"7. The Passage Of Goods In Bond Through The Respective Territories As
Heretofore.
"8. A common use of ports on both sides of the Continent."
It seems to me, now, in 1887, that this paper sums up a question of the
past, now re-appearing in full prominence. It also sums up what ought
to be done if civilization and friendship between English-speaking
nations still exist.
[Endnote 1]
The Government of the United States being equally desirous with Her
Majesty the Queen of Great Britain to avoid further misunderstanding
between their respective citizens and subjects in regard to the extent
of the right of fishing on the coasts of British North America secured
to each by Article I of a Convention between the United States and
Great Britain, signed at London on the 20th day of October, 1818; and
being also desirous to regulate the commerce and navigation between
their respective territories and people, and more especially between
Her Majesty's possessions in North America and the United States, in
such manner as to render the same reciprocally beneficial and
satisfactory, have respectively named Plenipotentiaries to confer and
agree thereupon - that is to say, the President of the United States of
America, William L. Marcy, Secretary of State of the United States; and
Her Majesty, the Queen of the United Kingdom of Great Britain and
Ireland, James, Earl of Elgin and Kincardine, Lord Bruce and Elgin, a
peer of the United Kingdom, knight of the most ancient and most noble
Order of the Thistle, and Governor General in and over all Her
Britannic Majesty's provinces on the continent of North America and in
and over the island of Prince Edward - who, after having communicated to
each other their respective full powers, found in good and due form,
have agreed upon the following articles: -
ART. I. It is agreed by the high contracting parties that, in addition
to the liberty secured to the United States fishermen by the above-
mentioned convention of October 20, 1818, of taking, curing, and drying
fish on certain coasts of the British North American Colonies therein
defined, the inhabitants of the United States shall have, in common
with the subjects of Her Britannic Majesty, the liberty to take fish of
every kind, except shell-fish, on the sea-coasts and shores, and in the
bays, harbours, and creeks of Canada, New Brunswick, Nova Scotia,
Prince Edward's Island, and of the several islands thereunto adjacent,
without being restricted to any distance from the shore; with
permission to land upon the coasts and shores of those colonies and the
islands thereof, and also upon the Magdalen Islands, 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
British fishermen in the peaceable use of any part of the said coast in
their occupancy for the same purpose.
It is understood that the above-mentioned liberty applies solely to the
sea fishery, and that the salmon and shad fisheries, and all fisheries
in rivers and the mouths of rivers, are hereby reserved exclusively for
British fishermen.
And it is further agreed that, in order to prevent or settle any
disputes as to the places to which the reservation of exclusive right
to British fishermen contained in this article, and that of fishermen
of the United States contained in the next succeeding article, apply,
each of the high contracting parties, on the application of either to
the other, shall, within six months thereafter, appoint a commissioner.
The said commissioners, before proceeding to any business, shall make
and subscribe a solemn declaration that they will impartially and
carefully examine and decide, to the best of their judgment and
according to justice and equity, without fear, favour, or affection to
their own country, upon all such places as are intended to be reserved
and excluded from the common liberty of fishing under this and the next
succeeding article, and such declaration shall be entered on the record
of their proceedings.
The commissioners shall name some third person to act as an arbitrator
or umpire in any case or cases on which they may themselves differ in
opinion. If they should not be able to agree upon the name of such
third person, they shall each name a person, and it shall be determined
by lot which of the two persons so named shall be the arbitrator or
umpire in cases of difference or disagreement between the
commissioners. The person so to be chosen to be arbitrator or umpire
shall, before proceeding to act as such in any case, make and subscribe
to a solemn declaration in a form similar to that which shall already
have been made and subscribed by the commissioners, which shall be
entered on the record of their proceedings. In the event of the death,
absence, or incapacity of either of the commissioners, or of the
arbitrator or umpire, or of their or his omitting, declining, or
ceasing to act as such commissioner, arbitrator, or umpire, another and
different person shall be appointed or named as aforesaid to act as
such commissioner, arbitrator, or umpire in the place and stead of the
person so originally appointed or named as aforesaid, and shall make
and subscribe such declaration as aforesaid.
Such commissioners shall proceed to examine the coasts of the North
American Provinces and of the United States embraced within the
provisions of the first and second articles of this treaty, and shall
designate the places reserved by the said articles from the common
right of fishing therein.
The decision of the commissioners and of the arbitrator or umpire shall
be given in writing in each case, and shall be signed by them
respectively.
The high contracting parties hereby solemnly engage to consider the
decision of the commissioners conjointly, or of the arbitrator or
umpire, as the case may be, as absolutely final and conclusive in each
case decided upon by them or him respectively.
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