[Treaty of Ghent.] shall be requested to decide on the differences which may be stated in the said Report or Reports, or upon the Report of one Commissioner, together with the grounds upon which the other Commissioner shall have refused, declined, or omitted to act, as the case may be. And if the Commissioner so refusing, declining, or omitting to act, shall also wilfully omit to state the grounds upon which he has so done, in such manner that the said statement may be referred to such friendly Sovereign or State, together with the Report of such other Commissioner, then such Sovereign or State shall decide, ex parte, upon the said Report alone, and His Britannic Majesty and the Government of the United States engaged to consider the Decision of such friendly Sovereign or State, to be final and conclusive on all the matters so referred. Boundary: Determination of Point of Highlands North of River St. Croix, or North-West Angle of Nova Scotia, and NorthWesternmost Head of Connecticut River. Survey of Line from River St. Croix to Nova Scotia along Highlands to Connecticut River, down River to 45th Degree, and Line West to River 1roquois, or Cataraguy (St. Lawrence). ART. V. Whereas neither that point of the Highlands lying due North from the source of the River St. Croix, designated in the former Treaty of Peace between the two Powers, as the north-west angle of Nova Scotia, nor the north-westernmost head of Connecticut River have yet been ascertained; and whereas that part of the Boundary line between the dominions of the two Powers, which extends from the source of the River St. Croix, directly North to the above-mentioned north-west angle of Nova Scotia, thence along the said Highlands which divide those Rivers that empty themselves into the River St. Lawrence from those which fall into the Atlantic Ocean to the north-westernmost head of Connecticut River, thence down along the middle of that River to the 45th degree of north latitude, thence by a line due West on said latitude until it strikes the River Iroquois, or Cataraguy, has not yet been surveyed, it is agreed that for these several purposes two Commissioners shall be appointed, sworn, and authorised, to act exactly in the manner directed with respect to those mentioned in the next preceding Article, unless otherwise specified in the present Article. [Treaty of Ghent.] Appointment of Commissioners, Oath, and Place of Meeting.* The said Commissioners shall meet at St. Andrew's, in the province of New Brunswick, and shall have power to adjourn to such other place or places as they shall think fit. The said Commissioners shall have power to ascertain and determine the points above mentioned, in conformity with the provisions of the said Treaty of Peace of 1783 ;† and shall cause the Boundary aforesaid, from the source of the River St. Croix to the River Iroquois, or Cataraguy, to be surveyed and marked according to the said provisions; the said Commissioners shall make a Map of the said boundary, and annex to it a Declaration under their hands and seals, certifying it to be the true Map of the said Boundary, and particularising the latitude and longitude of the north-west angle of Nova Scotia, of the north-westernmost head of Connecticut River, and of such other points of the said Boundary as they may deem proper. Map and Declaration, Final and Conclusive. And both parties agree to consider such Map and Declaration as finally and conclusively fixing the said Boundary. Arbitration in case of Difference. And in the event of the said two Commissioners differing, or both, or either of them, refusing, declining, or wilfully omitting to act, such reports, declarations or statements shall be made by them, or either of them, and such reference to a friendly Sovereign or State shall be made in all respects, as in the latter part of the IVth Article is contained, and in as full a manner as if the same was herein repeated. The Commissioners were :-For Great Britain, Mr. Thomas Barclay; for the United States, Mr. John Holmes. They met first at St. Andrew's and afterwards at New York; but as they were unable to agree upon the Boundary line, a Couvention was concluded on the 29th September, 1827, for regulating the reference of the disputed points to Arbitration. The King of the Netherlands was invited to accept the office of arbitrator, and he did so, and on the 10th January, 1831, he pronounced his Decision. It was not, however, accepted by the United States, as the Award did not profess to follow the submission, but recommended a conventional line; and the Boundary line was finally settled by the Treaty of 9th August, 1842. + See Treaty between Great Britain and United States of 3rd September, 1783. Appendix. [Treaty of Ghent,] Boundary: Water Line through River Iroquois (St. Lawrence), through Lakes Ontario, Erie, and Huron, to Lake Superior. Doubts as to Middle of Lakes and Islands therein. ART. VI. Whereas by the former Treaty of Peace that portion of the Boundary of the United States from the point where the 45th degree of north latitude strikes the River Iroquois, or Cataraguy, to the Lake Superior, was declared to be "along the middle of said River into Lake Ontario, through the middle of said Lake, until it strikes the communication by water between that Lake and Lake Erie, thence along the middle of said communication into Lake Erie, through the middle of said Lake until it arrives at the water communication into the Lake Huron, thence through the middle of said Lake to the water communication between that Lake and Lake Superior;" and whereas doubts have arisen what was the middle of the said River, Lakes, and water communications, and whether certain Islands lying in the same were within the dominions of His Britannic Majesty or of the United States. Appointment of Commissioners. Oath, and Place of Meeting.* In order, therefore, finally to decide these doubts, they shall be referred to two Commissioners, to be appointed, sworn, and authorised, to act exactly in the manner directed with respect to those mentioned in the next preceding Article, unless otherwise specified in this present Article. The said Commissioners shall meet, in the first instance, at Albany, in the State of New York, and shall have power to adjourn to such other place or places as they shall think fit. Report or Declaration, Final and Conclusive. The said Commissioners shall, by a Report or Declaration, under their hands and seals, designate the Boundary through the said Rivers, Lakes, and water communications, and decide to which of the two Contracting Parties the several Islands lying within the said Rivers, Lakes, and water communications, do respectively belong, in conformity with the true intent of the said Treaty of * The Commissioners were :-For Great Britain, Mr. Anthony Barclay; and for the United States, Mr. Peter B. Porter. They met first at Albany, and afterwards at Utica, and they pronounced their Decision on the 18th June, 1822. [Treaty of Ghent.] 1783. And both parties agree to consider such designation and Decision as final and conclusive. Arbitration in case of Difference. And in the event of the said two Commissioners differing, or both, or either of them refusing, declining, or wilfully omitting to act, such Reports, Declarations, or Statements, shall be made by them, or either of them, and such reference to a friendly Sovereign or State shall be made in all respects, as in the latter part of the IVth Article is contained, and in as full a manner as if the same was herein repeated. * Boundary; Determination, by Last Commissioners, of Water Line from Lake Huron and Lake Superior to the Lake of the Woods, and of Islands therein, and Latitude and Longitude of North-West Point of Lake of the Woods. ART. VII. It is further agreed, that the said two last-mentioned Commissioners, after they shall have executed the duties assigned to them in the preceding Article, shall be, and they are hereby authorised, upon their oaths, impartially to fix and determine, according to the true intent of the said Treaty of Peace of 1783,† that part of the boundary between the dominions of the two Powers, which extends from the water communication between Lake Huron and Lake Superior, to the most North-Western Point of the Lake of the Woods; to decide to which of the two Parties the several Islands lying in the Lakes, water communications, and Rivers, forming the said Boundary, do respectively belong, in conformity with the true intent of the said Treaty of Peace of 1783, and to cause such parts of said Boundary as require it, to be surveyed and marked. Report and Declaration, Final and Conclusive. The said Commissioners shall, by a Report or Declaration, under their hands and seals, designate the Boundary aforesaid, state their decision on the points thus referred to them, and The Commissioners were:-For Great Britain, Mr. Anthony Barclay; for the United States, Mr. Peter B. Porter. They met at New York, and on the 23rd October, 1826, they made their Report. They were unable, however, to agree on certain points, and the line of Boundary was finally settled by the Treaty of 9th August, 1842. + See Treaty between Great Britain and United States of 3rd September, 1783. Appendix. [Treaty of Ghent.] particularise the latitude and longitude of the most NorthWestern Point of the Lake of the Woods, and of such other parts of the said Boundary as they may deem proper, and both Parties agree to consider such designation and Decision as final and conclusive. Arbitration in case of Difference. And in the event of the said two Commissioners differing, or both or either of them refusing, declining, or wilfully omitting to act, such Reports, Declarations, or Statements shall be made. by them, or either of them, and such reference to a friendly Sovereign or State shall be made in all respects as in the latter part of Article IV is contained, and in as full a manner as if the same was herein repeated. Boundary: Appointment of Secretary, Surveyor, and last Commissioners. Duplicates of Reports, Declarations, Statements, Decisions, Accounts, and Journals of Proceedings. Payments of Salaries and Expenses. Supply of Vacancies. ART. VIII, The several Boards of two Commissioners, mentioned in the four preceding Articles, shall respectively have power to appoint a Secretary, and to employ such Surveyors or other persons as they shall judge necessary. Duplicates of all their respective Reports, Declarations, Statements, and Decisions, and of their Accounts, and of the Journal of their Proceedings, shall be delivered by them to the Agents of His Britannic Majesty, and to the Agents of the United States, who may be respectively appointed and authorised to manage the business on behalf of their respective Governments. The said Commissioners shall be respectively paid in such manner as shall be agreed between the two Contracting Parties, such agreement being to be settled at the time of the exchange of the Ratifications of this Treaty. And all other expenses attending the said Commissioners shall be defrayed equally by the Two Parties. And in case of death, sickness, resignation, or necessary absence, the place of every such Commissioner respectively shall be supplied in the same manner as such Commissioner was first appointed, and the new Commissioner shall take the same oath or affirmation, and do the same duties. Validity of Grants of Land in Islands in question made by Power in possession before the War. It is further agreed between the two Contracting Parties, |