December 24.

captured in the said forts or places, and which shall remain 1814. therein upon the exchange of the ratifications of this treaty, or any slaves or other private property.

Archives, records, &c. to be

restored.

Passamaquod

And all archives, records, deeds, and papers, either of a public nature, or be longing to private persons, which, in the course of the war, may have fallen into the hands of the officers of either party, shall be, as far as may be practicable, forthwith restored and delivered to the proper authorities and persons to whom they respectively belong. Such of the islands in the Bay of Pas- Islands in the samaquoddy as are claimed by both parties, shall remain in dy to remain in the possession of the party in whose occupation they may be the hands of the party occupyat the time of the exchange of the ratifications of this treaty, ing, &c. until the decision respecting the title to the said islands shall have been made in conformity with the fourth article of this treaty. No disposition made by this treaty, as to such possession of the islands and territories claimed by both parties, shall, in any manner whatever, be construed to affect the right of either.

sent to the ar

ART. 2. Immediately after the ratifications of this treaty Orders to be by both parties, as hereinafter mentioned, orders shall be sent mies, &c. to to the armies, squadrons, officers, subjects, and citizens, of cease hostilities the two powers, to cease from all hostilities: and to prevent all causes of complaint which might arise on account of the prizes which may be taken at sea after the said ratifications of this treaty, it is reciprocally agreed, that all vessels and effects Limitation of time for capwhich may be taken after the space of twelve days from the tures in differsaid ratifications, upon all parts of the coast of North America, ent latitudes. from the latitude of twenty-three degrees north to the latitude of fifty degrees north, and as far eastward in the Atlantic ocean as the thirty-sixth degree of west longitude from the meridian of Greenwich, shall be restored on each side: That the time shall be thirty days in all other parts of the Atlantic ocean, north of the equinoctial line or equator, and the same time for the British and Irish channels, for the Gulf of Mexico and all parts of the West Indies: forty days for the north Seas, for the Baltic, and for all parts of the Mediterranean: sixty days for the Atlantic ocean south of the equator, as far as the latitude of the Cape of Good Hope: ninety days for every other part of the world south of the equator: and one hundred and twenty days for all other parts of the world, without exception.

ART. 3. All prisoners of war taken on either side, as well Prisoners of by land as by sea, shall be restored as soon as practicable red, after the ratifications of this treaty, as hereinafter mentioned, on their paying the debts which they may have contracted

.

1814.

during their captivity. The two contracting parties respecDecember 24. tively engage to discharge, in specie, the advances which may have been made by the other, for the sustenance and maintenance of such prisoners.

Reference to the boundary es

ART. 4. Whereas it was stipulated by the second article tablished by the in the treaty of peace, of one thousand seven hundred and treaty of 1783. eighty-three, between his Britannic majesty and the United

Conflicting claims toislands

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 Sco

tia; and whereas, the several islands in the Bay of Passamain the bays of quoddy, which is part of the Bay of Fundy, and the island Passamaquod of Grand Menan, in the said Bay of Fundy, are claimed by dy, Fundy, &c. to be referred the United States, as being comprehended within their afore

to commissioners, &c.

said 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 commis

sioners to be appointed in the following manner, viz: one comMode of appoin missioner shall be appointed by his Britannic majesty, and one ting the com- by the president of the United States, by and with the advice

missioners.

Meeting and duties of the commissioners.

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. 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, 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-three. And if the said commissioners shall agree in their decision, both parties shall consider such deciIn case of the sion as final and conclusive. It is further agreed, that in the commissioners' differing, &c. event of the two commissioners differing upon all or any of the matters so referred to them, or in the event of both or

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.

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

boundaries.

1814.

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 Meeting and duties of com- 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

missioners.

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. And 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 fering, &c. re- either of them, refusing, or declining, or wilfully omitting to

missioners' dif

ference, &c.

Doubts as to another part of

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.

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

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

1814,

this present article. The said commissioners shall meet, in the first instance, at Albany, in the state of New York, and December 24. 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

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 In case of comsaid two commissioners differing, or both, or either of them, missioners differing, &c. refusing, declining, or wilfully omitting to act, such reports,