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drawn along the middle of the said river Mississippi, until it shall intersect the northernmost part of the thirty-first degree of north latitude : -South, by a line to be drawn due east from the determination of the line last mentioned, in the latitude of thirty-one degrees north of the Equator, to the middle of the river Apalachicola or Catahouche; thence along the middle thereof, to its junction with the Flint river; thence straight to the head of St. Mary's river, and thence down along the middle of St. Mary's river to the Atlantic Ocean :-East, by a line to be drawn along the middle of the river St. Croix, from its mouth in the Bay of Fundy to its source ; and from its source directly north to the aforesaid highlands, which divide the rivers that fall into the Atlantic Ocean from those which fall into the St. Lawrence; comprehending 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 the said province of Nova Scotia."
On the termination of the general war in 1814, a new treaty was entered into between the United States and the King of Great Britain, and signed at Ghent on the 24th of December, 1814, which is known by the name of the Treaty of Ghent.
In that treaty some parts of the boundary definitions of the treaty of 1783 were set forth, and the differences between the two states in regard to the interpretation of those definitions were briefly stated, especially regarding the islands in the Bay of Fundy, respecting which the claims of the several states were very clearly explained. In regard to the boundary line on the Continent from the source of the river St. Croix to a certain point on the river Iroquois, it was stated, that a survey had not been made, and that several important points in that line had not been determined.
The question regarding these boundaries and possessions, and the proposed means to be adopted for removing existing difficulties, were comprized in the fourth and fifth articles of the Treaty of Ghent. The IVth ARTICLE referred alone to the islands in the Bay of Fundy; but after a statement of the differences, that article provides that “ in order, therefore, finally to decide upon these claims, it is agreed that they should 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 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 Commissioners shall meet at St. Andrew's, 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, 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 1783; 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 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 on 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 statement may be referred to such friendly Sovereign or State, together with the Report of such other Commissioners, 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.
The Vth ARTICLE relates to the continental boundary line, and is to the following effect. “ Whereas neither that point of the Highlands lying due North from the source of the river St. Croix, designated in the former treaty of peace between the two powers as the North West angle of Nova Scotia, near the North Westernmost head of Connecticut river, have yet been ascertained; and whereas that part of the boundary line betwen 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 North Westernmost head of Connecticut river, thence down along the middle of that river to the 45th degree of North Latitude, thence by a line due West on the said latitude until it strikes the river Iroquois, or Cataraquy, has not yet been surveyed, it is agreed that for the several purposes two Commissioners shall be
* This article IV, is decidedly the most important as far as the question of reference is concerned; as it in fact defines exactly the powers of the arbitrators ; the Vth Article referring entirely to it.