One commissioner shall be named by His Majesty and one by the President of the United States, by and with the advice and consent of the Senate thereof, and the said two commissioners shall agree on the choice of a third, or, if they can not so agree, they shall each propose one person, and of the two names so proposed one shall be drawn by lot in the presence of the two original commissioners; and the three commissioners so appointed shall be sworn impartially to examine and decide the said question according to such evidence as shall respectively be laid before them on the part of the British Government and of the United States. The said commissioners shall meet at Halifax, and shall have power to adjourn to such other place or places as they shall think fit. They shall have power to appoint a secretary and to employ such surveyors or other persons as they shall judge necessary. The said commissioners shall, by a declaration under their hands and seals, decide what river is the river St. Croix intended by the treaty. The said declaration shall contain a description of the said river and shall particularize the latitude and longitude of its mouth and of its source. Duplicates of this declaration and of the statements of their accounts and of the journal of their proceedings shall be delivered by them to the agent of His Majesty and to the agent of the United States who may be respectively appointed and authorized to manage the business on behalf of the respective Governments. And both parties agree to consider such decision as final and conclusive, so as that the same shall never thereafter be called into question or made the subject of dispute or difference between them. _Note II_. Declaration of the commissioners under the fifth article of the treaty of 1794 between the United States and Great Britain, respecting the true river St. Croix, 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 St. Croix mentioned in the treaty of peace between His Majesty and the United States, and forming a part of the boundary therein described?" DECLARATION.