ing my conviction that His Majesty's claim to all the Islands was supported by incontrovertible evidence, that I was willing, in order that a decision might be made in preference to a report, to yield up a part of the Islands claimed by His Majesty, to wit, Moose Island and Dudley and Frederick Islands, on coudition that all the other Islands in the Bay of Passamaquoddy, and Grand Manan, should be decided to belong to His Majesty. He appeared astonished that either myself, or his Majesty's Agent, had ever been serious in the claim for Grand Manan: represented its lying directly opposite the American Shores, and without the Limits of Sir William Alexanders Grant, except a fractional part of it; and that he never could consent to decide that this Island belonged to His Majesty. To these remarks I replied, by declaring, that unless he acceded to my last proposal, the appeal should be made to a friendly Sovereign or State. Eventually he agreed to give up Grand Manan, provided I would add the Island of Campo Bello to the three I had offered to give to the United States. I told him he had my ultimatum, an ultimatum I had brought myself with much difficulty to offer, while under a conviction that His Majesty's Title to Moose, Dudley and Frederick Islands was beyond dispute-It was not until the morning of the 9th, that I could induce the Commissioner on the part of the United States to agree to the Terms I had proposed, and then with great reluc tance and apparent Hesitation, and only on condition that I would unite with him in a Letter to both Governments, expressive of our opinion that the Eastern Passage from the Bay of Passamaquoddy was common to both nations. This letter he penned while I wrote the decision, but the Letter was so corrected by me, as to render it a mere matter of opinion, not official, on the part of the commissioners and consequently not binding on either of the nations. Still I beg leave to observe to your Lordship that I think the United States, in justice, and for preserving harmony between the two nations, should be permitted the use of this Eastern Passage, or outlet into the Bay of Fundy." Signature of the The commissioners held their last meeting in Boston on October 11, 1817. They next met in the city of New York, pursuant to their adjournment, on the 24th of November, when their award, engrossed on parchment, was duly executed, and the secretary was directed to deliver it in duplicate to each of the two agents. On the 14th of October Mr. Holmes had written to Mr. Adams, who was then Secretary of State, that the commissioners had proceeded amicably and had come to a decision, and that they would meet in New York on the 24th of November for the purpose of concluding it. Though the decision was not, he said, so favorable to the United States as perhaps it should be, yet it was, he trusted, better than to disagree, and one that comported with the honor and interests of the United States. On the 24th of November Mr. Holmes resigned his commissionership.' Expenses of the By the accounts presented by the agents, it appeared that the total contingent expenses of the commission, including the salary of the secretary, which were apportionable between the two governments in equal moieties, amounted to only $5,997.28.2 The commissioners communicated their deciLetter of the Commis- sion to the two governments with a joint letter, of which the copy addressed to the Secretary of State of the United States is as follows: sioners and Text of Award. "NEW YORK, November 24, 1817. "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 Islaud, 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 1S. Ex. Doc. 97, 20 Cong. 2 sess. 2 For appropriations, see 3 Stats. at L. 283, 358, 422, 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, "The Hon. JOHN QUINCY ADAMS, Secretary of State." "J. HOLMES. "Decision of the Commissioners under the fourth article of the Treaty of Ghent. Nov. 24, 1817. "By Thomas Barclay and John Holmes, Esquires, 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 twentyfourth 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 eightythree, 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 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 hun dred and seventeen. "[SEAL] "[SEAL] "Witness: "JAMES T. AUSTIN, Agt. U. S. A. Announcement of JOHN. HOLMES THO. BARCLAY.” President Monroe, in his annual message of December 2, 1817, expressed "satisfaction" Award to Congress. that the commissioners "to whom it was referred to decide to which party the several islands in the Bay of Passamaquoddy belonged" had "agreed on a report, by which all the islands in the possession of each party before the late war have been decreed to it;" but he did not expressly refer to the Island of Grand Menan, a circumstance which led the British commissioner to surmise that the President "felt sore on the point." The British commissioner undoubtedly exhibited much ability and skill in his negotiations with Mr. Holmes. "You know," said Mr. Webster, "we think that Grand Menan should have been assigned to us." 3 2 Marking of the Water Though the ownership of the islands was thus determined, no step was taken to mark the water boundary till 1891. On the 22d of July 1892 a treaty was concluded between the United States and Great Britain, by Article II. of which the high contracting parties agreed to appoint two commissioners, one to be named This decision is printed in the volume of Treaties and Conventions of the United States, and in the Am. State Papers, For. Rel. IV. 171. See, also, Hertslet's Br. & For. State Papers, IV. 805; V. 198. The memorials, arguments, and exhibits are in the Department of State. Among the papers are eight manuscript volumes, as follows: (1) Memorial of American Claim, Part I., devoted to showing that the islands were part of Massachusetts; (2) Memorial of American Claim, Part II., devoted to an examination of the extent and limits of Nova Scotia, for the purpose of showing that the islands were not within that province; (3) Appendix to American Memorial; (4) Map accompanying American Memorial; (5) Memorial of British Claim; (6) American Reply to British Memorial; (7) British Reply to American Memorial; (8) Appendix to British Reply. The memorials and replies are elaborate and exhaustive. 2 Rives's Correspondence of Thomas Barclay, 399. Mr. Webster to Mr. Gray, May 11, 1841, Webster's Private Correspondence, II. 103. by each party, "to determine upon a method of more accurately marking the boundary line between the two countries in the waters of Passamaquoddy Bay in front of and adjacent to Eastport, in the State of Maine, and to place buoys or fix such other boundary marks as they may determine to be necessary." "Each government," the article also provides, "shall pay the expenses of its own commissioner, and [the] cost of marking the boundary in such manner as shall be determined upon shall be defrayed by the High Contracting Parties in equal moieties." |