Article the Fifth
Whereas neither that point of the Highlands lying due North from the
source of the River St Croix, and designated in the former Treaty of
Peace between the two Powers as the North West Angle of Nova Scotia,
nor the North Westernmost head of Connecticut River has yet been
ascertained; and whereas that part of the boundary line between the
Dominions of the two Powers which extends from the source of the River
st Croix directly North to the above mentioned North West Angle of
Nova Scotia, thence along the said Highlands which divide those Rivers
that empty themselves into the River 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 Cataraquy, 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 above mentioned
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 Cataraquy 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 North West 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.
