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 in the choice of a third, or if they cannot agree, they shall each propose one person, and of the two names so proposed, one shall be taken by lot, in the presence of the two original commissioners; and the three commissioners so appointed shall be sworn impartially to ascertain and determine the said north-west angle of Nova Scotia, pursuant to the provisions of the said treaty of peace; and likewise to cause the same boundary line between the source of the river St. Croix, as the same has been deter mined by the commissioners appointed for that purpose, and the north-west angle of Nova Scotia, to be run and marked according to the provisions of the treaty aforesaid; the said commissioners shall meet at Boston, and have power to adjourn to such other place or places as they shall think fit; they shall have power to appoint secretary, and employ such surveyors and other assistants as they shall judge necessary. The said commissioners shall draw up a report of their proceedings, which shall describe the line aforesaid, and particularize the latitude and longi. tude of the place ascertained and determined as aforesaid to be the north-west angle of Nova Scotia, duplicates of which report, under the hands and seals of the said commissioners (or a majority of them) together with duplicates of their accounts, shall be delivered to such persons as may be severally authorized to receive the same in behalf of their respective governments; and the decision and proceedings of the said commissioners, or of a majority of them, made and had as aforesaid, shall be final and conclusive.

ART. III. It is further agreed, that the said commissioners, after they shall have executed the duties assigned to them in the preceding article, shall be, and they hereby are authorized, upon their oaths, impartially to ascertain and determine the north westernmost head of Connecticut riyer, according to the provision of the aforesaid treaty of

peace; and likewise to cause the boundary line, described in the said treaty of peace, between the north west angle of Nova Scotia and the said north westernmost head of Connecticut river, to be run and marked, pursuant to the provisions of the said treaty: the said commissioners shall meet at Boston, and have power to adjourn to such other place or places as they shall think fit; they shall have power to appoint a secretary, and employ such surveyors and other assistants as they shall judge necessary. The said commissioners shall draw up a report of their proceedings, which shall describe the boundary line aforesaid, and particularize the longitude and latitude of the north westernmost head of Connecticut river, duplicates of which report, under the hands and seals of the said commissioners, or of a majority of them, together with duplicates of their accounts, shall be delivered to such persons as may be severally authorized to receive the same, in behalf of their respective governments, and the decision and proceedings of the said commissioners, made and had as aforesaid, shall be final and conclusive.

ART. IV. It is further agreed, that the aforesaid commissioners shall respectively be paid in such manner as shall be agreed between the two parties, such agreement to be settled at the time of the ratification of this convention; and all other expenses, incurred by the said commissioners, shall be defrayed jointly by the two parties, the same being previously ascertained and allowed by the said commissioners; and in case of death, sickness, or necessary absence, the place of any commissioner shall be supplied in the same manner as such commissioner was appointed, and the new commissioner shall take the same oath and do the same duties.

ART. V. It is agreed that a line drawn due west from the Lake of the Woods along the forty-ninth parallel of north latitude, shall be the line of demarcation between his majesty's territories and those of the United States to the westward of the said lake, as far as the territories of the United States extend in that quarter, and that the said

line shall, to that extent, form the southern boundary of his majesty's said territories, and the northern boundary of the said territories of the United States, provided that nothing in the present article shall be construed to extend to the north west coast of America, or to the territories belonging to, or claimed by either party, on the continent of America, to the westward of the Stony Mountains. ART. VI. It is agreed by the United States that his majesty's subjects shall have at all times free access from his majesty's aforesaid territories by land or inland navigation, into the aforesaid territories of the United States, to the river Mississippi, with the goods and effects of his majesty's said subjects, in order to enjoy the benefit of the navigation of that river, as secured to them by the treaty of peace between his majesty and the United States, and also by the third article of the treaty of amity, commerce, and navigation of 1794. And it is further agreed that his majesty's subjects shall in like manner, and at all times, have free access to all the waters and rivers falling into the western side of the river Mississippi, and to the navigation of the said river.

ART. VII. It is agreed that the privileges of intercourse and trade by land, or inland navigation, secured to his. majesty's subjects, and to the citizens of the United States, and to the Indians dwelling on each side of the boundary line between the respective territories of the high contracting parties, on the continent of America, by the third article of the treaty of amity, commerce, and navigation be-. tween his Britannic majesty and the United States of America, signed at London the 19th of November, 1794, as well as by the explanatory article, concluded at Philadel-, phia, in 1796, shall extend to all the territories belonging to either of the high contracting powers on the continent, of America (the actual settlements of the Hudson's bay company and the intermediate neighbourhood of those settlements always excepted) situated on either side of any part of the boundary line described in the preceding artiele, so that all the rights and privileges secured to his majesty's subjects and to the citizens of the United States,

by the aforesaid article of the treaty of 1794, as well as by the explanatory article of 1796, shall be enjoyed by them in the aforesaid territories. It is farther agreed that goods or merchandise imported by land or inland navigation from the territories of the one power into those of the other, shall not be subjected to other or higher duties, when so imported, than would be payable for the same goods if imported into the said territories from Europe, or from beyond the seas; and therefore, that the value of the said goods and merchandise shall be estimated by their respective custom-house officers, in the same manner as if they were so directly imported from Europe or from beyond the seas. It is farther agreed that no duties shall be exacted from the traders of either power, for licenses to trade with the Indians for themselves, their servants, or their canoemen, or for passes for their canoes, or for any other purpose whatever. But if such licenses are required by either power as a measure of police or internal regulation, they shall be granted by the power requiring them to the subjects or citizens of the other without any fee or gratuity, and shall not be withheld from any person demanding them for himself, his servants, or his canoemen, except for some offence committed or impropriety of conduct on the part of the person for whom the license is demanded. It is farther agreed, that no restrictions or limitations shall be applied by either power to the trade of the subjects or citizens of the other power, with the Indians living on its own side of the boundary line, except such limitations and restrictions as a regard to its own safety may from time to time compel it to adopt, with regard to the trade of its own subjects or citizens.

ART. VIII. Whereas it is expedient that the exchange of gypsum, grindstones, and certain other articles of the produce of his majesty's colonies in North America, and of British manufactures, and British West India produce, to be exported from the said colonies in return for horses, cattle, grain, provisions, slaves, pitch, tar, turpentine, and certain other articles the produce of the United States,

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shall be permitted, encouraged and regulated by sea, between the subjects of his majesty and the citizens of the United States: it is agreed that measures shall be taken as speedily as may be, for giving a legalized exchange and intercourse for the purposes aforesaid, at such port or ports as shall be fixed for the vessels of either party with such fair and equal regulations, restrictions or extensions, from time to time, as may best promote the said objects consistently with the respective and essential interests of navigation and trade.

ART. IX. Lastly. This treaty, when the same shall have been ratified by his majesty and the President of the United States, by and with the advice of their Senate, and the respective ratification mutually exchanged, shall be binding and obligatory upon his majesty and upon the said states, and shall be by them respectively executed and observed with punctuality, and the most sincere regard to good faith; and it is agreed, that the first six articles of this treaty shall be permanent, and that the seventh and eighth articles shall be limited in their duration to ten years, to be computed from the day on which the ratification of the treaty of amity, commerce and navigation, signed at London on the 31st of December last, shall have been exchanged.

In faith whereof, we the undersigned plenipotentiaries, on the part of his majesty the king of the united kingdom of Great Britain and Ireland, and the commissioners extraordinary and plenipotentiaries on the part of the United States of America, have signed this present convention, and have caused to be affixed thereto the seal of our arms. Done at London, the day of

thousand eight hundred and seven.

ARTICLE V.

(As proposed by the American commissioners.)

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It is agreed that a line drawn due north or south (as the ease may require) from the most north-western point of the Lake of the Woods, until it shall intersect the 49th