposed, desire to express their satisfaction with this manifestation of an intention on the part of the British Plenipotentiaries, by the means referred to, to maintain the relations of good neighborhood between the British Possessions in North America and the United States; and they will convey the communication of the British Plenipotentiaries to the President of the United States, with a recommendation that the same may be by him made known to the Senate for its information, together with the Treaty, when the latter is submitted to that body for ratification. WASHINGTON, February 15, 1888. T. F. BAYARD EXTRADITION Convention signed at Washington July 12, 1889, supplementing article X of treaty of August 9, 1842 Senate advice and consent to ratification, with amendments, Feb- Ratified by the President of the United States, with amendments, Ratified by the United Kingdom March 8, 1890 Ratifications exchanged at London March 11, 1890 Proclaimed by the President of the United States March 25, 1890 3 Supplemented by agreements of December 13, 1900;2 April 12, 1905; 3 4 Terminated June 24, 1935, by treaty of December 22, 1931, except as to Canada, the Irish Free State, New Zealand, and South Africa 26 Stat. 1508; Treaty Series 139 EXTRADITION CONVENTION BETWEEN THE United States of America AND HER BRITANNIC MAJESTY, SUPPLEMENTARY TO THE TENTH ARTICLE OF THE TREATY, CONCLUDED BETWEEN THE SAME HIGH CONTRACTING PARTIES ON THE NINTH DAY OF August, 1842 Whereas by the Tenth Article of the Treaty concluded between the United States of America and Her Britannic Majesty on the ninth day of August, 1842, provision is made for the extradition of persons charged with certain crimes; 8 And Whereas it is now desired by the High Contracting Parties that the provisions of the said Article should embrace certain crimes not therein speci 1The U.S. amendments called for addition of the phrase "when voluntary" after the word "Manslaughter" in art. I, para. 1, and deletion of the phrase "obtaining money, goods, or valuable securities by false pretenses" after the word "larceny" in art. I, para. 3. The text printed here is the amended text as proclaimed by the President. 2TS 391, post, p. 256. 7 TS 458, post, p. 272. TS 666, post, p. 392. 'TS 719, ante, vol. 6, p. 5, CANADA. ⚫TS 849, post, p. 482. 'Terminated for South Africa Apr. 30, 1951, by treaty of Dec. 18, 1947 (TIAS 2243, ante, vol. 11, p. 512, SOUTH AFRICA). 'TS 119, ante, p. 82. fied, and should extend to fugitives convicted of the crimes specified in the said Article and in this Convention; The said High Contracting Parties have appointed as their Plenipotentiaries to conclude a Convention for this purpose, that is to say: The President of the United States of America, James G. Blaine, Secretary of State of the United States; And Her Majesty, the Queen of the United Kingdom of Great Britain and Ireland, Sir Julian Pauncefote, Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George, Knight Commander of the Most Honorable Order of the Bath, and Envoy Extraordinary and Minister Plenipotentiary of Her Britannic Majesty to the United States; Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following Articles: ARTICLE I The provisions of the said Tenth Article are hereby made applicable to the following additional crimes: 1. Manslaughter, when voluntary. 2. Counterfeiting or altering money; uttering or bringing into circulation counterfeit or altered money. 3. Embezzlement; larceny; receiving any money, valuable security, or other property, knowing the same to have been embezzled, stolen, or fraudulently obtained. 4. Fraud by a bailee, banker, agent, factor, trustee, or director or member or officer of any company, made criminal by the laws of both countries. 5. Perjury, or subornation of perjury. 6. Rape; abduction; child-stealing; kidnapping. 7. Burglary; house-breaking or shop-breaking. 8. Piracy by the law of nations. 9. Revolt, or conspiracy to revolt by two or more persons on board a ship on the high seas, against the authority of the master; wrongfully sinking or destroying a vessel at sea, or attempting to do so; assaults on board a ship on the high seas, with intent to do grievous bodily harm. 10. Crimes and offences against the laws of both countries for the suppression of slavery and slave-trading. For additions to list of crimes, see treaty of Dec. 13, 1900 (TS 391), post, p. 256; convention of Apr. 12, 1905 (TS 458), post, p. 272; and conventions of May 15, 1922 (TS 666, post, p. 392), and Jan. 8, 1925 (TS 719, ante, vol. 6, p. 5, CANADA), with respect to Canada. Extradition is also to take place for participation in any of the crimes mentioned in this Convention or in the aforesaid Tenth Article, provided such participation be punishable by the laws of both countries. ARTICLE II A fugitive criminal shall not be surrendered, if the offence in respect of which his surrender is demanded be one of a political character, or if he proves that the requisition for his surrender has in fact been made with a view to try or punish him for an offence of a political character. No person surrendered by either of the High Contracting Parties to the other shall be triable or tried, or be punished for any political crime or offence, or for any act connected therewith, committed previously to his extradition. If any question shall arise as to whether a case comes within the provisions of this Article, the decision of the authorities of the government in whose jurisdiction the fugitive shall be at the time shall be final. ARTICLE III No person surrendered by or to either of the High Contracting Parties shall be triable or be tried for any crime or offence, committed prior to his extradition, other than the offence for which he was surrendered, until he shall have had an opportunity of returning to the country from which he was surrendered. ARTICLE IV All articles seized which were in the possession of the person to be surrendered at the time of his apprehension, whether being the proceeds of the crime or offence charged, or being material as evidence in making proof of the crime or offence, shall, so far as practicable, and if the competent authority of the state applied to for the extradition has ordered the delivery thereof, be given up when the extradition takes place. Nevertheless, the rights of third parties with regard to the articles aforesaid shall be duly respected. ARTICLE V If the individual claimed by one of the two High Contracting Parties, in pursuance of the present Convention, should also be claimed by one or several other Powers on account of crimes or offences committed within their respective jurisdictions, his extradition shall be granted to that state whose demand is first received. The provisions of this Article and also of Articles II to IV, inclusive, of the present Convention, shall apply to surrender for offences specified in the aforesaid Tenth Article, as well as to surrender for offences specified in this Convention. 308-581-74- -15 |