62 APPENDIX TO BRITISH CASE. 



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 recip- 

 rocally beneficial and satisfactory, have, respectively, named Pleni- 

 potentiaries 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 

 Majesty'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 following 

 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 de- 

 fined, 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, harbours, 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 ex- 

 clusively 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 commissioner. 

 The said Commissioners, before proceeding to any business, shall 

 make and subscribe a solemn declaration that they will impartially 

 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 reserved 

 and excluded from the common liberty of fishing under this and the 

 next succeeding article; and such declaration shall be entered on the 

 record of their proceedings. 



