The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-07-08

sgreenent between the Comnaissoners The person 50
to % chosen to be arbitrator umpire shall before pro-
solemn declaration in form similar TO that whish
shah already have been made AM subscribed by the
Commissioners, which sna DO entered the record Of
their proceedings In the Of the DEATH Absence
or ipcapacy OF either the Commissioners Of the
arbitrator = umpire, Of their his ouaitting de-
clDDg, ceasDg to act such commissioner, arbtrA
tor umpre another and different person shall DO APP
pointed or named, aforesaid, to act az such
ioDer arbi rator umpire in the place and stead Of
the person originally appointed named Aforesaid
and shall male and subscribe such declaration aors
said.
Such Commissioner shah 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 said articles from the common right
The decision of the Commissioners and Of the arbtrs
tor umpire shall be given writing, In each CASE and
shall be signed by them respectively.
TO csnsasr the Decision 81 the Commssoners conionty
or OF the arbitrator umpire the may be- as
absolutely hnal and conclusive in each case decided up
on by them or him respectively.
Mr.. G. G. Cushman, of Maine, was some time
since designated as United States Commission
er, hut until yesterday no information was
received of anything being done in execution
of his Office. He was yesterday in this city, on
his way to Washington, it is presumed, to quail
ify and learn something of the proceedings to
be had under the treaty. 1t will be noticed
that the clause of the treaty quoted requires the
appointment of the Commissioners, &C., within
Six months after its ratification. Just double
the time has elapsed to enable Pierce and Mar
cy to fulfil the duty enjoined by the treaty.
1t is strange, that when the Commissioner
should have been at least for two months past
IN tho ehorau IF NavyGor INLAND or5 Tah-,1or
he is now, past midsummer, journeying to
Washington for instructions.
The British Commissioner, NJ. II. Perley,
Esq, we learn, is at the Astor House, and pro-
ceeds with Mr.. Cushman to Washington. Mr.
Perley is distinguished colonist, and has for
years taken a prominent part in every great
measure for the advancement of the British
Provinces. To the unceasing efforts of himself
and J. D. Andrews, Esq, of Maine now Consul
General of the United States to the Provinces
may be ascribed the conclusion of the treaty of
1854, more than to those of anybody else. In
fact, the administration of Mr.. Fillmore, acting
with Mr.. Champion, aided by those gentlemen,
had well nigh concluded the treaty, ready to
the hands OF Elgin and Marcy, whose principal
merit was concentrating their arrangements.
We published, a few days ago, Lord Clarendon's
highly complimentary letter to Mr.. Perley,
enclosing his credentials as Commissioner. 1t is
believed, from Mr.. Perley g past course. that
his selection was thai of " the right man for the
right place." We know nothing about the Anne
rican Commissioner, and if no better than most
others of the administration appointments, it is
no great scratch.
We are informed that the British government
have provided an elegant fast sailing cutter for
the Commissioners, which will be unarmed, al
though fully manned, and in which it is expected
they will proceed as early as practicable to the
Gulf Of St. Lawrence, the coast of Newfound-
land and the coast Of Labrador, and even as far
north as Davis's Straits, in the performance of
the duties enjoined by the treaty. The French
government, under treaty with Great Britain
Of ancient date, have fishing privileges on the
coast Of the islands Of St Pierre and Miquelon
and adjacent waters, and also the right to es-
tablish fishing colonies on the islands named !;
and they have for many years had seve-
raj hundred vessels and several thousand
fishermen SO employed, though the neces-
ity of obtaining seamen to man the
French fleets against the Russians has alb
tracted many of the fishermen. The French
fishermen engage, when procuring their fish
ing licenses, to furnish certain quota Of sea-
men for the French navy upon being called
upon.
The French government, we learn, insist that
fha oh nod ~; hvy
treaty of 1854 to allow the United States fish
ermen to participate in their privileges as to
the St. Pierre and Miquelon fisheries, and IL is
not improbable that difficulties may ensue on
this point.
We have been informed that Professor Agas-
siz will probably accompany the Commissioners
for scientific objects No British or American
men-ofw war, as We suppose, by arrangement be-
tween the two governments, are to be stationed
on the fishing grounds this season.
The second article Of the treaty provides as
follows:-
tits agreed by the high contracting parties that Bril-
tNh subjects shall have in with the citizens Of
the United states, the liberty to take fish Of every kin
except shell Gsh the eastern seacoass and shores Of
the United States north of the 38th parallel OF north
latitude and the shores OF the several islands there
unto adjacent and in the bays barbors and creeks Of
the said seacoass and shores CT the United Saes and
Of the said islands, without being restricted to any dis
lance from the shore with permfson to land upon
fad coasts Of the United States OF the islands afore
ead for the purpose Of drying their nets and curing
their fish: provided, that, in doing they do not in
terfere with the rights Of private property with the
fishermen Of the United States In the peaceabls OF
any part Of the said coasts In their occupancy for the
purpose.
II il UNDERWOOD that the aforementioned liberty ap
Plies solely to the fishery, and salmon and shad
fisheries and oil fisheries in rivers and mouths Of Rivera
hereby reserved exclusively for fishermen Of the
United States.
So soon as the Commissioners shall be pre-
vented by the weather from continuing their la
bors on the colonial coasts, it is probable they
will proceed to fulfil like duties on the coasts OF
the United States, for it will be seen that the