Page:United States Statutes at Large Volume 8.djvu/232

 220 TREATY WITH GREAT BRITAIN. 1814. 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 Meeting of the the United States respectively. The said commissioners shall meet at °°mm*S¤*°¤°"· Saint 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 safd commissioners shall, by a declaration or report under their hands and seals, decide to which of the two contracting parties Une 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 final and concluy,, cases omg,. sive. It is further agreed, that in the event of the two commissioners ¤sr¤¤m¤{¤t ¤1" 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, 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 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 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 m,j·,,,m8,,,, may be referred to such friendly sovereign or state, together with the friendly power. 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 consider the decision of such friendly sovereign or state to be final and conclusive on all the matters so referred. ARTICLE THE FIFTH. bmmingon. Whereas neither that point of the high lands lying due north from ora to settle the source of the river St. Croix, and designated in the former treaty b°““d“"°S‘ of peace between the two powers as the northwest angle of N ova-Scotia, nor the northwesternmost 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 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 fall into the Atlantic ocean to the northwesternmost 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 Cataraguy, 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 spe- Meeting and cified in the present article. The said commissioners shall meet at St PS22s9g1Q2S of Andrews, in the province of New-Brunswick, and shall have power tu ° m°""°‘ adjourn to such other place or places as they shall think fit. The said commissioners shall have power to ascertain and determine the points