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] am in poseession of ir onder leave since July last ‘There is a building ner known as Purdy’s warehouse. wae a breastwork erected ibere ty my cirec tions, it was about 250 feet souti of the fac- tory. At the western extremity it comes in- tothe bank. A porticn of the first erection wae torn down, I did not see it at all. never received any intimationes before it was tore down, Dor bad any notice served upon

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jurticles, In case any question should arise be- | the Goverumant of the United States and the! Arr 42, The treaty shall be du'y ratified | tended to the city; cn the core tween the Governpents of the United States and) Government of Her Britannic Majesty, The | by the President of the United States of Ameri-’ period no more remete than 1868 There ©f Mer Britannic Majesty, a« to the commen | Government of the United States furthar en- ca, end by and with the advice and consent of

right of fishing ret therein designated or resery it ie agreed that a commission shal) be appointed

gages not to impose any expo.t duties on | ° ‘goods, wares or merchandize carried under

| te designate snch pluce, and shall be constituted | hi. criole through the teritory of the United

in the saupe manver, and have the some powers, cuties and authorities as the Commissiouers ap-

pointed under said firet article of the treaty wt |

the Sth of June, 1851. Ant. 2],

States, and }ier Britannic Majesty's Govern- |meytengageato urge the Parliament of the Dominion of Canada, and the Leyislatures of

It ie agreed that for the term of| the other Colonies, not to impose any export | hereunto affixed our seals,

me. ‘The tiret thing | knew was that it was. years mentioned in article 33 of this treaty, that | duties on gouds, wares or merchandize carried

tora down. Il wasin Charlottetown at the time, I thougtt it was Gesrable to erect «w breastucyk. IJ took my foreman, Mr. MeDona'd out cp the ice, and instructed bim to be particular in keeping within course of the line of Pownal Street, eo that the poles would be still west of Powns) Stree. line aad there I left the matter with Lim to finish. i esw it aiter it was commeuced at the west, but never saw the eastern part. On the second March one of my men came in and seid that the breastwork was torn down ‘The men were working at it. but had not yet completed it. I did not see the ground-work oi the eastern end of it. [told the men to be partiecelar to keep within the |ine, so that thers might be room for driving the piles at the eastern extension Thomas Flynp—por apy persons gave me the slighest notice that I was (rospassing On the Street The dis- tance thac | ordered the men to keep from the wharfwas, I thik aboce 10 tect. After is was pulled down, I waiked over to see what was left. Five of the men were summened to the Police Court I think on Tuesday; to appear there op friday at 1] o'clock. After it wes torn down, | instructed my men tore- build it ag fast as possible—as since we were to buve @ fight. we migtt as well fight it out tothee.d. Powns!l Whari ix net straight —tratie, itis not atright angles to Water Street, ueitier is it parellel with Pownal Street. It has gradually encroached west- wad. <A portion was done las year. I un- Ceretand it Was done uider the supervision of Mr. Douglas, city surveyor. The whari

bee swerved the last 20 years s littie more to|

the wertward each year. | instructed my Avtorney, end & Commupigstion took place between him and the Corporation I do not remember that they took eny notice of 1t. I tien commernceden action in chancery to pre- vent them from again demolishing the breaet- work, The width now between the west side oi the wharf and the east eide of the breast- work is about 5 feet at the top, and 7 feet at the bottom.

Mir. E. Palmer here interrupted by saying, we do pot know who ownes the whuri whetber the Ory or the Crown, but this is a gublie prosecution.

1 told Mr, Douglas what I would take for a wekr Lot—sey 200 feet trom the tuctory, Phe factory ie @ steaw factory, for the mang- jucture of barrele &c. I am texed on £12.- oO for the mili, and the tex for the water Lot ig included on it | think. 1} was present when Metry was examied in the Court be- ow, and beard him give his eyidenee, 1 thought L wug occupy:ng my own property— and think tostiil—and when | bad more time + weu my Intention—and is my intentior—to commence au action egainst the City,to cause (im te remove the western part of Pownal street Wharf. IT bave notrficd them to that cleet. Lheerd Merry etate yesterday that bs measured the J etunce, but he did not sake the same statement that he made the time before ia the Muycr’s Court. He said ti at be meavored the distance, and when usi- ec, be put it at 3, 4, or 5 feet — a swaill dite- (ocee— and when asked if he wou!d put it at

leet, he said he would not. ‘lhey were to coeaeure from the east side of the mill to the

eet side of the whar!, # distance of 23 feet. then atter that he went down snd measared hem the end of the wharf to the out end of the breastwork,

Cross-ezamined by Mr, E. Palmer, I firet

ane bere on the 29th May, 1460. J koow cothing stout the property betcre I came ie, There mighs be the right of-way there tor the last thousand years {cy ought I kaow. | bought the property from Mr. Evans, ard get itfrcm Mr. Purdy, and Mr. Purdy

_ tut frem the Ordnance. | bad no notice ‘the work berng pulled down, until it was eddows, Jf know that I Lad given di-

rc ters to baild again, [It was buit up and co hed down before Lknewit, I was busy in my Cfee. I eaid tothe men to leave about © feet space, The reason I said eo, was be- cee l thought that side of the Whar! was om the western extremity of Pownal] Sereet. | was not at ail cureiul of what was . Sv long as I did not trespass on the line

‘ Pownal Sueet. It was the city’s lookuut

they exceeded the Jine of Pownal Street}

wcerward with their wharf, they would be fog mto the gap. Merry wes asked inthe

oj ors Court it be would ewzarif there was > ‘cet betweeo the wharf and the bre: stwork soa be eaid that he would net, Mr. Lic dgsom asked bim the question. The ques- cop bad relerence to the ubstruction beture it wae pulleddcwo, He guid that he measpred ‘he Cistunee from the west side of Powpal *Sert, but that be did not measure the gap. lic said that be bad inches stamped upon o ole. He posit.vely refused to answer ahen tLe qacetion wes put, wil! you swear that the gap was 6 fect wide—be sad I wi'l not. If be Ruew thatit was 2g lee, I do not sec wiy Le should hesitate to ewear that was 1 do not kuow that | ever caw any cue come ashore there in summer, I think | cow & ‘ighter come up ones. J have seen the rell wateruptheir, Lumrure that it was eu t water from the best poreible evidence,tor Tbave tasted it, I belege in water, and | may odd, Mr. Palmer, for your infomation that lam trying to get some tresh water by Ggpging pearthe springs down tuere, At the very cornerof the milla thee is some- (bung Letween 2 end 4 feet of water,

(To be Continucd.)

wl,

‘the Washington Treaty.

tS FULL TEXT OF THE OFFICIAL PCCUMERT.

THE FIsHERINS,

ART. 18, It w agreed by the hich contractirg partie (hat m addition to the liberty secured to ‘ue Conted States fishermen by the eonvention tetweea the Danted Bates and Great Britain, ex ned at London on the 20th day of October, s£10, of teking enring aud dr; ing fish on certaw of tbe Brite North American Coloniee

riety €cfined, the inhabitants of the United *tgtee shail have, iu eemmon with subjects of Mer

) antic Majesty, the hberty tur the term of )ects mem loned in article 33 of the tresty, te ake Son of every kind except shell fish on the eu Coast and shores aad in the bays, barbors and crcehe of te provinces of Quebec, Nova Beotia New Brenewiek and the colony of Prmee Ed- cwalds lelund, and of the exveral islands there ito acjucent, without being restricted to any o litem the shure, with permission t« land pou Lue said Coasts, aud sbures, aed islands and vo Upon tbe Magdalen Islands, for the purpose cri g thew wets and curing their fish: Provie i fatio se duing they du aut interfere witb © © .bts of private property, or with the British “been 10 the peaceable use of apy part of the Cousts in their occupancy for the same pur- It is understood that tue above-weptionea tly apples solely to the sea fishery, aud that tLe salmon and ebad fisheries, aud al other fisk- ‘ies 00 rivers, and the mout) of rivers are here » ‘eserved exclusively for British fishermen. Ast. 12, It ts agreed by (be bigh coniracting porves Coat Britueh subjects ehall have in cou mon 14 (Le eitizeos of the United States, the liberty the term of years mentioned in article 33 of » reaty, to lake fish of evory kind except ebell , u the eastern ses coast and shores of tbe ed States north of the 39th parallel of ‘th latstude, aud op the shores of the several

cde thereunto aéjacent, end inthe bays, har. » and ereeks of the said seacosts and shores of

ioe LU nued States and of the said wlands, without « testtieted te any distance from the ebore,

i. perniesion to laud cpou said coasts of the ted States and the wiends atoresaid, for the

se Of drying their nets vod curing their fish ; viced, That in sv dowg they de net interiere

b the rights of private property, or with the sLenmen et the Uaited States in the peceesble of avy part of said coasts in their oceuparcy (he came purpose, it ye urderstoed that the

¢ weotjoned hberty applies solely to the wea fabery and that the salmon and shad fisheries L ethea fiehenes in rivera gnd mouths of rivers ate hereby reserved exelusisely fur fisher-

ol the United Bietes,

Aut, Be It is egteed thet the places desi. ed by the Commissioners, appointed under Carticle of the treaty between the United

ind Great Britain, concluded at Washing

(we Sth of Jan y.. Ie64. opon the couste of ‘Mtawnie Majesty's dominions and of the Sales, #2 places rea ved trow tbe com-

Guele

| fish off and fish of all kinds, *‘ except fish of the ‘inland lakes and of the raine falling inte them, |wnd except fish preserved in oil, being the pro ‘duce of the fisheries of the United Btates, or of ! the Dowimiou of Canada, or of Prince Edward's }laland.” sball be adwitied iuty each country | respectfully, free of duty.

ART 22. Inasmuch asit is erserted by the | Government of ber Britannic Majesty that the | privileges accorded to the citizens of the Un ted States under article 18 of thie treaty are of B | greater value than these accorded by articles 19 lund 2] of this treaty to the subjects of Her Brit- aunie Majesty and this assertion is not adumutted

y the Government of the United States, it is fur- | ther agreed that Couwissioners shall be appeit-

ed to determine, having regard the the privileges given by the United Sates to the subjects of Her Britanvie Majesty, as stated inarticles 19 ard 2] of thie treaty, the amount, i! any. ef compensation which ip their opinion ought to be paid by the Government of the United States to the Govern- ment of Her Britannic Majesty, in return for the priv iliges accorded to the citizena of the United States under article 18 of his treaty. Any sum jet money which the Commissioners inay so | award shall be paid by the Ucited States Gov- jernwent in a gross sum within twelve months | after such award shall have been given. |. doe. & The Commissioner a reterred to in | the preeeeding article sba!] be appointed in the following manner that is to say: One Comme. | isvioner shaii be named by the President of the | United Siates, one by Her Britsnnie Majesty, aud a third by the Presidentand Her Britannic | Majesty conjomtiy, avd in case the third Comm | issioner shall not buve been so named within a period of three wonths trom the date when thie | article shall take effect, then the Commissioner shall be named by the representative at London ot bis Majesty the Emperor of Austria and King of Hungary, In case ot the death, absence or incapacity of any Commissioner, a: d in the event | of any Commitsioner omitting or ceasing to act, the vacany suall be filled in manver hereinbefore | provided for making the original apsvintwent; | the period of three months in cage of such subst’ ‘tution being calculated frem date of the happen. jing of the varcarey. The Commissioners named ; Shell meet io the City of Halifax. in the Province of Nova Scotia, at the eailiest convement period alter they have been iespectively nem-d, and | ehall beture proceeding tu any business, wake aod eubscribe te a ule mn declaration that they will impartially and careiully exomine aud decide wetiers referred to them to the best of their judgment aud according to justice and equity, and such declaration shall be entered upon the re cord ot their proceedings. Each ct the high contracting powers sbull also nawe une person to atieud the Commission as its agent to represent it generally ia ull matters connected with tke Cowmtiission,

Art. 24. The proceedings shal] be eondueted in such order as the Coumissionera pppointed under articles 22 and 23 of this treaty sali de termine, They ehall be bound te receive such oral or wrilten testimony as either Government may present. Ii either party shall effer oral tes- timovy, the otber party shali have the right ot crost-examination, under such rules as the Com- missioners sbali preseribe, If, in the case eub- witted to the Commisioners, either party shall have specified or alluded to any report, in ite own ¢éxclusive possession, without annexing a eopy shall be bound, if the other party think pro- | per to apply for it, to furnish that party wilh a | copy thereof, and either party may cajl upon the other, through the cemuuissionere, to preduce the originals or certified copies of any papers adda ced, as evidence, giving, in each instance, such reaeonable notice as the comsniesioners shal! re- quire, The vase on cither side sball be closed | witbio a period of eix months from the date of the organization of the commiesion, and the come. missioners sball be requested to give their award as soon as possible thereaiter, The aforesaid period of six months may be extended for three wenths iw case of a vacancy occurring among the commissioners. under the circumstances contem- plated in article 23 of this treaty,

AkT, 25, The Commissioners shall keep an accurate record and correct minutes or notes of all their proceedings, with the dates thereof. and /may appoint and employ a secretary and any | other necesear> officer or officera to aesist them jin the transaction of the busiress which may |} come before them, Eachof the high contract ing parties sball pay iis own commussioner and agent or counsel; all other expenses sha!l be de- trayed by the two Governments in equal portions,

THE INTERNAL NAVIGATION Q: ESTION,

| Arr. 26. The navigation of the River St. | Lawtenee, ascending and deserding, trom the | 45th paralle| of north latitude. where it ceases to | form the boundary between the two countries

‘teow, tg and into the sea, shall forever remair | free and oper, for the purposes of commerce, to the citizens of the United States, subjeet to any laws and regulations of Great Britain or of the Deminion of Canada, not inconsistent with such privilege of free navigation. The navigation of be rivers Fucan, Porcupive and Stvkive aecen- ding and decendirg. from, to and into the sea, | shall ever remain free and open, for the purpose | of commerce, to the eftizens of the United States, subject to any laws ard regulations of etther couniry within its territory, net inconsistent with such privilege of free navigation,

ART, 27. The Government of Her Britannic Majesty engages to urge. upou the Government jofthe Deminion of Canada to secure to the citie | zeus of the United States the use of the Welland, St Lawrence, and other cangls in the Dominion on terms etequalty with the inbubitaots of the Dominion ; ard the Government of the United States engeges that the subjects of Hor Britannic Mejesty sha'l enjoy tue use of the St. Clar Flats Cane! on terme of equality with the inbabitants vt the Dewinion, aud turther engage to urge ups op the Btato Governments to secure to the sub- jectsot Har Britapnic Majesty the use of the several State canals connected with the naviga- tion of the lakes or rivers traversed by or contie guous to the boundary ling betweeu the possess- ions of the high contracting parties. on terms ot equality with the inhab.tante of the United States.

Art. 28, The wavigation of Lake Michigan shall also, tor the term of years mentioned in art- wile 33 of this treaty, be tree and open for the purpose of commerce to the subjee's of Her Brit anme Majesty, subject to any iawe and regula- tions of the United Siates. er ot the Grates border- ing (hereon, Hot iBcousisient with such privilege of frer vasigation,

Art. 29, It is agreed that for the term of years yentioned iv article 33 of this treaty, goods, wares, or merchaudize arrived at the | portsof New York, Boston, and Portiand, and any other ports of ihe United States, which have been or may from time to time be specially des- ignated by the Presidest of the United States, ata destined tyr Her Britanme Majesty possess jops in North Awerica, may be entered at the proper Custom House and conveyed in transit without the payment of dutes through the terri- tory of the United States, under soch rules, reg ulations, and conditions for the protection of the retenues, as the Government of the United Bates may from time to time pres- eribe 5 and under like rules, regulations and evn ditions goods, wares, or merchandize may be conveyed ip trapsit, without the payment of du ties froin said possessions, through the territory ofthe United States ior export from the said ports of the United mtaes, Itis turtber agreed that for the like periwd, goods wares, or mer- chandise, arriving at anv ports of Her Britannic Majesty's possessions nm Norih America, and des- tined for the United Biates, may be entered at the preper Custom House and conveyed iv transit without the yayment ot dutier, through the said poseessions under such rules, regulations and conditions for the protection of the revenue, as the Goyeroment of the said possessions way from time to time prescribe; and under hke rues reg- ulations, and conditions, goods, wares, or mer- chandise, way be conveyed in trausit without pay- went of duties trom the United States through said possessivos to other places in the United Slates, or for expert trom ports ia the said p- asessions,

Art. 30. Itisagreed, for the term of years mentioned in art. 33 of this treaty, that subjects of Her Britannic Majesty may cairy, in British vessels, without payment of duties, goods, wares or merchandize from one port or place within the territory of the Uniied States, upon the St Lawrence, the Great Lakes, and the riveis connecting the same to another port or place within the territory of the United States

}

i

vessel :, without paywegt of duty, gocds, wares or merchandize, {rym ong port or place within the possessions of Her Britannic Majesty in Noth America to another port or place with- iu the said porsersicis, provided that a por-| tion of such transportation js made through |

under this ar'icle, Aud the Government of the United States muy in case such export duties are imposed by the Dominion of Cana- Ja, suspend during the period that such duties ure imposed, the right of carrying, granted under this article in favor of the subjects of Her Britannic Majesty. The Goverowest of the United States may ulso suspend the right of carrying, granted in favor ot the subjects of Her Britannic Majesty under this article, in case the Domimion ot Canada should at any tme deprive the citizens of the United States of the use of the cavals in ead Dominion, on terms of equality with the inhabitants of the Deuminion, as provided im article 27.

Axr. 21. The Government cf Her Britan. nie Majesty further engages to urge upon the Parliwnent of the Dominion of Canada and ine Leyis'ature of New Brunswick, that no export or ot:er duty shall be levied ou lum- ber or timber of any kind, cut on that portion of the American territory in the State o! 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 Branswick ; and in cuse any such export or other duty continues to be levied afier the expiratoin of cne year from the date of the exchange of the ratifications of thia treaty, it is azreed that the Government of the United States may suspeud the right of carrying hereinbetore granted | under article 30 of this treaty, for such period as such export duty may be levied.

NEWFCUNDLAND:

Arr. 32, It is further agreed that the pro- visions and stipulations of articles 18 to 25 of this treaty, inclusive, shall extend to the Col- eny of Newfoundland so far as they are ap- plicable ; but if the Imperial Parliament, the Legislature of Newfoundland, or the Congress ot the United States, shall not embrace the Co!ony of Newfoundland in theit laws enacted tor carrying the foregoing articies into effect, this article sball be of no effect, but the omission to make provision by law to give it effect, by either of the legislative bodies afore- said, shal! not in any way impair any other articles cf this treaty.

DURATION OF TREATY,

Art. 33. The foregoing articles, 18 and 25 inciusive, and article 30, of this treaty, ehall 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 Isiand, on the one band, acd by the Congress of the United States on the other, Such assent having been given, the suid articles sh Il re- main iu force for the period of ten yeare, the date at which they may cease to operate, and turther until the expiration of two years after either ot the high contracting patties shall have given notice to the ether of its wish to terminate the same, each of the high cone tracting parties being ut liberty to give sugh notice to the other at the end of the same period of ten years, or any time therealter.

THE BUUNDARY QUE TICN.

Art, 34. Whereas it is stipulated by Ar- ticle 1 of the treaty concluded at Washington on the 15th June, 1846, between the United States of America and Englund, that the line of boundary between the territory of the United States and that of Her Brittannic Ma- jesty, from the poiut of the 49th paraliel of north latitude up to what it had already been ascertained shouid be coutinued westward alung the said parallel! of latitude to the mid- die of the channel which separates the conti- nent from Vancouver’s Island, and thence sogtherly along the middie of said channel and of Fuca Strait to the Pucifie ocean; and whereas the Commissioners appointed by the two high contracting parties to determine that portion of the boundary which runs soutberly through the middie of the channel aforesa were unable to agree upon the same, and whereas the Government of her Britannic Majesty claima that such doundary line should under the terme of the treaty abeve recitified be run through the Rossrio Straits, and the Government of tne United States claims that it shoule be run through the canal de Haro, it is agreed that the respective claims of the Gov- ernment of Her Britannic Majesty and the Goverument of the United Staies shall be sub- mitted to arbitration and award of His Majes ty the Emperor of Germany, who, having re- yard to the above mentioned article of said treaty, shall decide thereupon, fivally and without appeal, which of these claims is most in accordance with the through iuterpretation of the treaty of June Lota, 1846.

Art, 35. ‘The award of His Majesty the Emperor of Germany, shall be considered as absclutely final and conclusive, and full effect shall be given to such award without any ob- jection, evasion for delay whatsoever. Such decision shall be given in writing and dated, It shail bein whatsoever form his Majesty may choose to adopt, representatives and other public agents of the United States ard of Great Britain, respecti~ vely, who may be actually at Berlin, and shall be considered as operative from the date of the delivery thezeot.

Arr. 36. ‘The written or printed case of each ef the two parties, accumpained by the evidence offered in support of same, shali be leid before is Majesty, the Emperor of Ger- many, within siz months from the date of the exchange of the ratification of this treaty,and a copy of such case and evidence shall be com- tmunicated by each party to the other through their respective representatives at Berlin, The high contracting powers may inciyde, in the evidence to be considered by the arbitrator, such documents, official correspondence, and other official or public statements bearing on the subject of the refecence, as they may con sider necessary to the support of their respec- tive cusess After the written or printed case ‘shall have heen communicated by each party to the other, each party shal] have the power of drawing and laying before the arbitrator, and also be mutually communicated in the same manner us aforesaid by each party to the other, within six months from the date of laying the first statement cf the case be- fore the arbitrator.

Arr 37, Ifin the case submitted to the arbitrator, either party shall specify or allude to any report ordocument in its own exclu~ sive possession, without annexing @ 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 eal! upon the other, through the arbitrator, to pros duce the original or certitied copies of any pa- pers adduced as evidence, giving in each in- stance such reasonable notice as the arbitra- tor may reqnire, and if the arbitrator should deste further elucidation or evidence with re- guid to any point contained in the state- ments laid before him, he shall be at liberty to require it from either party, and shall be at liberty to hear one counsel or agent for each party in relation to any matter, and at such time and in such manner as he may ihink fit,

Art, 38. The representatives or other pub- lic agents of the United Siates ond great Bri- tain at Berlin, respectively, shel] be consider ed asthe agents of their respective Govern- ments to conduct their cases beture the arbi- trator, who shall be requested to address ali | communications and vive al! hig notices to sueh representatives or other Jubhe agents, who shall represent their respective Governments generally in all mutters connected with the ar- | bitration. | Aur, 39, It shail be competent to the ar. | bitrator to proceed in the eaid arbitration and | al! matters rejating thereto, as soon and when

as aforesaid, provided thas a portion of such| he shall see fit, either in person or by a per- transportauon is made through tue Duminion| sou or persons named by bim for thet purpose, of Canada by land carr.age, or in Lond, un-| either in the presence or absence of either or der such ilies aud regulations as may be! both agents, and either orally or by written spread upco Letween the Goyernment of Her aiscuasio:, or 0 herw.sey

ritaguic Majesty ard the Government of the |

United States, Citizens of the United States! fit, uppoint a secretary or clerk for the pur- may ‘or the like pericd carry in United States poses of the proppsed arbitration,at such rates

Arr. 40. The arbitrator may, if he think

of rewuneration ae he shallthink proper. This and all other expenses of und connected with said arbitration, sha}i be provided fer us here- inafter stipulated,

Art. 41, The arbitrator shali be requested

to deliver his award,in writing, as early as!

ght of fixlong woder that treaty, shall be) the territory of tte United stares Ly land’ couvenient after the whole case on each side ed as in Like Gwover reversed trom the, Carriage, aud in bond, under such rules and shull be laid before him, and deliver ore copy

~wv) Hight of Leliig wuder the preoveding| regulaions a8 may ye greed upon between therecf tu eweh of the said agente. ,

+

*

It shall be delivered to the

angen gee -

\the Senate thereof, and by Her Britannic Ma-

\jesty, and the ratifieations shal) be exchanged

‘either at Washington or at London, within six mor ths from the date thereof, or earlier if pes ‘sible. In faith whereof we, the respective |plenipotentiaries, have signed this treaty and

Done in duphcate at Washington, the 8th day of May, in the year of our Lord 1871.

The Examiner.

Charlottetown, May 29, 1871.

THE TREATY.

We give to-day that portion of the Treaty that more immediately concerns Prince

that, in fact, since a the line of the wharf has been further extended | waetwebd several feet. If this can be proved, then it is evident that Mr. Carvell

eS —_

trespass and damages, and cause thei to remove it. But it is said that this can not

west side of the wharf being further out, since 1868 than formerly. Those who assert this did not, of course, hear the testi- mony of Mr. Henry Cundall, which was not disputed, and which dves not material- ly differ from the evidence of another) skilful surveyor, Mr. John Ball. Mr.| Cunda)] surveyed the wharf in April, 1871, | and on the 24th of August 1868. That our | readers may clearly understand the whole matter for themselves, we give the result’

Edward Island. Our rejection of the parts of the Treaty relating to ourselves will not) affect, we presume, the Treaty so fur as re- | lates to the settlement of the Alabama claims. So far then, the consideration of) making sacrifices for the sake of peace, and to carry out the designs of the Empire, should have nothing to do with our action | in accepting or rejecting the articles that | refer to our fisheries. Even if it had, we do not know that we should be cal'ed upon to suffer the loss of our rights and privi- leges. It seems to us that the Lion of Britain has become wondrous tame, when he goes down on his marrow bones for the Alabama claims, whilst not a word is said of the Wrongs and injuries inflicted upon us by the Fenian raids. We believe that the) United States Government are more re- sponsible for the raids of the Fenions than is the Government of Great Britain for the damages inflicted by the Alatama. As the Montreal Gazetie says:—*We can scarcely wonder when the honor of the Empire was draggled in the mud, that Canadian interests received but scant con- sideration,” much less should we wonder that the interests of this Island have not been looked after. The only advantage that we see from the Treaty for us, is the privilege of sending Fish duty free to the American market. But, if the Americans are allowed to have free access to our fish- eres for the ensuing ten years, we will have no fish after that period to send there, or, indeed, for home consumption. It is well known that fish are becOwing scarcer every year, and if the American plan is

Cape North to St. Paul's Isiand, the larger species of fish, such as codfish, will not find

permitted to be pursued, in trawling from |

of Mr. Cundall’s survey of the wharf and

‘the localities referred tg. His plan is on a

scale of 30 feet toan inch. We give it ac- curately, on a scale of 90 feet to the inch The line a a a shows the west line of Pow- nal Street. as extended from Rankin’s Corner and the Steam Factory. The line bb & shows the west side of the wharf, as it was in 1851. The line ec ec shows its present position, and the encroachments which have been made since 1868. The other parts of the plan are self-explana- tory.

“LOGULS TVXMOd

their way jnto the Gulf of St. Lawrence. |

in that place, and by the Treaty will have the power to completely shut us cff from catching round our shore a single codfish. It will not beso bad so far us the mackerel is concerned, but our fishermen can not compete with the Americans, and will not be able for yeaas to do so. The so-called advantage offered to us to reciprocate, by permitting us to fish in American waters as far as the 39th parallel. is simply ridicu- lous, and will never be tested by our fish- men.

The Treaty will not be ot any great service to our fishermen, and it offers nothing to our farming interests. If we hold on tw our fisheries for some time longer, and the three mile limit is enforced, we can get far better terms from the Ameri cans than are provided for in the Treaty. By accepting the Treaty, we give up all, and have nothing further to give to induce the American people :o renew the old re ciprocity Treaty. Unless the money com- pensation is very great, and unless the Conimission to settle the amount is a mix- one, with representatives of this Is'and to have their word in the matter, we trust

the Treaty will be rejected by our Legis'a ture.

{From Charlottetown Herald.]

The Treaty embraces three widely differ- ent subjects, bearing no relation whatever to each othcr. These are: the Alabama claims, the San Juan boundary-line, and the Fishery question, te which might be added as cognates, the navigation of Cana- dian waters and the lumber duties of New Brunswick With the two first, we con- ceive we have nothing to do. ‘lhey are not only distinct in themselves and independent of each other but they are also separate from the latter which affects the Colonies alone, and requires to be dealt with differ- ently. It is not to be supposed tht the Commissioners intended nor does the Treaty contemplate, that those Articles re- lating to the settlement of the Alabama claims and the adjustment, of the San Juan boundary-line. were to be submitted to the Colonial Legislatures, either for their rati- fication, amendment. or rejection. The idea is absurd. It is equally ridiculous to suppose that either the amendment or re- jection, on our part, of the Articles by which it is proposed to settle the Fishery question, willin any way affect the decision irrived at by Great Britain and the United States upon the other questions contaimed in the ‘lreaty. From a perusal of its full text, we have come to the conclusion that the Legislatures of the Dominion. of this Island and Newfoundiand, will only have to deal with those subjects which are pure ly Colonial. This is satisfactory, inasmuch as it guarantees us complete freedom of action in dealing with the Fishery ques- tion, °

THE POWNAL WHARF.

Tue Tria) recently held before the Su- preme Court the conc:usion of which we caunot. give until next week, should be read by every one who takes an interest in the City affairs. Pownal Street Wharf was built in the year 1844, and was con- structed so as to adjoin the Ordnance water Lot, which had been granted by Governor Smith to the Earl Mulgrave, for the Ord- nance department. It was buiit then in a straight line, and was intended to leave no space between it and the Ordnance proper- ty ior ingress or egress. The wharf, from time to time, was either built or driven over upon the Ordnance line,and at the time the Ordnance transferred the property to Mr. Purdy, they made an exception to the part of their land whereon the Pownal Street Wharf had over-reaghed, in favor of the City. It appears to us. therefore, that the land upon which the wharf stood at the time of the transfer belongs to the city and that we have a clear right to retain it. Moreover, jn retaining it we do no wrong, because Mr. Purdy knew what he was pur- chasing, and we presume that the present owner of the late Purdy Estate. in that part of the city, had also a knowledge of the fact before getting it into his posses- ‘ston.

So far the City is right. but it is alleged | that the present west line of Pownal Street

| Wharf is not the same as it was when the

|

Ordnance made the transfer te Mr. Purdy.

; and gave the place on which the wharf ex-

_

The American fishermen intercept the fish | ie Pete cee

ap es = & 3, aa WATER STREET. 2 Cx ° 32 se i 7} & ° 2 i > 2 2: etl dd, 2 ~ “ 0 = > = 7 = _

a °c = Ss ® o me tL = a > 2 as > ae 2 i 1s a a 3 > - GI & s S 2 % 19 A a ~ 2. 2 3 2 > — 3 2 5 - i a 2 3B o = 3 s = = q = ® = 3 S > += - = = 7 2 > 5 3 < > 3 a x 2 = > > © ° 5 . 3 > Pe aa eels ~ a