[Treaty of Ghent.] tude from the meridian of Greenwich, shall be restored on each side; that the time shall be 30 days in all other parts of the Atlantic Ocean North of the equinoctial line or Equator, and the same time for the British and Irish Channels, for the Gulf of Mexico, and all parts of the West Indies; 40 days for the North Seas, for the Baltic, and for all parts of the Mediterranean; 60 days for the Atlantic Ocean South of the Equator, as far as the latitude of the Cape of Good Hope; 90 days for every other part of the world south of the Equator; and 120 days for all other parts of the world without exception. Restoration of Prisoners of War on their payment of their Debts. Repayment of Advances for Subsistence of Prisoners. ART. III. All prisoners of war taken on either side, as well by land as by sea, shall be restored as soon as practicable after the Ratifications of this Treaty, as hereinafter mentioned, on their paying the Debts which they may have contracted during their captivity. The two Contracting Parties respectively engage to discharge in specie the advances which may have been made by the other for the sustenance and maintenance of such prisoners. Boundary: Islands in the Bay of Passamaquoddy (part of Bay of Fundy) and Island of Grand Menan. Appointment of Commissioners to decide Claims thereto. Oath, and Place of Meeting. Decision by Declaration or Report, final and conclusive.* ART. IV.† Whereas it was stipulated, by the IInd Article in the Treaty of Peace of 1783, between His Britannic Majesty and The United States of America, that the Boundary of the United States should comprehend "All Islands within twenty leagues of any part of the shores of the United States, and lying between lines to be drawn due East from the points where the aforesaid boundaries, between Nova Scotia on the one part, and East Florida on the other, shall respectively touch the Bay of Fundy and the Atlantic Ocean, excepting such Islands as now are, or heretofore have been, within the limits of Nova Scotia : " And * 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, at which latter place they drew up their Decision on the 24th November, 1817. + See Treaty between Great Britain and United States of 3rd September, 1783. Appendix. [Treaty of Ghent.] whereas the several Islands in the Bay of Passamaquoddy, which is part of the Bay of Fundy, and the Island of Grand Menan, in the said Bay of Fundy, are claimed by the United States as being comprehended within their aforesaid Boundaries, which said Islands are claimed as belonging to His Britannic Majesty, as having been, at the time of and previous to the aforesaid Treaty of 1783, within the limits of the Province of Nova Scotia; in order, therefore, finally to decide upon these Claims, it is agreed that they shall be referred to two Commissioners, to be appointed in the following manner, viz. :-One Commissioner shall be appointed by His Britannic Majesty, and one by the President of the United States, by and with the advice and consent of the Senate thereof; and the said two Commissioners so appointed, shall be sworn impartially to examine and decide upon the said Claims, according to such evidence as shall be laid before them on the part of His Britannic Majesty and of the United States respectively. 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, by a Declaration or Report, under their hands and seals, decide to which of the two Contracting Parties the several Islands aforesaid do respectively belong, in conformity with the true intent of the said Treaty of Peace of 1783; and if the said Commissioners shall agree in their Decision, both Parties shall consider such Decision as final and conclusive. Arbitration in case of Difference. It is further agreed, that in the event of the two Commissioners differing upon all or any of the matters so referred to them, or in the event of both or either of the said Commissioners refusing or declining, or wilfully omitting to act as such, they shall make, jointly or separately, Report or Reports, as well to the Government of His Britannic Majesty as to that of the United States, stating in detail the points on which they differ, and the grounds upon which their respective opinions have been formed, or the grounds upon which they, or either of them, have so refused, declined, or omitted to act. And His Britannic Majesty and the Government of the United States, hereby agree, to refer the Report or Reports of the said Commissioners to some Friendly Sovereign or State, to be then named for that purpose, and who [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 Iroquois, 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 Convention 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. |