Commissioners, appointed by virtue of the fourth Article of the Treaty of Peace and Amity between His Britannic Majesty and The United States of America concluded at Ghent on the twenty fourth day of december One Thousand eight hundred and fourteen to decide to which of the two Contracting parties to the said Treaty the several Islands in the Bay of Passamaquoddy which is part of the Bay of Fundy and the Island of Grand Menan in the said Bay of Fundy do respectively belong in conformity with the true intent of the second Article of the Treaty of Peace of One Thousand seven hundred and eighty three between His said Britannic Majesty and the aforesaid United States of America.
We the said Thomas Barclay and John Holmes Commissioners as aforesaid having been duly sworn impartially to examine and decide upon the said claims according to such evidence as should be laid before us on the part of His Britannic Majesty and The United States respectively Have decided and do decide that Moose Island, Dudley Island, and Frederick Island, in the Bay of Passamaquoddy which is part of the Bay of Fundy do and each of them does belong to The United States of America and we have also decided and do decide that all the other Islands and each and every of them in the said Bay of Passamaquoddy which is part of the Bay of Fundy and the Island of Grand Menan in the said Bay of Fundy do belong to His said Britannic Majesty in conformity with the true intent of the said second Article of said Treaty of One Thousand seven hundred and eighty three.
In faith and Testimony whereof we have set our hands and affixed our Seals at the City of New York, in the State of New York in The United States of America This twenty fourth day of November, in the Year of Our Lord One thousand eight hundred and Seventeen.
Witness JOHN HOLMES [Seal]SIR The undersigned Commissioners appointed by virtue of the fourth Article of the Treaty of Ghent have attended to the Duties assigned them; and have decided that Moose Island, Dudley Island, and Frederick Island in the Bay of Passamaquoddy, which is part of the Bay of Fundy do each of them belong to the United States of America, and that all the other Islands in the Bay of Passamaquoddy and the Island of Grand Menan in the Bay of Fundy do each of them belong to His Britannic Majesty, in conformity with the true intent of the Second Article of the Treaty of Peace of One Thousand, Seven hundred and eighty three. The Commissioners have the Honor to enclose herewith their Decision.
In making this decision it became necessary, that each of the Commissioners should yield a part of his individual opinion; several reasons induced them to adopt this measure, one of which was the impression and belief that the navigable Waters of the Bay of Passamaquoddy, which by the Treaty of Ghent is said to be part of the Bay of Fundy are common to both Parties for the purpose of all lawful and direct communication with their own Territories and Foreign Ports. The undersigned have the Honor to be with perfect respect Sir Your obedient and humble Servants
J HOLMES|
Source: Treaties and Other International Acts of the United States of America. Edited by Hunter Miller Volume 2 Documents 1-40 : 1776-1818 Washington : Government Printing Office, 1931. |