BETWEEN THE UNITED STATES AND GREAT BRITAIN. 27 



and the next succeeding article; and such declaration shall be en- 

 tered on the record of their proceedings. 



The Commissioners shall name some third person to act as an Arbi- 

 trator or Umpire in any case or cases on which they may themselves 

 differ 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 

 determined by lot -which of the two persons so named shall be the Arbi- 

 trator or Umpire in cases of difference or disagreement between the 

 Commissioners. The person so to be chosen to be Arbitrator or Um- 

 pire shall, before proceeding to act as such in any case, make and 

 subscribe a solemn declaration in a form similar to that which shall 

 already have been made and subscribed by the Commissioners, 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 Arbitrator or Umpire, or of their or his omitting, declining or 

 ceasing to act as such Commissioner. Arbitrator, or Umpire, another 

 and different person shall be appointed or named as aforesaid to act 

 as such Commissioner, Arbitrator, or Umpire, in the place and stead 

 of the person 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 

 designate the places reserved by the said articles from the common 

 right of fishing therein. 



The decision of the Commissioners, and of the Arbitrator or Um- 

 pire shall be given in writing in each case, and 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 II. 



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 shell fish, on the eastern sea- 

 coasts and shores of the United States north of the 3C>th parallel of 

 north latitude and on the shores of the several islands thereunto 

 adjacent, and in the bays, harbors, and creeks of the said sea-coast 

 and shores of the United Stales and of the said islands, without being 

 restricted to any distance from the shore, with permission to land 

 upon the said coa-ts of the United States and of the islands afore- 

 said, for the purpose of drying their nets and curing their fish: Pro- 

 vided, that, in -<> doing, i hey do not interfere with the rights of pri- 

 vate 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 under tood that the above mentioned liberty applies solely to 



the sea fishery, and that salmon and shad fisheries, and all fisheries in 



riven and month-, of rivers, are hereby reserved exclusively for fisher- 

 men of the United States. 



******* 



