Treaty of Ghent: Section 5: Fourth Article Summary

Island Real Estate

  • We get a quick review: after the Revolutionary War ended with the Paris Peace Treaty of 1783, the U.S. and Britain negotiated the northern and southern boundaries of the U.S.
  • TL;DR, the British got to keep Canada.
  • However—slamming the brakes—both the U.S. and Britain disagree on who gets to keep certain islands in the Bay of Fundy, a body of water bordering Nova Scotia and Maine.
  • So—and we're finally getting to the point here—the two sides agree to appoint commissioners, or representatives, to judge who gets what island.
  • The two commissioners will be appointed by the king of Britain and the President of the United States. They have to swear to be impartial even though the U.S. had just upset Britain in the World Cup and feelings were running high.
  • The two commissioners will meet in New Brunswick, a province of Canada, but can also meet in another place if they want to. Jamaica, Trinidad, and anywhere warmer than Canada come to mind.
  • The job of the commissioners is to decide who gets what based on the "true intent" (IV.5) of the Treaty of 1783. In other words, they had to reinterpret their own treaty.
  • If the commissioners agree on a decision, then the decision is final.
  • If they disagree, then they have to submit reports to their governments explaining their positions. After that, the governments have to submit the reports to a "friendly Sovereign or State" ( IV.8). This is like bringing in a marriage counselor, if the counselor was the King of the Netherlands.
  • If one Commissioner doesn't submit a report, then the neutral country gets to make a decision based on the other Commissioner's report, on its own. This is a good example of why you should always turn in your homework.