the middle of Lake George; thence west of Jonas's Island into St. Mary's River, to a point in the middle of that river about one mile above St. George's or Sugar Island, so as to appropriate and assign the said island to the United States; thence adopting the line traced on the maps by the commissioners, through the river St. Mary and Lake Superior, to a point north of Ile Royale in said lake, 100 yards to the north and east of Ile Chapeau, which lastmentioned island lies near the north-eastern point of Ile Royale, where the line marked by the commissioners terminates; and from the last-mentioned point south westerly through the middle of the sound between Ile Royale and the north-western main land, to the mouth of Pigeon River, and up the said river to and through the north and south Fowl Lakes, to the lakes of the height of land between Lake Superior and the Lake of the Woods; thence along the water-communication to Lake Saisaginaga and through that lake; thence to and through Cypress Lake, Lac du Bois Blanc, Lac la Croix, Little Vermillion Lake, and Lake Namecan, and through the several smaller lakes, straits, or streams connecting the lakes here mentioned, to that point in Lac la Pluie, or Rainy Lake, at the Chaudière Falls, from which the commissioners traced the line to the most north-western point of the Lake of the Woods, thence along the said line to the said most northern-western point, being in latitude 49° 23′ 55′′ north, and in longitude 95° 14′ 38′′ west, from the observatory at Greenwich; thence, according to existing treaties, due south to its intersection with the 49th parallel of north latitude, and along that parallel to the Rocky Mountains. It being understood that all the water communications, and all the usual portages along the line from Lake Superior to the Lake of the Woods, and also Grand Portage from the shore of Lake Superior to the Pigeon River, as now actually used, shall be free and open to the use of the subjects and citizens of both coun◄ tries. ARTICLE III.-In order to promote the interests and encourage the industry of all the inhabitants of the countries watered by the River St. John and its tributaries, whether living within the province of New Brunswick, or the State of Maine, it is agreed, that where by the provisions of the present treaty the River St. John is declared to be the line of boundary, the navigation of the said river shall be free and open to both parties, and shall in no way be obstructed by either; that all the produce of the forest in logs, lumber, timber, boards, staves or shingles, or of agriculture, not being manufac tured, grown on any of those parts of the State of Maine watered by the River St. John or by its tributaries, of which fact reasonable evidence shall, if required, be produced, shall have free access into and through the said river and its said tributaries, having their source within the State of Maine, to and from the sea-port at the mouth of the said River St. John's, and to and round the falls of the said river, either by boats, rafts, or other conveyance; that when within the province of New Brunswick, the said produce shall be dealt with as if it were the produce of the said province; that in like manner the inhabitants of the territory of the upper St. John, determined by this treaty to belong to Her Britannic Majesty, shall have free access to and through the river for their produce, in those parts where the said river runs wholly through the State of Maine: provided always that this agreement shall give no right to either party to interfere with any regulations not inconsist ent with the terms of this treaty, which the Governments, respectively, of New Brunswick or of Maine, may make respecting the navigation of the said river, where both banks thereof shall belong to the same party. ARTICLE IV. All grants of land heretofore made by either party within the limits of the territory which by this treaty falls within the dominions of the other party, shall be held valid, ratified, and confirmed to the persons in possession under such grants, to the same extent as if such territory had by this treaty fallen within the dominions of the party by whom such grants were made; and all equitable possessory claims, arising from a possession and improvement of any lot or parcel of land by the person actually in possession, or by those under whom such person claims, for more than six years before the date of this treaty, shall in like manner be deemed valid, and be confirmed and quieted by a release to the person entitled thereto, of the title to such lot or parcel of land, so described as best to include the improvements made thereon; and in all other respects, the two contracting parties agree to deal upon the most liberal principles of equity with the settlers actually dwelling upon the territory falling to them respectively, which has heretofore been in dispute between them. course of the controversy respecting the disputed territory on the north-eastern boundary, some monies have been received by the authorities of Her Britannic Majesty's province of New Brunswick, with the intention of preventing depredations on the forests of the said territory, which monies were to be carried to a fund called the "Disputed Territory Fund," the proceeds whereof it was agreed should be hereafter paid over to the parties interested, in the proportions to be determined by a final settlement of boundaries; it is hereby agreed, that a correct account of all receipts and payments on the said fund shall be delivered to the government of the United States within six months after the ratification of this treaty; and the proportion of the amount due thereon to the States of Maine and Massachusetts, and any bonds or securities appertaining thereto, shall be paid and delivered over to the government of the United States; and the government of the United States agrees to receive for the use of, and pay over to the States of Maine and Massachusetts their respective portions of said fund; and further, to pay and satisfy said States, respectively, for all claims for expences incurred by them in protecting the said heretofore disputed territory, and making a survey thereof in 1838: the government of the United States agreeing with the State of Maine and Massachusetts to pay them the further sum of 300,000 dollars, in equal moieties, on account of their assent to the line of boundary described in this treaty, and in consideration of the conditions and equivalents received therefore from the Government of Her Britannic Ma ARTICLE V. Whereas, in the jesty. ARTICLE VI. It is furthermore understood and agreed, that for the purpose of running and tracing those parts of the line between the source of the St. Croix and the St. Lawrence River, which will require to be run and ascertained, and for marking the residue of the said line by proper monuments on the land, two commissioners shall be appointed, one by Her 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 commissioners shall meet at Bangor in the State of Maine, on the 1st day of May next, or as soon thereafter as may be, and shall proceed to mark the line above described from the source of the St. Croix to the River St. John, and shall trace on proper maps the dividing line along said river, and along the River St. Francis to the outlet of the Lake Pohenagamook; and from the outlet of the said lake they ascertain, fix, and mark by proper and durable monuments on the land, the line described in the First Article of this treaty; and the said commissioners shall make to each of their respective governments a joint report or declaration, under their hands and seals, designating such line of boundary, and shall accompany such report or declaration with maps, certified by them to be true maps of the new boundary. ARTICLE VII.-It is further agreed, that the channels in the River St. Lawrence on both sides of the Long Sault Islands and of Barnhart Island, the channels in the River Detroit, on both sides of the Island Bois Blanc, and between that Island and both the Canadian and American shores, and all the several channels and passages be tween the various lands lying near the junction of the River St. Clair with the lake of that name, shall be equally free and open to the ships, vessels, and boats of both parties. ARTICLE VIII. - The parties mutually stipulate, that each shall prepare, equip, and maintain in service on the coast of Africa, a sufficient and adequate squadron, or naval force of vessels, of suitable numbers and descriptions, to carry in all not less than eighty guns, to enforce, separately and respectively, the laws, rights, and obligations of each of the two countries for the suppression of the slave-trade; the said squadrons to be independent of each other, but the two governments stipulating nevertheless to give such orders to the officers commanding their respective forces, as shall enable them most effectually to act in concert and co-operation, upon mutual consultation, as exigencies may arise, for the attainment of the true object of this Article ; copies of all such orders to be communicated by each government to the other respectively. ARTICLE IX.-Whereas, notwithstanding all efforts which may be made on the coast of Africa for suppressing the slave-trade, the facilities for carrying on that traffic, and avoiding the vigilance of cruizers, by the fraudulent use of flags and other means are so great, and the temptations for pur suing it, while a market can be found for slaves so strong, as that the desired result may be long delayed, unless all markets be shut against the purchase of African negroes;-the parties to this treaty agree, that they will unite in all becoming representations and remonstrances with any and all powers within whose dominions such markets are allowed to exist; and that they will urge upon all such powers the propriety and duty of closing such markets effectually, at once and for ever. ARTICLE X.-It is agreed that Her Britannic Majesty and the United States shall, upon mutual requisitions by them or their ministers, officers, or authorities, respectively made, deliver np to justice all persons who, being charged with the crime of murder, or assault with intent to commit murder, or piracy, or arson, or robbery, or forgery, or the utterance of forged paper, committed within the jurisdiction of either, shall seek an asylum, or shall be found within the territories of the other ;-provided that this shall only be done upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial, if the crime or offence had there been committed; and the respective judges and other magistrates of the two governments shall have power, jurisdiction, and authority, upon complaint made under oath, to issue a warrant for the apprehension of the fugitive or person so charged, that he may be brought before such judges or other magistrates respectively, to the end that the evidence of criminality may be heard and considered; and if, on such hear ing, the evidence be deemed sufficient to sustain the charge, it shall be the duty of the examining judge or magistrate to certify the same to the proper executive authority, that a warrant may issue for the surrender of such fugitive. The expense of such apprehension and delivery shall be borne and defrayed by the party who makes the requisition and receives the fugitive. ARTICLE XI.-The Eighth Article of this treaty shall be in force for five years from the date of the exchange of the ratifications, and afterwards, until one or the other party shall signify a wish to terminate it. The Tenth Article shall continue in force until one or the other of the parties shall signify its wish to terminate it, and no longer. ARTICLE XII.- The present treaty shall be duly ratified, and the mutual exchange of ratifications shall take place in London within six months from the date hereof, or earlier if possible. In faith whereof, we, the respective Plenipotentiaries, have signed this Treaty, and have hereunto affixed our seals. Done in duplicate at Washington, the ninth day of August, Anno Domini one thousand eight hundred and forty-two. ASHBURTON, (L.S.) 504 PATENTS Granted between 21st December 1841, and 28th December 1842. Kettle, & Co., bolts, Dec. 24 Baggaly, J. J., combs, Jan. 29 Baggs, I., motive power, Feb. 9 Newton, W., air regulator, Feb. 25 Saunders, W., roasting & baking, Feb 25 La Riviere, Marc, machinery, Mar. 1 Palmer, W., vessels for decoctions, Mar. 4 |