Article the Fourth
Whereas it was stipulated by the second Article in the Treaty of Peace
of one thousand seven hundred and eighty three between His Britannic
Majesty and the United 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 Scotia, and whereas the several Islands in the Bay of
Passamaquoddy, which is part of the Bay of Fundy, and the Island of
Grand Menan in the said Bay of Fundy, are claimed by the United States
as being comprehended within their aforesaid 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
Commissioners to be appointed in the following manner: viz: One
Commissioner shall be appointed by His Britannic 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 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
respectely 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 decision as final and conclusive. It is further
agreed that in the event of the two Commissioners differing upon all
or any of the matters so referred to them, or in the event of both or
either of the 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 the
Government of the United States hereby agree to refer the report or
reports of the said Commissioners to some friendly 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 parse upon the said report
alone. And His Britannic Majesty and the Government of the United
States engage to consider the decision of such friendly Sovereign or
State to be final and conclusive on all the matters so referred.
