The Sun.
London, England, 1854-09-30 00:00:00

LONDON, SATURDAY EVENING, SEPTEMBER 80, 1854.

THE WAR.

NAVAL AND MILITARY INTELLIGENCE.
Royal Albert, 121, screw, Commander Little, is lying
off the fair-way to the moorings at Sheerness. Her internal
fittings and arrangements are being proceeded with, and
she is daily shipping provisions, &c. .This splendid screw
is not half manned yet ; with that exception she might be
made available for service in a week or two.

Hannibal, 91, screw, Commodore Grey, is still at the
same moorings, abreast of Sheerness dockyard, that she
took up when coming cut of the basin. She is taking in
her guns, and on Thursday shipped 150 tons of coals.
Yesterday morning she took in a lighter full of beef and
pork, in casks. Her machinery is still undergoing the
many necessary repairs ; the brasses have all arrived from
Woolwich which were fitted there for her ; and uo doubt
by the Sth proximo she will be ready for sea—that is, as
far as machinery, ,is concerned ; but being only half
manned, and many of hor crew now ill at Chatham, will,
we fear, cause a longer detention.

Valorous, paddle, is lying at Sheerness ; her paddles are
getting the floats on, &c. A great many of the tars have
not yet returned to the ship, but aro expected up shortly
in the Janus, paddle ; however, those who have returned
are busily employed rattling her down, and giving her
rigging and gear a thorough overhaul.
Horatio, screw-frigate, is lying in the basin, Sheerness,
with her topmasts struck and jibboom run in ; she is being
caulked outside, &c. No orders we hear as yet have been
received for docking, which no doubt will be given prior to
her going out, in consequence of having touched the ground
iu the Myer Humber.
Lizard, paddle steamer, Lieut. Christopher, is waiting
Admiralty orders at Sheerness. Nothing definite is known
further than she is all ready for immediate orders, come
when they may. . •
There is a rumour here that the Curlew, revenue cutter,
is to go to Ireland, and that the Margaret is to supply her
place. We cannot, however, vouch for the accuracy of the
above.

Tho Viper gun-boat, from the eastward, was receiving
50 tons of coal yesterday from the Lavinia hulk, in Ply -
mouth Sound, preparatory to sailing for the Black Sea.
Condor, Stranger, master, from London, ran into Sheer-
ness harbour, on Thursday morning, having one man ill
with the cholera, and two others in a sickly condition
with a sort of ague. Sho is a fine Norwegian brig, and is
chartered to take coals from Newcastle to Constantinople.
Dr. Smith has been called in. We hear the two men with
ague are much better; but the one with cholera is by no
means out of danger. She will most probably, however,
proceed on her voyage this evening. When loaded she is
capable of carrying GOO tons of coals.

The Baraguay Dl:Milers transport, Captain Downes,
with stores for the fleet, arrived at Faro Sound on Septem-
ber 6th, and was at anchor on the 13th.

field works and engineering, and the Ist company is to be
made up immediately to the full complement of the war
establishment for service.

Owing to the number of persons collected round the field
works of the Royal Engineers at Chatham, on Wednesday
night last, the 27th, in expectation of witnessing a military
spectacle, two accidents occurred; one it is expected will
prove fatal. It appears that, noar Fort Thomas, a man of
the name of William Weedon, of Islington, fell into the
trench, a depth of nearly 43 feet; and another man, of the
name of George Savage, residing in Rochester, also fell in
at another part of the trench; he is hurt very much about
his body and legs. Weedon's back is supposed to have
been broken.

NENAGH, Sept. 27.—The first division of the 57th de-
pot arrived here yesterday from Limerick, and this morn-
ing proceeded on the march en route to Birr, there to be
stationed.—Guardian.

Major-General F. Mannsell commands Cork district, in
absence of Major General R. C. Maned.

THE MILITIA.

The Royal Jersey Militia Artillery, Colonel Hammond,
commandant. have been out for training at St. Helier's.
The regiment has been reviewed by the Lieut.-Governor of
the island. The different manoeuvres were, performed with
skill and precision. His Excellency was pleased to express
his'entire satisfaction.

THE ALLEGED ILL-TREATMENT OF A
FEMALE ON BOARD THE DAUNTLESS.

PORTSMOUTH, Sept. 29.—The borough bench of ma-
gistrates met this morning at 12 o'clock, at the borough
gaol, in Penny-street, to resume the hearing of the case
regarding the death of the unfortunate girl, Matilda
Jane Lodge. The magistrges present _were the Mayor
(G. C. Stigant, Esq.), G. Gilman, Esq., J. F. Pratt,
Esq., J. S. Sayer, Esq., O. J. Scale, Esq., B. Bramble,
Esq., T. E. Owen, Esq., J. 0. Travers, Esq.
The court was densely crowded during the investiga-
tion, and hundreds were suable to get within hearing
distince. The public were not admitted into the gal-
lery until a little before 12 o'clock, but when the doors
were opened the rush was tremendous, and could only
be equalled to that at the gallery of a theatre on boxing
night.
The arrival of the officers was the signal for a volley
of yells from the crowd assembled. Captain Ryder, the
captain of the Dauntless, was on the bench during the
inquiry.
Mr. Henry Ford, solicitor, of Portsea, again appeared
to-day for the prosecution, and Mr. Hoskins, of Gosport,
for the officers of the Dauntless.

At the opening of the case, it was intimated that
there were thirty-five witnesses to examine—a fact that
promises to extend the inquiry over two or three days
at the least.
The Bench told Mr. Ford that the bench were then
quite ready to hear from him what course he proposed
to pursue.
Mr. Ford said be had t) inquire of his friend Mr.
Hoskins if he appeared for Lieutenants Frederick Knight
and John Busteed Seymour, of the Royal Marines, the
former belonging to H.M.S. Dauntless, and the latter to
H.M.S. Colossus, as it was his (Mr. Ford'sl duty, in
reply to the question put to him on Tuesday last, to in-
form his friend that he was there to prefer against those
officers a charge of mans!aughter in reference to the
death of Matilda Jane Lodge.
Mr. Hoskins said he did appear for the officers named,
and who were in the preciects of the court, having at-
tended the inquiry voluntarily, and without being re-
quested to do so, and they were quite ready to place
themselves in the hands of the bench. All that he had
to ask on their part from the bench was its protection
from insulting demonstrations of public feeling. On their
arrival at the court they had been most grossly insulted,
and from such insults they, as Englishmen, had a right
to be protected. He would also request that his clients
might be permitted to have seats near him, the better to
enable him to conduct their defence.
Mr. Ford said no one more warmly deprecated any
exhibition of feeling than he did. He had no objection
to his friend's request being complied with, and he had
also a similar one to make. It was that he might have
by his side Mr. Leggatt, the superintendent of the Porte-
mouth police, and Mr. Harvey, a superintendent of the
county constabulary. He (31r.tFord) had an immense
mass of evidence to produce, and the aid of the officers
he had named would materially facilitate the inquiry.
Mr. Ford then opened the case for the prosecution in a
lengthened speech, in which be reviewed all the facts of
the case as they have already appeared at the coroner's
inquest.
Emma White was again the first witness. She deposed
The was a single woman, residing at Gosport, and knew
Nlatilda Jano Lodge : i also that she went to her
mother's house on Sum tight last, at half-pest six at
night. She proceed ye evidence, as already re-
ported at the. entom Flst, in reference to crossing
to Portsmouth. go) o zwk to the Floating Briago
. .

little before 9 o'clock, when they met two —gentleTnen.
essed in private clothes. One of the gentlemen was the
prisoner, Lieutenant Knight. They went to a public-
iuuse on the Parade, and had each a glass of brandy and-
water. One gentleman then left them ; on which witness,
leceased, and Lieutenant Knight went to the Fortitude
;mblic-linuse, in Broad-street, where they had one more
;iass of brandy-and-water. They then had some pastry,
med after xards went to the bridge, which was closed
fur the night. Witness an I deceased then got into
waterman's boat, when Lieutenant Knight also came
on board. He asked them to go on board the Daunt-
less's hulk, but witness and deceased said they knew
some one belonging to the Colossus ; and they asked if
the crew of the Colossus were turned over from the Vic-
torious hulk ? He replied they were turned over. The
gentleman witness meant belonging to the Colossus was
the defendant, Lieut. Seymour. As he pressed them
they went up alongside the hulk, but again refused to
go on board, on which Lieut. Knight said he would not
keep them long. They then went on board, and Lieut.
Knight told them to follow him ; they did so, and in get-
ting near the ward-room witness saw a friend there and
ran back to deceased, and said, " Seymour's there--I'll
not go in." They ran back on deck together, where they
saw Lieut. Knight, who said, " Oh, never mind, he'll
not see you." Matilda Ledge also said. "Come on,
let's go—l'll say it is in a jest : never mind." The three
then went down together ; Lieut. Knight going first.
Witness then recapitulated the evidence she had already
given as to herself going into Lieut. Knight's cabin,
whilst deceased remained with several officers in the
Ward-room ; to the deceased subsequently coming into
the cabin, and being followed by Lieut. Knight, who
gave them a light, and then brought them some wine in
a tumbler. Deceased drank a part of a tumbler full of
this, and gave witness sonic, saying " Don't drink too
much, it will make you ill." Witness drank a little,
and threw the remainder away. Lieut. Knight after-
wards again came to the cabin, and asked them if they
would have anything else. Deceased said she would
like some brandy, which Lieut. Knight brought ; of
this deceased poured out a tumbler full and drank some,
but witness could not say how much. Deceased thee
said she would go out of the cabin, and she did so. Her
dress was not disordered then. When she went into the
ward-room, there were present Lieut. Seymour, Lieut.
Knight, and other gentlemen witness did not know.
Lieut. Knight then went into the cabin, on which, wit-
ness said, I went out. He said, " Oh, don't go out ; stop
here." He pressed me not to go out, on which I said, " I
must go. I want to go home." I went into the ward-room,
and Lieut. Knight followed me. Matilda Lodge was
singing at this time. I was in Lieutenant Knight's
cabin about half an hour. I said to the deceased "Do
you know what time it is ; it is time to conic home."
She said, "Never mind, this will cut our acquaintance."
I suppose she said this because I told her I should go
without her. I sat down and persuaded her to go, but
she refused. Whilst she was sitting iu the ward-room I
did not see her take any more drink, or any one offer
any. After I was in the ward-room about an hour, she
fainted.

Mr. Ford here stated that a portion of the body of the
deceased had been taken away most unaccountably. It
had been given to a Mr. Knight, the pupil of one of the
gentlemen who had been present at the post mortent ex•
amination. H• had left the town, and had taken this
with him. (The portion of tho deceased's body here
referred to was the bladder and uterus.)

Mr. Lows and Mr. Knight, his pupil, had it given to
him instead of its being buried, as the case was sup-
posed to have been disposed off. Be had gone to Rill,
near Thane, in Oxfordshire, and would immediately
produce it it required. lie had put it in spirit to pre-
serve it. Mr. Knight was no relative whatever to
Lieutenant Knight, the prisoner.
The examination of the witnesses was resumed—When
deceased fainted she was taken into Lieut. Knight's
cabin and placed on the table; her face was also sprinkled
with water, and ber dress unfastened. I returned into
the ward-room. A party of marines had come into the
cabin and said that deceased and witness must go, as
they were making a noise ; this was a message from the
commanding officer. do not know what answer was
made to this. This was before she had fainted. After
she had done so another similar message was brought,
to which Lieutenant Knight said she was not in a fit
state to do so. When she fainted she was lowered
down on the floor before being placed in the cabi❑ ;
she was lowered gently ; she uttered a scream. I left
the ship at past 1 o'clock ; up to that time I did not see
any violence whatever used towards deceased ; if it had
been used I must have seen it. The scream deceased
gave after she fainted was not whilst she was being
lowered on the floor, but afterwards, whilst she
was coming to. When I left the ship deceased was in
Lieut. Knight's cabin. The waterman who took use
on shore was the one who had brought us to the ship,
and who knew that we both belonged to Gosport. I
next saw deceased at her mother's, when she was ♦ery
ill, bruised in several places. She said she had received
her death-blow, but the did not know who did it, as,
after witness left, she became unconscious. Witness
saw her the following day, when she said she was dying,
and asked if Knight was not the name of the officer
they went on board with ? Witness replied that she
thought it was. Deceased then said she thought that
• was the name, for she saw it on his card, with Lieute-
nant Royal Marines." Deceased also said she thought
he had had a quarrel with shother officer, awl that be

was in liquor, and did not care whom he had his revenge
on. On Thursday night I saw Lieutenant Seymour and
Lieutenant Knight in Gosport. 4 I was sent for. Lieu-
tenant Seymour said " It's a had job ; have you seen
her ?" I said "Yes, it is a bad job." Lieut.-Seymour
said " she had not been ill used while he was on board."
(He stopped till half-past two in the morning.) Lieu r.
Knight also said she was not ill used on board ship.
Lieutenant Knight then left, and Lieutenant Seymour
asked witness "how it would be brought in." Witness
replied that she knew nothing about it.
A bone fur wearing in front of the dress, a fall, a piece
of flannel for wearing in front of the bosom, a pocket
handkerchief, and a purse were then produced, and these
witness believed had been left on board by (licensed.
Witness swore to most of the articles having belonged
to deceased. Deceased did not wear stays. This closed
the examination of this witness for the prosecution.
Cross-examined by Mr. Hoskins—l have known de-
ceased
for sonic months, and during that time we have bee-
nerally walked out together of an even ing. We have walked
together, but not at late hours. We have been to the
Marine Barracks together. Neither of us knew Mr.
Knight ; I had known Mr. Seymour some time. I do not
remember asking Mr. Knight, as we walked together in
High-street, whether the Colossus was lashed alongside
the Victorious hulk. I did not ask him. I did not ask him
if Mr. Seymour was on board. I did not mention Mr.
Seymour 's name till I got on board the ship. As far as
I remember I think I stated this at the coroner's in-
quest. We got into the boat first, Mr. Knight handing
us in. We refused to go on board several times ; but
when the boat got alongside the Victorious he said,
" Oh, do come on board ; I will not detain you long."
Mr. Knight left the boat first, and when he got on the
gangway he again pressed us to come on board. We
then consented. There was no water in Mr. Knight's
cabin. During the time I was on board Matilda Lodge
was treated with the greatest kindness. I had seen her
faint once before. Ido not remember that her dress was
opera by direction of the surgeon. She was carefully
lowered on to the floor and carefully treated afterwards.
Mr. Knight's cabin is a small one. I. did not drink the
whole of the wine deceased poured out for me, because I
do not drink wine, and I threw it out of the cabin win-
dow in order that she might not drink it. I wrote to
Mr. Seymour on Tuesday evening to meet me on the
Wednesday. He could not come, but did on Thursday,
When I saw him my mother was present.
Re•examined—Mr. Knight said he would go to Gos
port with us when we got into the boat. • The height o
Mr. Knight's bed from the floor was about three feet.

The Mayor—Yon say that deceased said " she did not
know who did it ;" what did she mean ? .
Witness—lt was in answer to me, when I asked her
who had served her so.
Henry Allen, a waterman, living at Gosport, de-
' posed—l knew Matilda Jane Lodge and Emma White
very well. I was plying for hire on the beach at Point,
on the night of Sunday, the 17th instant, when the two
'young women came up to engage my boat. An officer,
who said he belonged to the Dauntless, came with
them; I asked the gentleman if the Victorious
was the Dauntless's hulk ; he told me he did not
know, but he told me to go to the Victorious. I did
not notice that there was any conversation between the
gentleman and the females as to going to the Daunt-
less or the Victorious. I was engaged in pulling,
and they might have spoken on the matter without my
noticing anything. I did not hear what was said when
we got alongside of the ship. Ido not think I recollect
any conversation between the gentleman and the ladies,
when we got alongside of the Victorious. I think the
ladies got out first ; but I won't be certain about that.

Mr. Ford—On your oath, did the ladies get eut
first ?

Witness—Well, I 'most forgets. (Laughter.) I can-
not say that Any conversation took place between them
(the ladies and the gentleman) about going on board.
The gentleman said ho would make all right and satisfy
me for my trouble during the night. I don't recollect if
the prisoner Lieutenant Knight was the gentleman who
said this ; the gentleman gave me two shillings before
we got alongside the hulk. I don't recollect if it was
Lieutenant Knight.
Mr. Ford—Were they sober when they went on
board
Witness—The ladies were, but I think the gentleman
ICASthree sheets. (Laughter.)

. .. . .
Mr. Ford—That means drunk ?
"Witness—Well, two out of three.
Joseph Sherwin, waterman of Gosport, deposed to
being in his boat and going up the harbour at a little
past four on Monday morning, the 13th inst., when he
was hailed from the Victorious hulk; to take a drunken
woman on shore. He was asked how much the fare
would be, and said ls. The person who spoke to him
said he should have is. 6d. From what was said I
took her to Common Hard. She was in a state of in•
sensibility. She received no injury whatever whilst in
my boat, and groaned several. times. I did not know
who the female was. When 1 got to Common Hard
I got a barrow, but two dockyard policemen had
already corns to meet me. When she was given ta. me
ner ulothes we'. 6..,n ; ale ...- •.; thou L a bonnet or
A shawl, and in a white dress. I thought she was
in her night clothes, and asked for her gown- -
telling the steward that she had no dress on. When
we lifted her into the barrow we placed her on
her back ; I wheeled her carefully along the pavement
to the police station. She did not speak a word the
whole tune ; the dockyard policemen did not go with
me to the station. When I took her from the ship I
asked for some one to go with her, but the steward
said be could not go, as he did not know where she
lived.

By Mr. Hoskins—A shawl was not put in the boat.
One was thrown in, and this I covered deceased over
with.

William Rolls, constable in the dockyard police, de-
posed to relieving another constable at two o'clock on
Monday morning, the 18th, who told him about some-
thing going on on board the Victorious. He (witness)
noticed the same himself. At about 3.45 I heard a
groaning three or four times. It sounded as though it
came from the Victorious or Dauntless. At ten or fif-
teen minutes past four o'clock he heard a boat hailed
from the hulk. Witness told his inspector of the fact,
and from orders he gave him on seeing the boat leave
the hulk, he (witness) went out of the dockyard. An-
other constable, Scholefield, came up also. A woman
was in the boat and we helped to get her out. She ap-
peared to be in a very bad state. Her arms wero bare
and her hair was loose. She was insensible. Her dress
was very much rumpled.
Mr. Hoskens would not ask this witness any ques-
tions.

‘Villiam Bone deposed—l am an inspector of police in
this 'borough. I was on duty in the station-house in
Portsca on Monday morning, the 18th. I saw Sherwin
the waterman, with the &ceased. her dress was a stiff
white muslin oi,e ;it was quite crumpled up. Up to
that time there were no marks of bruises upon her per-
son, excepting a flush upon her cheek. There was no-
thing covering her arms but her shift sleeve. Her dress
in front was all torn open, and she had no stays on. I
made up a bed on the bottom of a boarded cell and laid
her down. I left Police-constable Croucher in charge of
her. I saw deceased afterwards the same day, in
charge of her mother. Her face was then quite black.
She was treated with every possible kindness at the
police-station. •
Cross-examined by Mr. Hoskins—Deceased had her
drawers and petticoats on. I did not hear any groans
from the woman. Her insensibility appeared to me to
arise from drink, but I thought she had been very
roughly used. I thought this from the appearance of
her clothes.

Police-censtable Croucher deposed to being on duty
at the Portsea station on the morning in question, and
confirmed the above testimony in reference to the re-
ception and treatment of deceased whilst she was in
charge of the police. This witness also described the
state of deceased's dress. It was torn at the sleeves and
all open in front.
Cross-examined by Mr. Hoskins —When we handed
her out of the barrow she Was heavy, like a drunken
woman would be.

Mr. Ford—But she was a fine, stout woman, was she
not

Witness—She wm.

Polio-constable Ricketts deposed to deceased being
taken out of the cell into the constable's room. He then
had some conversation with her. She had become sen-
sible. She had become so before she left the cell. I
asked her (witness said) where she had been. She said
she had been on hoard the Dauntless. She either said
she went on board with Knight or Wright, and that he
was a first lieutenant of Marines. She asked me if I
was a married man, and when I said I was, she said she
did not mind then, and asked me fora bucket to ease
herself. Ig ,t one, but she could not effect her pun-
pose. She complained of great pain in her side and
belly. Shortly after Dr. Carter came and attended to
her, and after he had gone she said she was dying.
When I took notice of her person (which was first
whilst in the cell, I going in in consequence of her
groans), her dress was in such a state that I could see
the whole of the upper part of her person. There were
marks on her arm as though from grips. Her face was
black. I examined her side and found a black mark or
bruise there.

Mr. Ford—Have you the sleeve of her dress by you ?
Witness—l have produced it. It was give❑ to ins
by a woman named Frampton, living in White's-row,
the wife of a marine on board the Dauntless. I had
another sleeve, which I found in the bonnet of deceased
when she was brought to the station. [The latter ap-
pears to have been the sleeve of deceased's dress, whilst
the first-named was an under sleeve of lace.]

Inspector Astridge, of the borough police, deposed to
finding deceased in the cell at the station-house. She
WAS lying on her side, and she said, "Don't disturb me,
lam dying." I then thought she was suffering from
the effects of drink. I left her and returned at a quarter
to nine o'clock, and then had her removed into the con-
stable's room, and provided a chair for her. She said
she could not sit down in it, for she had such a rain in
her belly. I then had her placed on her right side, and
asked her for her name, but she said she could not give
it me. She said she was a stranger, but living in High-
street. I then told her, if she could not tell me, I must
remove her to the union house. She kept complaining
that she was getting worse, and would die. I then went
over to a Mrs. Sophia Stevens, living near, who came
soros! Tin romegied toget* about s putt/ of la
_

I PRICE -.D.

hour, and in consequence of what Mrs. Stevens said I
Isent for a surgeon. I afterwards asked her where she
had been, and she said with an officer on board the
Dauntless. Witness then described what steps had been
taken to find deceased's mother.
In reply to a question, the witness stated that he went
on board the Dauntless to inquire into the circumst.inces
of this case, when the officer in command, a junior lieu-
tenant, said he could not make any inquires on board;
uirles-; with an order from the magistrates.
The Mayor said as this question had been referred to,
it was desirable that the letter from Captain Ryder
should be read, as a matter of justice to that officer.
The letter was then read. It was aslollows :—" To
the Mayor of Portsmouth.—Sir,—I lea'rnt that two po-
licemen had been on board the Victorious, hulk, with a
message from you requesting that they might be allowed
to examine one of the crew regarding the occurrencea
that are alleged to have taken place on board the Vic-
torious, hulk, on the night of the 17th instant, and that
the commanding officer declined in my absence to per
mit the policeman to make any inquiries. I beg to in-
form you that I am most anxious to afford every facility
for the most searching investigation into the truth of the
charges made against some of the officers of H.M.S.
Dauntless, in the verdict of the coroner's inquest. I
sh-11 be most happy, therefore, to permit any one you
may send to make any inquiries that you may think fit,
also to send any one of the officers or crow that the
bench of magistrates may wish to bxamine to the court,
and, in fact, to forward the ends of justice in any way
in my power.—l am, sir, your humble and obedient ser-
vant, ALFRED P. RYDER, Captain, R.N.—H.M.S.
Dauntless, Sept., 27, 1854."
" P.S.—The ship's company are employed in the
dockyard, except at their meal hours. The dinner hour
is from noon to one o'clock, during which time they will
be certain to be found on board the Victorious."
Mr. John Astridge then deposed to seeing deceased in
the station-house, and to the bruises on her person.
Alm Sophia- Stevens deposed to visiting deceased in
the station-house, and to her suffering- great pain. She
also deposed to seeing some white powder among what
deceased vomited.

Mr. Hoskins—The white .powder attracted your atten•
tion ?
Witness—lt did, because when she sp6ke ate in a
rational manner I did not think • her state altogether
arose from intoxication. I did not call the attention of
the police officers to it. None of what she vomited was
preserved' because I thought it would attract the atten-
tion of the doctor, as a natter of course. Z don't know
whether Dr. Carter looked at the bucket ' • he ought to
have done. (Laughter.) I hbould think there was quite
a dessert spoonful. The powder and the wine deceased
vomited did not mix together. .o
The court was then adjourned till this day,
•
THE FISHERIES, dc.---TREATY WITH
AMERICA.

RATIFICATIONS EXCHANGED AT WASHINGTON, SEPT. 9,
1554.

Signed at Washington, June 5, 1854.
Her Majesty the Queen of Great Britain, being equally
desirous, with the Government of the United States, to
avoid further misunderstanding between their respective
eubjects and citizens in regard to the extent of the right
of fishing on the coasts of British North America, secured
to each by Article 1 of a convention between Great Bri-
tain and the United States, signed at London on the
20th day of October, 1813, 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 a manner as to render
the same reciprocally beneficial and satisfactory, have
respectively named plenipotentiaries to confer and agree
thereupon ; that is to say— •
Her Majesty the Queen of the United Kingdom ofGreat
Britain and Ireland, James, Earl of Elgin and Kincar-
dine, Lord Bruce and Elgin, a Peer of the United King-
dom, Knight of the Most Ancient any 'Most Noble
Order of the Thistle, and Governor-Genetql 'in and over
all her Britannic Majesty's. provinces on the continent
of North America, and iteand over the island of Prince
Ed ward ;
And the President of the United Siates'ofAmerica;
William L. Marcy,' Secretary of State Of the United
States ;
Who, after having-communicated to each other their
respective full powers; found in, good And duo form,
have agreed to the following articled
• ARTICLE I.
_ _ _ _

It is agreed by. ttbe high contracting parties, that, in
addition to the liberty secured to the United States
fishermen by the above-mentioned Convention of Oct.'
20, 1818, of Vakim, curing, and drying fish on certain
coasts of the. British North American colonies thereit,►
defined, the, nhabitants of the (United Statei aball haste,
in common with the subjects of her Britannic Majesty;..
the liharty4o take fish of every kind, except shell-fish,
on the sea.-dastst-s arriabores,-and in the tray's, harbonrw
and creeks Of Canada, New Brunswick, _Nova Scotia,
Prince 13,14vartrs and of the several islands there-
unto 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 Magdstlen 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 pri-
vate property, or with British fishermen in the peaceable
use of any part of the said coast in their occupancy fur
the same purpose. - •
It is understood that the above-mentioned liberty ap-
plies solely to the sea fishery, and that the salmon and
shad fisheries, and all fisheries in the rivers and the
mouths of rivers, and are hereby reserved exclusive to
British fishermen.

And it is further agreed that in order to prevent or
settle disputes as to the places to which the reserva-
tion 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 appli-
cation of either to the other, shall, within six months
thereafter, appoint a commissioner. The said commis-
sioners, 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 com-
missioners shall name some third person to act as An ar-
bitrator or umpire in any case or eases on which they
may themselves diEr 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 deter-
mined by lot which of the two persons so named ehal
be the arbitrator or umpire in cases of difference or dis-
agreement between the commissioners. The person so
to be chosen to be arbitrator or umpire shall, before pro-
ceeding to act as such in any case, make and subscribe
a solemn declaration in a form similar to that which
shall have been already made and subscribed by the com-
missioners, 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 arbi-
trator or umpire, or of their or his omitting, declining,
or ceasing to act as such commissioner, arbitrator, or
umpire, another and different person shall he appointed
or named as aforesaid, to act as such commissioner, ar-
bitrator, or umpire, in the place and stead of the per-
son 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 desig-
nate the places reserved by the said articles from the
common right of fishing therein.
The decision of the commissioners and of the arbitra-
tor or umpire shall be given in writing in each case, end
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.

ARTICLE 11.
It is agreed by the high contracting parties, that
British subjects shall have, in common with the citizens
of the United States, the liberty to take fish of every
kind, except such fish, on the eastern sea coasts and
shores of the United States north of the 36th parallel
of north latitude, and on the shores of the several islands
thereunto adjacent, and in the bays, harbours, and
creeks of the said sea coasts and shores of the United
States and of the said islands, without being restricted
to any distance from the shore ; with permission to land
upon the said coasts of the United States and of the
islands aforesaid, for the purpose of drying their nets
and curing their fish, provided that in so doing they de,
not interfere with the rights of private property or with
the fishermen of the United States in the peaceable use
of any part of the said coasts in their occupancy for the
same purpose.
It is understood that the above mentioned liberty
applies solely to the sea fishery, and that salmon and
shad fisheries, and all fisheries in rivers and mouths of
rivers, are hereby reserved exclusively for fishermen of
the United States.

♦RTICLE 111.
It is agreed that the articles enumerated in the
schedule hereunto annexed, being the growth and pro-
duce of the aforesaid British colonies, or of the United
States, shall be admitted into each country respectively
free of duty :

SCHEDULE.
Grain, flour, and breadstuffs of all kinds ; animals of
all kind ; fresh, smoked, and salted meats ; cotton wool,
seeds, and vegetables ; undried fruits ; dried fruits ; fish
of all kinds ; products of fi,h and of all other creatures
living in the water; poultry ; eggs ; hides, furs, skins or
tails undressed ; stone or marble in its crude or un-
wrouzht state ; slate ; butter, cheese, tallow ; lard,
horns, manures ; ores of metals of all kinds ; coal ;
pitch, tar, turpentine, ashes ; timber And lumber of all
"di ; round, hewed, and sawed, unnianufactured in
whole or in part ; firewood; plants, shrubs, and trees ;
pelts, wool; fish oil ; rice, broom-corn and bark; gypsum.,
ground or urtground joint or Nought or liali•ollgth
_ _ I