No. 1. the United States and Great Britain. Appendix. 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 Treaties and Con- parties agree to consider such designation and decision as final and conclusive. And ventions between in the event of the said two Commissioners differing, or both or either of them refus ing, declining, or wilfully omitting to act, such reports, declarations, or statements and Amity Ghent, 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. Treaty of Peace 24th Dec., 18:4. ARTICLE VII. 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, shail 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 eightythree, 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 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 north-western 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, 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. ARTICLE VIII. The several Boards of two Commissioners, mentioned in the four preceding articles, shall, 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 commissions 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 dominions of the other party, all grants of land made previ No. 1. ous to the commencement of the war, by the party having had such possession, shall Appendix. 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, ARTICLE IX. Treaties and Conventions between the United States and Great Britain. Treaty of Peace 24th Dec., 1814. The United States of America engage to put an end, immediately after the ratifica- and Amity,Ghent, tion 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 subjects, 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 hostilities 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 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 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, ARTICLE X. Whereas the traffic in slaves is irreconcilable with 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. ARTICLE XI. This treaty, when the same shall have been ratified on both sides, without alteration by either of the Contracting Parties, and the ratifications mutually exchanged, shall be binding on both parties; and the ratifications shall be exchanged at Washingington, in the space of four months from this day, or sooner, if practicable. In faith whereof, we, the respective Plenipotentiaries, have signed this treaty, and have thereunto affixed our seals. Done in triplicate, at Ghent, the twenty-fourth day of December, one thousand eight hundred and fourteen. Appendix. No. 1. Treaties and Conventions between the United States and Great Britain. Arbitration Convention, 29th September, 1827. CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND HIS MAJESTY THE KING OF THE Whereas it is provided by the fifth article of the Treaty of Ghent, that in case the Commissioners appointed under that article for the settlement of the boundary line therein described, should not be able to agree upon such boundary line, the report or reports of those Commissioners, stating the points on which they had differed, should be submitted to some friendly Sovereign or State, and that the decision given by such Sovereign or State, on such points of difference, should be considered by the Contracting Parties as final and conclusive: That case having now arisen, and it having therefore become expedient to proceed to, and regulate the reference, as above described, the United States of America and His Majesty the King of the United Kingdom of Great Britain and Ireland, have, for that purpose, named their Plenipotentiaries; that is to say, the President of the United States has appointed Albert Gallatin, their Envoy Extraordinary and Minister Plenipotentiary at the Court of His Britannie Majesty, and his said Majesty, on his part, has appointed the Right Honorable Charles Grant, a Member of Parliament, a Member of his said Majesty's Most Honorable Privy Council, and President of the Committee of the Privy Council for Affairs of Trade and Foreign Plantations, and Henry Unwin Addington, Esquire, who, after having exchanged their respective full powers, found to be in due and proper form, have agreed to and concluded the following articles: ARTICLE I. It is agreed that the points of difference which have arisen in the settlement of the boundary between the American and British dominions, as described in the fifth article of the Treaty of Ghent, shall be referred, as therein provided, to some friendly Sovereign or State, who shall be invited to investigate, and make a decision upon, such points of difference. The two Contracting Powers engage to proceed in concert, to the choice of such friendly Sovereign or State, as soon as the ratifications of this Convention shall have been exchanged, and to use their best endeavors to obtain a decision, if practicable, within two years after the arbiter shall have signified his consent to act as such. ARTICLE II. The reports and documents thereunto annexed, of the Commissioners appointed to carry into execution the fifth article of the Treaty of Ghent, being so voluminous and complicated as to render it improbable that any Sovereign or State should be willing or able to undertake the office of investigating and arbitrating upon them, it is hereby agreed to substitute for those reports, new and separate statements of the respective cases, severally drawn up by cach of the Contracting Parties, in such form and terms as each may think fit. The said statements, when prepared, shall be mutually communicated to each other by the Contracting Parties; that is to say, by the United States to His Britannic Majesty's Minister or Chargé d'Affaires at Washington, and by Great Britain to the Minister or Chargé d'Affaires of the United States at London, within fifteen months after the exchange of the ratifications of the present Convention. After such communication shall have taken place, each party shall have the power of drawing up a second and definitive statement, if it thinks fit so to do, in reply to the statement of the other party so communicated, which definitive statements shall also be mutually communicated in the same manner as aforesaid to each other, by the Contracting Parties, within twenty-one months after the exchange of ratifications of Appendix. the present Convention. ARTICLE III. Νο. 1. Trenties and Conventions between. and Great Britain. Arbitration Con Each of the Contracting Parties shall, within nine months after the exchange of rati- the United States fications of this Convention, communicate to the other, in the same manner as aforesaid, all the evidence intended to be brought in support of its claim, beyond that vention, 29th Sep which is contained in the reports of the Commissioners or papers thereunto annexed, and other written documents laid before the commission under the fifth article of the Treaty of Ghent. Each of the Contracting Parties shall be bound, on the application of the other party, made within six months after the exchange of the ratifications of this Convention, to give authentic copies of such individually specified aets of a publie nature, relating to the territory in question, intended to be laid as evidence before the arbiter, as have been issued under the authority, or are in the exclusive possession, of each party. No maps, surveys, or topographical evidence, of any description, shall be adduced by either party beyond that which is hereinafter stipulated, nor shall any fresh evidence of any description be adduced or adverted, to by either party, other than that mutually communicated or applied for as aforesaid. Each party shall have full power to incorporate in, or annex to, either its first or second statement, any portion of the reports of the Commissioners or papers thereunto annexed, and other written documents laid 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. ARTICLE IV. The map called Mitchell's Map, by which the framers of the 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 watercourses, 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 topogra phical 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 ratifications 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. ARTICLE V. All the statements, papers, maps and documents above-mentioned, and which shall have been mutually communicated as aforesaid, shall, without any addition, subtrac tember, 1827. No. 1. ventions between Appendix. tion or alteration whatsoever, be jointly and simultaneously delivered in to the arbitrating Sovereign or State, within two years after the exchange of ratifications of this Treaties and Con- Convention, unless the arbiter should not, within that time, have consented to act as the United States 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. vention, 24th Sep- No other statements, papers, maps, or documents, shall ever be laid before the arbiter, except as hereinafter provided. and Great Britain. Arbitration Con tember, 1827. ARTICLE VI. In order to facilitate the attainment of a just and sound decision on the part of the arbiter, it is agreed that in case the said arbiter' should. desire further elucidation or evidence in regard to any specific 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 specifie 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 before 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 portions of the disputed boundary line or territory, as he may think fit, which surveys shall be made at the joint expense of the Contracting Parties, and be considered as conclusive by them. ARTICLE VII. The decision of the arbiter, when given, shall be taken as final and conclusive; and it shall be carried without reserve into immediate effect, by Commissioners appointed for that purpose by the Contracting Parties. ARTICLE VIII. . This Convention shall be ratified, and the ratifications shall be exchanged, in nine months from the date hereof, or sooner, if possible. In witness whereof, we, the respective Plenipotentiaries, have signed the same, and have affixed thereto the seals of our arms. Done at London the twenty-ninth day of September, in the year of our Lord. one thousand eight hundred and twenty-seven. |