48 APPENDIX TO BRITISH CASE. 



which of the two parties the several islands lying in the lakes, water 

 communications, and rivers, forming the said boundary, do respec- 

 tively belong, in conformity with the true intent of the said treaty 

 of peace of one thousand seven hundred and eighty-three, and to 

 cause such parts of the said boundary as require it to be surveyed 

 and marked. The said commissioners shall, by a report or declara- 

 tion under their hands and seals, designate the boundary aforesaid, 

 state their decision on the points thus referred to them, and particu- 

 larise the latitude and longitude of the most northwestern point of 

 the Lake of the Woods, and of such other parts of the said boundary 

 as they may deem proper; and both parties agree to consider such 

 designation and decision as final and conclusive. 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, declara- 

 tions, 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 re- 

 spects as in the latter part of the fourth article is contained, and in as 

 full a manner as if the same was herein repeated. 



Art. 8. The several boards of two commissioners mentioned in the 

 four preceding articles shall respectively have power to appoint a 

 secretary, and to employ such surveyors or other persons as they 

 shall judge necessary. Duplicates of all their respective reports, 

 declarations, statements, and decisions, and of their accounts, and 

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

 agents of His Britannic Majesty, and to the agents of the United 

 States, who may be respectively appointed and authorised to manage 

 the business on behalf of their respective Governments. The said 

 commissioners shall be respectively paid in such manner as shall be 

 agreed between the two contracting parties, such agreement being 

 to be settled at the time of the exchange of the ratifications of this 

 treaty ; and all other expenses attending the said commission shall be 

 defrayed equally by the two parties. And in the case of death, sick- 

 ness, resignation, or necessary absence, the place of every such commis- 

 sioner respectively shall be supplied in the same manner as such com- 

 missioner was first appointed; and the new commissioner shall take 

 the same oath or affirmation, and do the same duties. It is further 

 agreed between the two contracting parties, that in case any of the 

 islands mentioned in any of the preceding articles, which ere [were] 

 in the possession of one of the parties prior to the commencement 

 of the present war between the two countries, should, by the decision 

 of any of the boards of commissioners aforesaid, or of the Sovereign 

 or State so referred to, as in the four next preceding articles con- 

 tained, fall within the dominions of the other party, all grants of 

 land made previous to the commencement of the war by the party 

 having had such possession shall be as valid as if such island or 

 islands had, by such decision or decisions, been adjudged to be within 

 the dominions of the party having had such possession. 



Art. 9. The United States of America engage to put an end, imme- 

 diately after the ratification of the present treaty, to hostilities with 

 all the tribes or nations of Indians with w T hom they may be at war 

 at the time of such ratification, and forthwith to restore to such 

 tribes or nations, respectively, all the possessions, rights and privi- 

 leges \vhich they may have enjoyed, or been entitled to, in one thou- 

 sand eight hundred and eleven, previous to such hostilities : provided 



