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1814. December 24.

the arbitration

state, &c.

either of 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 Reference to the government of the United States, hereby agree to refer of a friendly the report or reports of the said commissioners, to some friendly sovereign or 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 Whose decision the government of the United States engage to consider the is to be final. decision of such friendly sovereign or state to be final and conclusive on all the matters so referred.

boundaries.

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 northwest angle of Nova Scotia, nor the northwesternmost head of Connecticut river, has yet been ascertained; and Commissioners whereas that part of the boundary line between the dominions to settle other 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 those 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

1814.

Meeting and duties of commissioners.

the present article.

The said commissioners shall meet at December 24. 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 Cataraguy, to be surveyed and marked Commissioners according to the said provisions. The said commissioners to make a map. 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 northwest angle of Nova Scotia, of the northwesternmost head of Connecticut river, and of such other points of the said boundary as they may deem proper. both parties agree to consider such map and declaration as finally and conclusively fixing the said boundary. And, in In case of com- the event of the said two commissioners differing, or both, or missioners' differing, &c. re- either of them, refusing, or declining, or wilfully omitting to ference, &c. 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.

And

ART. 6. 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 Cataraguy 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 another part of the boundary river, lakes, and water communications, and whether certain &c. to be refer- islands lying in the same were within the dominions of his Brired to commissioners, &c. tannic 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

Doubts as to

this present article.

The said commissioners shall meet, in

and

1814. December 24.

the first instance, at Albany, in the state of New York, shall have power to adjourn to such other place or places, as they shall think fit: the said commissioners shall, by a report duties of comMeeting and or declaration, under their hands and seals, designate the boun- missioners. dary through the said river, lakes, and water communications, and decide to which of the two contracting parties the several islands lying within the said river, 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 In case of the of the said two commissioners differing, or both, or either of differing, &c. 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.

commissioners

tween lakes Hu

rior to the lake

ART. 7. It is further agreed, that the said two last mention- Commissioners ed commissioners, after they shall have executed the duties to fix the boundary from the assigned to them in the preceding article, shall be, and they water commuare hereby authorized, upon their oaths, impartially to fix and nication bedetermine according to the true intent of the said treaty of ron and Supepeace of one thousand seven hundred and eighty-three, that of the Woods. 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 northwestern 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 northwestern 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,

In case of com

missioners differing, &c.

1814.

December 24.

The several

missioners may

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.

ART. 8. The several boards of two commissioners mentionboards of com- ed in the four preceding articles, shall, respectively, have appoint a secre- power to appoint a secretary, and to employ such surveyors tary, employ or other persons as they shall judge necessary. Duplicates of surveyors, &c. 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 comPay of the commissioners shall be, respectively, paid in such manner as shall missioners, &c. 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 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 Grants of land dominions of the other party, all grants of land made previous in islands chang ing jurisdiction to the commencement of the war by the party having had such under this trea- 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.

ty, to be valid.

Indian tribes.

Reciprocal paART. 9. The United States of America engage to put an end, cification of the 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 sub-
jects; 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 hos-
tilities 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 pos-
sessions, 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-
e-present treaty being notified to such tribes or nations, and
shall so desist accordingly.

1814. December 24.

use their endea

vors to effect the abolition of

the slave trade.

ART. 10. Whereas the traffic in slaves is irreconcileable with Both parties to 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 endeavors to accomplish so desirable an object.

ART. 11. This treaty, when the same shall have been ratified This treaty binding when on both sides, without alteration by either of the contracting ratified. parties, and the ratifications mutually exchanged, shall be Ratifications to binding on both parties, and the ratifications shall be exchan- be exchanged at Washington. ged at Washington, in the space of four months from this day, er sooner, if practicable.

In faith whereof, we, the respective plenipotentiaries, have
signed this treaty, and have hereunto affixed our seals.
Done, in triplicate, at Ghent, the twenty-fourth day of De-
cember, one thousand eight hundred and fourteen.
[L. S.] GAMBIER,

[L. S.] HENRY GOULBOURN,
WILLIAM ADAMS,

L. S.

L. S. JOHN QUINCY ADAMS,

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