The daily union., 1854-07-18
THE CANADIAN FISHERY AND RECIPROCITY
TREATY.
Especial Despatch to The New YORK Daily rimesI

concluded in the city of Washington ON the 5th day
of June Ammo Domn 1854 between the United States Of
America and her Majesty the Queen Of the United Kingdom
Of Great Britain and Ireland
The government of the United States being equally de-
sirous with her Majesty the Queen Great Britain
avoid further misunderstanding between their respective
citizens and subjects in regard TO the extent of the right of
fishing the coasts of British North America secured
each by article OF convention between the United
States and Great Britain, signed at London the goth
day Of October 1915 and being also desous regulate
the and navigation between their respective
rtories and people and especially between her Maes
tys possessions in North America and the United States
in such to render the reciprocaly bene
cia and satisfactory have respectively named plenipoen
tiaes confer and agree thereupon-tha is say the
President of the United States of America VIM L. Marcy
Secretary of State of the United States and her Majesty the
Queen of Great Britain and Ireland, James Earl of Elgn
and Kincardne, Lord Bruce and Egin Peer of the Uni
ted Kingdom Knight of the Most Ancient and Most Noble
Order of the Thistle and Governor General in and over
all her Britannia Macsys Provinces the Continent of
North America and in and the Island of Prince Ed
ward who after having communicated each other their
respective full powers found in good and due FORM have
agreed upon the following articles:
ARTICLE l. 1t is agreed by the high contracting parties
that in addition to the liberty secured to the United States
fishermen by the aforementioned convention of 1918 of
taking, curing and drying fish certain of the
British North American colonies therein Defined the nhab
tans of the United States shall have in with the
every kind except shelfsh the seacoasts and shores
and in the bays, harbors, and creeks of Canada New
Brunswick, Nova Scotia Prince Edwards island, and of
the several islands hereuno adjacent without being
scted to any distance from the shore with permission
land upon the coasts and shores of those colonies and
islands thereof and upon the Magdaen islands the pu-
pose drying their nets and curing their fish That
doing they do not interfere with the rights of private prop
erty with British fishermen in the peaceabe of any
part of the said coast in their occupancy for the pu
pose 1t is understood that the aforementioned liberty
applies solely to fishery and that salmon and shad
fisheries and all fisheries in rivers and mouths of rivers
hereby reserved exclusively for British fishermen And
it is further agreed that in order prevent settle any
disputes to the places to which the reservation of excl
sive right to British fishermen contained in this article and
that of fishermen of the United States contained in the
succeeding article apply each Of the high contracting par
ties the application of either to the other SHALL within
six months thereafter, appoint commissioner.
The said commissioners before proceeding any busi
ness, shall make and subscribe solemn declaration that
they win mpartally and carefully decide the best of
their Judgment and according Justice and equity with
fear favor affection their own country upon all
such places intended to be reserved and excluded
from the liberty of fishing under this and the
succeeding article and such declaration shall be entered
the record of their proceedings.
The commissioners shall name third person act
as arbitrator umpire in any case or cases which they
may themselves differ in opinion If they should not he
able agree upon the of snch person. they shall each
person. and it shall be determined by lot which of
the two persons named shall be arbitrator umpire
in of difference disagreement between the commits
sioners.
The person so to be chosen the arbitrator or umpire
and subscribe solemn declaration, in form similar
that which shall already have been made and subscribed
by the commissioners which shall be entered the record
of their proceedings
In the of the DEATH absence incapacity of either
the commissioners the arbraors umpire of their
his omitting declining, ceasing to act such
missioner Arbitrator, or umpire another and different per-
shall be appointed named aforesaid, to as
such commissioner arbitrator umpire in the place and
stead of the person originally appointed named
aforesaid and shall make and subscribe such declaration
aforesaid.
Such commissioners shall proceed examine the coasts
the North American provinces and of the United States
embraced within the provisions of the first and second
ces of the treaty. and shall designate the places reserved
by the said articles from the right of fishing there
in The decision of the commissioners and of the arb
traitor Or umpire shall be given in writing in each case and
shall be signed by them respectively. The high contract
ing parties hereby solemny engage to consider the dec
ion OF the commissioners conont of the arbitrator
umpire as the case may be- absolutely final and concu
sve in each decided upon by them or him respect
lively
Arr O. 1t is agreed by the high contracting parties that
British subjects shall have in with the citizens of
the United States the liberty to take fish of every kind
except shell fish, the EASTERN and shores of the
United States north of the thirtysi parallel of north
latitude and the shores of the several islands hercuno
adjacent and in the bays harbos and creeks Of the said
the coasts and shores of the United States and of the
said islands, without being restricted any distance from
the shore with permission to land upon the said of
the United States and of the islands aforesaid for the pur
pose of drying their nets and curing their fish, provided
that in doing they do not interfere with the rights to
private property or with the fishermen of the United States
the peaceabe of part of the said coasts in their
occupancy for the same purpose
1t is understood that the aforementioned liberty applies
solely to the fishery and that salmon and shad fshc
ries and all fisheries in rivers and mouths of rivers are
hereby reserved exclusively for fishermen of the United
States tqs
Arr. 1t agreed that the articles enumerated in the
schedule hereuno annexed being the growth and produce
of the aforesaid British colonies Of the United States shall
be admitted into each country respectively free of duty
SCHEDULE.
Grain, flour, and breadstufs of all kinds animals Of all
kinds; fresh smoked and salted meats cotton DOL seeds
and vegetables; undried fruits dried fruits; fish of ali
kinds products of fish and all other living the
water poultry, eggs hides furs skins tails unrcssed
stone or marble in its crude unwrought state; slate
butter cheese taow lard horns manures ores of metals
,t all kinds coal pitch, tar turpentne, ashes timber
and lumber of all kinds round hewed and sawed unnan
ltactured in whole in part hrewood plants shrubs
md trees pels wool fish oil rice broom corn and bark
gypsum ground or unground; hew wrought, nm
wrought burr grindstones dyestus; fax, hemp and
2w manufactured; unmanufactured tobacco rags
ART A. 1t is agreed that the citizens and inhabitants of
he United States shall have the right to navigate the river
ST. Lawrence and the canals in Canada used the
f communicating between Great Lakes and the Atlantic
ocean, with their vessels boats and crafts as fully as the
nbects OF her Britannia Majesty subject only TO the
oils and other assessments may hereafter be ex
cted Of her Maestys said subectst being understood
however, that the British retains the right of
this privilege giving due notice thereof to
~ government of the United States.
1t s further agreed that if time the British govern
should exercise the said reserved right the govern
of the United States shall have the right of suspend
ng, it think f the operation of article of the present
reaty in far the province of Canada is affected there
for so long ms the suspension of the free navigation of
he river St Lawrence the canals may continue
1t further agreed that British subjects shall have the