The Sun.
London, England, 1852-08-16 00:00:00

ARTICLE I.

Whereas differences have arisen respecting the liberty
claimed by the United States, for the inhabitants there-
of, to take, dry, and cure fish, on certain coasts, bays,
harbours, and creeks of his Britannic Majesty's dominions
iu America, it is agreed between the high contracting
parties that the inhabitants of the said United States
shall have, for ever, in common with the subjects of his
Britannic Majesty, the liberty to take fish of every kind
on that part of the southern coast of Newfoundland
which extends from Cape Ray to the Remuean Islands,
on the western and northern coast of Newfoundland,
from the said Cape Ray to the Qoirpon Islands, on the
shores of the Magdalen blends, and also on the coasts,
bays, harbours, and creeks, from Mcunt Joly, on tie
southern coast of Labrador, to and through the Straits
of Bellisle, and theece northwardly indefinitely elorg
the coast, without prejudice, however, to any of the ex-
clusive rights of the Hudson Bay Company; end that the
American fishermen shall also have liberty, for ever, to
dry and cure fish in any of the unsettled bays, harbours,
and creeks of the son.herre part of the coast of Newionnd-
land, hercabove described, and of the coast of Labrador;
but so soon as the same, or any portion thereof, shall
be settled, it shall not be lawful for the said fishermen to
dry or cure fish at such portion so settled without pre-
vious agreement for such purpose, with the inhabitants,
proprietore, or possessors of the ground. And the United
States hereby renounce for ever, any liberty heretofore
enjoyed or claimk.d by the inhabitants thereof to take,
dry, or cure fish, on or within three marine miles of
any
of the coasts, bays, creeks, or harbours of hie Bri-
ahie Majesty's dominions in America, not included
within the aboveenentiened limits: provided,, however,
that the American fishermen shall be admitted to enter
such bays or harbours, for the purpose of shelter and of
repairing damages
obtaining water, and therein,for no
of purchasing wood, and of
other purpose whatever. But
they shall be under suchnroe
to prevent their taking, drying,''trieti"smay as
o abusingr
in any other manner whatevertherein,
privilegeso
hereby reserved to them.fithshe

line
IL
It is agreed that aiill edl the most north-
western point of the Lake of the from
parallel of north latitude, or if tt saidoods: along the 49th
be in the 49th parallel of north latitude point shall not
from the said drawn point duo north t, then that a line,
may be, until the said line shall intersect as the case
rsllel of north latitude, and from the point
the said pa
section due west along and with the Pnrd't of such inter-
be the line of demarcation between the terAatnrajel, shall
United States and those of his Britannic I„'',,:', of the
that the said line shall form the northern bO'o-snl, and
the said territories of the United States, and the southern
of
boundary of the territories of his Britannic Majesty, from
the Lake of the Woods to the Stony Mountains. 'ein
A.RTICIX 111.
It is agreed that any country that may be claimed by
either party
.on the North-west coast of America, west-
ward of the Stony &fountains, shall, together with i,B
harbours, bays, and creeks, and the navigation of all
rivers within the same, be tree and open for the term
of ten years from the date of the signature of the pre-
sent convention to the vessels, citizens, and subjects ot
the two powers; it being well understood that this
agreement is not to be construed to the prejudice of
any claim which either of the two high contracting
parties may have to any part of the said country, nor
shall it be taken to effec, the claims of any other power
or state to any part of the saidcountry; the only
object a the high
contracting parties in that res-
Peet bein t
thenaselveg a prevent disputes and differences amongst

All the ARTICLE IV.
and,„,.._
TProvisions of the convention "to regulate
d 4-IT!. ee. between the territory of the United States
the h 4 ; Britannic Majesty," concluded at London, on
the excepl::oJ,uly, in the year of our Lord 1815! ith
tour years,
and 1 the clause which limited
affected by t excepting also so for its
durwl°ll
to
the island of st.declaration of his Majestyasthe same
was
yeeaartsenfdreodm endthe con-
of oent
date
in force foZieurt are hereby respecting
of the signature ".`n term of ten
of 0.,
manner as if all the "'e Present • convention, in the same
were herein speciall Pr°.viAl°o y recited,
a of the said convention
Whereas it was agri,tre,, T.
of Ghent, that " All ter 1?37 tykl° 6rat article
whatsoever, taken by eithrelt"- ' paces2l of the treaty
the war, or which may be rtat.rntY !rem the L3ossessions
sinning) er, during
treaty, excepting only the islaa-d„aLter the
shall be restored without deley,;,;l7inafteet,:ime of this
destruction, or carrying away any wi'aeut causnietioned,
other public property originally catufr,Lhe artillegryanoyr
forts or places, which shall remain therZn „in the aid
change of the ratifications of this treaty-.o"P°n the ex-
or other private property ;" end, wherear,ianY slave%
aforesaid article, flap United States claim fe';ll,huder the
Sns, and as their private property, the r,:. -`"Eir chi-
stEnti n ,
or full compeasaticn for, ell slaves who, at the ,?--- 0,,
the exchange of the ratificetiens of the said - "me of
treaty Here
in 4
s,. nY territory, pieces, or pf:sessiens whatsoever, d
•6,e;teed by the, said treaty to be restored to the Un'iteCi
14,,,,,_3. but then btill eccepi,,d by the British forces,
uetuer R •
"a slaves were, t: t tho dsto aforesaid, on
shore,
• er ou board any 13:1:i,;!) vss, I, lying
in water Nei:. - Doni •di —*
of the United --tite thee, to or jaris A.,ion
have aft„„ • StVes ; and whereas differences
meaning of wnrer, by tale
treaty of Ghe.,t, thee aforesaid article of the
restoration of, or full?, United States are entitled to the
as above deicribec), thalPenhatiun for, all or arty slaves,
agree to refer the said differences contracting parties hereby
reign or state, to be named eifsces to some friendly 90110•
high contracting parties furtherr that purpose; and the
en
decision. of such friendly e0,,,,r
c'' .gage to consider the
and conclusive on all the mattorsr or sate to be final
ARTICLE -meferred.
____

This convention, when the sanle shall have been duly

~,,'~'

TA.E

ratified by the President of the United States, by 'and
with the advice and consent of their Senate, and by his
Bri'annic Majesty, an i , respective ratifications
mutually exchanged, shell be binding and obligatory on
the said United States, and ore his Majw.ty ; and the
tarifiwititlts shall be exchanged in six mont'a, from this
date, or sooner, if possible.
In witzeas whereof, the respective Plenipotentiaries
lw/e signed the same, and have thereunto affixed the
seal of their arms.
Done at London, this twentieth day of October, in the
year of our Lord one thousand eight hundred and eighteen.
(L s.) ALBERT GALLATIN.
(L.S.) RICHARD RUSH.
(L .S.) FREDERICK JOHN ROBINSON.
(L. S.) HENRY GOULBURN.
Now, therefore, be it known, that I, James Monroe,
President of the United States, have caused the said
convention to be made public, to the end that the same,
and every clause and article thereof, may be observed
and fulfilled, with good faith, by the United States, and
the citizens thereof.
In witness whereof I have hereunto set my (L. a.)
hand, and caused the seal of the United Staten to be
affixed.
Done at the city of Washington, this thirtieth day
of January, in the year of our Lord' one thousandhe
eight hundred and nineteen, and of independence t
forty-third.

JAMES 81/ONROE,

By the President,
JOHN QITIN.CY ADAMS, Secretary of State.

The following legal opinion respecting the interpre-
tation of the Treaty of 1818 was given by the Queen's
law officers, the Advocate and the Attorney-General, in
compliance with a requisition on this subject made by
Qaery 1. In obedience to your Lordship's commands,
we Palmerston in 1841:
we have taken th( se papers into consideration, and hav
the honour to report that we are of opinion that the
treaty of 1782 was annulled by the war of 1812; and we
ofas fishery of the
United
sotfat:spniinniosnt
now
wt
bteheoonrsigidhetrlicd.
defined and re-
gulated by the Convention of
1818, and, with respect to
also
the general question, "if ee what right?" we can only
refer to the terms of the convention
h as explained and-
elucidated by the observations Id • will occur in an-
swering the other specific ciaerie which
2. Except within certain 2.
_defined limits, to which the
query put to us does not a
the terms of the treaty, American
we are of opinion that, by
from the right of fishing citizens are excluded
coast of British ing within three miles of the
distance of three miles America;
. and that the prescribed
is to be measured from the head-
lands or extreme '
popts of land next the sea of the coast,
or of the entrance o the bays, and not from the interior
)s or inlets of the coast, sod, conseqw.ntly,
that no right exists
on the part of American citizens to
of Nova
enter the bays Scotia, there to take fish, al-
though the fishingbeing within the bay may be at a
greater distance
bay, than three miles from the
shores
of the
as we are of opinion that the term headland is
used in the treaty to express the
before mentioned,excluding
the inlets of the coast.

4. By the treaty of 1818, it is agreed that American
citivns should have the liberty of fishing in the Gulf
of St. Lawrence, within certain defined limits in com-
mon with British subjects, and such treaty does not
contain any words negativing the right to navigate the
passage of the Gut of Canso, and therefore it may be
conceded that such right of navigation is not taken away
by that convention; but we have now attentively con-
sidered the course of navigation to the gulf by Cape
Breton, and likewise the capacity and situation of the
passage of Canso and of the British dominions on either
side: and we are of opinion that, independently of
treaty, no foreign country has the right to use or navi-
gate the passage of Canso; and attending to the
terms of the convention relating to the liberty of fishery
to be enjoyed by the Americans, we are also of opinion
that that convention did not either expressly or by im-
plication concede any such right of using or navigating
the passage in question. We are also of opinion that
casting bait to allure fish in the track of any American
vessels navigating the passage would constitute a fishing
within the negative terms of the convention.

5. With reference to the claim of a right to land on
the Magdalen Islands, and to fish from the shores thereof,
it must be observed, that by the treaty, the liberty of
drying and curing fish (purposes which could only
be accomplished by landing) in any part of the unsettled
nays, &c., of the southern part of Newfoundland, and of
the coast of Labrador, is specifically provided for; but
such privilege is distinctly negatived in any settled bay,
&c.; and it must therefore be interred that if the liberty
of landing on the shores of the Magdalen Islands bad
been intended to be conceded, such an important con-
cession would have been the subject of express stipula-
tion, end would necessarily have been accompanied with
a description of the inland extent of the shore over which
such liberty was to be exercised, and whether in settled
or unsettled parts; but neither of these important parti-
culars are provided for even by implication, and that,
among other considerations, leads us to the conclusion
that American citizens have no right to land or conduct
the fishery from the shores of the Magdalen Islands.
The word " shore" does not appear to be used in the
convention in any other than the general or ordinary
sense of the word, and must be construed with reference
to the liberty to be exercised upon it, and would there-
fore compromise the land covered with water, as far as
could be available for the due enjoyment of the liberty
granted.
6. By the convention the liberty of entering the bays
and harbours of Nova Scotia for the purpose of purchas-
ing wood and obtaining water is conceded in general
terms, unrestricted by any condition expressed or im-
plied limiting it to ves,els duly provided at the com-
mencement of the voyage; and we are of opinion that
no such condition can be attached to the enjoyment of
the liberty.
7. The rights of fishery ceded to the citizens of the
United Swes, and those reserved for the Exclusive en-
joyment of British subjects, depend altogether upon the
convention of 1818, the only existing treaty on thi„
sui-ject between the two countries; and the material
points rising thereon have been specifically answered in
our replies to the preceding queries.,
We have, &c.,
(Signed) J. DODSON.
THOS. rV ILDE.
Viscoutit Palmerston, 1,8., &c

MURDEROUS OUTRAGE.-FIVE PER,
SONS SI-10.2

- - -
OLDSWINFORD, SATURDAY.—Yesterday David Davies,
landlord of the Seven Stars public-house at Lower
Swinford, was committed to Worcester county gaol for
trial at the next assizes, on the charge of wilful murder
under most extraordinary circumstances.
The prisoner combines the trades of a gardener and
publican, and is a married man, having a son 15 Jeers
old, accessary before the fact.
Aievetw oniigs
hatlaso chago,araged as an
number
of
frailway
labourers from
the adjacent county, who had been drinking at the
prisoner's house, quarrelled, and turned out to fight.
On their return to the house they continued to make a
great disturbance, and the consequence was that a crowd
of persons collected in front of the inn. At this period
Davies came home, and was much annoyed at the col-
lection of the crowd in front of his house, which con-
sisted for the most part of noisy boys, though there
were some men and women among them. He endea-
voured roughly to disperse them, end struck several
with his walking-stick, on which they hooted at him and
threw stones. The prisoner immediately rushed into the
house in a violent passion, declaring that he "would blow
their b— heads off," and went up stairs, followed by
hie son. The prisoner had two guns, a single and a
double-barrel. These he fetched out, and his son got
out the powder and shot. The guns were immediately
loaded, and the prisoner went to the bed-room window,
aflutter,"
and leaning out, presented the gun and fired among the
crowd in the street, exclaiming, " Here's into you, you
fired, and five)
, using a foul expression. Immediately afterwards
spot. The
"e exclaimed, << I've given 'em a sweet, and I'll give 'em
Killed—
ela children, on.
and he immediatelyfired a gun. His son as-
sisted
hie, t
ili:ired parties are—
re-load, and altogether four shots were
people were wounded—one killed on the
wtl,s fired
Wnioret,liksheoly to
Pardoe, wife of a pallier, and mother of
epon.e of whom she was looking for when she
Wounded—wily
the neck, and !am Woolridge, a miner, wounded in
recover; Hannah Fletcher, a
' bricklayer's
Mrsfit-entail, a middle-
also wounded in the 1 shot
i 4 the legs; James Haywood,
aged lady, wise of the'.7n4a; an,d,
Mr. F. T. Rufford, woucd:dari r
a et
who
hot::
htah de ogn establishmentrcoeund sbeen .
aof
abdomtoenh,avtheigdihe,d ainnd
.
legs, while aiding Mrs. Pardee, in the
servant in her employ.
Mrs. Pardo°, on being raised from
carried into a house, but she appeared
stantaueottaly. The guns when found in the h
both loaded with powder and shot, ready for ouse were
ese again.
The affair has created intense excitement.
The magistrate &so committed the so for trial, but
—....-e----
admitted him to bail. n

Yesterday evening
the neighbourhood of St. Bartholomew..
• DESPERATE APPRAY WITH THE CITY PoLicE.
close was thrown into a state of excitement in consequence
ruffians Who have for some time
1 since
Cloth-fair.
It appearsthat
of a serious collision between several officers of the City
police and a gang of
infested the purlieus of C o
the improvements in Clerkenwe
street, Field-lane, and
bill. Peter-
inhabitants of Saffron- other localities. In the
11 have been commenced the
their vicinities, have been driven to o
of St. , c
h
present instance they have located themselves in a back
court in Cloth-fair, adjoining the Bartholomew-
the-Great,chu-
to the annoyance of the respectable portion
of the inhabitants. The offenders, Last night
determination, have hitherto escaped capture.
te
and
some respectable persons passing were grossly insulted 01 .
brutally ill- treated. The policeman on duty found it
im-
possible to render efficient aid, and assistance was speedily
from their number and
forwarded by Mr. Courtenay, the acting inspector at
Smith-
field station. Forcibly entry was now made into the lodg-
ing-house to take the aggressors into custody. Some were
one time, theythe
cap.tured, and a general melee took place, in which
Pol!cereceived some injuries, but not of a serious nature,
and humanely forebore using their truncheons,' although, at
were, nearly overpowered by the mob. Ulti-
rnately they secured a person supposed to' be the principal
1 honagl_eader
_of the. rioters, and he was taken to the station-
it was the
-which the
tv„.7...nnTnitlifield t but there appeared to be such an
the inhabitantsl
ma;";:purLelcaf,itnition to rescue the prisoner, that every neces-
sary
authortie
mi was takenl a strong force being obtained, as
frtanric e of relieving the day men. The house in
commenced is a filthy den, and, although
which, although' no
filthiheir
have protested againzt it by memorial to the
accommodation regularly registered, is totally unfit for the
tamely large number of persons who are ex-
GOO persons.
onelast timeeven
innugti a pinh
e re heir
We regret to hear
ZolFeb..i The mob that was collected
consisted of low vagabonds, and at
Fletcher, one of the Government
Foreign Schools. Mr. Fletchermnt Inspectors of British and
ethe death of lkfr. Joseph
servant, as his educational report,
was a most valuable public
reports atnPlY testify.