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St. Lawrence from those which fall into the Atlantic ocean to the north-westernmost 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 these 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 the present article. 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 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 the river Iroquois or Cataraguy, to be surveyed and marked according to the said provisions. The said commissioners 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 north-westernmost 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 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. *(1)
701. Moose Island, Dudley Island, and Frederick Island, in the bay of Passamaquoddy, which is part of the bay of Fundy, shall belong to the United States of America, and all other the islands, and each and every of them, in the said bay of Passamaquoddy, which is part of the bay of Fundy, and the island of Grand Menan, in the said bay of Fundy, shall belong to his Britannic majesty, in conformity with the true intent of the last foregoing article.(2)
702. The following portion of the boundary between the British possessions and the United States, was fixed by the decision of the commissioners, under the sixth article of the treaty of Ghent.
Beginning at a stone monument, erected by Andrew Ellicot, Esquire, in the year 1817, on the south bank, or shore, of the said river Iroquois or Cataraqui, (now called the St. Lawrence,) which monument bears south 74° 45 west, and is eighteen hundred and forty yards distant from the stone church in the Indian village of St. Regis, and indicates the point at which the 45th parallel of north latitude strikes the said river; thence, running north 35° 45' west, into the river, on a line at right angles with the southern shore, to a point one hundred yards south of the opposite island, called Cornwall Island; thence, turning westerly, and passing around the southern and western sides of said islands, keeping one hundred yards distant therefrom,
(1) Treaty 24th December, 1814,
(2) Decision of commissioners under the 4th art. treaty of Ghent.
Under this article a difference of opinion has occurred, and a reference of the subject has been made under the convention of 29th of Sept. 1827, but the matter is yet undetermined.
and following the curvatures of its shores, to a point opposite to the northwest corner or angle of said island; thence, to and along the middle of the main river until it approaches the eastern extremity of Barnhart's Island; thence, northerly, along the channel which divides the last mentioned island from the Canada shore, keeping one hundred yards distant from the island, until it approaches Sheik's Island; thence, along the middle of the strait which divides Barnhart's and Sheik's Islands, to the channel called the Long Sault, which separates the two last mentioned islands from the Lower Long Sault Island; thence, westerly, (crossing the centre of the last mentioned channel,) until it approaches within one hundred yards of the north shore of the Lower Sault Island; thence, up the north branch of the river, keeping to the north of, and near, the Lower Sault Island, and also north of, and near, the Upper Sault, (sometimes called Baxter's) Island, and south of the two small islands, marked on the map A and B, to the western extremity of the Upper Sault, or Baxter's, Island; thence, passing between the two islands called the Cats, to the middle of the river above; thence, along the middle of the river, keeping to the north of the small islands marked C and D; and north also of Chrystler's Island, and of the small island next above it, marked E, until it approaches the north-east angle of Goose Neck Island; thence, along the passage which divides the last mentioned island from the Canada shore, keeping one hundred yards from the island, to the upper end of the same; thence, south of, and near, the two small islands called the Nut Islands; thence north of, and near, the island marked F, and also of the island called Dry or Smuggler's Island; thence, passing between the islands marked G and H, to the north of the island called Isle au Rapid Platt; thence, along the north side of the last mentioned island, keeping one hundred yards from the shore to the upper end thereof; thence, along the middle of the river, keeping to the south of, and near, the islands called Cousson (or Tussin) and Presque Isle; thence up the river, keeping north of, and near, the several Gallop Isles, numbered on the map 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10, and also of Tick, Tibbit's and Chimney, Islands; and south of, and near, the Gallop Isles, numbered 11, 12, and 13, and also of Duck, Drummond, and Sheep Islands; thence along the middle. of the river, passing north of island No. 14, south of 15 and 16, north of 17, south of 18, 19, 20, 21, 22, 23, 24, 25, and 28, and north of 26 and 27; thence, along the middle of the river, north of Gull Island, and of the islands No. 29, 32, 33, 34, 35, Bluff Island, No. 39, 44, and 45, and to the south of No. 30, 31, 36, Grenadier Island, and No. 37, 38, 40, 41, 42, 43, 46, 47, and 48, until it approaches the east end of Well's Island; thence, to the north of Well's Island, and along the strait which divides it from Rowe's Island, keeping to the north of the small islands No. 51, 52, 54, 58, 59, and 61, and to the south of the small islands numbered and marked 49, 50, 53, 55, 57, 60, and X, until it approaches the north-east point of Grindstone Island; thence to the north of Grindstone Island, and keeping to the north also of the small islands No. 63, 65, 67, 68, 70, 72, 73, 74, 75, 76, 77, and 78, and to the south of No. 62, 64, 66, 69, and 71, until it approaches the southern point of Hickory Island; thence, passing to the south of Hickory Island, and of the two small islands lying near its southern extremity, numbered 79 and 80; thence, to the south of Grand or Long Island, keeping near its southern shore, and passing to the north of Carlton Island, until it arrives opposite to the south-western point of said Grand Island in Lake Ontario; thence, passing to the north of Grenadier, Fox, Stony, and the Gallop Islands in Lake Ontario, and to the south of, and near, the islands called the Ducks, to the middle of the said lake, thence, westerly, along the middle of said lake to a point opposite the mouth of the Niagara river; thence, to
and up the middle of the said river, to the Great Falls; thence, up the Falls, through the point of the Horse Shoe, keeping to the west of Iris or Goat Island, and of the group of small islands at its head, and following the bends of the river so as to enter the strait between Navy and Grand Islands; thence, along the middle of said strait, to the head of Navy Island; thence, to the west and south of, and near to, Grand and Beaver Islands, and to the west of Strawberry, Squaw, and Bird Islands, to Lake Erie; thence, southerly and westerly, along the middle of Lake Erie, in a direction to enter the passage immediately south of Middle Island, being one of the easternmost of the group of islands lying in the western part of said lake; thence, along the said passage, proceeding to the north of Cunningham's Island, of the three Bass Islands, and of the Western Sister, and to the south of the islands called the Hen and Chickens, and of the Eastern and Middle Sisters; thence, to the middle of the mouth of the Detroit river, in a direction to enter the channel which divides Bois-blanc and Sugar Islands; thence, up the said channel to the west of Bois-blanc Island, and to the east of Sugar, Fox, and Stony Islands, until it approaches the Fighting or Great Turkey Island; thence, along the western side, and near the shore of said last mentioned island, to the middle of the river above the same; thence, along the middle of said river, keeping to the south-east of, and near, Hog Island, and to the north-west of and near the island called Isle a la Peche, to Lake St. Clair; thence, through the middle of said lake, in a direction to enter that mouth or channel of the river St. Clair which is usually denominated the Old Ship Channel; thence, along the middle of said channel, between Squirrel Island on the south-east, and Herson's Island on the north-west, to the upper end of the last mentioned island, which is nearly opposite to Point au Chenes, on the American shore; thence, along the middle of the river St. Clair, keeping to the west of, and near, the islands called Belle Riviere Isle, and the Ile aux Cerfs, to Lake Huron; thence, through the middle of Lake Huron, in a direction to enter the strait or passage between Drummond's Island on the west, and the little Manitou Island on the east; thence, through the middle of the passage which divides the two last mentioned islands; thence, turning northerly and westerly, around the eastern and northern shores of Drummond's Island, and proceeding in a direction to enter the passage between the island of St. Joseph's and the American shore, passing to the north of the intermediate islands, No. 61, 11, 10, 12, 9, 6, 4, and 2, and to the south of those numbered, 15, 13, 5, and 1.(1)
Thence, up the said last mentioned passage, keeping near to the island of St. Joseph's, and passing to the north and east of Isle a la Cross, and of the small islands numbered 16, 17, 18, 19, and 20, and to the south and west of those numbered 21, 22, and 23, until it strikes a line (drawn on the map with black ink and shaded on one side of the point of intersection with blue and on the other with red,) passing across the river at the head of St. Joseph's Islands, and at the foot of the Neebish Rapids, which line denotes the termination of the boundary directed to be run by the 6th article of the treaty of Ghent-(2)
703. The islands lying in the rivers, lakes, and water communications, between the before described boundary line and the adjacent shores of Upper Canada, do, and each of them does, belong to his Britannic majesty, and all the islands lying in the rivers, lakes, and water communications, between the said boundary line and the adjacent shores of the United States, or their territories, do, and each of them does, belong to the United States of Ameri(2) Ibid.
(1) Report of commissioners, 18th of June, 1822.
ca, in conformity with the true intent of the 2d article of the treaty of 1783, and of the sixth article of the treaty of Ghent.(1)
704. A line shall be drawn from the most north-western point of the Lake of the Woods, along the forty-ninth parallel of north latitude, or if the said point shall not be in the forty-ninth parallel of north latitude, then a line drawn from the said point due north or south, as the case may be, until the said line shall intersect the said parallel of north latitude, and from the point of such intersection due west along with the said parallel, shall be the line of demarkation between the territories of the United States and those of his Britannic majesty, and the said line shall form the northern boundary of the said territories of the United States, and the southern boundary of the territories of his Britannic Majesty, from the Lake of the Woods to the Stony Mountains.(2)
705. It is agreed, that any country that may be claimed by either party on the north-west coast of America, westward of the Stony Mountains, shall, together with its harbours, bays, and creeks, and the navigation of all rivers within the same, be free and open, for the term of ten years from the date of the signature of the present convention, to the vessels, citizens and subjects of the two powers: it being well understood, that this agreement is not to be construed to the prejudice of any claim which either of the two high contracting parties may have to any part of the said country, nor shall it be taken to affect the claims of any other power or state to any part of the said country; the only object of the high contracting parties, in that respect, being to prevent disputes and differences among themselves.(3)*
706. It is agreed that the two commissioners under article six, after they shall have executed the duties assigned to them in that article, shall 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 eighty-three, 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 de cision 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,
(1) Report of commissioners, 18th of June, 1822.
(2) Convention 20th Oct. 1818, art. 2. (3) Treaty 24th Dec. 1814, art. 7.
• The provisions of this article were further indefinitely extended and continued in force by the first article of the convention of 6th August, 1827: But it is stipu lated by the second article, that either party may, at any time, after the 20th Oc tober, 1828, on notice of twelve months to the other, annul this convention. And by article third, it is provided that the above article of the convention of 20th October, 1818, shall not "be construed to impair or in any manner affect the claims which either of the contracting parties may have to any part of the country westward of the Stony or Rocky Mountains."
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.(1)
707. It is further agreed between the two contracting parties, that in case any of the islands mentioned in any of the articles of this treaty, 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 articles 4, 5, 6, 7, of treaty of 1814, contained, fall within the dominions of the other party, all grants of land made previous to the commencement of the war, by the party having had such possession, shall 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.(2)
It is agreed that British subjects who now hold lands in the territories of the United States, and American citizens who now hold lands in the dominions of his majesty, shall continue to hold them, according to the nature and tenure of their respective estates and titles therein; and may grant, sell or devise the same to whom they please, in like manner as if they were natives; and that neither they nor their heirs or assigns shall, so far as may respect the said lands and the legal remedies incident thereto, be regarded as aliens.(3)*
708. Whereas differences have arisen respecting the liberty claimed by the United States, for the inhabitants thereof, to take, dry, and cure, fish, on certain coasts, bays, harbours, and creeks, of his Britannic majesty's dominions in America, it is agreed between the high contracting parties, that the inhabitants of the said United States shall have for ever, in common with the subjects of his Britannic majesty, the liberty to take fish of every kind on that part of the southern coast of Newfoundland, which extends from Cape Ray to the Rameau Islands, on the western and northern coast of Newfoundland, from the said Cape Ray to the Quirpon Islands, on the shores of the Magdalen Islands, and also on the coasts, bays, harbours, and creeks, from Mount Joly, on the southern coast of Labrador, to and through the Straits of Bellisle, and thence northwardly indefinitely along the coast, without prejudice, however, to any of the exclusive rights of the Hudson Bay Company: And that the American fishermen shall also have liberty, for ever, to dry and cure fish in any of the unsettled bays, harbours, and creeks, of the southern part of the coast of Newfoundland, hereabove described, and of the coast of Labrador; but so soon as the same, or any portion thereof, shall be settled, it shall not be lawful for the said fishermen to dry or cure fish at such portion so settled, without previous agreement for such purpose, with the inhabitants, proprietors, or possessors of the ground. And the United States hereby renounce, for ever, the liberty heretofore enjoyed or claimed by the inhabitants thereof, to take, dry or cure fish, on or within three marine miles of any of the coasts, bays creeks, or harbours, of his Britannic majesty's dominions in America, not included within the above
(1) Treaty 24th Dec. 1814, Art. 3. (2) Ibid. art. 8.
(3) Treaty 19th Nov. 1794, art. 9.
This article applies to the title of the parties, whatever it is, and gives it the same legal validity as if the parties were citizens. It is not necessary that they should show an actual seizin, but only that the title was in them (or their ancestors) before the treaty was made.-Orr v. Hodgson, 4 Wheat. 453. Harden v. Fisher, 1 Wheat. 300. Blight's less. et al. v. Rochester, 7 Wheat. 534.