of the products of Finland into Sweden and Norway, in vessels of the respective countries, by special stipulations of a treaty still in force, and whose renewal forms, at this time, the subject of a negotiation between the Courts of Sweden and Norway and Russia, said stipulations being, in no manner, connected with the existing regulations for foreign commerce in general, the two high contracting parties, anxious to remove from their commercial relations all kinds of ambiguity or motives of discussion, have agreed that the eighth, ninth, and tenth articles of the present treaty shall not be applicable either to the navigation and commerce above mentioned, nor, consequently, to the exceptions in the general tariff of custom-house duties, and in the regulations of navigation resulting therefrom, nor to the special advantages which are, or may be granted to the importation of tallow and candles from Russia, founded upon equivalent advantages granted by Russia on certain articles of importation from Sweden and Norway. The present Separate Article shall have the same force and value as if it were inserted, word for word, in the treaty signed this day, and shall be ratified at the same time. In faith whereof, we, the undersigned, by virtue of our respective full powers, have signed the present Separate Article, and affixed thereto the seals of our arms. Done at Stockholm, the fourth of July, one thousand eight hundred and twenty-seven. J. J. APPLETON, [L.S.] G. COUNT DE WETTERSTEDT, [L.S.] And whereas the said Treaty and Separate Article have been duly ratified on both parts, and the respective ratifications of the same were exchanged at Washington, on the eighteenth day of January, one thousand eight hundred and twenty eight, by HENRY CLAY, Secretary of State of the United States, and ROBERT BARON DE STACKELBERG, Colonel, Knight of the Order of the Sword, and Chargé d'Affaires of His Majesty the King of Sweden and Nor way, near the said United States, on the part of their respective Governments : and Now, therefore. Be it known, that I, John Quincy Adams, Presi dent of the United States of America, have caused the said Treaty and Separate Article to be made public, to the end that the same, every clause and article thereof, may be observed and fulfilled with good faith by the United States, and the citizens thereof. In witness whereof, I have hereunto set my hand, and caused the Seal of the United States to be affixed. Done at the City of Washington, this nineteenth day of January, in the year of our Lord, one thousand eight hundred and [L. S.] twenty-eight, and of the Independence of the United States the fifty-second. By the PRESIDENT : H. CLAY, JOHN QUINCY ADAMS. 1827. Secretary of State, 1 1827. Convention be tween the U. S. and Great Britain, of 20 Sep tember, 1827. Commissioners on the part of the U. tain appointed as Trenty of Ghent, BY THE PRESIDENT OF THE UNITED STATES OF AMERICA, A PROCLAMATION. WHEREAS a Convention, between the United States of America and His Majesty the King of the United Kingdom of Great Britain and Ireland, was concluded and signed by the Plenipotentiaries, at London, on the 29th day of September, one thousand eight hundred and twenty seven, which convention is, word for word, as follows: WHEREAS it is provided by the fifth article of the Treaty of S. and Great Bri-Ghent, that, in case the Commissioners appointed under that provided by the article, for the settlement of the boundary line therein describ5th article of the ed, should not be able to agree upon such boundary line, the in case, &c. report or reports of those Commissioners, stating the points on which they had differed, should be submitted to some friendly Sovereign or State, and that the decision given by such Sovereign or State, on such points of difference, should be considered by the contracting Parties as final and conclusive: that case having now arisen, and it having, therefore, become expedient to proceed to and regulate the reference, as above described, the United States of America and His Majesty the King of the United Kingdom of Great Britain and Ireland, have, for that purpose, named their Plenipotentiaries, that is to say: the President of the United States has appointed Albert Gallatin, their Envoy Extraordinary and Minister Plenipotentiary at the Court of His Britannic Majesty; and his said Majesty, on his part, has appointed the Right Honorable Charles Grant, a member of Parliament, a member of His said Majesty's most Honorable Privy Council, and President of the Committee of the Privy Council for affairs of trade and foreign plantations, and Henry Unwin Addington, Esq. who, after having exchanged their respective full powers, found to be in due and proper form, have agreed to, and concluded the following articles. Points of differ ence which have tlement of the Art. 1. It is agreed, that the points of difference which have arisen in the set- arisen in the settlement of the boundary between the American boundary between and British dominions, as described in the fifth article of the British dominions, Treaty of Ghent, shall be referred, as therein provided, to fifth article of the some friendly Sovereign or State, who shall be invited to inTreaty of Ghent, vestigate, and make a decision upon, such points of difference. the American and as described in the & c.. The reports and The two contracting Powers engage to proceed in concert, to the choice of such friendly Sovereign or State, as soon as the ratifications of this Convention shall have been exchanged, and to use their best endeavors to obtain a decision, if practicable, within two years after the Arbiter shall have signified his consent to act as such. Art. 2. The reports and documents, thereunto annexed, of the dogements the Commissioners appointed to carry into execution the fifth article ing so vominous, of the Treaty of Ghent, being so voluminous and complicated, greed to substitute as to render it improbable that any Sovereign or State should &e. it is hereby a . new and separate be willing or able to undertake the office of investigating and 1828. arbitrating upon them, it is hereby agreed to substitute for for those reports, those reports, new and separate statements of the respective statements of the cases, severally drawn up by each of the contracting Parties, respective cases. in such form and terms as each may think fit. The said statements, when prepared. shall be mutually communicated to each other by the contracting Parties, that is to say by the United States to His Britannic Majesty's Minister or Chargé d'Affaires at Washington, and by Great Britain to the Minister or Chargé d'Affaires of the United States at London, within fifteen months after the exchange of the ratifications of the present Convention. After such communication shall have taken place, each Party shall have the power of drawing up a second and definitive statement, if it think fit so to do, in reply to the statement of the other Party, so communicated; which definitive statements shall also be mutually communicated, in the same manner as aforesaid, to each other, by the contracting Parties, within twenty-one months after the exchange of the ratifications of the present Convention. tracting parties exchange of ratifi . Art. 3. Each of the contracting Parties shall, within nine Each of the cor months after the exchange of ratifications of this Convention, shall, within nine communicate to the other, in the same manner as aforesaid, all months after the the evidence intended to be brought in support of its claim, be cations of this conyond that which is contained in the reports of the Commission- nicate to the other, ers, or papers thereunto annexed, and other written docu- ner as aforesaid, ments laid before the Commission, under the fifth article the Treaty of Ghent. vention, commu in the same man all the evidence of intended to be brought in support of its claim, beyond that which is con tained in the re mmissioners, or pa nexed, and other Each of the contracting Parties shall be bound, on the appli cation of the other Party, made within six months after the ex ports of the Comchange of the ratifications, of this Convention, to give authen pers thereunto antic copies of such individually specified acts of a public nature, written doc relating to the territory in question, intended to be laid as evi-ments laid before dence before the Arbiter, as have been issued under the author. under the fifth arity, or are in the exclusive possession, of each Party. No maps, surveys, or topographical evidence of any description, shall be adduced by either Party, beyond that which is hereinafter stipulated, nor shall any fresh evidence of any description, be adduced or adverted to, by either Party, other than that mutually communicated or applied for, as aforesaid. Each Party shall have full power to incorporate in, or annex to, either its first or second statement, any portion of the reports of the Commissioners, or papers thereunto annexed, and other written documents laid before the Commission under the fifth article of the Treaty of Ghent, or of the other evidence mutually communicated or applied for as above provided, which it may think fit. Commission, ticle of the Treaty of Ghent, &c. &c. Mitchell's map, Art. 4. The map called Mitchell's map, by which the fram The map called ers of the Treaty of 1783 are acknowledged to have regulated and ma A, their joint and official proceedings, and the map A, which has to the stat meats shall be annexed parties, and be the shall be 1827. been agreed on by the contracting Parties, as a delineation of of the contracting the water courses, and of the boundary lines in reference to the only maps that said water courses, as contended for by each Party respectiveed as evidence,muly, and which has accordingly been signed by the above named tually ackowledg. Plenipotentiaries, at the same time with this Convention, shall ing "arties, of the be annexed to the statements of the contracting Parties, and be the only maps that shall be considered as evidence, mutually acknowledged by the contracting Parties, of the topography of the country. ed by the contract topography of the country. All the statements, papers, maps, and mentioned, and communicated as without any addi or alteration what and simultaneous If shall however, be lawful for either Party, to annex to its respective first statement, for the purposes of general illustration, any of the maps, surveys. or topographical delineations, which were filed with the Commissioners under the fifth article of the Treaty of Ghent, any engraved map heretofore published, and also a transcript of the above mentioned map A, or of a section thereof, in which transcript each party may lay down the highlands, or other features of the country, as it shall think fit; the water courses and the boundary lines, as claimed by each party, remaining as laid down in the said map A. But this transcript, as well as all the other maps, surveys, or topographical delineations, other than the map A, and Mitchell's map, intended to be thus annexed, by either Party, to the respective statements, shall be communicated to the other Party, in the same manner as aforesaid, within nine months af ter the exchange of the ratifications of this Convention, and shall be subject to such objections and observations, as the other contracting Party may deem it expedient to make thereto, and shall annex to his first statement, either in the margin of such transcript, map or maps, or otherwise. Art. 5. All the statements, papers, maps, and documents, documents, above above mentioned, and which shall have been mutually com which shall have municated as aforesaid, shall, without any addition, subtracbeen mutually tion, or alteration, whatsoever, be jointly and simultaneously aforesaid, shall delivered in to the arbitrating Sovereign or State, within two tion, subtraction, years after the exchange of ratifications of this Convention, unsoever, be jointly less the Arbiter should not, within that time, have consented by delivered in to to act as such; in which case all the said statements, papers, the arbitrating Sovereign or State, maps, and documents, shall be laid before him within six within two years months after the time when he shall have consented so to act. after the exchange of ratifications of No other statements, papers, maps, or documents, shall ever be laid before the Arbiter, except as hereinafter provided. In order to facili- Art. 6. In order to facilitate the attainment of a just and ment of a just and Sound decision on the part of the Arbiter, it is agreed that, in the part of the Ar- case the said Arbiter should desire further elucidation or eviber, it is agreed dence in regard to any specific point contained in any of the this convention. tate the attain sound decision on that, &c. said statements submitted to him, the requisition for such elucidation or evidence shall be simultaneously made to both Parties, who shall thereupon be permitted to bring further evidence, if required, and to make, each, a written reply to the specific questions submitted by the said Arbiter, but no further; and such evidence and replies shall be immediately communicated by each Party to the other. And in case the Arbiter should find the topographical evidence, laid as aforesaid before him, insufficient for the purposes of a sound and just decision, he shall have the power of ordering additional surveys to be made of any portions of the disputed boundary line or territory, as he may think fit; which surveys shall be made at the joint expense of the contracting Parties, and be considered as conclusive by them. 1827. Art. 7. The decision of the Arbiter, when given, shall be The decision of taken as final and conclusive; and it shall be carried, without the Arbiter, when given, shall be ta reserve, into immediate effect, by Commissioners appointed ken as final and for that purpose by the contracting Parties. Art. 8. This Convention shall be ratified, and the ratifications shall be exchanged in nine months from the date hereof, or sooner, if possible. In witness whereof, we, the respective Plenipotentiaries, Done at London, the twenty-ninth day of September, [SEAL.] [SEAL.] SEAL.] ALBERT GALLATIN, AND WHEREAS the said Convention has been duly ratified on both parts, and the respective ratifications of the same were exchanged, at London, on the second day of April, one thousand eight hundred and twenty-eight, by William Beach Lawrence, Chargé des Affaires of the United States at the Court of His Britannic Majesty, and the Right Honorable Charles Grant, and Henry Unwin Addington, Esq. on the part of their respective Governments : Now, THEREFORE, be it known, that I, JOHN QUINCY ADAMS, President of the United States of America, have caused the said Convention to be made public, to the end that the same, and every clause and article thereof, may be observed and fulfilled, with good faith, by the United States and the citizens thereof. In witness whereof, I have hereunto set my hand, and [L. S.] By the President: JOHN QUINCY ADAMS. H. CLAY, Secretary of State. conclusive. |