Page:United States Statutes at Large Volume 8.djvu/131

TREATY WITH GREAT BRITAIN. 1794. lll} quarter, as well as all other points to be adjusted between the said parties, according to justice and mutual convenience, and in conformity to the intent of the said treaty. 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 Commissioners President of the United States, by and with the advice and consent of ’° g° S:,l’P°l£*°d the Senate thereof, and the said two commissioners shall agree on the jj:,.e:j;,j,:,,:;, choice of a third; or if they cannot so agree, they shall each propose St. Croix inone person, and of the two names so proposed, one shall be drawn by ‘°¤d°d gv *h° lot in the presence of the two original commissioners. And the three j;°€;y,j),ep§g§$,_ commissioners so appointed, shall be sworn, impartially to examine and dary of the decide the said question, according to such evidence as shall respec- U· S· tively be laid before them on the part of the British government and of the United States. 'I`he said commissioners shall meet at Halifax, and shall have power to adjourn to such other place or places as they shall think tit. They shall have power to appoint a secretary, and to employ such surveyors or other persons as they shall judge necessary. The said commissioners shall, by a declaration, under their hands and seals, decide what river is the river St. Croix, intended by the treaty. The said declaration shall contain a description of the said river, and shall particularize the latitude and longitude of its mouth and of its source. Duplicates of this declaration and of the statements of their accounts, and of the journal of their proceedings, shall be delivered by them to the agent of his Majesty, and to the agent of the United States, who may be respectively appointed and authorized to manage the business on behalf of the respective governments. And both parties agree to consider such decision as final and conclusive, so as that the same shall never thereafter be called into question, or made the subject of dispute or difference between them. ARTICLE VI. Whereas it is alledged by divers British merchants and others his U_ SAO make Majesty’s subjects, that debts, to a considerable amount, which were oompepsation _ bona fide contracted before the peace, still remain owing to them by :grE";.3:l}0‘;;‘;2" citizens or inhabitants of the United States, and that by the operation Occzjsioned by of various lawful impediments since the peace, not only the full recovery legal impediof the said debts has been delayed, but also the value and security ;*;’;$,;‘;";‘,‘? thereof have been, in several instances, impaired and lessened, so that debt, contract by the ordinary course of judicial. proceedings, the British creditors ed boforsthe cannot now obtain, and actually have and receive full and adequate P‘**‘~°°· compensation for the losses and damages which they have thereby sustained. It is agreed, that in all such cases, where full compensation for such losses and damages cannot, for whatever reason, be actually obtained, had and received by the said creditors in the ordinary course of justice, the United States will make fiill and complete compensation for the same to the said creditors: But it is distinctly understood, that this provision is to extend to such losses only as have been occasioned by the lawful impediments afbresaid, and is not to extend to losses occasioned by such insolvency of the debtors, or other causes as would equally have operated to produce such loss, if the said impediments had not existed; nor to such losses or damages as have been occasioned by the manifest delay or negligence, or wilful omission of the claimant. For the purpose of ascertaining the amount of any such losses and