tates 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 trea
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