Presented December 1, 1853; questions of jurisdiction raised; heard April 6; heard also on the merits June 24; heard before the umpire on its merits November 15. November 13 the commissioners disagreed on the allowance of the claim and the case was referred to the umpire. January 10, 1855, claim disallowed by the umpire.

49. Charles Green, for the seizure of certain hardware at San Francisco by United States revenue officers. Presented March 13, 1854, and submitted on the papers. October 10 claim disallowed.

50. William Patterson, for injuries alleged to have been received at Matamoras from the forces of the United States. Presented February 23,

1854; heard and submitted. October 11 claim disallowed.

51. John Potts, for losses occasioned by the closing of his mint in Mexico by the forces of the United States. Presented January 13, 1854. Claim disallowed.

52. Messrs. Glen & Co., for the seizure of wines and other spirits at San Francisco. Presented March 13, 1854; submitted on papers. October 18 claim dismissed as being in progress of settlement by the Secretary of the United States Treasury.

53. P. B. Murphy, for return of duties on brandy levied at San Francisco. Presented March 13, 1854. Claim withdrawn, the duties having been refunded by the collector.

54. Charles B. Hall, for the illegal seizure of goods at Cincinnati by United States custom-house officers. Presented March 13, 1854. Claim withdrawn.

55. The Mary Anne, for loss arising out of infringement of the emigrant passenger act. Presented March 13, 1854. Claim disallowed.

56. The ship Herald, for injuries received at Marseilles by the United States sloop-of-war Erie. Presented March 13, 1854; submitted on the papers. Claim dismissed.

57. Hon. W. Black, for lands in New Brunswick included by location and adjustment of the boundary line within the State of Maine. Presented March 13; submitted on the papers May 26. Claim disallowed.

58. Lord Carteret. Claim for lands granted to his ancestors in North and South Carolina and to which he alleged himself to be entitled. Presented January 9, 1854, and submitted on the papers. Claim disallowed. 59. Earl of Dartmouth. Claim for lands formerly granted to him situated in East Florida. Presented January 10, 1854, and submitted on the papers. Claim disallowed.

60. The representatives of Col. Elias Dunford. Claim for lands formerly granted to him in Florida. Presented March 13, 1854; heard May 26 and submitted on the papers. Claim disallowed.

61. James H. Rogers, for the recovery of lands in Florida. Presented March 15, 1854, and submitted on the papers. Claim disallowed.

62. Thomas Whyte, for the recovery of lands in Florida. Presented March 13, 1854; heard May 26 and submitted. Claim disallowed.

63. G. Rotchford Clarke, for the recovery of lands in Vermont, or the value thereof, granted to his ancestors by the State of New York prior to the admission of Vermont into the Union, and which were claimed to be reserved to the proprietors under provisions of treaty between the United States and Great Britain. Presented March 13, 1851; heard May 5 and 6 on question of jurisdiction and submitted. Claim disallowed.

64. Bark Pearl, James Tindall et al. owners, for the seizure and confiscation of the vessel at San Francisco for alleged breach of the United States navigation laws. Presented March 13, 1854; heard May 18 and submitted. October 28 claim disallowed.

65. Duties on cotton goods, Charles Wirgman, agent. Claim for return of duties levied on cotton goods beyond those paid by other nations, in contravention of the treaty of commerce of 1815. Presented March 15, 1854; heard July 8 and submitted. January 13, 1855, claims in favor of various persons were severally allowed by the commissioners, amounting in all to $29, 760.14. Claim for return of duties, as above, by John A. Hobson and Andrew Taylor. January 13 the commissioners awarded to John A. Hobson the sum of $42.58 and to Andrew Taylor the sum of $170.76.

66. Claim for return of duties levied on cotton goods, as in No. 65, Andrew Mitchell, agent. January 6, 1855, claims in favor of various persons were severally allowed by the commissioners, amounting in all to $20,602.65.

67. George and Samuel Shaw, for return of moneys alleged to be illegally obtained by the collector of customs at New York in compromise of a suit brought on a charge of having entered goods with false invoices. Presented March 15, 1854; heard January 6, 1855, and submitted. January 13 claim disallowed.

68. William Broadbent, for return of moneys as above, in No. 67. Presented March 15, 1854; heard January 6, 1855, and submitted. January 13, 1855, claim disallowed by the umpire.

69. William Bottomley, by his executors, for return of moneys, as in No. 67. Presented March 15, 1854; heard January 12, 1855, and submitted. January 13 claim disallowed.

70. The Crosthwaite, Messrs. Stuart & Simpson owners, for seizure of the vessel at New Orleans. Presented March 13, 1854. Dismissed. 71. Shipowners' Society, for seizure of a vessel in 1854. March 13, 1854. Dismissed.

Presented

72. The Druckenfield, Messrs. David Lyon & Co. owners, for return of discriminating duties. Presented March 13, 1854. Dismissed. 73. The Science, Messrs. Wilson & McClelland owners, for return of duties levied on the vessel during the year 1846. Presented March 13, 1854. Dismissed.

74. The Prosperity, Messrs. Musgrave owners, for excess of duties imposed on the vessel. Presented March 13, 1854. Dismissed.

75. Anglo-Mexican Mint Company, for loss caused by an order of the United States prohibiting the exportation of gold from Mexico. Presented March 13, 1854. Dismissed.

CHAPTER XIII.

RESERVED FISHERIES UNDER THE RECIPROCITY TREATY OF 1854.

vention of 1818.

By Article III. of the treaty of peace between Treaty of 1783; Con- the United States and Great Britain of 1783 it was agreed that the people of the United States should continue to enjoy unmolested the "right" to "take fish" on the Banks of Newfoundland, in the Gulf of St. Lawrence, and at all other places in the sea where the inhabitants of both countries had been accustomed to fish; that they should have "liberty" to "take fish" on the coasts of Newfoundland and of the other British dominions in America; and that they should, subject to certain conditions, also have "liberty" to "dry and cure fish" in any of "the unsettled bays, harbors and creeks of Nova Scotia, Magdalen Islands, and Labrador." After the war of 1812 the British Government maintained that these "liberties," which consisted of certain privileges to be exercised within British jurisdiction, had been terminated by the war; and on October 20, 1818, a convention was concluded by which the United States renounced forever, except as to the Magdalen Islands, the southern coast of Labrador, and part of the coast of Newfoundland, "any liberty heretofore enjoyed or claimed to take, dry, or cure fish on, or within three marine miles of any of the coasts, bays, creeks, or harbors of His Britannic Majesty's dominions in America."

The history of these stipulations and of the Reciprocity Treaty. controversies that arose concerning them is narrated in the chapter on the Halifax commission.' It suffices for our present purpose to say that on June 5, 1854, William L. Marcy, as Secretary of State of the United States, and Lord Elgin, as the special representative of Great Britain,

Chapter XVI.

signed a treaty by which all differences touching the convention of 1818 were temporarily merged in a reciprocal arrangement embracing commerce and navigation as well as the fisheries. The fisheries were treated of in the first and second articles. By these articles the American fishermen were readmitted, so long as the treaty should last, to the inshore fisheries which the convention of 1818 had renounced; and on the other hand the British fishermen were admitted to the inshore fisheries on the eastern coasts of the United States north of the thirty-sixth parallel of north latitude. But in each case it was expressly declared that the "liberty" thus granted applied "solely to the sea fishery," and that the "salmon and shad fisheries, and all fisheries in rivers and mouths of rivers," were "reserved" by each country "exclusively" for its own fishermen.

Provision for a Commission.

The places thus reserved from the common liberty of fishing were not specified; and "in order to prevent or settle any disputes" concerning them it was agreed by the first article of the treaty that each of the high contracting parties should, on the application of either to the other, appoint a commissioner, for the purpose of deciding upon all such places as were "intended to be reserved and excluded from the common liberty of fishing." The commissioners were required, before proceeding to any business, to make and subscribe a solemn declaration to perform this service "impartially and carefully," "to the best of their judgment, and according to justice and equity, without fear, favor, or affection to their own country." They were also required to name an umpire, and if they could not agree upon any person for that office, to cast lots. It was provided that the decisions of the commissioners and of the umpire should be given in writing in each case, and be signed by them. respectively; and the contracting parties engaged "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."

Beginning of Commission's Work.

The commission was organized in 1855. The commissioners on the part of the United States and Great Britain were, respectively, G. G. Cushman, of Maine, and M. H. Perley, of New Brunswick. Richard D. Cutts, of the United States Coast and Geodetic Survey, served as United States surveyor, and George II.

Perley, of New Brunswick, as British surveyor. Messrs. Cush man and Cutts arrived at Halifax August 25, 1855. They sailed with the British commissioner and British surveyor from that port for the river Miramichi, but, encountering head winds, put into the Bay of Buctouche, and examined the Buc touche River. The British commissioner desired to mark the river from Glover's Point to the sand bar. The American commissioner objected to this line because (1) it included the whole of Buctouche harbor, and (2) did not indicate the mouth of any one of the three rivers or streams falling into that harbor. The American commissioner contended that the mouth of a river "is that part or channel of a river by which its waters are discharged into the ocean or into a lake." Where a river empties into a bay, he maintained that the mouth could not include any part of the ocean or bay properly so called. From Buctouche harbor the commissioners went to the Bay of Miramichi, where again they disagreed, holding different views as to the mouth of the river of that name. They agreed to make some examinations on the coast of the United States before the end of the season, but failed to do so.1

Season of 1856.

May 3, 1856, Mr. Perley, the British commissioner, arrived in Washington, the purpose of his visit being to formulate a plan of work for the coming season. In the absence of Mr. Cushman he conferred with Mr. Cutts, and on the 8th of May a plan was agreed on. It was arranged that the commission should meet in Boston on the 27th of May, and proceed from that point to designate the rivers lying between York River, in Maine, and Cape May, New Jersey, devoting to that task the months of May, June, October, and November. They agreed to devote July, August, and September to the British coasts..

The commission met in Boston on the 31st of May, and on the 2d of June Mr. Cushman presented a list of fifteen rivers in Massachusetts and New Hampshire, viz: Piscataqua, Merrimack, Ipswich, Saugus, Mystic and Charles, Neponset, North River, Weweantic, Mattapoisett, Acushnet, Pamanset, Acoak set, Taunton, Warren, Seekonk. From June 6 to June 25 the coasts were examined, and Mr. Cushman withdrew from time to time the Saugus, Mystic and Charles, Neponset, North River, Mattapoisett, Acushnet, and Pamanset. From the

Mr. Cushman to Sec. of State, December 17, 1855. (MSS. Dept. of State.)