British-American Diplomacy
Declaration of the Commissioners under Article 5 of the Jay Treaty

Declaration of the Commissioners under Article 5 of the Jay Treaty, signed at Providence October 25, 1798.

By Thomas Barclay, David Howell and Egbert Benson Commissioners appointed in pursuance of the fifth article of the Treaty of Amity Commerce and Navigation between His Britannic Majesty and The United States of America finally to decide the Question "What River was truly intended under the name of The River Saint Croix mentioned in the Treaty of Peace between His Majesty and The United States, and forming a part of the Boundary therein described.


We the said Commissioners having been sworn impartially to examine and decide the said Question according to such evidence as should respectively be laid before Us on the part of the British Government, and of The United States. And having heard the evidence which hath been laid before Us by the Agent of His Majesty, and The Agent of The United States, respectively appointed and authorized to manage the business on behalf of the respective Governments-Have decided and hereby do decide the River herein after particularly described and mentioned to be the River truly intended under the name of The River Saint Croix in the said Treaty of Peace and forming a part of the Boundary therein described That is to say The Mouth of the said River is in Passamaquody Bay at a point of Land called Joe's Point, about one mile northward from the northern part of Saint Andrew's Island, and in the Latitude of forty five degrees, five minutes and five seconds north, and in the Longitude of sixty seven degrees twelve minutes and thirty seconds west from the Royal Observatory at Greenwich in Great-Britain, and three degrees, fifty four minutes and fifteen seconds east from Harvard College in the University of Cambridge, in the State of Massachusetts. And the course of the said River up from it's said Mouth is northerly to a point of Land called The Devil's-Head, then turning the said point is westerly to where it divides into two Streams the one coming from the westward, and the other coming from the northward, having the Indian name of Chiputnaticook or Chibnitcook, as the same may be variously spelt, then up the said Stream so coming from the northward to it's source, which is at a Stake near a yellow-Birch Tree trooped with Iron, and marked ST and IH 1797. by Samuel Titcomb and John Harris the Surveyors employed to survey the above mentioned Stream coming from the northward. And the said River is designated on the Map hereunto annexed and hereby referred to as farther descriptive of it by the Letters A. B. a. D. E. F. G. H. I. K. and L.--the Letter A being at it's said Mouth, and the Letter L being at it's said Source. And the course and distance of the said source from the Island at the Confluence of the abovementioned two Streams is as laid down on the said Map north five degrees and about fifteen minutes west by the magnet, about forty eight miles and one quarter. In Testimony whereof We have hereunto set our Hands and Seals at Providence in the State of Rhode Island the twenty fifth day of October in the year One thousand seven hundred and ninety eight.

Secretary to the Commissioners.
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.
127 Wall Street, New Haven, CT 06511.