202 Transactions of the Royal Canadian Institute [vol. x 



seizure by British men-of-war after Treaty of Peace signed; duties 

 wrongfully exacted, etc. On the part of Britain, seizure of vessel before 

 war declared, arrest of British subjects, detention of vessels and other 

 property, duties inproperly exacted, dishonoured bonds of Florida and 

 Texas, etc. These were agreed by Article I of a Convention entered into 

 February 8th, 1853, to be left to the decision of Commissioners, one 

 appointed by each Government, they to choose a third person to act as 

 Arbitrator or Umpire. If they should not be able to agree, they were 

 each to name one person and then select one of those named by lot. 



The British Commissioner was Edmund Hornby, a barrister, after- 

 wards Sir Edmund Hornby, Judge of the Consular Court at Constantino- 

 ple and later Judge of the Supreme Court of China and Japan. The 

 American was Nathaniel G. Upham, for some years a Judge of the 

 Supreme Court of New Hampshire. They agreed on Martin Van Buren, 

 former President of the United States, as Umpire, but he declined to act, 

 and they selected Joshua Bates, an American by birth and allegiance, 

 but carrying on business in London, as partner in the firm of Baring 

 Bros., & Co. 



They disposed of a great many cases, sometimes the two Commission- 

 ers agreeing and sometimes Mr. Bates being called upon. The awards 

 against Britain totalled about $330,000, against the United States 

 $275,000. 



12. After the war of 18 12, the question arose whether the United 

 States had not forfeited by that war all right to fish within British 

 territory. October 20th, i8i8, the parties entered into a convention 

 whereby the United States renounced all right to fish within three miles 

 of British land except the Magdalen Islands, the coast of Labrador and 

 a named part of Newfoundland. By Article I of the Reciprocity Treaty 

 of June 5th, 1854, it was agreed that so long as the Treaty should last, 

 the Americans should have the rights (or "liberties") given up by the 

 Convention of 1818 ; but to prevent any dispute as to the places t which 

 they should have the right to fish, a Commission was agreea to be 

 formed. Each Government was to appoint a Commissioner, add they 

 to choose an Arbitrator or Umpire; if they could not agree eachnwas to 

 name one person and one of these to be selected by lot. 



Britain appointed M. H. Perley, of New Brunswick, the United 

 States G. G. Cushman, of Maine; and the Hon. John Hamilton Gray 

 of New Brunswick was selected Umpire by lot. 



Mr. Cushman resigned pending the reference, and Benjamin Wiggin 

 succeeded him; he, too, resigned and was followed by John Hubbard, and 

 he by E. L. Hamlin. On Mr. Perley's death, the well-known Joseph 

 Howe, of Nova Scotia, succeeded him. Very many rivers, streams, etc., 

 came on for decision; there was much dissatisfaction on the part of the 



