46 APPENDIX TO BRITISH CASE. 



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 

 27 commissioners refusing, or declining, or wilfully omitting to 

 act as such, the}^ 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 Sov- 

 ereign 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 commis- 

 sioner, then such Sovereign or State shall decide ex parte upon the 

 said report alone. And His Britannic Majesty and the Government 

 of the United States engage to consider the decision of some friendly 

 Power or State to be such and conclusive on all the matters so referred. 

 Art. 5. 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 northwest angle of 

 Nova Scotia, now the northwesternmost head of Connecticut River, 

 has yet been ascertained ; and whereas that part of the boundary lino 

 between the dominions of the two Powers which extends from the 

 source of the River St. Croix, directly north, to the above-mentioned 

 northwest angle of Nova Scotia ; thence along the said islands which 

 divide those rivers that empty themselves into the River St. Lawrence 

 from those which fall into the Atlantic Ocean, to the north- western- 

 most 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 Catara- 

 guy, which has not yet been surveyed: it is agreed that, for these 

 several purposes, two commissioners shall be appointed, sworn, and 

 authorised 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. An- 

 drew's, 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 Cataraguy, to be surveyed and marked ac- 

 cording 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 particularising the latitude and longitude of the northwest angle 



