Page:United States Statutes at Large Volume 18 Part 2c.djvu/296

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GREAT BRITAIN, 1814. 289 Province of Nova Scotia: In order, therefore, finally to decide upon Apmintment of these claims, it is agreed that they shall be referred to two Commission °°'“'“i“i"“°’“· ers 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 impartiully 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 Commission- M°°l“¥g °f W " ers shall meet at St. Andrews, in the Province of New Brunswick, and °°mml°m°°°m` shall have power to adjourn to such other place or places as they shall think tit. The said Commissioners shall, by a declaration or report under their hands and seals, decide to which of the two contracting pm-ties the several islands aforesaid do respectively belong, in conformity with the true intent of the said treaty of peace of one thousand seven hundred and eighty-three. And if the said Commissioners shall agree in their decision, both parties shall consider such decision as dual und conclusive. It is further agreed that, in the event of the two Com- Di¤¤gF¤¤m¤¤t ¤f missioners diflering 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 wilful1y omitting to act as such, they shull make, jointly or separately, a 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 ditfer, 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 .R°*`°*°¤°° *0 ¤ Britannic Majesty and the Government of the United State hereby f"°"dl·Y P°"°" agree to refer the report or reports of the said Commissioners to some triendly sovereign or State, to be then named for that purpose, and who 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 Gommissioner 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 engage to Decision num. consider_the decision of such friendly sovereign or State to be iinal and conclusive on all the matters so referred. Anrxcnm V. Whereas neither that point of the highlands lying due north from B¤¤¤dMy f¤‘<>¤¤ the source of the river St. Croix, and designated in the former treaty of "f "”'°’ S'· pezwe between the two Powers as the northwest angle of Nova Scotia, [Sci, Article U nor the northwesternmost head of Connecticut River, has yet been ascer- mum, 0,- 1873, pf tained; and whereas that part of the boundary line between the domiu- 266.] ions of the two Powers which extends from the source of the river St. Croix directly north to the abovemeutioned northwest angle of Nova Scotia, thence along the said highlands which divide those rivers that empty themselves into the river St. Lawrence from those which fallinto the Atlantic Ocean to the northwesternmost head of Connecticut River, thence down along the middle of that river to the forty-nfth degree of north latitude; thence by an 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, Ccmnnssmuemm Sworn, and authorized to act exactly in the manner directed with respect b° “PP""‘*°“· to those mentioned in the next preceding article, unless otherwise speci- _ fled in the present article. The said Commissioners shall meet at St. wElq¤t¤ngntgnd1>r¤- Andrews, in the Province of New Brunswick, and shall have power to misslgggmt °°'“‘ adjourn to such other place or places as they shall think lit. The said rz s rv--19