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ally rejected; the disputed points of maritime law, and the subject of commerce were reserved for a future discussion.
“ ART. 3. All prisoners of war taken on either side, as well by land as by sea, shall be restored as soon as practicable after the ratification 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.
"Art. 4. Whereas it was stipulated by the second article in the treaty of peace, of one thousand seven hundred and eighty-three, between bis 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 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 one thousand seven hundred and eighty-three, 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 de cide 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. 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 conimissioners 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 one thousand seven hundred and eighty
A general peace having been concluded in Europe, no objec. tion existed to this course. An account of the negotiation
three. And if the said commissioners shall agree in their decision, both parties shall consider such decision as final and conclusive. 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, 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 reser 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 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 consider the decision of such friendly sovereign or state to be final and conclusive on all the matters so referred.
“ Art. 5. Whereas neither that point of the highlands lying due north from the source of the river St. Croix, and 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, 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 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 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 seof Ghent* having been published in 1822, we take this opportunity to refer to it for a history of the proceedings of that mission.
veral 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.
"Art. 6. Whereas, by the former treaty of peace, that portion of the boundary of the United States, from the point where the fortyfifth degree of north latitude strikes the river Iroquois or Cataragny 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 between that lake and lake Huron, thence along the middle of said 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 present article.
“ Art. 7. 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 duplicate letters. The fisheries and the Mississippi, documents relating to transactions at the negotiation of Ghent, collected and published by John Quincy Adams, one of the commissioners at that negotiation. Washington, 1822.
This was the end of the war,-a measure into which the country obviously entered with infinite reluctance. The
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.
6 ART. 8. The several boards of two commissioners mentioned in the four preceding articles, sball, 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 proceedings, 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 commission 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 commissjoner 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.
“ Art. 9. The United States of America engage to put an end, immediately after the ratification of the present treaty, to bostilities with all the tribes or nations of Indians, with whom they may be at war at the time of such ratification; and forth with 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 French revolution cost the United States, substantially, two wars; we could hardly hare expected to escape at a less price. America is not a member of the holy alliance ; she is not connected with any nation by the form of her government, or by situation, or family compacts. But she is one of the great confederation of Christian states,-one of those powers who, by religion, arts and sciences, compose, what is called the civilized part of the world. In this respect, Eu
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 liis 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 forth with 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 viations 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.
“ ART. 10. Whereas the traffic in slaves is irreconcilable with the principles of humanity and justice, and whereas both bis Majesty and the United States are desirous of continuing their efforts to promote iis entire abolition, it is hereby agreed, that both the contracting parties shall use their best endeavours to accomplish so desirable an object.”
The commissioners were duly appointed, under these respective articles; but, as their reports on all the points of boundaries have not yet been accepted by the respective governinents, we are obliged to abstain from making any remarks on those topics. In order to complete the course of treaties and conventions with Great Britain, to the treaty of Ghent, we shall mention in this place, that in January 1802, Mr. King concluded, with lord Hawkesbury, at London, a convention, by which the United States agreed to pay 600,0001. to his Britaunie Majesty, for the benefit of British creditors under the sixth article of the treaty of '94, on condition of being released from all the obligations of that article. A commission was appointed, under the seventh article of the same instrument, on the subject of American claims for capture, who awarded a large sum, which was paid by Great Britain, YOL. II.