« ՆախորդըՇարունակել »
be submitted to some friendly sove. or state, as soon as the ratifica. reign or state, and that the decision tions of this convention shall have given by such sovereign state, been exchanged, and to use their on such points of difference, should best endeavours to obtain a deci. be considered by the contracting sion, if practicable, within two years parties as final and conclusive : after the arbiter shall have signi. That case having now arisen, and fied his consent to act as such. it having, therefore, become expe. dient to proceed to, and regulate The reports and documents there. the reference, as above described; unto annexed, of the commissionthe United States of America and ers appointed to carry into execu. his Majesty the King of the United tion the fifth article of the treaty Kingdom of Great Britain and Ire. of Ghent, being so voluminous and land, have, for that purpose, named complicated as to render it imtheir plenipotentiaries, that is to probable that any sovereign or say :- The President of the United state should be willing or able to States has appointed ALBERT GAL. undertake the office of investiga. LATIN, their Envoy Extraordinary ting and arbitrating upon them, it is and Minister Plenipotentiary at the hereby agreed to substituto for Court of his Britannic Majesty ; those reports, new and separate and his said Majesty, on his part, statements of the respective cases, has appointed the Right Honoura. severally drawn up by each of the ble CHARLES GRANT, a Member of contracting parties; in such form Parliament, a Member of His said and terms as ach may think fit. Majesty's most Honourable Privy The said statements, when pre. Council, and President of the Com. pared, shall be mutually communi. mittee of the Privy Council for Af. cated to each other by the con. fairs of Trade and Foreign Planta. tracting parties, that is to say, by tions; and HENRY UDWIN ADDING. the United States to his Britannic TON, Esq., who, after having ex. Majesty's Minister or Chargé d'Af- . changed their respective full pow. faires at Washington, and by Great ers, found to be in due and proper Britain to the Minister or Chargé form, have agreed to, and conclu. d'Affaires of the United States at ded the following articles :
London, within fifteen months af
ter the exchange of the ratifications It is agreed that the points of dif. of the present convention. ference which have arisen in the After such communication shall settlement of the boundary between have taken place, each party shall the American and British domi. have the power of drawing up a nions, as described in the fifth ar. second and definitive statement, if ticle of the treaty of Ghent, shall it thinks fit so to do, in reply to the be referred, as therein provided, to statement of the other party, so com. some friendly sovereign or state, municated; which definitive state. who shall be invited to investigate, ments shall, also, be mutually com. and make a decision upon, such municated, in the same manner as points of difference.
aforesaid, to each other, by the conThe two contracting powers en tracting parties, within twenty-one gage to proceed in concert to the months after the exchange of rati. choice of such friendly sovereign fications of the present convention.
ARTICLE IV. Each of the contracting parties The
called Mitchell's Map, shall, within nine months after the by which the framers of the treaty exchange of ratifications of this of 1783 are acknowledged to have convention, communicate to the regulated their joint and official other, in the same manner as afore. proceedings, and the map A, which said, all the evidence intended to be has been agreed on by the con. brought in support of its claim, be. tracting parties, as a delineation of yond that which is contained in the the water courses, and of the boun. reports of the Commissioners, or dary lines in reference to the said papers thereunto annexed, and other water courses, as contended for by written documents Jaid before the each party, respectively, and which Commission under the fifth article has accordingly been signed by the ofthe treaty of Ghent.
above named plenipotentiaries, at Each of the contracting parties the same time with this convention, shall be bound, on the application shall be annexed to the statements of the other party, made within six of the contracting parties, and be months after the exchange of the the only maps that shall be consi. ratifications of this convention, to dered as evidence mutually acgive authentic copies of such indi. knowledged by the contracting vidually specified acts, of a public parties of the topography of the nature, relating to the territory in country. question, intended to be laid as It shall, however, be lawful for evidence before the arbiter, as have either party to annex to its respecbeen issued under the authority, or tive first statement, for the purposes are in the exclusive possession, of ofçeneral illustration, any of the each party.
maps, surveys, or topographical No maps, surveys, or topographi. delineations, which were filed with cal evidence, of any description, the Commissioners under the fifth shall be adduced by either party, article of the treaty of Ghent, any beyond that which is hereinafter engraved map heretofore published, stipulated, nor shall any fresh evi. and also a transcript of the abovedence of any description, be ad. mentioned map A, or of a section duced or adverted to, by either thereof, in which transcript each party, other than that mutually party may lay down the highlands, communicated or applied for, as or other features of the country, as aforesaid.
it shall think fit; the water courses Each party shall have full power and the boundary lines, as claimed to incorporate in, or annex to, ei- by each party, remaining as laid ther its first or second statement, down in the said тар
A. any portion of the reports of the But this transcript, as well as all Commissioners, or papers there. the other maps, surveys, or topounto annexed, and other written graphical delineations, other than documents, laid before the Com. the map A, and Mitchell's map, in. mission under the fifth article of tended to be thus annexed, by either the treaty of Ghent, or of the other party, to the respective statements, ovidence mutually communicated shall be communicated to the other or applied for, as above provided, party, in the same manner as afore. which it may think fit.
said, within nine months after the
exchange of the ratifications of this immediately communicated by each Convention, and shall be subject party to the other. to such objections and observations And in case the arbiter should as the other contracting party may find the topographical evidences deem it expedient to make thereto, laid, as aforesaid, before him, in. and shall annex to his first state. sufficient for the purposes of a sound ment, either in the margin of such and just decision, he shall have the transcript, map or maps, or other. power of ordering additional sur. wise.
veys to be made of any portions of
the disputed boundary line or terAll the statements, papers, maps, ritory as he may think fit; which and documents, abovementioned, surveys shall be made at the joint and which shall have been mutually expense of the contracting parties, communicated as aforesaid, shall, and be considered as conclusive by without any addition, subtraction, them. or alteration, whatsoever, be jointly
ARTICLE VII. and simultaneously delivered in to The decision of the arbiter, when the arbitrating sovereign or state, given, shall be taken
as final within two years after the exchange and conclusive, and it shall be carof ratifications of this convention, ried, without reserve, into ́immeunless the arbiter should not, within diate effect, by commissioners apthat time, have consented to act as pointed for that purpose by the consuch ; in which case, all the said tracting parties. statements, papers, maps, and docu. ments, shall be laid before him This convention shall be ratified, within six months after the time and the ratifications shall be exwhen he shall have consented so changed, in nine months from the to act. No other statements, pa. date hereof, or sooner, if possible. pers, maps, or documents, shall In witness whereof, we, the reever be laid before the arbiter, ex. spective plenipotentiaries, have cept as hereinafter provided.
signed the game, and have affixARTICLE VI.
ed thereto the seals of our arms. In order to facilitate the attain. Done at London, the twentyment of a just and sound decision
ninth day of September, on the part of the arbiter, it is
year of our Lord one agreed, that in case the said arbiter
thousand eight hundred and shou d desire further elucidation or
twenty-seven. evidence, in regard to any specific Albert GALLATIN. [L. s.] point contained in any of the said CHARLES GRANT.
[L. S.] statements submitted to him, the Henry Unwin ADDINGTON. (L. s.] requisition for such elucidation or evidence shall be simultaneously The said convention, and the made to both parties, who shall respective ratifications of the same, thereupon be permitted to bring were exchanged at London on the further evidence, if required, and second day of April, one thousand to make, each, a writen reply to eight hundred and twenty-eight, by the specific questions submitted by William Beach Lawrence, Chargé the said arbiter, but no further; and d'Affaires of the United States at such evidence and replies shall be the Court of his Britannic Majesty,
and the Right Honourable Charles in case either should think fit, at Grant and Henry Unwin Adding- any time after the 20th of October, ton, Esquire, on the part of their 1828, on giving due notice of twelve respective governments.
months to the other contracting
party, to annul and abrogate this A Convention between the United Convention ; and it shall, in such States of America and his Majesty nulled and abrogated, after the ex
case, be accordingly entirely an. the King of the United Kingdom piration of the said term of notice. of Great Britain and Ireland.
The United States of America Nothing contained in this Con. and his Majesty the King of the vention, or in the third article of United Kingdom of Great Britain the Convention of the 20th of Ocand Ireland, being equally desirous tober, 1818, hereby continued in to prevent, as far as possible, all force, shall be construed to impair, hazard of misunderstanding be. or in any manner affect, the claims tween the two nations with respect which either of the contracting par. to the territory of the Northwest ties may have to any part of the Coast of America, west of the country westward of the Stony or Stony or Rocky Mountains, after Rocky Mountains. the expiration of the third article of the Convention concluded be. The present Convention shall be tween them on the 20th of October, ratified, and the ratifications shall 1818; and, also, with a view to be exchanged in nine months, or give further time for maturing sooner, if possible. measures which shall have for
In testimony whereof, the re. their object a more definite settle. spective plenipotentiaries have ment of the claims of each party to signed the same, and have the said territory, have respectively affixed thereto the seals of named their plenipotentiaries, to their arms. treat and agree concerning a tem
Done at London, the sixth porary renewal of the said article.
day of August, in the year ARTICLE I.
of our Lord one thousand All the provisions of the third
eight hundred and twentyarticle of the Convention concluded between the United States of Ame. ALBERT GALLATIN.
[L. S.] rica and his Majesty the King of CHARLES GRANT.
[L. s.] the United Kingdom of Great Bri. HENRY UNWIN ADDINGTON. [. s.] tain and Ireland, on the 20th of October, 1818, shall be, and they The said Convention, and the are hereby, further indefinitely ex- respective ratifications of the same, tended and continued in force, in were exchanged at London, on the the same manner as if all the pro. second day of April, one thousand visions of the said article were eight hundred and twenty-eight, herein specifically recited.
by William Beach Lawrence, ARTICLE II.
Chargé d'Affaires of the United It shall be competent, however, States at the Court of his Britannic to either of the contracting parties, Majesty, and the Right Honourable
Charles Grant, and Henry Unwin of July, 1915, were herein speciti. Addington, Esquire, on the part of cally recited. their respective governments.
It shall be competent, however,
to either of the contracting parties, A Convention betrocen the United in case either should think fit, at
States of America, and his Ma. any time after the expiration of the jesty the
King of the l’nited said ten years—that is, after the Kingdom of Greai Britain and 20th of October, 1828—on giving Ireland.
due notice of twelve months to the
other contracting party, to annul The United States of America, and abrogate this Convention; and and his Majesty the King of the it shall, in such case, be accord. United Kingdom of Great Britain ingly entirely annulled and abro. and Ireland, being desirous of con. gated, after the expiration of the tinuing in force the existing com said term of notice. mercial regulations between the two countries, which are contained in
The present Convention shall be the Convention concluded between ratified, and the ratifications shall them on the 3d of July, 1815, and be exchanged in nine months, or further renewed by the fourth ar sooner, if possible. ticle of the Convention of the 20th In witness whereof, the respecOctober, 1818, have, for that pur. tive plenipotentiaries have pose, named their respective pleni. signed the same, and have potentiaries; who, after having fixed thereto the seals of their communicated to each other their respective full powers, found to be
Done at London, the sixth in due and proper form, have
day of August, in the agreed upon and concluded the fol.
year of our Lord one lowing articles.
thousand eight hundred
and twenty-seven. All the provisions of the Conven ALBERT GALLATIN.
[L. s. ] tion concluded between the United Cuarles GRANT.
[L. S.] States of America and his Majesty HENRY Uxwin AvdingTON, (l. s.] the King of the United Kingdom of Great Britain and Ireland, on the The said Convention, and the 3d of July, 1815, and further con- respective ratifications of the same, tinued for the term of ten years by were exchanged at London on the the fourth article of the Convention second day of April, one thousand of the 20th October, 1918, with the eight hundred and twenty-eight, by exception therein contained, as to William Beach Lawrence, Chargé St. Helena, are hereby further in. d'Affaires of the United States of definitely, and without the said ex. America at the Court of his Bri. ception, extended and continued in tannic Majesty, and the Right force, from the date of the expira. Honourable Charles Grant and tion of the said ten years, in the Henry Unwin Addington, Esquire, same manner as if all the provisions on the part of their respective of the same Convention of the 3d governments.