It has therefore been shown in the foregoing statement--

1. That the river to be considered as the St. Croix and its true source

have been designated by a solemn act, to which the good faith of the

majesty of Great Britain and of the people of the United States is

pledged, and can not now be disturbed.

2. That the boundary line must, in compliance with the provisions of the

treaty of 1783, be drawn due north from the source of that river, and in

no other direction whatever.

3. That the northwest angle of Nova Scotia was a point sufficiently

known at the date of the treaty of 1783 to be made the starting point

of the boundary of the United States; that it was both described in the

treaty and defined, without being named in previous official acts of the

British Government, in so forcible a manner that no difficulty need have

existed in finding it.

4. That the line of highlands claimed by the United States is, as the

argument on the part of Great Britain has maintained it ought to be, in

a mountainous region, while that proposed by Messrs. Featherstonhaugh

and Mudge does not possess this character; that it is also, in the sense

uniformly maintained by the United States, the height of land, which

that of Messrs. Featherstonhaugh and Mudge is not; that it fulfills in

every sense the conditions of the proclamation of 1763, the Quebec act

of 1774, and the treaty of 1783, which no other line that can possibly

be drawn in the territory in question can perform.

5. That as far as the Indian Stream and that flowing through Lake

Connecticut are concerned, the source of the former must in the sense

established by the assent of both parties be considered as the

northwestern source of the Connecticut River, but that if the old

demarcation of the forty-fifth parallel be disturbed the question must

lie between the sources of Halls and of Indian streams.

All which is respectfully submitted.

JAS. RENWICK

JAMES D. GRAHAM,

A. TALCOTT,

_Commissioners_.

_Note I_.

[Treaty of 1794, Article V.]

Whereas doubts have arisen what river was truly intended under the

name of the river St. Croix mentioned in the said treaty of peace, and

forming a part of the boundary therein described, that question shall be

referred to the final decision of commissioners to be appointed in the

following manner, viz:

One commissioner shall be named by His Majesty and one by the President

of the United States, by and with the advice and consent of the Senate

thereof, and the said two commissioners shall agree on the choice of a

third, or, if they can not so agree, they shall each propose one person,

and of the two names so proposed one shall be drawn by lot in the

presence of the two original commissioners; and the three commissioners

so appointed shall be sworn impartially to examine and decide the said

question according to such evidence as shall respectively be laid before

them on the part of the British Government and of the United States.

The said commissioners shall meet at Halifax, and shall have power to

adjourn to such other place or places as they shall think fit. They

shall have power to appoint a secretary and to employ such surveyors

or other persons as they shall judge necessary. The said commissioners

shall, by a declaration under their hands and seals, decide what river

is the river St. Croix intended by the treaty. The said declaration

shall contain a description of the said river and shall particularize

the latitude and longitude of its mouth and of its source. Duplicates

of this declaration and of the statements of their accounts and of the

journal of their proceedings shall be delivered by them to the agent

of His Majesty and to the agent of the United States who may be

respectively appointed and authorized to manage the business on behalf

of the respective Governments. And both parties agree to consider such

decision as final and conclusive, so as that the same shall never

thereafter be called into question or made the subject of dispute or

difference between them.

_Note II_.

Declaration of the commissioners under the fifth article of the treaty

of 1794 between the United States and Great Britain, respecting the true

river St. Croix, by Thomas Barclay, David Howell, and Egbert Benson,

commissioners appointed in pursuance of the fifth article of the treaty

of amity, commerce, and navigation between His Britannic Majesty and the

United States of America finally to decide the question "What river was

truly intended under the name of the river St. Croix mentioned in the

treaty of peace between His Majesty and the United States, and forming

a part of the boundary therein described?"

A Compilation of the Messages and Papers of the Presidents. Volume 4, part 2: John Tyler · 第 121 / 403 题