Page:United States Statutes at Large Volume 8.djvu/376

 364 CONVENTION WITH GREAT BRITAIN. 1827. before the Commission under the fifth article of the Treaty of Ghent, or of the other evidence mutually communicated or applied for as above provided, which it may think fit, Maps to be Art. 4. The map called Mitchell’s map, by which the framers of the •¤¤°X¢d¤>*l¤¤ Treaty of 1783 are acknowledged to have regulated their joint and °"‘°°°'°"°°' official proceedings, and the map A, which has been agreed on by the contracting Parties, as a delineation of the water courses, and of the boundary lines in reference to the said water courses, as contended for by each Party respectively, and which has accordingly been signed by the above named Plenipotentiaries, at the same time with this Convention, shall be annexed to the statements of the contracting Parties, and be the only maps that shall be considered as evidence, mutually acknowledged by the contracting Parties, of the topography of the country. It shall, however, be lawful for either Party, to annex to its respective first statement, for the purposes of general illustration, any of the maps, surveys, or topographical delineations, which were filed with the Commissioners under the fifth article of the Treaty of Ghent, any engraved map heretofore published, and also a transcript of the above mentioned map A, or of a section thereof, in which transcript each party may lay down the highlands, or other features of the country, as it shall think fit; the water courses and the boundary lines, as claimed by each party, remaining as laid down in the said map A. But this transcript, as well as all the other maps, surveys, or topographical delineations, other than the map A, and Mitchell’s map, intended to be thus annexed, by either Party, to the respective statements, shall be communicated to the other Party, in the same manner as aforesaid, within nine months after the exchange of the ratilications of this Convention, and shall be subject to such objections and observations, as the other contracting Party may deem it expedient to make thereto, and shall annex to his first statement, either in the margin of such transcript, map or maps, or otherwise. S,,,,,,,,,,,,,, Art. 5. All the statements, papers, maps, and documents, above men- &.o.¢o be deli- tioned, and which shall have been mutually communicated as aforesaid, m:`:; shall, without any addition, subtraction, or alteration, whatsoever, be wa;,;,, FWS jointly and simultaneously delivered in to the arbitrating Sovereign or years. State, within two years after the exchange of ratifications of this Convention, unless the Arbiter should not, within that time, have consented to act as such; in which case all the said statements, papers, maps, and documents, shall be laid before him within six months after the time when he shall have consented so to act. No other statements, papers, maps, or documents, shall ever be laid before the Arbiter, except as hereinafter provided. In cm th, Art. 6. In order to facilitate the attainment of a just and sound deciarbitcr should sion on the part of the Arbiter, it is agreed that, in case the said Arbiter gsféglggrigfg should desire further elucidation or evidence in regard to any specifick ’ ° point contained in any of the said statements submitted to him, the requisition for such elucidation or evidence shall be simultaneously made to both Parties, who shall thereupon be permitted to bring further evidence, if required, and to make, each, a written reply to the specitick questions submitted by the said Arbiter, but no further; and such evidence and replies shall be immediately communicated by each Party to the other. And in case the Arbiter should find the topographical evidence, laid as aforesaid befbre him, insufficient for the purposes of a sound and just decision, he shall have the power of ordering- additional surveys to be made of any portiorq of the disputed boundary line or territory, as he