In the event
of the commissioners differing, or both or either of them failing to
act, the same article made provision for a reference to a friendly
sovereign or state. Commissioners were appointed under this article in
1815-16, but although their sessions continued several years, they were
unable to agree on any of the matters referred to them. Separate reports
were accordingly made to both Governments of the two commissioners in
1822, stating the points on which they differed and the grounds upon
which their respective opinions had been formed. The case having thus
happened which made it necessary to refer the points of difference to a
friendly sovereign or state, it was deemed expedient by the parties to
regulate this reference by a formal arrangement. A convention for the
purpose was therefore concluded on the 29th of September, 1827, and the
two Governments subsequently agreed in the choice of His Majesty the
King of the Netherlands as arbiter, who consented to act as such. The
submission of the points of difference, three in number, was accordingly
made to that Sovereign, and his award, or rather written opinion on the
questions submitted to him, was rendered on the 10th of January, 1831.
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