26 TREATY PROVISIONS KKI.AT1NG TO FISHERIES 



the extent of the right of fishing on the coasts of British North 

 America, scoured to each by article I of a convention between the 

 United States and Great Britain signed at London on the 20th day 

 of October, 1818; 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 manner as to render the same recipro- 

 cally beneficial and satisfactory, have, respectively, named Plenipo- 

 tentiaries to confer and agree thereupon, that is to say: 



The President of the United States of America, William L. Marcy, 

 Secretary of State of the United States, and Her Majesty the Queen 

 of the United Kingdom of Great Britain and Ireland, James, Earl 

 of Elgin and Kincardine, Lord Bruce and Elgin, a peer of the United 

 Kingdom, Knight of the most ancient and most noble Order of the 

 Thistle, and Governor General in and over all Her Britannic Maj- 

 esty's provinces on the continent of North America, and in and over 

 the island of Prince Edward : 



"Who, after having communicated to each other their respective 

 full powers, found in good and due form, have agreed upon the fol- 

 lowing articles: 



Article I. 



It is agreed by the high contracting parties that in addition to 

 the liberty secured to the United States fishermen by the above- 

 mentioned convention of October 20, 1818, of taking, curing, and 

 drying fish on certain coasts of the British North American Colonies 

 therein defined, the inhabitants of the United States shall have, in 

 common with the subjects of Her Britannic Majesty, the liberty to 

 take fish of every kind, except shell-fish, on the sea coasts and shores 

 and in the bays, harbors and creeks of Canada, New Brunswick, Nova 

 Scotia, Prince Edward's Island, and of the several islands thereunto 

 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 Magdalen 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 private property, or 

 with British fishermen, in the peaceable use of any part of the said 

 coast in their occupancy for the same purpose. 



It is understood that the above-mentioned liberty applies solely to 

 the sea fishery, and that the salmon and shad fisheries, and all fish- 

 eries in rivers and the mouths of rivers, are hereby reserved exclu- 

 sively for British fishermen. 



And it is further agreed that, in order to prevent or settle any dis 

 putes as to the places to which the reservation 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 application of either to 

 the other, shall, within six months thereafter, appoint a Commis- 

 sioner. The said Commissioners, before proceeding to any business, 

 shall make and subscribe a solemn declaration that they will impar- 

 tially and carefully examine and decide, to the best of their judgment, 

 and according to justice and equity, without fear, favor, or affection 

 to their own country, upon all such places as are intended to be re- 

 served and excluded from the common liberty of fishing under this 



