Pinkney in 1807. That if I would not consent to this, he was ready to report, jointly or separately, stating the points on which we differed, and the grounds on which our respective opinions had been formed, and to leave it to the two Governments to refer the report to some friendly Sovereign or State for decision, which decision could not possibly be more adverse to the claims of the United States and might be more favorable, than that I had proposed. That where nothing more could be lost, and something might be gained, it was his duty to refer the question to the Tribunal pointed out by the Treaty in the event of the Commissioners not coming to a decision. In adjourning for that day (the 5th of October) I communicated the substance of the conferences, which had taken place between the Commissioner on the part of the United States and myself, to His Majesty's Agent. His opinion coincided with mine in the following particulars.-That in the event of the report being referred to a friendly Sovereign, it would naturally be placed by him, in the hands of one of His Ministers, or Law officers, with directions to examine the reports, and to recommend the decision which ought to be made. That it was probable that either from want of time, or other cause, the attention necessary to form a correct opinion might not be given, or that the Arguments in the report might not be fully comprehended; and that such Sovereign being called upon by both nations, in the character of a Friend, would probably adopt the Terms agreed upon (though not ratified) by the two nations, in the Convention of 1803 and supplemental conven. tion in 1807. That if this should be the Line pursued by such friendly Power, still it would remain a matter of doubt to whom it would decide the Island of Grand Manan to belong.That this Island was of more value to His Majesty, in point of Territory, than all the Islands in the Bay of Passamaquoddy; and in a military and naval Point of View of much greater importance.-That it commands the North West Side [of] the Bay of Fundy, is immediately opposite that part of the American Coast, where the waters which pass into and out of the Bay of Passamaquoddy at a place called West-quoddy passage and that His Majesty by being possessed of this Island, would have it in his power, in the event of a War, to prevent American Privateers from sheltering themselves in that Passage and to protect the Province of New Brunswick and that part of Nova Scotia which lies in the Bay of Fundy

That unless the six leagues should be measured from the line described in the Grant to Sir William Alexander, from St. Marys Bay to the River St. Croix, this Island would not be comprehended within the Limits of Nova Scotia, but only a small part of it,-—and that the friendly power might possibly decide in favor of the United States, or that the small portion of it belonged to His Majesty, and the remainder to those States-that either event would be extremely prejudicial to His Majesty's Interest-that in the number of unpleasant consequences which would attend a reference to a friendly Sovereign or State, independently of the uncertainty of the decision, are the time it would occupy, and the expense attending such an appeal.

"His Majesty's Agent further agreed with me, that Moose Island is of no moment to His Majesty. It had never been granted by him to any of his Subjects: on the contrary the State of Massachusetts had granted it to citizens of the United States-admitting that the friendly Sovereign should decide, that this Island did belong to His Majesty, the present Possessors would, on taking the Oaths of Allegiance, be confirmed in their titles to the Lands they held, while their sentiments would probably remain favorable to the Interests of the United States, and from their having access to His Majestys other Territories, would in time of War have it in their power to communicate information to His Majesty's Enemies. That this Island lay within less than half a mile of the American Shores, and consequently was at any moment liable to be taken possession of, unless defended by strong works, and a competent Garrison-That it was not worth this expense, nor, indeed either in an agricultural point of view, or for a fishery, of any value to the Crown.-That Frederick and Dudley Islands, adjacent thereto, were merely Rocks in the Bay of Passamaquoddy, extremely small and incapable of improvement, or indeed, of being made useful in any manner whatever. If an amicable decision could be effected by giving Moose Island with Dudley and Frederick Islands, its natural appendages to the United States, His Majesty's Agent thought it would be an advantageous adjustment on the part of His Majesty, and infinitely preferable to leaving the question to be decided by a friendly Sovereign. Accordingly when I met the American Commissioner on the 6th day of October, I stated to him, that I had reflected on what he had suggested, and notwithstand

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 condition 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 Graut, 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 reluctance 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
Award.

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.1

Commission.

By the accounts presented by the agents, it Expenses of the 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 Commission 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 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

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.

"THO. BARCLAY.

"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