Scotia, nor the North Westernmost head of Connecticut River has 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 abovementioned 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 forty fifth degree of North Latitude, thence by a line due west on said Latitude until it strikes the River Iroquois or Cataraquy, has not yet been surveyed: it is agreed that for these several purposes two Commissioners shall be appointed, sworn, and authorized to act exactly in the manner directed with respect to those mentioned in the next preceding Article unless otherwise specified in the present Article: The said Commissioners shall meet at St Andrews 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 abovementioned in conformity with the provisions of the said Treaty of peace of one thousand seven hundred and eighty three and shall cause the boundary aforesaid from the source of the river St. Croix to the River Iroquois or Cataraquy 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 particularizing 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. And both parties agree to consider such map and declaration as finally and conclusively fixing the said Boundary. 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 fourth Article is contained and in as full a manner as if the same was herein repeated. ARTICLE THE SIXTH Whereas by the former Treaty of Peace that portion of the boundary of the United States from the point where the forty fifth degree of North Latitude strikes the River Iroquois or Cataraquy 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: In order therefore finally to decide these doubts, they shall be referred to two Commissioners to be appointed, sworn and authorized to act exactly in the manner directed with respect to those mentioned in the next preceding Article unless otherwise specified in this 7468-14 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. The said Commissioners shall by a report or declaration under their hands and seals designate the boundary through the said river, 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 one thousand seven hundred and eighty three. And both parties agree to consider such designation and decision as final and conclusive. 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 Fourth Article is contained and in as full a manner as if the same was herein repeated. ARTICLE THE SEVENTH 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 authorized upon their oaths impartially to fix and determine according to the true intent of the said Treaty of Peace of one thousand seven hundred and eighty three, 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 one thousand seven hundred and eighty three and to cause such parts of the said boundary as require it to be surveyed and marked. 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 particularize the Latitude and Longitude of the most North Western 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. 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 fourth Article is contained and in as full a manner as if the same was herein repeated. ARTICLE THE EIGHTH. 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 procedings 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 authorized 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 Commissions shall be defrayed equally by the two parties. And in the 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. It is further agreed between the two Contracting Parties that in case any of the Islands mentioned in any of the preceding Articles, which were in the possession of one of the parties prior to the commencement of the present War between the two Countries should by the decision of any of the boards of Commissioners aforesaid, or of the Sovereign or State so referred to as in the four next preceding Articles contained fall within the dominions of the other party, all grants of Land made previous to the commencement of the War by the party having had such possession shall be as valid as if such Island or Islands had by such decision or decisions been adjudged to be within the dominions of the party having had such possession. ARTICLE THE NINTH The United States of America engage to put an end immediately after the ratification of the present Treaty to hostilities with all the Tribes or Nations of Indians with whom they may be at war at the time of such ratification and forthwith to restore to such Tribes or Nations respectively all the possessions, rights and privileges which they may have enjoyed or been entitled to in one thousand eight hundred and eleven previous to such hostilities. Provided always that such Tribes or Nations shall agree to desist from all hostilities against the United States of America, their Citizens and Subjects, upon the ratification of the present Treaty being notified to such Tribes or Nations, and shall so desist accordingly. And His Britannic Majesty engages on his part to put an end immediately after the ratification of the present Treaty to hostilities with all the Tribes or Nations of Indians with whom He may be at War at the time of such Ratification, and forthwith to restore to such Tribes or Nations respectively all the possessions, rights and privileges which they may have enjoyed or been entitled to in one thousand eight hundred and eleven previous to such hostilities. Provided always that such Tribes or Nations shall agree to desist from all hostilities against His Britannic Majesty and His Subjects upon the ratification of the present Treaty being notified to such Tribes or Nations, and shall so desist accordingly. ARTICLE THE TENTH Whereas the traffic in Slaves is irreconcilable with the principles of humanity and Justice and whereas both His Majesty and the United States are desirous of continuing their efforts to promote its entire abolition, it is hereby agreed that both the contracting parties shall use their best endeavours to accomplish so desirable an object. ARTICLE THE ELEVENTH. This Treaty when the same shall have been ratified on both sides without alteration by either of the Contracting parties, and the Ratifications mutually exchanged, shall be binding on both parties, and the Ratifications shall be exchanged at Washington in the space of four Months from this day or sooner if practicable. In faith whereof We the respective Plenipotentiaries have signed this Treaty, and have thereunto affixed our Seals. Done in triplicate at Ghent the twenty fourth day of December one thousand eight hundred and fourteen. COMMISSION UNDER ARTICLE IV.-ISLANDS IN PASSAMAQUODDY BAY PART OF BAY OF FUNDY. The commission appointed under Article IV met September, 1816, and decided November 24, 1817, as to the ownership of the islands in Passamaquoddy Bay. The boundary line in Passamaquoddy Bay was marked by commissioners appointed under the treaty of 1892, p. 264. Decision of the Commissioners under the fourth article of the Treaty of Ghent. November 24, 1817. By Thomas Barclay and John Holmes Esquires Commissioners, appointed by virtue of the fourth Article of the Treaty of Peace and Amity between His Britannic Majesty and The United States of America concluded at Ghent on the twenty fourth day of december One Thousand eight hundred and fourteen to decide to which of the two Contracting parties to the said Treaty 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 do respectively belong, in conformity with the true intent of the second Article of the Treaty of Peace of One Thousand seven hundred and eighty three between His said Britannic Majesty and the aforesaid United States of America. We the said Thomas Barclay and John Holmes Commissioners as aforesaid having been duly sworn impartially to examine and decide upon the said claims according to such evidence as should be laid before us on the part of His Britannic Majesty and The United States respectively Have decided and do decide that Moose Island, Dudley Island, and Frederick Island, in the Bay of Passamaquoddy which is part of the Bay of Fundy do and each of them does belong to The United States of America and we have also decided and do decide that all the other Islands and each and every of them in the said Bay of Passamaquoddy which is part of the Bay of Fundy and the Island of Grand Menan in the said Bay of Fundy do belong to His said Britannic Majesty in conformity with the true intent of the said second Article of said Treaty of One Thousand seven hundred and eighty three. In faith and Testimony whereof we have set our hands and affixed our Seals at the City of New York in the State of New York in the United States of America This twenty fourth day of November, in the year of our Lord one thousand eight hundred and seventeen. JOHN HOLMES [SEAL.] Witness: JAMES T. AUSTIN, Agt. U. S. A. ANTH: BARCLAY, Sec'y. COMMISSION UNDER ARTICLE V.—BOUNDARY FROM THE SOURCE OF THE SAINT CROIX RIVER TO THE SAINT LAWRENCE RIVER. The commission met September 23, 1816, and, having disagreed, held their last meeting April 13, 1822. By the convention of 1827 the dispute was left to the decision of the King of the Netherlands, who delivered his award January 10, 1831, which was not accepted by either Government, and the boundary was finally agreed to in the Webster-Ashburton Treaty, p. 225. COMMISSION UNDER ARTICLE VI.-BOUNDARY FROM THE SAINT LAWRENCE RIVER TO LAKE SUPERIOR. The commission met November 18, 1816, and, having agreed, held their last meeting June 22, 1822. The following is their decision: DECISION OF THE COMMISSIONERS UNDER THE SIXTH ARTICLE OF THE TREATY OF GHENT. DONE AT UTICA, IN THE STATE OF NEW YORK, 18TH JUNE. 1822. The Undersigned Commissioners, appointed, sworn, and authorized, in virtue of the Sixth Article of the treaty of Peace and Amity between His Britannic Majesty and the United States of America, concluded at Ghent, on the twenty fourth day of December, in the year of our Lord, One thousand eight hundred and fourteen, impartially to examine, and, by a Report or Declaration, under their hands & seals, to designat, "that portion of the boundary of the United States, from the point where the 45th degree of north latitude, strikes the river Iroquois or Cataraqua, along the mid"dle 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 mid"dle of said communication, into Lake Erie, through the middle of said Lake, until it "arrives at the water communication into Lake Huron, thence through the middle of "said water communication into Lake Huron, thence, through the middle of said lake, "to the water communication between that lake and Lake Superior," and, to "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 treaty of 1783:" Do Decide and Declare, that the following described line (which is more clearly indicated on a series of Maps accompanying this report, exhibiting, correct surveys and delineations of all the rivers, lakes, water communications and islands, embraced by the sixth Article of the Treaty of Ghent, by a black line, shaded on the British side with red, and on the American side with blue; and each sheet of which series of Maps is identified by certificate, subscribed by the Commissioners and by the two principal surveyors employed by them) is the true boundary intended by the two before mentioned treaties: That is to say, Beginning at a Stone monument, erected by Andrew Ellicott Esquire, in the year of our Lord one thousand eight hundred and seventeen, on the south bank or shore of the said river Iroquois or Cataraqua, (now called the St Lawrence,) which Monument bears south seventy four degrees and forty five minutes west, and is eighteen hundred and forty yards distant from the stone church in the Indian village of St Regis, and indicates the point at which the forty fifth parallel of north latitude strikes the said river: Thence running north thirty five degrees and forty five minutes west, into the river, on a line at right angles with the southern shore, to a point one hundred yards south of the opposite island, called Cornwall Island; Thence, turning westerly, and passing around the southern and western sides of said island, keeping one hundred yards distant therefrom, and following the curvatures of its shores, to a point opposite to the north west corner or angle of said island: Thence to and along the middle of the main river, until it approaches the eastern extremity of Barnhart's Island: Thence northerly, along the channel which divides the last mentioned island from the Canada Shore, keeping one hundred yards distant from the island, until it approaches Sheiks Island: Thence along the middle of the strait which divides Barnhart's and Sheik's islands, to the channel, called the long Sault, which separates the two last mentioned islands from the lower Long Sault Island: Thence westerly (crossing the centre of the last mentioned channel) until it approaches within one hundred yards of the north shore of the Lower Sault Island: Thence up the north branch of the river, keeping to the north of, and near, the Lower Sault Island, and also north of, and near, the Upper Sault (sometimes called Baxter's) Island, and south of the two small islands, marked on the Map A and B to the western extremity of the Upper Sault, or Baxter's Island; Thence, passing between the two |