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ARTICLE 35. The award of His Majesty the Emperor of Germany shall be considered as absolutely final and conclusive, and full effect shall be given to such award without any objection, evasion, or delay whatsoever. Such decisiou shall be given in writing and dated. It shall be in whatsoerer form His Majesty may choose to adopt. It shall be delivered to the representatives or other public agents of the United States and Great Britain respectively, who may be actually at Berlin, and shall be considered as operative from the day of the date of the delivery thereof.
ARTICLE 36. The written or printed case of each of the two parties, accompanied by the evidence offered in support of the same, shall be laid before His Majesty the Emperor of Germany within six months from the date of the exchange of the ratification of this treaty, and a copy of such case and evidence shall be communicated by each party to the other through their respective representatives at Berlin. The high contracting parties may include in the evidence to be considered by the arbitrator such documents, official correspondence, and other
official or public statements bearing on the subject of the refer ence as they may consider necessary *to the support of their
respective cases. After the written or printed case shall have been communicated by each party to the other, each party shall have the power of drawing up and laying before the arbitrator a second and definitive statement, if it think fit to do so, in reply to the case of the other party so communicated, which definitive statement shall be so laid before the arbitrator, and also be mutually communicated in the same manner as aforesaid, by each party to the other, within six months from the date of laying the first statement of the case before the arbitrator.
ARTICLE 37. If in the case submitted to the arbitrator either party shall specify or allude to any report or document in its own exclusive possession, without annexing a copy, such party shall be bound, if the other party thinks proper to apply for it, to furnish that party with a copy thereof, and either party may call upon the other through the arbitrator to produce the originals or certified copies of any papers adduced as evidence, giving in each instance such reasonable notice as the arbitrator may require ; and if the arbitrator should desire further elucidation or evidence with regard to any point contained in the state. ments laid before him, he shall be at liberty to hear one counsel or agent for each party in relation to any matter, and at such time and in such manner as he may think fit.
ARTICLE 38. The representatives or public agents of the United States and Great Britain at Berlin respectively shall be considered as the agents of their respective Governments to conduct their cases before the arbitrator, who shall be requested to address all his communications and give all his notices to such representatives, or other public agents, who shall represent their respective governments generally in all matters connected with the arbitration.
ARTICLE 39. It shall be competent to the arbitrator to proceed in the said arbitration, and all matters relating thereto, as and when he shall see fit, either in person, or by a person or persons named by him for that purpose, either in the presence or absence of either or both agents, and either orally or by written discussion, or otherwise. The arbitrator may, if he think fit, appoint a secretary or clerk for the purposes of the proposed arbitration, at such rate of remuneration as he shall think proper. This, and all other expenses of aud connected with said arbitration, shall be provided for as hereinafter stipulated.
[6 *ARTICLE 41. The arbitrator shall be requested to deliver,
together with his award, an account of all the costs and expenses which he may have been put to in relation to this matter, which shall forthwith be paid by the two governments in equal moieties.
ARTICLE 42. The arbitrator shall be requested to deliver his award in writing as early as convenient after the whole case on each side shall be laid before him, and to deliver one copy thereof to each of the said agents.
English colonial charters bounded English colonies by
Extract from the patent granted by James I of England, November 3, in
the eighteenth year of his reign, to the council of Plymouth. * * * * " Wee, therefore, of our especiall Grace, mere Motion, and certaine Knowledge, by the Aduice of the Lords Epikliai and others of our Priuy Councell, have for Us, our Heyrs and contents bounded Successors, graunted, ordained, and established, and in and parallels of latitude. by these Presents, Do for Us, our Heirs and Successors, grant, ordaine, and establish, that all that Circuit, Continent, Precincts, and Limitts in America, lying and being in Breadth from Fourty Degrees of Northerly Latitude from the Equinoctiall Line, to Fourty-eight Degrees of the said Northerly Latitude, and in Length by all the Breadth aforesaid throughout the Maine Land, from Sea to Sea.”
Extract from the charter of Massachusetts Bay, granted by Charles 1
of England, March 4, 1628.
* * * 66 We do give and grant all the Landes and Hereditaments within the Space of Three English Miles to the southward of Massachusetts Bay: and all those Landes and Hereditaments within the Space of Three English Miles to the Northward of the River called Merrimack, all Landes and Hereditaments whatsoever, lying within the Lymitts aforesaide, North and South in Latitude and Bredth, and in Length and Longitude, of and within all the Bredth aforesaide, throughout the mayne Landes there, from the Atlantick and Westerne Sea and Ocean on the East Parte, to the South Sea on the West Parte."
* Extract from the old patent for Connecticut.
* “Robert, Earl of Warwick,"
"doth * "the Space of forty Leagues upon a straight line near the Sea-Shore, toward the South-West, West-and-by-South or West, as the Coast lieth towards Virginia, accounting three English Miles to the League, and also all and singular the Lands and Hereditaments whatsoever, lying and being within the Lands aforesaid, North and South in Latitude and Breadth, and in Length and Longitude, of and within all the Breadth aforesaid, throughout the Main Lands there, from the Western Ocean to the South Sea ;"
Extract from the charter granted by Charles II of England to the lords proprietors of Carolina, March 24, 1663.
all that territory or tract of ground" * * "extending from the North end of the Island called Lucke-Island, which lieth in the Southern Virginia Seas and within six and thirty degrees of the Northern Latitude, and to the West as far as the South Seas, and so southerly as far as the river St. Matthias, which bordereth upon the coast of Florida, and within one and thirty degrees of Northern Latitude, and so West'in a direct line as far as the South Seas aforesaid;"
Extract from the commission of Governor Wright, of Georgia, of the 20th
of January, 1764.
“George III, by the grace of God of Great Britain, France, and Jreland, King, Defender of the Faith, and so forth, to our trusty and wellbeloved James Wright, esquire, greeting:
* “We did, by our letters-patent, under our great seal of Great Britain, bearing date at Westminster, the 4th day of May, in the first year of our reign, constitute and appoint you, James Wright, esquire, to be our captain-general and governor-in-chief in and over our colony of Georgia, in America, lying from the most northern stream of a river there most commonly called Savannah, all along the sea coast to the southward, unto the most southern stream of a certain other great water or river called Altamaha, and westward from the heads of the said rivers, respectively, in direct lines to the South Seas."
Articles between the United States of America and His Britannic Majesty,
November 30, 1782.
tween the United States and Great
“ From the northwest angle of Nova Scotia" First treaty be “through Lake Superior"
to Sween the United the Long Lake; thence through the middle of said Long Britain adopts for Lake, and the water-communication between it and the
Lake of the Woods, to the said Lake of the Woods; thence through the said lake to the most northwestern point thereof, and from thence on a due west course."
No. 5. Extract from the treaty betueen the United States of America and the
French Republic, April 30, 1803. ARTICLE I. Whereas, by the article the third of the treaty concluded
States at St. Ildelfonso, the 9th Vendémiaire, an 9 (1st October, acquire Louisiana. 1800,) between the First Consul of the French and His
The United States
Catholic Majesty, it was agreed as follows: "His Catholic Majesty promises and engages on his part to cede to the French Republic, six months after the full and entire execution of the conditions and stipu. lations herein relative to his royal highness the Duke of Parma, the colony or province of Louisiana, with the same extent that it now has in the hands of Spain, and that it had when France possessed it; and such as it should be after the treaties subsequently entered into between Spain and other States."
And whereas, in pursuance of the treaty, and particularly of the third article, the French Republic has an incontestable title to the domain and to the possession of the said territory: The First Consul of the French Republic, desiring to give to the United States a strong proof of his friendship, doth hereby cede to the said United States, in the name of the French Republic, forever and in full sovereignty, the said territory, with all its rights and appurtenances, as fully and in the same manner as they have been acquired by the French Republic, in virtue of the above-mentioned treaty concluded with His Catholic Majesty.
*No. 6. Additional and explanatory articles, signed the — day of — -, 1807, to be added to the treaty of amity, commerce, and navigation, between His Britannic Majesty and the United States of America, signed at London,
the 31st day of December, 1806. [Inclosed in Messrs. Monroe and Pinckney's letter of the 25th April, 1807. From Lon
don.] ARTICLE 5. It is agreed that a line drawn due west from the Lake of the Woods along the forty-ninth parallel of north lati. tude shall be the line of demarcation (division line between and" Great Britain His Majesty's territories and those of the United States to ninth parallel as a the westward of the said lake as far as the territories of the " United States extend in that quarter; and that the said line shall to that extent form the southern boundary of His Majesty's said territories, and the northern boundary of the said territories of the United States; provided that nothing in the present article shall be construed to extend to the northwest coast of America, or to the territories belonging to or claimed by either party on the continent of America to the westward of the Stony Mountains.
The United States and Great Britain
DEPARTMENT OF STATE, July 30, 1807. GENTLEMEN :
1st. The modification of the fifth article (noted as one which the British commissioners would have agreed to) may be admitted in case that proposed by you to them be not attainable. respect the claims of But it is much to be wished and pressed, though not made an ultimatum, that the proviso to both should be omitted. This
The United States
Spain on the Pacific.