British-American Diplomacy
Declaration of the Commissioners Under Article 5 of the Jay Treaty : Hunter Miller's Notes


The original declaration is in the archives of the Department of State; the original map signed by the Commissioners and the original declaration are sewn together

The text of the declaration here printed is from the original, which is written on a single sheet of parchment about 27 inches wide by 18 inches long. While the declaration is not in the Statutes at Large and is not included in the Treaty Series, it was printed in American State Papers, Foreign Relations, VI, 921-22; but neither there nor in any other publication which has been examined, is the text of the declaration printed with entire accuracy. In particular it is to be said that the declaration begins with the words " By Thomas Barclay " and has no preceding words of description and no opening heading; the Indian name "Chibnitcook" is very clearly so spelled in the original; and the signatures of the Commissioners and their seals run across the foot of the declaration, with the signature of their secretary above. The Journal of the Commissioners is in the archives of the Department of State; and the text of the declaration is almost, but not quite, literally copied therein at pages 152-55.

It appears that the original declaration and map were in duplicate only, for the concluding entry in the Journal of the Commissioners, following the text of the declaration and preceding the certificate of the secretary, recites that only two copies of the map annexed to the declaration had been made, and orders "That the Secretary have another Copy made, and that he certify it and file it with the other proceedings of this Board." Perhaps that copy of the map was made, but it is not in the archives of the Department of State.

For a full account of the proceedings of the Commissioners which resulted in this declaration, see Moore, International Adjudications, Modern Series, I and II.


The original map measures 61 1/8 by 70 5/8% inches.

The map has on it this notation, referring to the Metawamkeg (now "Mattawamkeag") River: "This river runs to the South west and is said to discharge into the Penobscot-vice John Harris's letter of the 30th March 1798." The letter mentioned has not been found. John Harris was the surveyor on the part of the British Government, who, under the authority of the Commissioners, made, with Samuel Titcomb, surveyor on the part of the United States, the survey of the Chiputnaticook or Chibnitcook, the north branch of the Scoodic or Saint Croix River. The Mattawamkeag does flow into the Penobscot.


That portion of the existing boundary between the United States and Canada which is formed by the Saint Croix River, from its source to its mouth, is shown by the present maps of the International Boundary Commission entitled "International Boundary from the Source of the St. Croix River to the Atlantic Ocean," Sheets Nos. 1 to 15 (No. 13 has not yet been published); they are signed (on April 3, 1924, Nos. 1 to 6; on May 30, 1924, Nos. 7 to 9; on October 30, 1924, Nos. 10 to 12; and on July 21, 1925, Nos. 14 and 15) by the Commissioners of the United States and of His Britannic Majesty appointed pursuant to Articles 1 and 2 of the treaty of April 11, 1908.

The other three maps of the same series, Nos. 16 to 18 (signed on July 21, 1925, Nos. 16 and 17; and on January 16, 1928, No. 18), show the remaining boundary, continuing to the Atlantic Ocean.

Originals of the maps of the International Boundary Commission are in the archives of the Department of State; copies are obtainable from the office of the International Boundary Commission in Washington.

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.