28. Godfrey, Pattison & Co., for the repayment of duties levied on goods beyond those paid by citizens of other nations contrary to the treaty of 1815. Presented March 13, 1854; further memorial presented by leave June 15; heard June 29 and submitted. January 13, 1855, the commissioners awarded $61,689.54.

29. Messrs. Baker & Co., for expulsion from Tampico by the forces of the United States. Presented March 13, 1854. Claim dismissed.

30. Messrs. McCalmont, Greaves & Co., for the return of duties levied by the United States military authorities at Vera Cruz during the Mexican war through alleged mistake in the American tariff. Presented December 30, 1853; heard April 22 and 25, 1854, and submitted. December 1 the commissioners disagreed on the allowance of the claim, and it was referred to the umpire. Heard before the umpire January 7, 1855. January 8 the umpire awarded the sum of $11,733.58.

31. Messrs. Calmont & Co., for the seizure of goods belonging to them by the Mexicans while such goods were under convoy of the United States forces. Presented December 7, 1853; heard and submitted; disallowed. Further claim, for return of duties paid on the goods. Presented December 3, 1853; heard May 18, 1854. December 1 the commissioners disagreed and the claim was referred to the umpire. The umpire heard the claim December 7, and on December 26 disallowed it.

32. Messrs. Cotesworth, Powell & Pryor, for lands granted them in Texas while Texas was under the government of Mexico. Presented March 13, 1851; heard before the commissioners and umpire November 20. November 25 disallowed.

33. Messrs. T. & B. Laurent, for the seizure and confiscation by General Scott of a debt alleged to be due from the Messrs. Laurent to the Mexican Government on a contract for the purchase of real estate. The validity of the contract was denied by that government, and the estate which the Messrs. Laurent claimed was denied by a judgment of the Mexican courts. Presented January 16, 1851; question of jurisdiction raised April 5; heard and submitted. September 26 the commissioners, being unable to agree, severally delivered their opinions, which were placed on file, and the case was committed to the decision of the umpire. December 20 claim disallowed by the umpire.

34. Brigantine Confidence. Claim for the running down of the vessel by the United States frigate Constitution in the Straits of Gibraltar December 1, 1850. Presented February 17, 1854; heard June 10 and submitted; further papers filed by leave June 19 and October 6. Referred by the commissioners to the umpire. January 13, 1855, the umpire awarded the sum of $9,916.20.

35. Samuel Bradbury, for the return of moneys alleged to have been 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.

36. Hudson's Bay Company, for drawback of duties paid on goods at Astoria in 1852 and reexported to Fort Vancouver. Presented March 13, 1851; heard July 29 and submitted. October 11 the commissioners awarded the sum of $1,523.68.

37. Hudson's Bay Company, for supplies furnished American volunteers raised in Oregon on the breaking out of hostilities with the Indians and expenditures incurred in the rescue of captives from the Indians prior to the organization of the Territorial government. Presented March 13, 1854; heard July 29 and submitted. December 1 the commissioners awarded the sum of $3,182.21.

38. George Houghton, for the return of specie alleged to have been taken on board a private vessel captured by a United States vessel of war. January 2, 1855, the commissioners awarded the sum of $2,500.

39. The Baron Renfrew, Duncan Gibbs owner, for seizure and detention of the vessel at San Francisco. Presented March 6, 1854; heard March 21 and submitted. October 28, the commissioners disagreed as to the amount to be awarded, and on December 23 the umpire awarded $6,000.

40. Alexander McLeod, for damages occasioned by his arrest, detention, and trial in New York on a charge of being concerned in the destruction of the steamer Caroline. Presented March 13, 1854; statement made by McLeod, by consent, September 27; heard before the commissioners and umpire December 11. January 2, 1855, the commissioners disagreed as to the allowance of the claim, and on January 15 it was disallowed by the umpire.

41. Charles Uhde, for the seizure and alleged confiscation of merchandise by the United States forces in Matamoras during the year 1846. Presented June 14, 1854; heard January 8, 1855. January 9, the commissioners disagreed, and on January 15 the umpire awarded the sum of $2,500.

42. The Sir Robert Peel, Jonas Jones and others owners, for destruction of the vessel in the river St. Lawrence in 1838 by persons alleged to be citizens of the United States. Presented March 13, 1854; submitted on the papers for decision December 9. January 2, 1855, disallowed.

43. Messrs. Butterfield & Brothers, for the repayment of certain duties. No evidence submitted. Dismissed.

44. J. P. Oldfield & Co., for the repayment of duties levied on goods beyond those paid by citizens of other nations, contrary to the treaty of 1815. Presented May 23, 1854; heard July 8 and submitted. January 13, 1855, the commissioners awarded the sum of $3,099.54 to Charles Turner, official assignee of J. P. Oldfield, of Manchester, in full of the claim.

45. Charles Kenworthy (George H. Taylor, agent), for return of moneys alleged to be illegally detained by the collector of customs at New York on a charge of entry of goods with false invoices. Presented March 15, 1854; heard November 1 and submitted. November 13 claim disallowed. 46. James Shaw (George H. Taylor, agent), for return of duties, as in No. 45. Presented March 15, 1851; heard November 4 and submitted. November 13 claim disallowed.

47. John Taylor, jr., by his executors, Francis Shaw and others, for return of moneys alleged to be illegally obtained by the collector of customs at New York, as a 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.

48. Messrs. Kerford & Jenkin, merchants in Zacatecas, Mexico. Claim for detention by the United States forces of the caravan of Kerford & Jenkin, conveying goods to the interior of Mexico during the year 1846.

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 United States custom-house officers. withdrawn.

seizure of goods at Cincinnati by Presented March 13, 1854. Claim

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 lauds 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, 1854; 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. Presented March 13, 1854. Dismissed.

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.

Treaty of 1783; Convention of 1818.

By Article III. of the treaty of peace between 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 inhab itants 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.