i ' ':[ 
 
 
 1 S '. V ■ t^ ■ 
 

 0^^^2£mi£mr 
 
 it 
 
 ON THE PART OF 
 
 THE UNITED STATES, 
 
 OF THE CASE REFERRED, 
 
 IN PURSUANCE OF THE 
 
 conrvENTiour of 29Th September, 1827, 
 
 BETWEEN THE SAID STATES AND 
 
 GREAT BRITAIJV, 
 
 TO HIS MAJESTY, 
 
 THE KINO OF THE NETHERLANDS, 
 
 FOR HIS DECISION THEREON. 
 
 PRINTED, BUT NOT PUBLISHED. 
 
 WASBHrOTOV: 
 
 PRINTED AT THE OFFICE OP THE UNITED STATES' TELEGRAPH. 
 
 1829. 
 
'»' 
 
 ( '■} ' 
 
 '• ■*.■>'. -A ^_ ^ ^>' (J 
 
 '^\ M '<' 
 
 .->. ... -i.' ,^ .( ;i. 
 
 « U -- 
 
INTRODUCTION, .... 5 
 
 I. North-west Angle of Nova Scotia,and Line thence to the North-westernmost 
 
 head of Connecticut River, 7 
 
 § 1. The American Line established by the terms of the Treaty, - - - 8 
 §2. Ancient Provincial Boundarie8,a8 established by former authentic acts, • 14 
 § 3. The Ancient Boundaries confirmed by the Treaty, - - - - 28 
 
 § 4. Coincidence of the American Line with the ancient established Boun- 
 daries, ---.........27 
 
 § 5 The British Line inconsistent with, and contradictory to the terms of 
 
 the Treaty 34 
 
 n. North-westernmost Head of Connecticut River, - - - - - - 37 
 
 III. Boundary Line from the Connecticut River to the River St Lawrence, - - 41 
 
INTRODUCTION, (a) 
 
 The Boundaries of the United Stttes of America were defined, by the 
 Treaty of Peace, concluded the 3d day of September, 1783, between the said States 
 and His Britannic Majesty, in the following words, viz: 
 
 *' Article 2. And that all disputes which might arise in future on the subject 
 of the Boundaries of the said United States may be prevented, it is hereby agreed 
 and declared, that the following are and shall be their Boundaries, viz: from the 
 north-west angle of Nova Scotia, viz: that angle which is formed by a line drawn due 
 north from the source of the St. Croix River, to the Highlands, along the said High- 
 lands which divide those rivers that empty themselves into the River St. Lawrence^ 
 from those which fall into the Atlantic Ocean, to the north-westemmost head of Con- 
 necticut River; thence, down along the middle of that river, to the forty-fifth degree 
 of north latitude; from thence, by a line due west on said latitude, until it strikes the 
 River Iroquois or Cataraquy; thence, along the middle of said river, into Lake On- 
 tario, through the middle of said Lake, until it strikes the communication by water 
 between that lake and Lake Erie; thence, along the middle of said communication 
 into Lake Erie, through the middle of said lake, until it arrives at the water commu- 
 nication between that lake and Lake Huron; thence, along the middle of said water 
 communication, into the Lake Huron; thence, through the middle cf said lake, to the 
 water communication between that lake and Lake Superior; thence, through Lake 
 Superior, northward of the Isles Royal and Philipcaux, to the Long Lake; thence, 
 through the middle of the said Long Lake, and the water communication between it 
 and the Lake of the Woods, to the said Lake of the Woods; thence, through the said 
 lake, to the most north-western point thereof; and from thence, on a due west course, 
 to the River Mississippi; thence, by a line to be drawn along the middle of the said 
 River Mississippi, until it shall intersect the northernmost part of the thirty-first 
 degree of north latitude. Soutn, by a line to be drawn due east from the determina- 
 tion of the line last mentioned, in the latitude of thirty-one degrees north of the 
 equator, to the middle of the River Apalachicola or Catahouche; thence, along the 
 middle thereof, to its junction with the Flint River; thence, straight to the head of 
 St. Mary's River; and thence, down along the middle of St Mary's River\ to the 
 Atlantic Ocean. East, by a line to be drawn along the middle < f the River St. Croix, 
 from its mouth in the Bay of Fundy to its source; and from its source, directly north, 
 to the aforesaid Highlands which divide the rivers that fall into the Atlantic Ocean 
 from those which fall into the River St. Lawrence: comprehending all islands within 
 twenty leagues of any part of the shores of the United States, and lying between 
 lines to be drawn due east from the points where the aforesaid Boundaries between 
 Nova Scotia, on the one part, and East Florida, on the other, shall respectively touch 
 the Bay of Fundy and the Atlantic Ocean; excepting such islands as now arc, or 
 heretofore have been, within the limits of the said Province of Nova Scotia." 
 
 Circumstances, on which it is now unnecessary to dwell, prevented an immedi- 
 ate execution of some of the provisions of the treaty of 1783. It wis only by the 
 
 (a) For all the quotitioni Trom Treities between the Ignited States and Great Britain, see Written 
 evidence, No. 1 . 
 
treaty of Amity, Commerce, and Navigation, roncliided on the I9tli of November, 
 1794, between the two Powers, that llis llrilaniiic Majesty iigrccd, on certain con- 
 ditions therein specified, to withdraw, on or i)ef«re the (irst day of .liiiic, 17UC, all his 
 troops and garrisons from all posts and places within the Uoiindary Lines assigned by 
 the Treaty of Peace to the United States. 
 
 Doubts having arisen what river was truly intended under the name of the River 
 St. Croix, mentioned in the aforesaid treaty of peace, and forming a part of the Boun- 
 dary therein described, that question was referred, by virtue of the fifth article of the 
 said treaty of 1794, to the final decision of Commissioner.s to be appointed in the man- 
 ner therein prescribed: And both parties agreed, by the said article, to consider such 
 decision as final and conclusive, so as that the same shoidd never thereafter be called 
 into question, or made the subject of dispute or diflerence between them. 
 
 The Commissioners, appointed in conformity with the said fifth article of the 
 treaty of 1794, did, by their declaration of October 35th, 179S, decide, a river called 
 "Scoodiac," and the noril'ern branch of it (called "Chcputnaticook,") to be the true 
 River St. Croix intended by the treaty nf peace; that its mouth was in the Bay of 
 Passamaqucddy, at a place called Joe's Point, and its source at the northernmost head 
 sjiring of the northern branch aforesaid, (b) 
 
 By the treaty of peace concluded at Ghent, on the 24th of December, 1814, it 
 was agreed to provide for a final adjustment of the Boundaries described in the treaty 
 of 17S3, which had not yet been ascertained and determined, embracirg certain islands 
 in the Bay of Fundy, and the whole of the Boundary Line from the source of the 
 River St. Croix to the most north-western point of the Lake of the Woods. 
 
 It is provided by the fifth article of the .said treaty as follows: 
 
 •'Whereas neither that point of the Highlands lying due north from the source 
 of the River St. Croix, and designated in the former treaty of peace between the two 
 Powers, as the north-west angle of Nova Scotia, nor the north -westernmost head of 
 Connecticut River, has }-et been ascertained; and whereas that part of the Boundary 
 Line between the dominions of the two Powers, which extends from the source of the 
 River St. Croix, directly north, to the above mentioned north-west angle of Nova 
 Scotia; thence, along the .said Highlands which divide those rivers that empty them- 
 selves into the River St. Lawrence from those which fall into the Atlantic Ocean, to 
 the north-westernmost head of C Jni'.ecticut River; thence, down along the middle of 
 that river, to the forty-fifth degree of north latitude; thence, by a line due west, on 
 said latitude, until it strikes the River Iroquois or Calaraquy, has not yet been sur- 
 veyed; it is agreed that for those several pur|)08es, two Cunimissioners shall be ap- 
 pointed, sworn, and authorized to act, &c 
 
 The said Commissioners shall have power to ascertain and determine the points above 
 mentioned, in conformity with the provisions of the said treaty of peace of 17H3, and 
 shall cause the Boundary aforesaid, from the source of the River St. Croix to the River 
 Iroquois or Cataraquy, to be surveyed and marked according to the said provisions. 
 The said Commissioners shall make a maj) of the said Boundary, and annex to it a 
 declaration, under their hands and seals, certifying it to be the true map of the said 
 boundary, and particularizing the latitude and longitude of the north-west angle of 
 Nova Scotia, of the north-westernmost head of Connecticut River, and of such other 
 points of the said Boundary as they may deem proper. And both parties agree to 
 consider such map and declaration as finally and conclusively fixing the said Boun- 
 dary." 
 
 The same article further provides for the reference to a friendly Sovereign or 
 State, in the event of the Commissioners dilTering, or of both, or either of them, re- 
 fusing, declining, or omitting to act. 
 
 (i) AVriltcn Evidence, No. '^. 
 
The Cnmmissioners appointed in conformity with the anid fil\h article, oAer sitting 
 near five years, could not agree on any of the matters referred to tiinm, nor even on 
 a general map of the country exhibiting the Dnundarics respectively claimed by each 
 party. They accordingly mado separate reports to both Governments, stating the points 
 on which they diifered, and the grounds upon which their respective opinions had been 
 formed. 
 
 The case having arisen which rendered it necessary to refer the points of diflc- 
 rencc to a friendly Sovercigii or State, the two Powers found it expedient to regulate 
 the proceedings, and make some further provision in relation to the said reference; 
 and, on the 29th of September, 1827, concluded a Convention to that effect. 
 
 It was thereby agreed, amongst other provisions, that new and separate state- 
 ments of tlij respective cises, severally drawn up by each of the Contracting Parties, 
 should be substituted to the reports and documents of the Commissioners above men- 
 tioned; reserving to each party the power to incorporate in, or annex to, either of ita 
 statements, any portion of the said reports and documents which it might think fit. 
 
 The Map A. was also agreed on by the Contracting Parties, as a delineation of the 
 •vater-courses, and of the Boundary Lines in reference to the said water-courses, as 
 contended for by each party respectively. And that map, together with that called 
 Mitchell's Map, by which the framers of the treaty of 1783 are acknowledged to have 
 governed their joint and official proceedings, were declared to be the only maps that 
 should be considered as evidence, mutually acknowledged by the Contracting Parties, 
 of the topography of the country. 
 
 Where those maps differ one from the other, they must, of course, be considered 
 as evidence mutually acknowledged; the Map A, of the actual topography of the 
 country, and Mitchell's Map, of the topography as it was understood by the framers 
 of the treaty of 1783. 
 
 The two Governments having since agreed in the choice of a friendly Sovereign, 
 and His Majesty the King of the Netherlands, thus happily selected as Arbiter, having 
 consented to act as such, this statement of the case on the part of the United States, 
 is respectfully submitted to his consideration. 
 
 The Boundary Lines as contended for by each party respectively, which are 
 delineated on the Map A, give a general view of the conflicting claims of the two 
 Parties, and of the points of difference on which the decision of His Majesty, in con- 
 formity with the provisions of the treaty of peace of 1783, is respectfully requested. 
 
 Those points of difference may be reduced M.three, which will be separately dis- 
 cussed, viz: 
 
 1st. The north-west angle of Nova Scotia, and the Boundary Lino contemplated 
 by the treaty of 1783, extending from that angle, along certain Highlands, to the 
 north-westernmost head of Connecticut River. 
 
 2dly. The north-westernmost head of Connecticut River, contemplated by the 
 treaty of 1783. 
 
 3dly. The Boundary Line from the Connecticut River to the River Iroquois or 
 Calaraquy, (St. Lawrence,) as intended by the treaty of 1783. 
 
 I. 
 
 NOllTH-WEST ANGI.K OF NOVA SCOTIA, AND LINE THKNCE TO THE NORTH-WES- 
 TEllNMOST HEAD OK CONNECTICUT UIVEU. 
 
 In order to avoid the confusion which might arise from a change of names, it 
 is necessary, in the first phce, to premise, that, .'-ubsequent to the treaty of 1783, the 
 Province of Nova Scotia, which, at the dale of that treaty, was contiguous to the 
 
United SUtM, hai beon divided, by the British OoTernment, into two Proyinces; the 
 ■outh-eB8tern part, or peninsula, retaining the name of Novu Scotia, and the north- 
 western part^ which is tliat adjacent to the United States, having been erected into ■ 
 new Province, by the name of New Brunswick, (c) 
 
 The British Province of Quebec, as it was railed at the date of the treaty of 1783, 
 has also been since divided into two Provinces, viz: Upper Canada and Lower Canada; 
 this last being that which is contiguous to the United States, as far west m the Boun- 
 dary now in discussion eitends. {d) 
 
 On the other hand, that portion of the State of Massachusetts lying east of the 
 State of New Hampshire, which was, at the date of the treaty of 1783, known by 
 the name of Province of Maine, and extended eastwardly as far as the then Province 
 of Nova Scotia, has been since erected into a State by the name of Maine, admitted 
 as such into the Union, and is now contiguous to the British Provinces of New Bruns- 
 wick and Lower Canada, (e) 
 
 §1. 
 The ^meriean Line eatahliahed by the terms qf the Treaty. 
 
 The differences and doubts which had formerly existed as to the Boundary on 
 the sea shore, between the Provinces of Nova Scotia and Massachusetts, and as to 
 what was the true River St. Croix, have now been definitively settled. 
 
 The River Scoodiac has been authoritatively declared and determined to be the 
 River St Croix contemplated by the treaty of peace of 1783, and, as such, to be the 
 Boundary between the United States and the British dominions, ii'om its mouth to its 
 most northern source. In conformity with the Second Explanatory Article of 15th 
 March, 1798, a monument has been erected at the said source, vhich is mutually ac- 
 knowledged as the point of departure, whence the Boundary is a due north line to the 
 Highlands designated by the treaty of 1763. What are the Highlands thus designated, 
 is, therefore, the only question at issue. 
 
 As the description of the Boundary Line of the United States, in the treaty of 
 1783, commences, so also it terminates, at the north-west angle of Nova Scotia. In 
 order, therefore, to include the whole line from the River St. Croix to the sources of 
 the Connecticut River, it is necessary to bring together and connect the former and 
 the latter clause descriptive of the Boundary, in the second article of the treaty. They 
 arc as follows, viz: 
 
 "From the north-west angle of Nova Scotia, viz: that angle which is formed by 
 a line drawn due north from the source of St. Croix River to the Highlands; along 
 the said Highlands which divide those rivers that empty themselves into the River 
 St. Lawrence from those which full into the Atlantic Ocean, to the north-westernmost 
 
 head of Connecticut River, East by a line to be drawn along the 
 
 middle of the River St. Croix, from its mouth in the Bay of Fundy to its source, and 
 from its source directly north to the aforesaid Highlands which divide the rivers that 
 lull into the Atlantic Ocean from those which fall into the River St Lawrence." 
 
 The line drawn due north, or directly north, from the source of the River St. 
 Croix, to the Highlands, is mentioned in both clauses. In the first, the Highlands, at 
 which the due north line terminates, are, by the word aaidy which almost immediately 
 follows, identified with the Highlands which divide the rivers designated by the trea- 
 ty: and ill the latter clause, the same north line is declared to extend to the aforesaid 
 Highlands which divide the said rivers. 
 
 (c) Written Evidence, No. "-—{if) Written Erideocr, No. 4 (f) Written Evidence, No. 5. 
 
Iti(,therefor«, evident, that the north-west angle of Nova Scotia, contamplated hj 
 the treaty, bein)(formod by i|ic interaeclioii of a line drawn due north from the source 
 of the River Ht. Croix, with the Highlands whicii divide the rivers that empty them- 
 selves into the Rivur St Lawrence from those which fall into the Atlantic Ucean, must 
 be found on the very Highlands thus described. 
 
 Itis equally clear, that, inasmuch as the north-west angle of Nova Scotia must, ne* 
 cessarily, be formed by the intersection of the lines constituting the northern and 
 western Uoundarivs of Nova Scotia, the Highlands above described, viz: the High- 
 lands which divide the rivers that fall into the River St. Lawrence from those which 
 fall into the Atlantic Ocean, were, at the date of the treaty of 1783, a portion of the 
 northern Boundary of Nova Scutia. 
 
 Finally, the Boundary Line, through its whole extent, from the north.west angle oC 
 Nvva Scotia, to the north-wc.tlcrnmost head of Connecticut River, must, according to 
 the express words of the treaty of 1783, be along the said Highlands which divide 
 those rivers that em^ty themselves into the River St Lawrence, from those which fall 
 into the Atlantic Ocean. 
 
 The Highlands, therefore, contemplated by the treaty, are Highlands which, at a 
 point due north from the source of the River St Crois, divide the rivers falling into, 
 tlte Atlantic Ocean from those that fall into the River St .'^wrence; Highlands, ex- 
 tending eastwardly from that point(which is the north-west a igle of Nova Scotia,) and 
 continuing for gone distance, at leaal, in that direction, to d.'vide the rivers as afore- 
 said, so as to form there the northern Boundary of Nova Saotiv; Highlandsextending^ 
 likewise, south-westwnrdly, from the same point, and dividing the rivers as aforeMid,. 
 the whole dihtance from the said point, or north-west angle of Nova S otia, to the 
 Dorth-we8ternmo«t hrnd of Ccinecticut River. 
 
 The words,'' Highlands which divide the rivers," are inseparable; the term "Highn 
 lands," in its general senae, and undefined by any adjunct, bein^oae of relative im- 
 port and indeterminate signification. 
 
 Had,the north-westangleof Nova Scotia been designated prior to and in the treaty, 
 itself only as formed by the due north line drawn from the source of the River St 
 Croix, and by the Highlands generally, without stating what Highlands, there would 
 have been no ceitain criterion by which to ascertain what were the Highlands intend- 
 ed. Had that first difficulty been, by any means, removed, it might have been equal- 
 ly impracticable, amongst the ditFercnt lines which could have been suggested through, 
 a country intersected by numerous broken ridges, running in various directions, to as> 
 certain which was entitled to preference; and how the Boundary Line was to be sur- 
 veyed to the nortli-wosternmost head of Connecticut River, if that lino had been 
 designated only as |)assing along the Highlands, without expressly pointing out what 
 were the Highlands intended. 
 
 It is the property of dividing the rivers, therefore, which affixes a speeiiie and pre- 
 cise meaning to the general expression of " Highlands;" and which determines 
 both the north-west angle of Nova Scotia and the Boundary Line extending thence to 
 tlte north-westernmost head of Connecticut River. It is that property, what, ia 
 French, is called, <' Point dc Partage," which constitutes the essence of the treaty 
 definition. 
 
 The limited knowledge which had been obtained in the year 1783, of the face of the 
 country, rendered it impossible to recur to any other criterion in that definition. For. 
 this assertion we are not left to conjecture. Mitchell's map exhibits no other clear and 
 sufhciently correct features of the topography of the country than its rivers and water- 
 courses: it was, therefore, in reference to these alone that the negotiators could define 
 
 the boundary line. 
 
 3 
 
10 
 
 AvoifJint; aecoHini^ly the words, " mountains," "hills," or any such as might have 
 been derived from, or indicative of, the peculiar nature of the ground, the general ex- 
 pression "Highlands" was adopted, as applicable to any ground, (whatever might be 
 its nature or elevation,) along which the line dividing the rivers should be found to pass: 
 the fact, that the ground dividing rivers is necessarily more elevated than those rivers 
 and the country adjacent to their banks, being sufficient to entitle it to the designation 
 of " Highland," in relation to those rivers and to that country. (/) 
 
 NoHighlandscandivide the rivers tlyit fall into the Atlantic Ocean from those wiiich 
 fall into the River St. Lawrence, but those Highlands in which the rivers thus desig- 
 nated, or their tributary streams, have their rtspective sources, and thence flow in dif- 
 ferent directions, to the Ocean and to the St. Lawrence, respectively. The map A. shews 
 that there are, along the line drawn due north from the source of the River St. Croix, 
 but two places which divide rivers thus flowing in diiTerent directions, and in which 
 those rivers have their respective sources. 
 
 The due north line from the source of the River St. Croix, crosses no other rivers, 
 for a distance exceeding ninety miles, but tributary streams of the River St. John, and 
 that river itself. There is not along the line, through the whole of that distance, a 
 single point that divides rivers falling into the Atlantic Ocean from those falling into 
 the River St. Lawrence, or that divides any other water-courses whatever, but such as 
 £tll into one and the same river, viz: the River St. John. 
 
 At about ninety-seven miles from the source of the River St. Croix, the due north 
 line reaches a ridge or Highland which divides tributary atrenms of the River St 
 John, which falls into the Bay of Fundy, from the waters of the River Ristigouche, 
 which falls, through the Bay des Chaleurs, into the Gulf of St. Lawrence. And, in 
 its further north course, the said line, after crossing several upper branches of the River 
 Ristigouche, reaches, at the distance of about 144 miles from the source of the River 
 St. Croix, the Highlands which divide the waters of the said River Ristigouche from 
 the tributary streams of the River Metis, which falls into the River St. Lawrence. 
 It is clear that there is no other possible choice but between those two places, and that 
 the north-west angle of Nova Scotia must, of necessity, be found at the intersection of 
 the said due north line with, either the Highland which divides the waters of the River 
 St. John from those of the River Ristigouche, or the Highlands which divide the 
 waters of the River Ristigouche from those of the River Metis; since there is no other 
 point, through the whole course of the due north line, which divides any other waters 
 but such as empty themselves into the same river, (g) 
 
 The selection between those two dividing Highlands evidently depends on what is 
 meant, according to the treaty of 1783, by rivers that empty themselves or fall into 
 the River St. Lawrence, and by rivers \vhich fall into the Atlantic Ocean. 
 
 The treaty recognizes but two classes of rivers. The first class embraces only the 
 rivers falling into a river, designated by its specific name, and cannot be construed to 
 include any rivers that do not empty themselves into the river thus specially desig- 
 nated. It must be inferred that all the rivers met by the due north line, which do 
 not actually empty themselves into the river St. Lawrence, according to its known 
 limits, are, by the treaty, considered as falling into the Atlantic Ocean. 
 
 (/) It !■ not intended by ttiese observations, eitlicrto admit that tlie ground along wliicli the line con- 
 tenileilforby tlic British passes, is, in the tense they attach to the word, rntitled lo the appellation of 
 " Highlands," or tliat there were not reasons derived from usage and general understanding tor adopting 
 thai term. The word " Highlands" is here considcivd only in its general sense, and u it stand* in the 
 treaty. See hereafter the observations on the Froclamatlon of IT63- 
 
 (if) Into the Hiver St. Jolin, as far nortli as the first Highland whicli divides the waters of that river 
 from liiose of the Kistigouchcj into the Hiver H'stigouche, between tliut first Highland and those whicU 
 divide the waters of that river from those of the Uiver Metis. 
 
II 
 
 This conclusion is in perfect accordance with what is understood by " Atlantic 
 Ocean" in the usual and general acceptation of the term. 
 
 "Sea," in its general sense, embraces the whole body of salt waters en the globe; 
 its great subdivisions are designated by the names of Atlantic Ocean, Pacific, Indian, 
 Arctic, Antarctic Ocean, &c. and each of these is a generic appellation, embracing, 
 when not specially or impliedly excluded, all the bays, gulfs, and inlets which are only 
 portions of such ocean, being formed by the indentures of the shores to which it does 
 extend, or by adjacent islands. 
 
 The Northern Atlantic Ocean extends from the European shores to those of North 
 America. In its general sense, it embraces all the bays, gulfs, and inlets, though dis- 
 tinguished by distinct names, which are formed by the shores of Europe and North 
 America. This is too generally admitted in geography to be denied; and a single 
 quotation from a popular work, will be adduced by way of illustration. 
 
 "Scotland is bounded on the south by England, and on the north, east, and west, by 
 the Deucaledonian, German, and Irish Seas; or, more properly, the Atlantic Ocean. "(A) 
 
 The Atlantic Ocean is here explicitly declared to embrace the Irish Channel and 
 the German Sea, although there is no portion of the said Ocean more usually de- 
 signated by its distinct appellation than the German or North Sea. 
 
 In the case under consideration, not only is the generic appellation of " Atlantic 
 Ocean" used as distinguished from, and contrasted with, the River St Lawrence alone, 
 but every river not emptying itself into the said river, which was, or could possibly have 
 been contemplated by the framers of the treaty of 1783, as falling into the Atlantic 
 Ocean, falls into it through some intermediate gtdf or bay, known, and, in Mitchell's 
 map, designated by a specific and distinct name: that is to say; the river Ristigouche, 
 through tho Bay des Chaleiirs, and the Gulf of St. Lawrence; the river St. John, 
 through the Bay of Fundy; the rivers Magaguadavic, (Mitchell's St, Croix) and 
 Scoodiac, (Mitchell's Pas.oamacrtdic) through the Day of Passamaquoddy and the Bay 
 of Fundy; the Penobscot through the Bay of ihc aamenamo; the Kennebec through 
 the Sagadahock Bay; and the Connecticut River through Long Island Sound, which 
 last inlet is as much a close and distinct sea, or portion of the Atlantic Ocean, as the 
 Gulf of St. Lawrence, and more so than the Bay of Fundy. So that if the rivers 
 which fall into the Atlantic through a gulf, bay, or inlet, known by a distinct name, are 
 not, under the treaty of 1783, rivers falling into the Atlantic Ocean, there is not a sin- 
 gle river that could have been contemplated by the treaty as such, to which the de- 
 scription applies. 
 
 The River Ristigouche is, therefore, as clearly embraced by the words " rivers fall- 
 ing into the Atlantic Ocean," as either the River St. .John, the Penobscot, or the Ken- 
 nebec; and. If excepted, it must be by virtue of some other provision in the treaty. 
 
 The designation of the Gulf of St. Lawrence, by that special name, in any other 
 portion of the treaty, is not sulTicicnt to narrow the meaning of the words, «' rivers 
 fiillinj: into the Atlantic Ocean," used as they are, in the description of the Boundary, 
 in their general sense and common acceptation, unless it can be shewn that the special 
 dertignulion was used expressly in order to restrain that general meaning, and not for a 
 special purpose. 
 
 Whenever it is intended to make a provision applicable only to a particular bay, 
 gulf, or portion of the ocean, or when the object is to designate with precision the 
 situation of the mouth of a river, or of some other place lying on the shore, or when 
 it appears nccesssary, in order to remove any doubt whatever, the distinct name of 
 such bay or gidf must necessarily be used. The special appellation being thus u.sed in 
 one feiitence, for a special avowed object, is applicable to that object alone, and can- 
 
 (h) Uutbrie'* Geographical Gr»intnir. Written Evidence, No. Q. 
 
12 
 
 not afleot the clear and express meaning of another sentenoe in the treaty. Still less 
 can it be so construed in relation to a clause in which the generic term, "Atlantic 
 Oceany" is used, notonJy witliout restriction, but as contradistinguished from theHiver 
 St. Lawrence alone. 
 
 The Gulf of St Lawrence is designated by itsspeoific name in but one sentence of 
 the treaty. It is provided, by the third article, " that the people of the United Slates 
 shall continue to enjoy unmolested the right to take fish of every kind on the Grand 
 Bank, and on all the other Banks of Newfoundland; alao in the Gulf of St. Law- 
 rence, and at all o/A«r places in the Sea, where the inhabitants of both countries used 
 at any tinte heretofore to fish." 
 
 So far from this provision having any bearing on the clauses in which the rivers 
 falling into the Atlantic Ocean are mentioned, the only question which arises, if, why 
 the Gulf of St. Lawrence was at all mentioned, since the provision would huve ap- 
 parently been as complete, had that name been omitted, and the clause had simply de- 
 clared the right to *ake fish to extend to '' all places in the Sea where the inhabitants 
 (MT both countries used heretofore to fish." 
 
 The reason was, that the Gulf of St Lawrence being a close Sea, the shores of 
 which did belong to Great Britain exclusively, (t) a doubt might have arisen whether, 
 notwithstanding the general provision, the people of any other nation could fish there 
 without an express stipulation to that effect. Although the Gulf of St Lawrence is 
 actually declared in the clause to be a place in the Sea, it was deemed proper to name, 
 it expressly, by way of greater caution, and in order to remove every possible doubt 
 on that subject And the meaning of the clause is, that the people of the United 
 States shall have the right to fish at all places in the Sea, where, &c. without even ex- 
 cepting the Gulf of St. Lawrence, and although this might be considered as under the 
 exclusive jurisdiction of Great Britain. 
 
 It is for the same reason that it was necessary, in the same article, to stipulate 
 expressly for the right of taking fish on the cua!<ts, bays, and creeks, of all other of 
 His Britannic Majesty's dominions in America, hs otherwise, some of those bays, 
 Sid. though, in fact, parts of the Sea wiicre the inhabitants of both countries used, 
 prior to the war, to fish, might have been cousidureJ as excepted, by reason of their 
 being within the exclusive jurisdiction of Great Britain. And it is also for a similar 
 reason, on account of the pretensions of Great Britain on the subject of fisheries, 
 that It was even deemed necessary to inser; an oxpre.ss provision declaratory of the 
 right of the people of the United States to continue to take lish on the Grand Bank, 
 and the other Banks of Newfoundland; although those Banks cuuid not be denied 
 to be "places in the Sea," and might certainly have been considered as included 
 within that general term. 
 
 Since the specific designation, in the third article, of the " Gulf of St Lawrence," 
 for a special purpose, cannot narrow the meaning of the generic term "Atlantic 
 Ocean," when used for a general purpose, and without restriction, the only question 
 is, whether the Kiver Kistigouche can, by any cunslruciion, be considered as falling 
 into the River St. Lawr<'nce. 
 
 The similarity of names, and the character of thiit river, might rcn<lcr it some- 
 what difficult to ascertain the precise place where it terminates, ami where the Gulf 
 commences, which must be acknowledged to be in b great degree arbitrary. The 
 doubts in that respect arc, however, removed by an authority, which, as to that point, 
 appears conclusive. 
 
 (i) AHIiougti the French had, »ml »till have, the rijlit to take, and even to ilry, fiih on the wea'am 
 coMt of Newfoundland, the soviTei(;nty of tlie IsUnd reinainii with Urrat iiiitain, by virtue uf the treaty 
 of Utrecht. Written Evidence, No. 7. 
 
13 
 
 By His Britannic Majesty's Proolnmation of the 7th of October, 1763, for 
 Erecting the Clovernmeiu of Quebec ami other purposes, that Government or Pro- 
 vince is declared to be bounded, on the Labrador Co»st, by the River St. John, (k) 
 and its eastern Boundary Irom Cape Rosier* is aflerWsrag described in the following 
 words, viz: " And from thence crossing the mouth 6f the River St. Lawrence by 
 the west end of the Island of Anticosti, terminates at Oio aforesaid River St. 
 John." (/) 
 
 All the rivers, the mouths of which lie west of the said Boondary, as delineated 
 in the American transcript of map A, are thereby declared lo empty themselves 
 above the mouth of, and into the River St. Lawrence. All the rivers, on the con- 
 trary, the mouths of which are east of the said Boundary, or south of Cape Rosiers, 
 {m) incluiliiig the Rivtr Ristigouche, are declared to empty themselves below the 
 mouth of the River St. Lawrence, and fall into the Atlantic Ocean through the Gulf 
 of St. Lawrence. ^ 
 
 The nurth-west angle of Nova Scotia, described in the treaty of 17»3, is there- 
 fore formed by, and determinad to be at the intersection of the line fq-awn due 
 north from the source of the River St. Croix, (being the point A in the map A, and 
 about 144 miles from the said source,) with the Highlands that divide the tributary 
 streams of the RLstigouche, which falls into the Atlantic Ocean, from the triliutary 
 Streams of a river emptying itself into the River St. Lawrence, and presumed, ac- 
 cording to the map A, to 1)0 the River Metis. The said Highlands, from the said 
 north- west angle,exlend south-wesi wardly to the north-westernmost I'ead of Connecti- 
 cut River, and eastwardly, to G.-ispc, dividing the whole .vay the wafers of the Atlan- 
 tic Ocean from those of the River St. l^awrence. 
 
 The said north-we-st aii^le of Nova Scotia is formed by the intersection of the 
 said due north line, which i<t the western IJoiindary of Nova Scotia, with the High- 
 lands which, from the point of inlersection, extend eastwardly, and, f^rsonie distance 
 at least, must be the northern Boundary of Nova Scotia, so as to forni the said north- 
 west angle according to the treaty. 
 
 And the Boundary Liix between the dominions of the two Powers, as describ- 
 ed by the said treaty, (;nid delineated on the map A,) extends due north from the 
 source of the river St. Croix, about 111 miles to the north-west angle of Nova Scotia, 
 as above desoiihed; and thoncc along the Highlands which divide the rivers that emp- 
 ty (heniselvcs into the River St. Lawrence from the tributary streams of the River 
 Ris'.igoiiclie, of the River St. John, and of the other rivers which fall into the At- 
 lantic Ocean, to the north-westernmost head (whatever this may be) of the Connecti- 
 cut River: so that the said line does, through its whole extent, (from the said north- 
 west angle of Nova Scotia, to the saitl norlh-we.sternmost head of Connecticut river,) 
 pass between the sources of the said rivers, leaving, on the right hand, and within 
 the dominions of Gnat Hriiain, the sources and all the waters of the rivers empty- 
 ing themselves into the liiver St. L.iwrenro; and, on the left hand, and within the 
 dominions of the United Slates, the sources and all the waters (lying west ofthciine 
 
 (/.) I'liis tJiviT St .lolin, mi tlic l.alinidor dust, iniiiit nol br cnnfoiiiuled with llie l'-te»t Hirer St. 
 ,I(f!iii v^tiii.h fiillii, lla'oug!) tiii> ll:)y ut I'liiiil), iiitt> tiic .Vtluntic Oclmd. 
 
 (/) Atl tlif nmps aililiiced ill eviilcnce ii(,'vi.-f wiili tliit (liiijjiialioii of llie Itivcr St. Lawrence. See, 
 imongst utiicrs, 'l'(i|i('|;iM|iliiciil Kvideiice, I'riiitcd Maps, No. 50, 
 
 (m) Accotdiiig t.) Jaiiifn tlu" Fiitit's drmt of Nova Scolia to Sir W. A'exaiuter, .'n 16^1, the liiver St. 
 I.a« rciice He ems to Imvc been oiulcriiliKxl to extcmi as fir Simtli at least, an ti.iye, winch lies between 
 Cap' ltosirr«an(l Hay des Clialeiin. 'I'lie words are "it ali lo perjjendii yiibu'^ antnXvm pir marl.i nrai 
 til oratet ■jiistlem Jhirii i/ir Vimmlii, ad ll'iviuiii, utaiioncin iiavium, portuin nut liitua commuiutvrnomiiie de 
 Gacliepe vel tinipe iiotiim ct »ppelli«tum." 
 4 
 
14 
 
 drawn dtie north from the source of the Rivier St. Croix,) of the Hirers Ristigouehe 
 and St. John, as well as of all the other Rivers which fall into the Atlantic Ocean. 
 
 It is believed that a single glance at the map A, comparing it with the words of 
 the treaty will, instantaneously, lead to the same conclusion. To prove what, from 
 the tenor of the treaty is <elf.evident, presents no other difficulty than what is inhe- 
 rent to any attempt to demonstrate an axiom or self-evident truth. In such an at- 
 tempt, the danger is incurred of obscurinK what needed no illustration. An apology 
 for having said so much will probably be found in the positions which the other party 
 i^ compelled to assume. 
 
 §2. 
 Ancient Provincial Boundaries as established ii/ former authentic acts. 
 
 The United States migh'. safely rest their case on what precedes. When th© 
 terms of a treaty are clear and explicit; when their meaning is susceptible of but one 
 construction, it is not necessary to resort to any other source of arguments. Still 
 it is permitted to seek for the intentions of the parties in the instrument itself: and as 
 such of the proceedings connected with the negotiations of the treaty of peace as 
 have been preserved, have been adduced as evi<lence, and will probably be resorted 
 to on the part of Great Britain, it may not be useless, though it may be deemed su- 
 perfluous, to examine whether there is, as connected with those proceedings, any 
 proof, on the fice of the instrument, of the avowed intentions of the parties. 
 
 The Congress of the United States, on the I4lh of Augusi, 1778^agreed to a 
 draft of instructions to the Commissioner to be appointed to negotiate a treaty of 
 peace with Great Britain. As part of those instructions, the Boundaries of the Unit- 
 ed States are declared to be as folluw.s, viz: 
 
 " These States are bounded north by a line to be drawn from the north-west an- 
 gle of Nova Scotia, along the Highlands which divide those rivers wiiich empty 
 themselves into the River St. Lawrence, from those which fall into the Atlantic 
 
 Ocean, to the north-westernmost head of Connecticut river; 
 
 , . . and east, by a line to bo drawn along the middle of St. John River, from its 
 
 source to its mouth in the Bay of Fundy, if the 
 
 eastern Boundary above described cannot be obtained, you are hereby empowered 
 to agree, that the same shall be afterwa'-ds adjusted by Commissioners, to be duly ap- 
 pointed for that purpose, according to such lineasshiill be by tliem settled and agreed 
 on, as the Boundary between that part of the State of Massachusetts Bay, formerly 
 called the Province of Maine, and the Colony of Nova Scotia, agreeably to their re- 
 spective riglits." (n) 
 
 In a report of a Committee of Congress, presented 16th August, 1782, it is con- 
 fessed that the eastern part of Massachusetts, " which goes by the name of Saga- 
 dahock, cannot be proved to extend to the river St. John as clearly as to that of St. 
 Croix." (o) 
 
 Congress had, previously, by their final instructions of the 1 5th of June, 1781, 
 modified those of the 14th of August, 1779, and directed their Ministers " to accede 
 to no treaty of {jcace which should nut secure the independence and Sovereignty of 
 the Thirteen States, or inconsistent with the treaties subsisting between them and 
 
 (n) Sfcret JuiirimU o»' (Jonyress, Vol. 2, p«i;e 225. Written Evijencc, No. 8. 
 (o) Secret Journali of CongrtM, Vol. 3, p«^c 171. Written Evidence, No, 8. 
 
15 
 
 Prance;" upon every other subject tying them up by no absolute and peremptory di- 
 rections; but still referring to the former instructions as expressive of the- desires and 
 expectations of Congress, (p) 
 
 In conformity with those instructions, Benjamin Franklin and John Jay, two of 
 the Commissioners of the United States, in the first propositions made by them and 
 agreed upon, on the 8th ol October, 1782, between them and Richard Oswald, tho 
 British Commissioner, (but to be submitted to His Britannic Majesty's consideration,) 
 defined the Boundaries of the United States in precise conformity with the first part 
 of the instructions of 14lh August, 1779. 
 
 But these being objected to, the other alternative, as contained in the subsequent 
 part ol the same instructions, was substituted, agreed to before the articles were sent 
 to London, and a memorandum to that eflect annexed to them in the following words, 
 viz: " Alteration to be made in the treaty respecting the Boundaries of Nova Scotia, 
 viz: east, the true line between which and the United States shall be settled by com- 
 missioners, as soon as conveniently may bo after the war." (q) 
 
 Counter-proposals were transmitted from London, which have not been preserv- 
 ed, (r) It appears only that much contestation took place about the I'oundaries and 
 other articles; the British contending, at first, that Nova Scotia should extend to the 
 River Kennebec; then to Penobscot; and, at length, agreeing to the River St. Croix; 
 and one of the American Ministers at first proposing the River St. John; but, on the 
 observation that St. Croix was the River mentioned in («) the Charter of Massachusetts 
 Bay, agreeing with them to adhere to the said Charter, (t) 
 
 Whatever may have passed in conversation, or in the course of the negotiations,^ 
 it is certain that the American Commissioners had first proposed the River St. John 
 as the Boundary; that, to that proposal, they substituted that of leaving the true 
 Boundary Line between Nova Scotia and the United States, to be settled by Com- 
 missioners, after the peace, to which the British Commissioner agreed provisionally; 
 and that, finally, availing themselves of the discretion given to them by the instruc- 
 tions of 15th June, 1781, it was ultimately agreed, instead of leaving the Boundary 
 in that unsettled situation, to define it in the treaty itself. 
 
 The clear inference is, that the confirmation of the Boundary Line between the 
 Province of Massachusetts and the other British Provinces, as it existed prior to the 
 hostilities, was adopted as the basis of that part of the treaty; and the words used in 
 the treaty itself shew, that such was the intention in relation to the whole Boundary 
 Line. 
 
 By the first article of the treaty, His Britannic Majesty acknowledges the Unit- 
 ed Slates, viz: New Hampshire, Massachusetts Bay, &c., to be free, sovereign, and 
 independent States, and for himself, his heirs and successors, re- 
 linquishes all claims to the Government, propriety and Terriloriai rights ol ihc same, 
 and every part thereof. The second article then proceeds as follows, viz: " and that 
 all disputes which might arise in future, on the subject of the Boundary of the said 
 United States, may be prevented, it is hereby agreed and declared that the following 
 are and shall be their Boundaries, viz: from /Ac north-west angle of Nova Scotia," &c. 
 
 (/)) Secret Jouriiili ol Cjnjresi, Viil. 3, page 445. Written Kvidtnce, No. 8. 
 ((/) Kiliachi rrniii Dr. Frank liii'a Cnrre»|)om!ence. Written Kvidencf, No. 9. 
 
 (r) Tlie I'aper Nii. J, mentioned in Dr. Fr»nklin'« Letter of ith December, ir82, hat not bi-enrnund 
 in the Arcliivea of the Unite 1 States, ami, not havings been adduced in evidence by the Uritiih (iorem- 
 menf, who have quoted No. 1 (the article! above mentioned) from Franklin's Printed t'orrcipondence, 
 ia presumed to be hut. 
 
 («) The Hiver St. Croix is not mentioned in tliat Charter. The statement should have been, that it 
 must be inferred from the Cliarter, at connected with other documents, that the St. Croix wan the Boun- 
 dary. 
 
 (() Exlracti fnm Dr. Franklin't Correspundence. Written F.vidence, N". 0. 
 
16 
 
 The acknowlednniont of the severai G.ates, by their several names, Massachu- 
 setts Bay (u) included, the relinquishment of all claims to the territorial rights of^the 
 same, the provision by which it is not only agreed what shall be, but declared what 
 rtre their Boundaries, and the reference to the north-west angle of Nova Scotia, as a 
 point the position of which was already understood by the two Powers, concur all, 
 in connexion with the proposals previously made, to prove the intention of the par- 
 ties to have been to confirm, as far as practicable, the Moundaries of the Slates, and of 
 Masiachusetts, particularly, as they had been established when British Provinces. 
 And it may be added that this, in addition to the clear and express intentions as ex- 
 pressed in the designation of the Boundary itself, is the only avowed intention of the 
 parlies that can be inferred from, or be found in the body of the treaty. 
 
 What were those Provincial Boundaries is now to be examined. The conflicting 
 claims of France will not, in the inquiry, be idverted to further than is absolutely 
 necessary for explanation, since the fate of arms decided against her; and since, be- 
 tween the present parties, documents emanating from Great Britain are, alone, au- 
 thoritative in questions relating to the iSoundaries of what were formerly British 
 Provinces. 
 
 By a charter of the 10th of September, 1621, Jsmes I. granted to Sir William 
 Alexander ^.certain territory, under the name of " Nova Scotia," willi the follow- 
 ing Boundaries: (v) 
 
 " Beginning at Cape Sable, in 43° north latitude, or thereabout, extending 
 thence weslwardly along the Sea shore, to the road commonly called St. Mary's Bay; 
 thence towards the north by a direct line crossing the entrance or mouth of that great 
 ship road, which runs into the eastern tract of land between the territories of the 
 Souriqpois and of the Etchemins, (Bay of Furdy,) to the river commonly called St. 
 Croix, and to the most, remote spring or source, which, from the western part there- 
 of, first mingles itself with the river aforesaid; from thence, by an imaginary di- 
 rect line, which may be conceived to stretch through the land, or to run towards 
 the north, to the nearest road, river or spring emptying itself into the great river de 
 Canada; (River St. Lawrence;) and from thence proceeding eastwardly along the 
 Sea shores of the said river de Canada, to the river, road, port, or shore commonly 
 known and called by the name of Gachepe or Uaspe; and thence south-oastwarclly 
 to the islands called Bacealeos or Cape Breton, leaving these islands on the right, 
 and the Gulf ol tiie said great river de Canada or of the great ship road, and the lands 
 of Newfoundland, with the islands to the same pertaining, on the loft; and thence to 
 the headland or promontory of Cape Breton aforesaid, lying near the latitude of 45 
 degrees, or thereabout; and from the said Promontory of Cape Breton, towards the 
 south and west, to Cape Sable aforesaid, where the pcra:nl)ulaiion began, 
 
 . all which lands aforesaid, shall at ail times iicrealter be called and 
 known by the name of Nova Scotia, or New Scotland, in America." {w) 
 
 The description of the limits of Nova Scotia, in that first charter, which gave the 
 name to the territory, has evidently been the model from which all the subsequent 
 designations of its Boundaries have been borrowed. Although the western Boimdary 
 thereby assigned to Nova Scotia is nearly the same as the eastern Boundary of the 
 
 (u) I)esi);n»tiiig it, in tlie treaty, by the name iiiuler wliich it li»<l lietn known wlivn a <lritibl) I'ro- 
 tinct, utiil not by tliat of M'luiach'iiells, which since the year 17bO, was itH li'pal nami' us u Stale. The 
 territorial riglils relinquished, arr, tlitrerore, tliose within her lli<nn(larie!i wtii Fruvince, unless so farns 
 luch Boundaries were altered by the wonU of the Irtaiy. 
 
 (») Written Kvid^nce, No. tO. 
 
 (w) This grant was confirmed, in the same words, by a subsequent Charter of Cliarles I. dated 13tli 
 July, ie.25. 
 
ir 
 
 United States, as described by the treaty of peace of 1783, they differ in the follow- 
 ing particular:): 
 
 1st The western source of the River St Croix appears to have been intended 
 by Sir William Alexander's Charter; but by the treaty of 1783, the said river, from 
 its mouth to its source, without particularly designating which source, is made the 
 Boundary: and this, as already stated, has been decided to be the river from its mouth 
 to the source of its north branch. 
 
 8nd. The line from the sourc* of the River St. Croix, is, according to the Char- 
 ter, to run towards the north, (versus septentrionem;) by the treaty, it must run due 
 north, or directly north. 
 
 3d. The said line, by the Charter, runs to the nearest river or spring emptying 
 itself into iho River St Lawrence, and by the treaty, to the Highlands dividing the 
 rivers, &c. or, in other words, to the Highlands in which the rivers emptying them- 
 selves into the River St Lawrence have their sources. But, by the treaty, the said 
 north line terminates at the said Highlands or sources, whilst, by the Charier, it ex- 
 tends thence to the banks of the River St Lawrence itself. By the Charter, there- 
 fore, the north-west angle of Nova Scotia was to be found on the bank uf the River St 
 Lawrence; by the treaty it is designated as being on the Highlands. This last differ- 
 ence arose from the acts of the British Government, subsequent to the year 1762, es- 
 tablishing the southern Boundary of the Province of Quebec, which will be hereafter 
 mentioned. 
 
 On the 3d of April, 1639, Charles I. icranted to Ferdinando Gorges, by the name 
 of Province or County of Maine, a territory bounded on the west by Pascataway Har- 
 bor and the River Newichewanocke, (Fiscataqua River,) to the furthest head thereof, 
 extending from Pascataway Harbor, north-eastwards, along the Sea Coast to Sagada* 
 hock, (the River Kennebec below the uoiifluence of the River Androscoggin,) and up 
 the river thereof to Kynybecky River, and, through the same, to the head thereof, 
 &c, {X) 
 
 This grant was purchased in the year 1674, by the Colony of Massachusetts; 
 (y) and although the name of Maine has since been extended to the country, east- 
 wardly, as far as the Boundaries of Nova Scotia, the ancient Province of Maine, ac- 
 cording to the aforesaid original grant, was bounded, on the east, by the River Saga- 
 dahock or Kennebec. 
 
 On the 12th of March, 1663, Charles H. granted to his brother James, Duke of 
 York, " all that part of the main land of New-England, beginning at a certain place 
 called or known by the name of St. Croix, adjoining to New Scotland in America; and 
 from thence extending along the Sea Coast, unto a certain place called Pemaquin or 
 Pemaquid, and soup the River thereof to the furthest head of the same as ittendeth 
 northwards, and extending from thence to the River of Kennebec, and so up, by the 
 shortest course, to the River of Canada, northwards" (2) This last described territory, 
 to which the name of Maine has since extended, is that which, in ancient maps, is 
 called Sagadahock; and it will be perceived that it extended northward to the River 
 St Lawrence. 
 
 Grent Rritain having, by the lOlh article of the treaty of Breda, concluded on the 
 31st of July, l()G7, agreed to restore to France the country called Acadia, situated ia 
 North America, which had formerly been in the most Christian King's possession, 
 (a) the Duke of York obtained from Charles H. a subsequent confirmation of his 
 
 (X) WriUen Evidence, No. U. 
 (y) Written Evidence, No. 11. 
 (i) Written Evidence, No. 12. 
 (a) Written Evidence, No. 7. 
 
IS 
 
 grant, bearing dete the 29th of June, 1674. (A) This second grant or confirmation 
 shews that, in the reslonlion of Acadia, Great Britain did not mean to include any 
 territory west of the St. Croix; and the said confirmation was obviously asked and grant- 
 ed in order to remove any doubts on that suliject. The territory was aftcrwar Is go- 
 verned under the authority of iho Duke of York, (c) and, at his accession to the throne, 
 merged in the crown. 
 
 The three above described territories, Nova Scotia, the ancient Province of 
 Maine, and Sagadahock, or the Duke of York's (irant, were by the last Charter of 
 Massachusetts, granted on the 7th of October, 1691, by William and Mary, annexed 
 to the then Colony of Massachusetts' Bay, as will appear by the following extracts of 
 the said Charter, (d) 
 
 •< We .... will and ordain that the territories and colonies commonly 
 called or known by the names of the Colony of the Massachusetts Bay and Colony of 
 New Plymouth, (these forming the now State of Massachusetts, or Massachusetts 
 Proper,) the Province of Main, the Territory called Accadia or Nova Scotia and all 
 that tract of land lying between the said Territories of Nova Scotia and the said Pro- 
 vince of Main, be united, erected, and incorporated by the 
 
 name of our Province of Massachusetts' Bay, in New England; .... and 
 do give and grant unto our said subjects the inhabitants of our said Province or Terri- 
 tory of the Massachusetts' Bay, and their successors, all that part of New England, in 
 
 Ainerica, and all the lands and hereditaments whatsoever, lying 
 
 within, (here the limits of Massachusetts Proper and of the ancient Province of Maine 
 are described,) and also the lands and hereditaments lying and being in the Country or 
 Territory commonly called Accadia, or Nova Scotia; and all those lands and heredita- 
 ments lying and extending between the said Country or Territory of Nova Scotia, 
 and the said River of Sagadahock. (the Eastern Boundary of ancient Maine,) or any 
 
 part thereof; Provided also that it shall and may be lawful for the 
 
 said Governor and General Assembly, (of the Province erected by this Charter,) to 
 make or pass any grant of lands lying within the bounds of the colonies formerly called 
 the Colonies of the Massachusetts' Bay, and New Plymouth and Province of Maine,, 
 in such manner as heretofore they might have done by virtue of any former Charter or 
 letters patents; which grants of lands within the bounds aforesaid, we do hereby will 
 and ordain to be and continue forever of full force and eflect, without our further ap- 
 probation or consent; and so as, nevertheless, and it is our royal will and pleasure, that 
 no grnit or grants of any lands lyinyi or extending from the River of Sagad.ihock to the 
 Gulf of St. Lawrence and Canada R vers, and to the main Sea northward and east- 
 ward, to bf made or passed by the Governor and General Assembly of our said Pro- 
 vince, be of any force, validity, or effect, until we, our heirs and successors, shall have 
 signified our or their approbation of the same." 
 
 It must be observed that, according to that Charter, both Nova Scotia and the ter- 
 ritory between it and the River Kennebec (or Sagadahock) extended on the north as 
 far as the River St Lawrence: and that grants of land made in either, by the Governor 
 and General A.ssembly of the province, re(|iiired the approbation of the King; so that, 
 in order to be valid, such grants required both his consent and that of the Provincial 
 Government. 
 
 No other reason can be assigned for having thus annexed to the Province of .Mas- 
 sachusetts, .Nova Scotia, or Acadia, which had been restored to France by the treaty 
 of Breda, than the state of war existing between the two countries, in the year 1691, 
 
 (A) Written Evilence, No. 12. 
 {c\ W rittcn Kvid.iice, No. 12. 
 (d) Written Evidence, No. 13. 
 
19 
 
 when Vmt Charter was (granted. Great Brituiii, however, agreed by the treaty at' 
 Ryswick, of 20ih Si jilt iuIjoi, I(i!>7, to rolore lo France ''all countries, islandH, forts, 
 •ml colonics, wheresoever situated, which the French did posseM before the declara- 
 tion of war." (e) Acadia, or Nova Scotia, being clearly embraced by those expres- 
 sions, and being thus severed from the Hrilish Dominions, the clause of the Massa- 
 chusetts' Charter which annexed tlat territory to Massachusetts, was virtually re|)eal- 
 ed, and became a nullity . 'I'ho lUiderslanding of the British Government of the extent 
 of that restitution, will Li; found in the following sentence of a letter from the Lords 
 of the Board of 'I radc, dated 3()ih October, 1700, to the Larl of Bellamont, the Go- 
 vernor of Massachusetts, viz: " As to the Boundaries, we have always insisted, and 
 shall insist, upon the English right, as far as the River St. Croix." (/) 
 
 France having, by the 12ih article of the treaty of Utrecht, of 1713, ceded to 
 Great Britain ••All Nova Scotia or Acadie, with its ancient Boundaries," (^) that 
 Province was not reannexed to Massacliusctts' Bay, from which it had been severed 
 by virtue of the Treaty of Ryswick: hut it was erected by the British Government 
 into a separate Province. Richard Phillips was its first Governor, and he is, in his 
 Commission, dated the Ulh of September, 1719, designated as "Captain General and 
 Governor in Chief in and over our Province of Nova Scotia or Acadie in America," 
 without any description of the limits of the Province. The samn style, and without 
 any designation of its Boundaries, is preserved in the subsequent Commissions of the 
 Governors of Nova Scotia, till the year 17t)J. (A) 
 
 The territory lying lietwcen Nova Scotia and the River Sagadahock (or Kenne- 
 beck) remained a part of Massachusetts' Bay according to its Charter. A question 
 arose, hoxvevcr, some years afterwards, in that respect, which having been referred to 
 the Law OlTicers of the frown, (the Attorney and Solicitor General,! they gave it as 
 their opinion, (dated August 1 Uh, 17;<1,) Th.it all the tract of land lying between tho 
 Rivers of Kenneboc and St Croix, is granted by their Charter to the inhabitants of the 
 said Province; that the rights of Government granted to the said Province extend over 
 this tract of land: That it does not ap|K!ar tl)at the inhabitants of the said Province 
 have been guilty of any such negk-ct or refusal to defend this part of the Country, as 
 can create a forfeiture of that subordinate right of (Jovernment of the same, or of such 
 property in the soil, as was granted to them by the said Charter: That if the Province 
 had incurred any forfeiture in the present case, no advantage could be taken thereof, 
 but by a legal proccecing, by scire f icias to repeal their Charter, or by inquisition find- 
 ing such forfeiture: That the said tract of Country, not having been yielded by the 
 Crown of England to France by any treaty, the conquest thereof by the French ci'eated 
 (according to the Law of Nations) only a suspension of the projierty of the former own- 
 ers, and not an extinguishment of it: and that upon the reconquest of it, by General 
 Nicholson, all the ancient rights, both of the Province and of private persons, subjects 
 of the Grown of Great Britain, diil revive and were restored _/ are />o*/ ////»/«/»'. Whence 
 they conclude that the said Charter still remains in lorce, and that the Crown hath not. 
 power to appoint a particular Governor over this part of the Province, or to assiga 
 lands to persons oesirous to settle there; nor can the Province grant these lands to 
 private proprietors without the approbation of the Crown, according to the Char- 
 ter. (/) 
 
 The questions thus at that time agitated, were presumed, till the year 1763, to 
 have been put at rest by that opinion. In Mitchell's map, published in the year 1755, 
 
 (f) Wrilldi Kviilence, No. 7. 
 (/) WiiUrn Kvidciicf, No. 14. 
 (j() Written F.vlileiice, No. 7. 
 (A) Writtni Kvidfiice, No. 15. 
 (i) Written Evidence, No, 16^. 
 
flO 
 
 the Rirer St. Croix, and • due north line from its source to the River St. Liwroncc, 
 are, accordingly, made the Boundary between Nova Scotin and New England; (*) 
 embracing, under this last designation, the eastern part of Massachusetts, by the name 
 of Sagadahock. Both Nova Scotia and New England are, in that map, published 
 with the approbation of the Board of Trade, bounded to the north by the River St. 
 Lawrence. (/) And that riv.;r continued accordingly, to be the northern Boundary 
 of both, till the 7th of October, 1763; when Canada, and all the possessions claimed 
 by France in that quarter, having, by virtue of the treaty of peace of February, 1763, 
 been definitively ceded by her to Great Britain, (m) His Britannic Majesty issued a 
 proclamation establishing new Governments, and, amongst others, that of Quebec. 
 
 The Boundaries of that Government ware, by the said proclamation, fixed as fol- 
 lows: " Bounded on the Labrador Coast by the River (n) St. John; and from thence, 
 by a line drawn from the head of that river through the Lake St. John, to the soutii 
 end of the Lake Nipissing, from whence the said line, crossing the River St. Law- 
 rence and the Lake Champlain, in forty-five degrees of north latitude, pastses along the 
 Highlands which divide the rivers that empty themselves into the said River St. Law- 
 rence from those which fall into the Sea, and also along the north coast of the Bay des 
 Chaleurs and the coast of the Gulf of St. Lawrence, to Cape Rosiers; and from thence, 
 crossing the mouth of the River St. Lawrence, by the west end of the Island of Anti- 
 costi, terminates at the aforesaid River St. John." (o) 
 
 The highlands therein designatert, being assigned as the southern Boundary of the 
 Province of Quebec, became the northern Boundary of Nova Scotia; the north-west 
 corner of whirh, instead of being, as heretofore, on the bank of the River St. Law- 
 rence, was thereby placed on the said Highlands. 
 
 The Boundaries of the Province of Quebec were enlarged in another quarter by the 
 act of Parliament of 14th Geo. HI Chap. 83. (1774) commonly called the Quebec Act 
 But those adjacent to Nova Scotia and Massachusetts were, by that act, defined in 
 words nearly similar to those used in the proclamation of 1763, viz: 
 
 " That all the Territories, Islands, and Countries in North America, belonging 
 to the Crown of Great Britain, boimded, on the south, by a line from the Bay of 
 Chaleurs along the Highlands which ilivide the rivers that empty themselves into the 
 River St. Lawrence from those which fall into the sea, to a point in forty-five degrees 
 of northern latitude, on the eastern baiik of the river Connecticut, keeping the same 
 latitude directly west through the lake Champlain, until, in the same latitude, it meets 
 
 the River St. Lawrence, from thence, &c be, and they are 
 
 hereby, during his Majesty's pleasure, annexed to, and made part and parcel of the 
 Province of Quebec, as created and established by the said Royal Proclamation, of (he 
 7th of October, 1763." 
 
 '•Provided always, that nothing herein contained, relative to the Boundr.ry of the 
 Province of Quebec, shall, in any wise, affect the Boundaries of any other Colo- 
 ny." ip) 
 
 According to the received doctrine, and which is sustained by the Law Oflicers of 
 the Crown, in their opinion of August Ulh, 1731, the King could not, without pro- 
 
 (A) Nf w Knt^laml is tlie well known ancient generic name of the British Provinccn lying ea»t of New 
 York, and west of Nova Scotia: The old Province of Maine, as well as the tract uf land between it and 
 Nova Scotia, are, by the Charter of Massachns/tts' Bay, declared to be in New Kngland. 
 
 (/j Jeflery's Map of Nova Scotia, publisheil also in 1755, agrees, in that re»[)i-ct, with that of Mitchell, 
 though they appear to ditfer as to the Bt iindary between New England and Nova Scotia. See Topo- 
 graphical Evidence, Printed Maps, No. 4( . 
 
 (,rr.) Written Evidence, No. 7. <-~ ^ 
 
 (n^ Not the River of the s.ime name which falls into the Bay of Fundy, hut the imaller atream already 
 alluded t.>, which, from the north, falls into the mouth of the Hiver St. Lawrence, 
 (o) Written Evi I. nee. No. 17. 
 (j)) Written Evidence, No. 18. 
 
21 
 
 teanof Lnw, and by his mere proclamation of October 7th, 1763, curtail the chartered 
 Doutularics of the Province of Maisachusetts' Bay. Uiit, without discussing that point, 
 it will, for the present, be sufficient to observe, that the proviso in the Quebec Act was 
 not opplicable to Nova Scotia, which was a Royal Province, and the Boundaries of 
 which might, so far as it was alune aiFectcd, be altered at the King's pleasure, but thut, 
 as applied to that part of Massachusetts' Uay which lay east of Kennebec River, 
 its eflbct was to leave or reinstate the river St. Lawrence, as the northern Boundary 
 of that Province. 
 
 The Quebec Act and the Proclamation of 17G3, have a direct bearing on the ques- 
 tion now at issue between the two Governments. But before comparing those two in- 
 struments, one with the other, and both with the treaty of 1783, it will be more con- 
 venient to conclude what remains to be observed in relation to the eastern Boundary 
 of Massachusetts. 
 
 Notwithstanding the confirmation, subsequent to the treaty of Breda, of the grant 
 to the Duke of York; notwithstanding the opinion expressed in the letter from the 
 Board of Trade to the Governor ol Massachusetts, of 30th October, 1700, of the ex- 
 tent of the cession made by the treaty of Ryswick; and notwithstanding the opinion 
 of the Law Officers of the Crown, of August 11th, 1731; the attempt to dispute the 
 right of Massachusetts, at least to the country lying east of Penobscot, was again re- 
 newed immediately after the treaty of peace bstwecn Great Britain and France, of 
 1763. 
 
 The Province of Masaachusetts having made a grant to Governor Bernard, of an 
 Island lying east of the river Penobscot, and which required the cunti'. mation of the 
 Crown, the Board of Trade, in a letter of March 11th, 1763, to the Governor, 
 say: 
 
 •' It may be proper to observe to you, that the doubt conceived upon the claim of 
 the Province of Massachusetts, ii> not founded upon the allegation that the lands to the 
 east of Penobscot, were not in possession of the Crown at the time of granting the 
 Charter, but upon the operation which tke treaties of Ryswick and Breda, (by which 
 treaties, this tract of country was ceded to France,) should be admitted to have had 
 upon the Charter itself. 
 
 •< We cannot take upon us, at present, to say how far all future consideration of this 
 question is precluded by the order of Council, grounded upon the opinion of the At- 
 torney and Solicitor General in 1731; this is a delicate point, which should be reserv- 
 ed till the deed shall come regularly before us; anil, in the mean time, we cannot think 
 it expedient to advise any conditional grant whatever of this Island." (q) 
 
 On the same ground, saving clauses were annexed to the description of the Bounda- 
 ries of the Province of Nuva Scotia, inserted in the Commission of Montague Wilmot 
 as Governor of Nova Scotia, which bears date (he 21st of November, 1763, in the 
 following words, viz: our Province of Nova Scotia, "and which we have thought pro- 
 per to restrain and comprise within the following limits, viz:" 
 
 and to the westward, "although our said Province has anciently extended, and doth 
 of right extend, as far as the River Pentagoet or Penobscot," it shall be bound- 
 ed, &c. (r) 
 
 The object of that attempt is explained in a letter from Jasper Mauduit, agent in 
 Engtand for Massachusetts' Bay, to the General Court of that Province, dated 9th 
 June, 1764. In that letter tlic agent states from authority, confirmed by a subsequent 
 
 (9) WriUen Evidence, No. 19. 
 (r) Thr wordtliere qiiotrtl, arr, liowevcr, omitted in t)l the nubicquent CommiBsion*, including that 
 of John P»iT, (dated 29th July, 1782,) who was (iovemorat the date of the treaty of 1783. The Boun- 
 dariea preicribed are the aame in all tlie Cummiuioiu. See Written Evidence, No. 1.^. 
 G 
 
22 
 
 interview with Lord IFillBbornugh, that IT the Province will pass an net ompcwcrinfi; 
 their agent to cedo to the Crown all pretence of right or title, they may claim nndor 
 .leir Charter, to tha lands on the River St. Lawrence, destined by the Uoyal Procla- 
 mation to form part of the Government of Quebec, the Crown will then waive all 
 further dispute concerning the land a» fur as St. Croix, and from the Sea Coast of tho 
 Bay of Fundy, to the Dounds of the Province of Quebec: reserving only to itself tho 
 right of approbation, as before." (*) 
 
 Mr. Mauduit urges an acquiescence with that proposal, principally on the ground 
 that the narrow tract of land which lay beyond tho sources of all the Uivcrs of Massa- 
 chusetts, and was watered by those which run into the River St. Lawrence, could 
 not ho an object of any great consequence to Massachusetts; though it was abso- 
 hitely necessary to the Crown, to preserve the continuity of the Government of 
 Quebec. 
 
 It is not at all necessary, or intended to discuss, at this time, the respective rights 
 or pretensions of the parties on a subject which has been definitively settled. Uut it 
 must be observed, that as, according to the Charter ol Massachusetts' Hay, her terri- 
 tory was acknowledged toextend from tho RiverSagadahock (or Kennebec) to the River 
 and to the Gulf of St. Lawrence, only, northward and eastward, the narrow tract of 
 land, watered by iheri vers runninginto the River St. Lawrence, embraced by the Charter, 
 and which was necessary to the Crown, could not lie westward, but lay due north of 
 the territory between Kennebec and St. Croix. That narrow tract, which extends 
 along the banks of the St. Lawrence, from the River Quelle to the River Metis, or 
 thereabout, was not wanted by the Crown, in order to establish a communiratiun be- 
 tween Canada and Nova Scotia, but to preserve that of Quebec with the District of 
 Gaspe, and thereby the continuity of the Government of Quebec. And as this object 
 was to be eflected by obtaining the assent of Massachusetts to the Boundary prescrib- 
 ed by the Proclamation of 1763, it necessarily follows, that the Highlands contempla- 
 ted by the Proclamation as forming tho southern Boundary of the new province of 
 Quebec, lay, not only west of the Sagadahock, but north of the territory lying between 
 that riyer and the St. Croix. 
 
 Although the public attention was, at that time, diverted from that subject by the 
 events of much greater importance, which terminated in a dissolution of the connec- 
 tion between the two countries, tlie final adjustment was precisely that which had 
 been suggested in Mr. Mauduit's communication. By the treaty of 1783, the British 
 Government abandoned its pretensions to any territory lying west of the River St. 
 Croix, and the United States ceded that tract of land, included within the Chartered 
 Boundaries of Massachusetts which is watered by the rivers that fall into the River St. 
 Lawrence. 
 
 §3 
 
 TAe Ancient Boundaries confirmed by the Treaty. 
 
 The line agreed on by the treaty of 1783, so farasit is the common Boundary be- 
 t\veen Nova Scotia and Massachusetts, is a conclusive proof of the intuiUions of thc- 
 Contracting Parties. It has already been shewn that the intention on the part of the 
 United States, was to establish the chartered Boundaries of Massachusetts, and that 
 their Ministers had ultir.iatcly agreed in the opinion that the river SL Croix was that 
 
 — ^— ^"^—^^ ■ I ■ - ■ ^^^B— ^^M^— ■ ■ ,m - I ■■.! ■■! ■ ■■■-■■I 11 iWM -I *■■!■- 
 
 (<) Written Evidence, No. iO. 
 
99 
 
 nuundary. On the part of Great Hritain, the iitlcntloii i* still more completely cstaii- 
 lishcd, since the ilescription of the treaty lioundary is there evidently Imrrowed, al- 
 inoAt verbatim, from that whirh, lor the twenty prenc 'ing years, had liccn assigned 
 by the Britiiih (lovernment to Nora Scotia. The limits thus prescribed for that prp- 
 vince, are as follows, viz: 
 
 ' ■ Ituunded on the westward i)y a line drawn from Cupu Sable across the entrance 
 of Ihe Day of Fundy, to the month of the Itivcr St, Croix, by the said river to its 
 source, and by u line drawn due north from thence to the southern lioundary of our 
 Colony of Quebec, to Ihe northward by the said Boundary, us f.ir as the western ex- 
 tremity of the Bay dcs Chiileurs, to the eastward by the said Bay and the Gulf of St. 
 Lawrence, to the Cape or Promontory called Capo Breton, in the island of that name, 
 
 including, &.C and to the southward by the Atlantic Ocean, 
 
 from the said Ca|>e to Cape Sable aforesaid, including,'' &c. {t) 
 
 The Uivcr St. Croix, from its mouth to its source, is declared by the treaty to be 
 the eastern Boundary of the United Slates; and it had, for twenty years, been tho 
 legal western Boundary of the Bi itish Province of Nova Scotia, 
 
 From the sourceof that river, the eastern Boundary of the Lnited States is declared, 
 by the treaty, to be a due north line to the Highlands which divide the rivers that 
 fall into the Atlantic Ocean, from those which fall into the river St. Lawrence. 
 
 The western Boundary of Nova Scotia, had, since November, 17(i3, been a line 
 drawn due north from that source, to the Southern Boundary of the Colony, (Govern- 
 mentor Province,) of Quebec. And the southern Boundary of this Province, had, 
 since October, 1763, been, by the King's proclamation, declared, and, at the date of 
 the treaty of 1783, (u) continued to be " the Highlands which divide the rivers that 
 empty themselves into the suid river St, Lawrence, from those which fall into the 
 Sea." 
 
 The north-west angle of Nova Scotia, which is necessarily formed by the intersec- 
 tion of the western and northern Boundaries of that province, had, therefore, been de- 
 clared by His Britannic Msjesty, as early as the year 1703, and continued, at the dato 
 of the treaty of 1783, to be formed by the intersection of a line drawn due north from 
 thtsourceof the river St Croix, with the Highlands which divide the rivers that emp- 
 ty Ihemsolves into the said Uiver Si. Lawrence, from those which fall into the 
 Sea. 
 
 It could have been only in reference to that angle, tbusprccbely described, that the 
 north-west angle of Nova Scotia was at all mentioned in '.he treaty of 1783. Unless 
 this had been the object, the description would have been us com])lctc without as with 
 the mention of that angle. Whether the place of beginning was,or was not the nurlh- 
 wcst angle of Nova Scotia, was, nnless for the sake of reference to a point previously 
 designated, wholly foreign to the object of the treaty. 
 
 The western Boundary of Nova Scotia being, ut the same time, the eastern Bounda- 
 ry of the United States, and one which had been a subject of contest, came within the 
 scope of the treaty. It was, therefore, necessary to define it with precision; and, 
 adopting the Boundary already assigned by the King to the province of Nova Scotia, 
 
 (/) John Parr's coinmlmion, ilatcd 29tli July, 17KJ, which compare v.ith Montague Wilmol's of 21»t 
 November, 176J, and the intervening Commissiuna. It is worthy of notice that John Parr's Commission 
 bears date only four month* prior to the preliminary articles of November 3Uth, 178:3, and of course wu 
 granted pending the nt^|;otiations for peace. Written Kvidencc, Nu. 13. 
 
 (u) See the cummisiions of the several Governors of Quebec, James Murray, in 1763; Guy Csrleton, 
 in 17(38, and December, 1774| and Frederick liahlimand, in 1778. In the two first, the descriptive 
 words of the BountUry are taken from tlia I'rocliunatiun of 1763| and in the two last, from tbc (Quebec 
 Act. See Written Evidence, No. 31. 
 
24 
 
 the eastern Boundary of the United States was declared in the treaty to be the river 
 St. Croix, and in a line drawn due north from its source. But the northern Boun- 
 dary of Nova Scotia, the other line which formed the north-west angle of that Pro- 
 vince, was not one of the Boundaries of the United Stales. It was the Boundary 
 between Nova Scotia and the other dominions of Great Britain in that quaitvr; a 
 Boundary which depended on the acts of Great Britain alone, which it could not be 
 the object of the treaty to determine, and to which no allusion could have been made, 
 but for the express purpose of referring to a line previously determined, and the posi- 
 tion of which was sufficiently understood, although the interior of the country had not 
 been explored. 
 
 Had not that been the object — had not the north-west angle of Nova Scotia been 
 a point already prescribed, and, as such, understood by both parties, no reference 
 would have been made to it in the treaty, since the description of the Boundary would, 
 without it, have been as complete and intelligible by defining it as follows, viz: 
 " East by a line to be drawn along the middle of the River St Croix, from its mouth, 
 in the Bay of Fundy, to its source; and from its source, directly north, to the afore- 
 said Highlands, which divide the rivers that fall into the Atlantic Ocean from those 
 which fall into the River St. Lawrence; and thence, along the said Highlands which 
 divide, &c. to the north-westernmost head of Connecticut River." 
 
 The only object, therefore, which could have been had in view, in mentioning the 
 north-west angle of Nova Scotia, in the treaty, was, and the necessary effect of having 
 thus inserted those words, is, to identify the Highlands described and contemplated 
 by the proclamation of 1763, and the Quebec Act of 1774, as the southern Boundary 
 of the Province of Quebec, with the Highlands contemplated and declared by the 
 treaty of 1783, as forming, on the north, the said north-west angle of Nova Scotia, and 
 being thence the Boundary of the United States, to the north-westernmost head of Con- 
 necticut River. 
 
 Further proofs, if such indeed are necessary, may be found in other parts of the 
 proclamation of 1763, and in the Quebec Act of 1774, of the intentions of the framers 
 of the treaty of 1783; and that they kept constantly those two instruments in view, 
 whenever they were applicable or did not relate to an object which was strenuously 
 contested. 
 
 This last exceptic i applies only to that part of the Quebec Act, which annexed 
 to the Province of that name, the whole country lying between Pennsylvania and the 
 Mississippi, as far south as the River Ohio. This had been and was considered, on 
 tiie part of the United States, as an encroachment on the Charters and territorial 
 rights of Virginia and other Colonies, (v) It had been provided, in the act itoelf, 
 that nothing therein contained should, in any wise, affect the Boundaries of any other 
 Colony; and the great Lukes, from Lake Erie to that of the Woods, were ultimately 
 agreed on by the treaty of 1783, as the Boundary between the dominions of the two 
 Powers in that quarter. The Missi!>sippi, which, by the treaty, was declared to be 
 the western Boundary of the United States, was not a Boundary with Great Britain, 
 but with the Dominions of Spain. 
 
 In every other respect the treaty Boundary accords with that of the Quebec Act, 
 or of the Proclamation. From Connecticut River to Lake Erie, it is the same as 
 the southern Boundary of the Province of Quebec in the Quebec Act, substiluting 
 the middle of the River St. Lawrence (or Iroquois,) to its eastern bank. From the 
 River Mississippi, in the latitude of 31 degrees north of the equator, the southern 
 Boundary of the United States is declared, by the treaty, to be a line to be drawn 
 
 (r) Sff Secret Journals orconprr§s, Vol. 3 Reportof a Committee, mule on the 16lh Augutt, 178?, 
 page 161, kod following. Written Kvidence, No. 8. 
 
25 
 
 thcnco due east, to the middle of the River Apalachicoia or Catahouche ; thence 
 along the middle thereof, to its junction with the Flint River ; thence straight to tho 
 head of 8t. Mary's River, and thence down along tho middle of St. Mary's River, to 
 the Atlantic Ocean. Tha* Boundary is precisely the same with that which, by the 
 Proclamation of 1763, had been assigned as the Northern Boundary of Florida, and 
 is described therein as follows, viz. 
 
 " Tho Government of West Florida, bounded 
 
 to the northward by a line drawn east from that part of the River Mississippi which, 
 lies in 31 degrees north latitude, to the River Apalachicoia, or Catahouchee." 
 
 "The Government of East Florida, bounded to the westward by the .... 
 
 Apalachicoia River ; to the northward, by a line drawn from that part 
 
 of the said river where the Catahouchee and Flint Rivers meet, to the source of 
 St. Mary's River, and by tho course of the said river, to the Atlantic Ocean." (k») 
 
 The variations between the three instruments, so far as they may affect the 
 part of the Boundary now under consideration, remain to be examined. 
 
 The description of the Boundary line formed by the Highlands, and thence to the 
 river Iroquois or St. Lawrence, is respectively expressed in the following words, yiz : 
 
 Prociamatinn of 1703. 
 
 The line crossing the 
 Rircr St. Lawrence and the 
 Lake Chnmplain, in 45 de- 
 grees of north latitude, pas- 
 ses along the Highland.s 
 which divide the rivers that 
 empty themsolvos into the 
 said River St. Lawrence, 
 from those which fall into 
 the Sea ; and, also, along 
 the north coast of tho Bay 
 des Chalcurs. 
 
 Quebec ^icl of m4. 
 
 A line from the Bay of 
 Chaleurs, along the High- 
 lands which divide fherivers 
 that empty themselves into 
 the River St. Lawrence 
 from those which fall into 
 the Sea, to a point in 45 de- 
 grees of north latitude, on 
 the eastern bank of the 
 River Connecticut, keeping 
 tho same latitude directly 
 west through the Lake 
 Champlain, until, in the 
 same latitude, it meets the 
 River St Lawrence, &c. 
 
 Treat!/ of 1783. 
 
 From (he north-west angle 
 of Nova Scotia, viz : That 
 angle which is formed by 
 a line drawn due north from 
 the source of tho St. Croix 
 river to the Highlands, 
 along the said Highlands 
 which divide those rivers 
 that empty themselves into 
 the river St Lawrence from 
 those which fall into the 
 Atlantic Ocean, to the 
 north-westernmost head of 
 Connecticut River ; thence 
 down along the middle of 
 that River to the 45 degree 
 of north latitude ; from 
 thence, by a line due west, 
 on said latitude, until it 
 strikes the river Iroquois 
 or Cataraquy, &c. 
 
 The portion of the Boundary of the Province of Quebec, along the Bay des 
 Chaleurs, and thence as far west as Nova Scotia extended, is no part of the Boun- 
 dary of the United States. It is referred to in tho treaty, only as forming the north- 
 west angle of Nova Scotia, and not otherwise described than by the general expres- 
 sion of " Highlands dividing the rivers," &c. The description af the Boundary of 
 the United States could only begin, and commences accordingly, at the north-west 
 angle of Nova Scot'a. 
 
 The rivers intended to be divided, or contra-distinguished, from those emptying 
 themselves into the River St Lawrence, are defined, in the Proclamation of 1703, 
 and in the Quebec Act, as falling into the Sea ; and, in the treaty, as falling into the 
 Atlantic Ocean. 
 
 Tho word " Sea" is more comprehensive than the words " Atlantic Ocean," not 
 as including Bays or Gulfs, which arc parts of the said Ocean, but because it also 
 
 (U') Hence t)u' rercrcnce to Eait Klurida in the lilt sentence of the treaty, tliuugh the name of that. 
 I'roviiicc had not been prevlouily mcntiooed. 
 7 
 
36 
 
 embraces the Pacific, Indian Oceans, and other great subdivisions which are no part 
 of the Atlantic. And as none of those great subdivisions of the Sea, save the Atlantic 
 Ocean, has any connexion with the subject matter of the Proclamation, of the 
 Quebec Act, or of the Treaty ; as no other but the Atlantic lies adjacent to the 
 Countries designated in those three instruments, the words " Sea" and " Atlantic 
 Ocean" arc used there in the same s.nse. 
 
 Indeed, since it has been demonstrated that the Highlands contemplated and de- 
 scribed by the Proclamation of 1763, and by the Quebec Act, viz : the Highlands 
 which divide the rivers that empty themselves into the River St. Lawrence from 
 those which fall into the Sea, are the identical Highlands contemplated and 
 described in the treaty of 1783, viz : the Highlands which divide those rivers that 
 empty themselves into the River St. Lawrence from those which fall into the 
 Atlantic Ocean, it necessarily follows that the words "Atlantic Ocean" in the 
 treaty, have precisely the same meaning with the word <> Sea" in the Proclamation 
 and in the Quebec Act. 
 
 And whit will altogether remove any possible doubt, in that respect, is that the 
 two expressions are used as synonymous in the Proclamation itself, and that, too, 
 with respect to rivers falling into the Sea or Atlantic Ocean. 
 
 One of the provisions of the Proclamation declares it to be the Royal will, that 
 '< No Governor, &c. of our other Colonies or Plantations in America, &c. do pre- 
 sume, &c. to grant warrants of survey, or pass patents for any lands beyond tha 
 heads or sources of any of the rivers which fall into the Jlilantic Ocean from the west 
 or north-west," &c. And the Proclamation then proceeds to declare that the King 
 does reserve under his sovereignty and dominion, for the use of the Indians, " all the 
 lands and territories lying to the westward of the sources of the rivers which fall 
 into the Sea from the west and north-west as aforesaid" &c. 
 
 There is, however, between the three instruments, a difference which, in one 
 particular, alters the boundary and rc(viire3 to bo explained. 
 
 According to the Proclamation, ilif line, after crossing Lake Champlain, in 45 
 degrees of north latitude, passes along the Highlands which divide the rivers, &c. 
 The line, therefore, in order to divide from Lake Champlain, eastward, all the rivers 
 intended to be divided, would have proceeded due east, to the first source of any of 
 the tributary streams of Connecticut River, and would then have passed along the 
 Highlands, so as to leave all the branches of that river on the right hand, and thus 
 divide them from the rivers falling into the River St. Lawrence. 
 
 The River Connecticut having, by an order in council of the year 1764, {x) 
 been declared to be the Boundary between the Provinces of New York and New 
 Hampshire, as far north as the \5\\\ degree of north latitude, that parallel, from the 
 Connecticut to the St. Lawrence, was agreed on as the Uoundary Line between the 
 Provinces of New York and Quebec. That agreement having been confirmed by an 
 Order in Council of lath August, 1768, (y) the southern Boundary of the Province 
 of Quebec was, by the Act of 1774, declared to be, from east to west, along the 
 Highlands which divide the rivers, &.c. to a point in 45 degrees of north latitude, on 
 the eastern bank of the River Connecticut, and thence, along that parallel, to the 
 River St Lawrence. 
 
 There was a defect in that description. Highlands dividing rivers flowing in 
 opposite directions, could not strike one of those rivers, tiie Connecticut, at a point 
 below its sources. The line, if definetl only as dividing such rivers, must stop at 
 their sources. There was, therefore, a chasm between those sources; between the 
 
 (*) Written Evidence, No. '22. 
 (y) Written Evidcnco, No, 2fi. 
 
27 
 
 Highlands and the point in 45 degrees of north latitude, on the eastern bank of 
 Connecticut River, described in the Quebec Act. 
 
 This defect is provided for in the treaty, by declaring that the''line along the 
 dividing Highlands shall extend only to the north-westernmost head (or source) of the 
 River Connecticut, and that the Boundary shall thence be down along the middle of 
 that river, to the 45th degree of north latitude. 
 
 It may be here observed that this alteration aflfords another proof, that the essen- 
 tial part of the description of the Boundary consists in that the line shall divide the 
 rivers so as to pass between their sources, and without crossing in any instance any 
 river or branch thereof. The country, between the sources of the Connecticut River, 
 and the place where that river crosses the 45th degree of north latitude, might be 
 generally as mountainous, and as elevated as the dividing Highlands meant by the 
 treaty, but it was no part of those Highlands, because it did not divide the rivers 
 emptying themselves into the River St. Lawrence from any other river. From 
 the point where the line ceased to be on the Highlands in which the rivers falling 
 into the St. Lawrence take their sources, it ceased to be on the Highlnuds described 
 by the treaty ; and it became necessary, in order to prevent a chasm in the peram- 
 bulation, to define, by a distinct provision, how the line was to proceed from that 
 point, from the Highlands of the treaty to the point in the 45th degree of latitude, 
 on the bank of the River Connecticut. 
 
 It has been clearly shewn, from the progress of the negotiations, from the 
 various emphatic expressions and references to be found in the treaty, and from the 
 coincidence of the Boundaries therein designated with those of the former and 
 remaining British Provinces, that the avowed intention of the framers of the treaty of 
 1783 was, at least in relation to that now under consideration, to confirm ancient and 
 known, and not to establish new Boundaries ; and that, with respect both to the north- 
 west angle of Nova Scotia, and to the Highlands dividing certain rivers, they had 
 specially in view the Charter of Massachusetts, the Proclamation of 1763, and the 
 Quebec Act of 1774, (by which the southern Boundaries of the Province of Quebec 
 had been defined,) and the legal limits assigned to Nova Scotia by the Commissions 
 of the Governors of that Province. It is impossible to deny the identity, cither of 
 the north-west angle, and of the western Boundary of Nova Scotia, as established by 
 those Commissions, with the same angle as mentioned in, and with the eastern 
 Boundary of the United States as designated by, the treaty ; or of the Highlands 
 prescribed by the Proclamation of 17G3, and by the Quebec Act, as the southern 
 Boundary of the Province of Quebec, with the Highlands, which, in conformity 
 with the treaty of 1783, and with the commsssions aforesaid, form the northern 
 Boundary both of the United States, in that quarter, and of Nova Scotia. 
 
 §4. 
 
 Coincidence q/' the %9merican Line with the %incienl established Boundaries. 
 
 This real intention of the parties to the treaty of 1783 being thus m.ndc appa- 
 rent, and manifestly flowing from the treaty itself, is alone suflicicat to dissipate 
 those arguments by which it has been, and may still he, attempted to substitute, 
 to the clear and explicit expressions of the treaty, certain presumed intentions, 
 gratuitously ascril)cd to the negotiators, and for which no pretence can be found in 
 any of the provisions of the treaty. This is not one of the least reasons why it has 
 been deemed necessary to establish beyond doubt, what were their true intentions. 
 
 But if it he permitted to seek for those intentions elsewhere than in the lan- 
 I'.agu of the treaty, it also follows that they must be t'ound, not in the relative: 
 
28 
 
 situation of the Contracting Powers, in the year 1783, when the ancient line was 
 confirmed, but in the object whicli the British Government must have had in view, 
 in the year 1763, when the southern Boundary of the Province of Quebec, such as it 
 was confirmed by the treaty of 1783, such as it still continues to be to this day, was 
 first established. 
 
 The sole object of the Proclamation of 1763, is, in that respect, what it professes 
 to be, viz : to provide generally for the government of the valuable acquisitions 
 secured to Great Britain by the late treaty with France, and specially for that of 
 Canada, by assigning proper Boundaries to the Province of Quebec, which is erected 
 with that view. Nothing more was necessary for that purpose than to include 
 within those limits, the French inhabitants known to have been, till the conquest of 
 Canada, under its Government. It was sufficient, in order to effect that object, to 
 include within the new Province the whole Country below Quebec, and nothing more 
 than the country which is watered by the tributary streams of the River St. Lawrence, 
 or what Geographers call the basin of that river. The Ridge, or by whatever other 
 name called, in which those tributary streams have their sources, was not only a 
 natural, but the most natural Boundary which presented itself. By deviating from 
 its eastern extremity, so as to make the Bay des Chaleurs the Boundary in that 
 quarter, and thereby embrace the Gaspe settlements, all the French inhabitants were 
 included. This was the only purpose that could then have been intended. The 
 communication between Quebec and Nova Scotia, by the means of the River St. 
 John, was wholly foreign to the determination of the Boundaries of the new Govern- 
 ment, since, in the year 1763, when Massachusetts was part of the British Empire, 
 it was quite immaterial to Great BriUin through which of her Provinces such com- 
 munication should pass. 
 
 Viewing thus the dividing ridge, in reference to the Boundaries of Canada, and 
 to the River St. Lawrence, another reason why it was designated by the name of 
 Highlands suggests itself, which is independent of the propriety of that appellation, 
 cither as a general term applicable to any ground which divides rivers, or as a techni- 
 cal expression used in Canada and New England for that special purpose, and as 
 synonymous with " height of land" and " hauteur de terre." (z) 
 
 The distance from the mouth of the river St. John to the sources of those of 
 its tributary streams which flow from the said ridge, is more than 300 miles in a 
 straight line. From a short distance below Quebec to its eastern extremity, the ridge 
 is rarely more than 20, and, in some places, not above 15 miles distiince from the 
 River St. Lawrence. la ascending the River St John from its mouth to its sources, the 
 country becoming gradually more and more elevated, the relative and apparent elevation 
 of the ridge lessens in proportion as it is approached. When seen from some places 
 on the upper branches of the St. John, it may, perhaps, occasionally appear not much 
 higher than the adjacent country; whilst, on account of its rapid descent toward.s the 
 River St. Lawrence, its whole elevation and mountainous aspect may be scon I'roin 
 vessels sailing on that river. Attracting their notice, it is highly probable that ac- 
 cording to the general practice of navigators in similar cases, it received from thcin 
 the name of Highlands, which they so uniformly give, without rcft>rcnrc to absolute 
 elevation, to the land first seen from the sea, or often seen alone, when sailing along a 
 shore which ia comparatively low, and may yet reman invisible, (a) 
 
 (7) See H'Kenzie, Henry, Douchette, Pownall and printed maps— passim, 
 (a) Mount St. Francis, which at the (iranil Portage divides the livers, and it a part of the ridge, is 
 1037 feet above the level of the Sea, according to Captain I'atridge's barometrical ob8er»'ations. Sup- 
 posing this t* be the average elevation of the ridge, as far eastward a. the source of the Hiver Metis, it 
 inuat be a coi...picuous object and have the appearance of n continuons chain, wbi-n viewed from the 
 river St. Lawrence, but at the sources of the Chaudiere unduf tlie Metis the ridge is still more elevated 
 
2^ 
 
 Rut it is not to probabilities and conjectures that tiie United States are compelled 
 to resort in order to sustiiin their case. The identity of the Highlands, contemplat- 
 ed by anterior authentic acts, emanating from tlie British Government, with the High- 
 lands described by the treaty of 17S3, having been conclusively established, if it can 
 be shewn that the Highlands described by those British Acts, must necessarily have 
 been intended, and were universally understood, to be the identical Highlands now 
 contended for by the United States as their Boundary, under the treaty of 1733, the 
 claim of the United States will be established beyond contradiction, and every doubt 
 in relation to the Highlands intended, be removed. 
 
 The situation and direction of the intended Highlands are determined, so as to 
 admit of no doubt, by the mention made of the Bay dcs Chalcurs, in those several 
 acts of the British Government. 
 
 According to the I'roclamation of 1763, the line paases along the Highlands which 
 divide the rivers, &c. and also along the north coast of the Bay des Chaleurs. 
 
 By the Quebec Act of 1774, the Province of that name is bounded on the south, 
 by a line from the Bay of Chaleurs along the Highlands which divide the rivers, &c. 
 to the Connecticut River. 
 
 In conformity with the commissions of the Governors of Nova Scotia, from the 
 year 1763 to the date of the treaty of 1783, that province is bounded to the north- 
 ward, by the southern Boundary of the Colony or Province of Quebec, as far as the 
 western extremity of the Bay des Chaleurs; and to the eastward, by the said Bay and 
 the Gulf of St. Lawrence. 
 
 A straight line drawn on Mitchells' map, from the western extremity of Bay des 
 Chalcurs to the sources of t.he Connecticut River, is nearly parallel to the course of 
 the River St. Lawrence; aii>l, ihoiigh cutting off some of the sources of the Ristigou- 
 che and of the St. John, almusi coincides with the dividing Highlands. A mere in- 
 spection of that map will satisfy every impartial observer that the mention of the Bay 
 dcs Chaleurs determines the course and situation of the Highlands; that, within a few 
 miles from the western extremity of that Bay, the Highlands, in which the Rivers 
 emptying themselves into the St. Lawrence, have their sources, are reached; and that 
 the southern Boundary of the Piovince of Quebec, was clearly intended to extend 
 thence along those Highlands whirh divide the tributary streams of the River St. 
 Lawrence, from the sources of the rivers that fall into the Gulf of St. Lawrence, of 
 the St. John, of the Penobscot, of the Kennebec, and of the Androscoggin, to the 
 Connecticut River. 
 
 If, on the contrary, the su|)i)i;sition ia admitted that the southern Boundary of the 
 Province of Quebec was intended to pass south of the River St. John, so as to form, 
 at its intersection witli the line drawn due north I'rom the River St. Croix, the north- 
 west angle of Nova Si'otia, the contemplated Boundary along the Highlands must 
 have extended from that anj^le to the Bay des Ch.deurs. On that supposition, the 
 IJuundary line, instead of dividing any rivers from other rivers, and of bcini; along 
 any Highlands, whatever, must, from the western extremity of the Bay des Chalcurs, 
 Ikivc crossed all the rivers that empty into the Gulf of St. Lawience and the main 
 St. John River, to some point south o( that river, on the line drawn due north from 
 the source of the River St. Croix: .\nd it would thence iiave exti:ndL'd to the source 
 of the River Chaudiere, which falls into the River St. LawriMice, without dividing 
 lui) other rivers tlian the tributary streams of the River St. John from sonic other 
 branches of the same river, and from the waters of the Penobscot and of the Ken- 
 nebec. 
 
 The distance from the western extremity of the Bay des Chalcurs to the nearest 
 source of the Chaudiere, is, by Mitchell's map, about 'J.'iO miles, and from th:it sourre 
 of the River Chaudiere, to the River Connecticut, about DO miles. To say, therefore. 
 
 a 
 
30 
 
 that the southern Boundary of the Proyince of Quebec was intended, according to the 
 Acts of the British Government, to run in the manner and direction last stated, im- 
 plies the monstrous supposition, that that Government, in designating the said south- 
 ern Boundary, adopted a definition wholly inapplicable to near three-fourths of the 
 Boundary which they intended to prescribe, (b) 
 
 Such a supposition was too repugnant to common sense to be adopted at a time 
 when there was no motive to deviate from the obvious meaning of the Proclamation 
 of 1763, and of the other acts of the British Government. It was, therefore, the 
 universal understanding, as late, at least, as the year 1783, that the Southern Boundary 
 of the Province of Quebec was along, and no further south than the Highlands in 
 which the tributary streams of the River St. Lawrence have their sources, and which 
 divide those streams from the upper branches of either the rivers that fall into the 
 Gulf of St. Lawrence, the river St. John, or any of the other rivers that fall into the 
 Atlantic Ocean, to the Connecticut River. 
 
 The maps published since the treaty of 1783 may bear the marks of partiality, and 
 have been modified in conformity with the pretensions of either party. No such bias 
 could afiiect those that were pubiiihed in Great Britain between the years 1763 and 
 1783. There was no motive that could influence Geographers to deviate from the 
 true and obvious meaning of the acts of Great Britain which had established the 
 Boundaries of her new and old Provinces. A solitary map, even though belonging 
 to that epoch, contradicted, perhaps, by others, would be no authority. But if all the 
 maps published in England, during that period, and in which the Boundaries of the 
 Province of Quebec, as established by the acts of Great Britain, are delineated, (c) 
 do agree in that respect, it will be a conclusive proof that the meaning of the acts, in 
 reference to that Boundary, was so clear and obvious that they were universally un- 
 derstood in the same manner. 
 
 All the maps of that period, on which the southern Boundary of the province of 
 Quebec is laid down, and which, after a diligent search, both in England and America, 
 have been obtained, accompany this Statement, (d) Some maps may have escaped 
 notice, but not a single one has been omitted that has come within the knowledge of 
 the American Government. 
 
 The maps thus collected are the following, viz: 
 No. 1. T. Kitchen's British Dominions in North America, &c. engraved for Dods- 
 ley's Annual Register of 1763. 
 
 2. T. Kitchen's British Dominions in North America, &c. engraved for Captain 
 John Knox's History of the War in America, and annexed to his Histori- 
 cal Journal of the Campaigns in North America. London, 1769. 
 
 ■i. British Empire in North America, &c. annexed to Wynn's History of the 
 British Empire, &c. London, 1770. 
 
 t. J. Palairet's North America, with Improvements, &c. by Delarochettc. Lon- 
 don, 17C5. 
 
 .'■>. J. Ridge's British Dominions in North America, &c. annexed to a complete 
 History of the late War, &c. Dublin, 1766. 
 
 (6) Let it alio be observed th«f Uie north-west angle of Nova Scotia must have necessarily been under- 
 stood to be north of the main River St. Johnj since the westein extremity of the Bay dcs Chaleurs, 
 being mure noitli-west than any point soiilli of tliat river on the due north line from '.he source of the 
 River St. Croix, would have been the north-west angle of Nova Scotia, had the southern Uoundary of the 
 Province of Quebec extended from the said western extremity to any point south of the main river St. 
 John. 
 
 (c) This Uoundary having been established only in 1763, could not be exhibited, and does not appear, 
 in Mitciiell's Hap which was published in 1755. 
 
 ((/) Topographical Evidence, Printed Maps. 
 
31 
 
 6. North and South America, by the American Traveller, annexed to the "Ame- 
 
 rican Traveller," &c. London, 1769. 
 
 7. North America and West Indies, with the opposite Coasts, &c. London, 1775. 
 
 (Jeffery's Atlas.) 
 
 8. North America improved from D'Anville, with divisons by P. Bell, engraved 
 
 by R. W. Scale.— London, 1771. 
 
 9. P. Bell's British Dominions in North America, &c. 1772, annexed to <■ His- 
 
 tory of British Dominions in North America, &c. in fourteen books."— 
 London, 1773. 
 
 10. S. Dunn's British Empire in North America. — London, 1774. — (Jeffery's 
 
 Atlas.) 
 
 11. D'Anvill's North America, improved with English Surveys, &c. — Lon- 
 
 don, 1775. — (Jeffery's Atlas.) 
 
 12. E. Bowen and J. Gibson's North America, &c. — London, 1775. — (Two 
 
 sheets, Jeffery's Atlas.) 
 
 13. Sayer and Bennett's Province of Quebec, &c. — London, 1776. — (Jeffery's 
 
 Atlas.) 
 
 14. Seat of War in the Northern Colonies, &c. — London, 1776, annexed to the 
 
 American Military Pocket Atlas. 
 
 15. North America, &c. corrected from the materials of Governor Pownall, 
 
 M. P.— London, 1777.— (Jeffery's Atlas.) 
 
 16. Continent of America, &c. corrected from the materials of Governor Pow- 
 
 nall. — London, 1777. 
 
 17. W. Faden's British Colonies in North America, 1777. 
 
 18. North America from the latest discoveries, 1778; engraved for "Carver's 
 
 Travels."— London, 1778 and 1781. 
 
 47. T Jeffery's Nova Scotia, &c. — London, 1775. (e) 
 
 The identity of the Highlands which form the southern Boundary of the Province 
 of Quebec, with those which are claimed by the United States as their Boundary, will 
 appear evident on the first inspection of those maps. It strengthens the proofs derived 
 from them, that many differ from each other in several irrelevant particulars. 
 
 The River Penobscot is laid down, in some, as the western Boundary of Nova 
 Scotia; in others, where the river called St Croix is made the Boundary, the name 
 is given to different rivers, to those now known as the Magaguadavic, theScoodic, and 
 theCobscook. The course of the line drawn from the source of the St. Croix to the 
 Highlands, is not the same in all, being generally due north, but, in some, west of 
 north; and, in one instance, a crooked in.stead of a straight line. 
 
 That lire, in most of the map.-), crosses no other waters but those of the river 
 St John, and its tributary streams; (/) while, in others, it also crosses some upper 
 branches of rivers that empty themselves into the Gulf of St. Lawrence. The Boun- 
 dary from that line ea.stward, in some of the maps, rcache.^ the Bay des Chaleurs, by 
 passing north of, and leaving on the right, the river Ristigouchc: in others, it extends 
 along thedivuiing ridge, to the source of that river, which is represented as a short 
 stream, and then down the same to the Bay. 
 
 But, in every instance, the course of the line from the source of the River St. 
 Croix is northward; in every instance, that line crosses the River St John, and termin- 
 ates at the Highlands in which the rivers that fall into the river St. Lawrence have 
 
 (r) This tniip is the same with No. 46. with the dlfierence only of the boundaries of the several Tro- 
 viiices which, in No. 47, arc laid down, according to Uie Geographer's conception, in conrormity with 
 the I'roclamation of ir6J. 
 
 (/) This is also the case in Mitchell's Map. 
 
3fl 
 
 their sources; in every instance, the north-west angle of Nova Scotia is laid down on 
 those Highlands, and where the north line terminates; in every instance, the High- 
 lands, from that point to the Connecticut River, divide the rivers that fail into the 
 River St. Lawrence, from the trihutary streams of the River St. John, and from the 
 oiher rivers that fall into the Atlantic Ocean. 
 
 This universal understanding is easily accounted fur. The descriplion of the 
 southern Boundary of the Province of Quebec, in the Acts of the British Govern- 
 ment, was in that respect, like that of the Dormdary of the United States by the 
 treaty of 1783, expressed in terms so clear as to tdmitof no douht, and to be susceptible 
 of but one construction. What effect that universal understanding had on the framers 
 of the treaty of 1783, will now be considered. 
 
 Mitchell's map is acknowledged, by both parties, to have regulated the joint and 
 official proceedings of the framers of the treaty of 1783: and it has already been ob- 
 served that the southern Boundary of the Province of Quebec, designated for the 
 first time by the Proclamation of 1763, was not, and could not be, laid down on that 
 map, which was published in the year 1755. 
 
 This acknowledgment is founded on the testimony of the American Negotiators, 
 taken at the time when the question " what" was the true River St. Croix, had, by 
 virtue of the treaty of 1794, been submitted to a Joint Commission. The deposition 
 of John Adams states, that "Mitchell's man was the only map or plan which was used 
 by the Commissioners at their public conferences, though other maps were occasionally 
 consulted by the American Commissioners, at their lodgings." (g) 
 
 In a letter to Lieutenant Governor Cunhing, of Massachusetts, of the 25th of 
 October, 1784, when Mr. Adams's recollections on the subject were quite fresh, he 
 writes: " fVe had before us, through the whole negotiation, a variety of inaps; 
 but it was Mitchell's map upon which was marked out the whole of the Boundary 
 Lines of the United States; and the River St. Croix, which we fixed on, was upon 
 that map the nearest river to St. John's; so that, in all equity, good conscience, and 
 honor, the river next to St. John's should be the Boundary." ij^) 
 
 One of the ma|)s annexed to this statement, (No. 12,) that of Emanuel Bowen, 
 published in 1775, is specially quoted in tlie Report of the Committee of Congress of 
 the 16th August, 17S2, (A) and was therefore in possession of the American Govern- 
 ment. 
 
 The fact of other maps having been consulted by the American Ministers, is sufli- 
 cient proof of their knowledge of what was universally understood by the Highlands 
 prescribed as the southern Boundary of the Province of Quebec. And it may be (airly 
 inferreil from the words, in the letter of Mr. Adams of October, 1784, " VVc had be- 
 fore us, through the whole negotiation, a variety of maps," &c. that those maps were 
 before the Joint Negotiators. Yet it may be insisted that it is not in proof that the 
 British Commissioners were acquainted with any other map than that of .Vlitciiell. 
 
 On the supposition thai the British Government selected, for the purpose of treat- 
 ing with the American Commissioners respecting Boundaries, men who had never 
 seen, and, on that occasion, did not examine any of tlie numerous maps of America 
 published during the twenty next preceding yeaxs; on the supposition that those Ne- 
 gotiators had no knowledge of such familiar collections as Jelfery's .\nieriean Alias, or 
 
 (,<) ^Viittiii livliltnce, No. 23. Tlioipgli the remiirk may be superflnuH, it iD:iy be obaerveJ that tlie 
 fact uf othiT majj.s having been consulted m mentioned by Mr. Adams for no parlicnlur purpose, uikI only 
 in order to sl.;te the wl.ole tuith. Ibe Klver St Croix was, at lliat lime, the only object of c(.:itcnlion, 
 wid Mitchell's map was, in that respect, decisive in favor of the pretension of the Lniti d States, whilst 
 several of the subseijuent maps favored, as to that poiut, the Uritish ilaiin. 
 
 (A) Secret .lournals of Congress, V ji. ,!, pajje 190. 
 
33 
 
 tlie American Military Pocket Atlas; on the supposition that having, almost through- 
 out the treaty, adopted the boundaries designated, and even the phraseology used in the 
 Proclamation of 1763, they neglected to consult any of the maps in which the Boun- 
 daries were laid down in conformity with that Proclamation; on the supposition that 
 the same unaccountable carelessness existed in the British Cabinet, to whom the c«se is 
 proved to have been specially referred more than once; on these suppositions, but on 
 these alone, may it be pretended that the British Negotiators were ignorant of the uni- 
 versal understanding respecting the southern Boundary of the Province of Quebec, and 
 unaware of its connection with the Boundary established by the treaty of 1783. Even 
 on such supposition, it has already been shewn, and further arguments might be addu- 
 ced to the same effect, that Mitchell's map issudicient to establish what Highlands were 
 intended by the Proclamation of 1763, and by the treaty of 1783. 
 
 The Provisional Articles of Pi>ace between Great Britain and the United States 
 had been signed on the 30th of November, 1782. The Boundaries then agreed on 
 are, without any alteration, the same as those of the definitive treaty concluded on the 
 3d day of September, 178T. 
 
 During the interval that elapsed between the signing of the preliminaries and of 
 the definitive treaty, four maps of the United States were published in London, one of 
 which, at least, (Bew's,) appears to have been intended as illustrative of the Debates 
 in Parliament on the subject of the Boundaries, viz: 
 
 No. 19. Sayer and Bennet's United States of America with the British Posses- 
 sions, &c. London, 9th February, 1783. 
 
 20. Bew's North America, &c. (or Rebel Colonics, now United States,) en- 
 grave! for the Political Magazine. London, 9th February, 1783. 
 
 21. J. Wallis' United States of America, &c. London, April, 1783. 
 
 22. J. Gary's United States of America, &c. London, July, 1783. 
 
 These maps are an evidence of the contemporaneous understanding of the Boun- 
 daries of the United States, according to the preliminaries. In all of them those Boun- 
 daries are laid down as now cl.nimed by the United States, and are the same with those 
 delineated in the preceding maps, as the Boundaries of the Provinces of Quebec and 
 Nova Scotia. 
 
 Seven other maps of the same character, published during the same and the ensu- 
 ing year, afford additional proof of lliat understanding; (/■) and evidence is not want- 
 ing thai it continued to prevail in England for many subsequent years. (/) 
 
 No contra<iictory evidence has been adduced, unless some lately communicated by 
 the British Government should be intended to show that the Government of Quebec 
 had been there understood to extend beyond the basin of the River St. Lawrence. It 
 consists, first, of some private sales and leases of two seigneuries or fiefs, formerly 
 granted by the French Government of Canada, one of which is situated on the River 
 St. Lawrence, and the other, on one of the upper branches of the River St. John; 2dly, 
 of a notice in the Quebec Gazette, of the year 1765, respecting the encroachments of 
 inhabitants of Canada on the bunting grounds of the Indians on the River St. John. 
 The total irrelevancy of that evidence might easily be shewn; but it seems more pro- 
 per to reserve the reply, till after the object of the evidence shall have been fully ex- 
 plained. It is sufficient hen; to observe, that those obscure transactions, certainly 
 unknown to the framcrs of the treaty of 1783, could have had no effect on their under- 
 standing of the Boundaries of the British Provinces. 
 
 It is believed that the intentions of the framers of the treaty of 1783, and their un- 
 derstanding, as well of the former limits of the British Provinces as of those agreed on 
 
 (A) No«. 23 to 29. (I) Sec Maps, Nos 30 to 35. 
 
 9 
 
04 
 
 by the treaty, have now been made manifestj and that it has been established in the 
 moat satisfactory manner, that the Boundary claimed by the United States is not less 
 in perfect accordance with the intention and spirit, than with the letter of the treaty. 
 
 Tht British Line incoMisUnt with, and in direct opposition to the terms of the 
 
 Treaty. 
 
 It was not the object of Ihc inquiry, and it lias not been attempted, to refute va- 
 rious objections which have been urged on the part of Great Dritain, before the late 
 commission under the 5th article of the Treaty ot Ghent. It is presumed that those 
 on which the British Government mean to insist, will appear in their first statement; 
 and the answer will find its proper plnce in the reply of the United States. 
 
 The acts of the two powers, or of the local governments, and the opinions which 
 may have been expressed by any of their officers, in relation to the contested Territo- 
 ry, since the treaty of 1783, can, at best, be adduced hut by way of illustration. They 
 can throw no light on the intentions of the framers of the treaty of 1783; they cannot 
 impair the rights of cither party that are derived from the express and explicit provi- 
 sions of the treaty. To shew what were, in fact, those intentions, and their perfect 
 agreement with ihe line claimed by the United States, and to demonstrate that their 
 right to the contested territory is conclusively established by the terms of the treaty, 
 arc the sole objects of this statement. From these it is not desirable to divert the at- 
 tention, to points of very subordinate importance, which, for the present at least, will 
 not be taken into consideration. 
 
 It remains, therefore, only to examine the Boundary line claimed by Great Bri- 
 tain, and to state Ihe objections to it by Ihe United Slates. These may, indeed, be 
 easily anticipated, since the arguments in support of the line, contended for by Ameri> 
 ca, were of surh nature as to shew, not only that it accorded, but that no other lin« 
 could be consistent with the treaty. 
 
 1. The north-west angle of Nova Scotia is declared, by they treaty, to be formed 
 by a line drawn due north from the source of St. Croix River to the Highlands, which 
 said Highlands are declared to divide those rivers that empty themselves into the 
 River St. Lawrence from those which fall into the Atlantic Ocean; and the treaty 
 further declares Ihe eastern Boundary of Ihe United States to be, a line drawn . . 
 . . . . "from the source of the River St. Croix directly north, to the aforesaid 
 Highlands which divide the rivers that fall into the Atlantic Ocean from those which 
 fall into the River St. Lawrence." 
 
 The United States accordingly contend, that the north-west angle of Nova Scotia 
 can be found only at some point of the said due north line, and at that point only where 
 the said line intersects the Highlands which divide the rivers aforesaid; that Ihe said 
 north-west angle is, therefore, determined to be at the point of intersection of the said 
 north line, with the Higldands in which the rivers that fall into the River St. Lawrence 
 have their sources; and that Uie said nortli-west angle thus determined, is, and can 
 be no where else than at the place on the said north line, about 1 14 miles due north from 
 the source of the River St. Croix, where the said line intersects the ridge or Highlands, 
 which divide the waters of a tributary stream of the river St. Lawrence, (presumed to 
 be the river Metis,) from the upper branches of the River Ristigouche, which falls in- 
 to the Atlantic Ocean. 
 
 On the other hand it is contended, on the part of Great Britain, that the north- 
 west angle of Nova Scotia is to be found, at a point on the said norlli line, about forty 
 
35 
 
 milei due north Trom the source of the River St. Croix, where the said line intersecli, 
 or pisses along the eastern basis of an insulated Mount, called "Mars Hill;" although 
 neither that hill, nor that point of intersection, divides, or is near any other waters, but 
 some small tributary streams of the River St. John. 
 
 Whatever objections have been, or may be, made to the point contended for by 
 the United States, it is clear, a'.id this is at present the only subject of discussion, that 
 the place thus designated by Great Hritnin, as the north-west angle of Nova Scotia, 
 does not fulfil, and is in direct opposition to, the conditions prescribed by the treaty. 
 Mars Hill, so far from being a Highland which divides the rivers that fall into the 
 Atlantic Ocean from those which fall into the River St. Lawrence, is, at least, one hun- 
 dred miles distant, in every direction, from any of the sources of any of the rivers that 
 empty themselves into the River St. Lawrence; and it divides no other rivers, but 
 Ooosequick River, from the River Presque Isle; both which are tributary streams of 
 the River St. John, into which they empty themselves, a few miles east of the said due 
 north line. It is, therefore, contended, on the part of Great Britain, that although it 
 is expressly provided by the treaty, that the north- west angle of Nova Scotia is formed 
 by the due north line aforesaid, and the Highlands which divide the rivers that fall in- 
 to the River St. Lawrence from those which fall into the Atlantic Ocean; yet that 
 Horth-west angle is not on the Highlands, which divide the rivers thus expressly do- 
 scribed, but on a Highland or place which divides other rivers than those thus descri- 
 bed, viz: rivers thnt fall into one and the same river, the River St John, which falls 
 into the Atlantic Ocean. 
 
 In other words, it is contended that a point designated by the treaty, as a point on 
 Highlands which divide rivers that fall into the River St. Lawrence from those which 
 fall into the Atlantic Ocean, may be construed to be a point on a place, or Highland, 
 that divides from each other rivers which, uniting their streams, fall together into the 
 Atlantic Ocean, or, as Urilish agents have contended, into the Bay of Fundy. 
 
 That pretension is objected to by the United States, not merely as an untenable 
 construction, but as an actual substitution of a provision not in the treaty, to an ex- 
 press and explicit provision of the treaty. 
 
 2. The north-west angle of Nova Scotia, is, according to the treaty, formed by a 
 line drawn due north from the source of the River St. Croix, to the Highlands which 
 divide the rivers that fall into (he Atlantic Ocean from those which fall into the River 
 St Lawrence. That north line being the western Boundary of Nova Scotia, the afore- 
 said Highlands which, together with it, form the said north-west angle, being the 
 northern Boundary of Nova Scotia, must, from that angle, extend eastwardly towards 
 the Bay des Chaleurs. 
 
 From the place, which the United States contend to be "the north-west angle of 
 Nova Scotia," the dividing Ridge or Highlands extend in a north-eastwardly direction, 
 passing north of the waters of the River Ristigouche and of its tributary streams, con- 
 tinuing to divide the several branches of that river from the rivers which fall into the 
 River St. Lawrence, and forming the northern Boundary of Nova Scoiia, as referred 
 to i« the treaty c/ 1783, and as described in the previous Acts of the British Govern- 
 ment 
 
 No Highl mds dividing the rivers designated in the treaty of 1783, nor any Fligh- 
 lands, in any sense whatever of that word, do extend, or can extend, from Mars Hill 
 eastwardly, so as to form by their intersection with the line drawn due north from the 
 source of the River St Croix, the north-west angle of Nova Scotia, and to be there the 
 northern boundary of that Province. 
 
 The ground from Mars Hill, in any direction towards the East, so far from be- 
 ing " Highlands," in any sense of the word, does gradually descend towards the main 
 
06 
 
 Kivcr St. John, (i) Any line drawn in that direction must, necessarily, within a fuw 
 miles fron) Mars Hill, cross that river anJ sink to its level, at a place, which, being 
 not more than eighty miles from the tide water above Predoricton, can be but little 
 above the level of the Sea. .Sucii line, from Mars' Hill to the River St. John, and for 
 some distanoc beyond it, ran divide no other rivers than the tributary streams of one 
 and the snme river, viz: the Uiver St. John; and, inittcnd of dividing it, must cross 
 that river itself. 
 
 3. It must also be observed, that, by pretending thut Mars Hill is the norlli-wcst 
 ' angle of Nova Scotia, it is, in fact, contended that that I'rovinre has two nnrth-wcsl an- 
 gles. For, arguing from the position assumed on the part of (ireut Mritain, the High- 
 lands, forming the northern Uuundnry and the north-west angle of Nova Scotia, must 
 extend from Mars Hill to the western extremity of Iky dcs ('haleurs, which western 
 extremity would, in that case, be the north-west angle of that Province. 
 
 4. Finally, the Boundary of the United States is declared, by the treaty, to be 
 
 "-Frowi the norih-west angle of Nova Scotio 
 
 along the said Highlands which divide the rivers that empty themselves into the River 
 St. Lawrence, from those which fall into the Atlantic Ocean, to the north-western- 
 most head of Connecticut River." And the .American line agrees in every particular 
 with that description; dividing, through its whole extent, rivers, which they contend 
 to be, and which are, rivers falling respectively into the River St. Lawrence and into 
 the Atlantic Ocean. 
 
 iiut the British line extends along the Highlands which divide the rivers descri- 
 bed in the treaty, only from a point which divides a north-western source of the »{iver 
 Penobscot that fall.s into the Atlantic Ocean, from a source of the Majcrmctio branch of 
 the River Chaudierc, which falls into the River St. Lawrence, to the north-western- 
 most head of Connecticut River. It is only for thi t extent, or about eighty-five miles 
 in a straight line, that the British, which there cuinc.'dcs with the American line, ful- 
 fils the condition prescribed by the treaty. 
 
 From Mars Hill, the pretended north west angle of Nova Scotia and the British 
 place of beginning, to the nearest sourre of Penobscot River, their line divides, from 
 each other, only tributary streams of one and the same river, viz: the River St. John; 
 and thence to the source of the River ChaudieiT, it divides only the tributary streams 
 of that river from those of the Penobscot. The British line, therefore, from Mors 
 Hill to the source of the River Chaudiere, does, through the whole distance, or about 
 one hundred and lifteen miles, in a straight line, (m) divide no other river than rivers 
 fulling into the Atlantic Ocean from rivers fulling also into the Atlantic Ocean; or, 
 according to the suijgestions of the British Agents, it divides no other rivers than 
 rivers falling into the Bay of Fundy, from Rivers falling into the Bay of Fundy and 
 the Atlantic Ocean. The line does not, for the whole of that distance, divide the 
 rivers designated by the treaty; but, instead of that, it divides only rivers which are 
 acknowledged by Great Britain not to be those contemplated and described by the 
 treaty. 
 
 It is therefore, contended by Great Britain, that, notwithstanding the Boundary 
 is expressly declared, by the treaty, to extend from the north-west angle of Nova 
 Scotia to the north-westernmost head of Connecticut River, aloni( the Highlands 
 which divide those rivers that empty themselves into the River St. Lawrence, from 
 those which full into the Atluntic Ocean; and although those words, from, along, 
 
 (i) See Section fmm Mars Hill to the mouth of the River dei Chutes. Topographicil Evidence, 
 CommiMion Sirreyii, N". 5. 
 
 (m) There is no material difference between those UisUnces a* respectiirely laid down in Mitchell's 
 Map and Map A. 
 
37 
 
 •ml lo, arc the clearett and tlrotiKcst whiuh could )i«vc been Miected for the purpote 
 oI'dcclariiiK that tliu Uuuii.l.iry lliuit di'scrilied, rniHl, tlirough iU vvhulo extent, from 
 ita bt-ginning to itn tcrminuti^, Ix: uIomk llie »aid llif^hlanda, yet lliat clear and impo- 
 rativo dciicriptiun may Ihi conilrued to moan, that the line may, for more than one 
 liaU'of its extt'iil, he uloiig j^rouiul, (ur n* UHsurled, Highlands,) which is acknowledged 
 not lo divide the rivers thus deocribtd by the treaty, but to divide only rivers ac- 
 knowlfdgud not to bii those contemplated and dcscrilied by the treaty. 
 
 To this the United States also object, not only as an untenable construction, but 
 as being, to all intents and pur|)08eB, an actual and clear substitution oft now provi- 
 sion, to a most express and explicit provision of the treaty. 
 
 It is not intended lo examine now the attempts which have been made to sustain 
 auch extraordinary preicnsions, hy resorting to intentions gratuitously ascribed to the 
 framcrs of the treaty of 1783. 
 
 " The first general maxim of interpretation is, that it is not permitted to inter- 
 pret what has no need of iiiter|>ret.ition. When an act is conceived in clear and pre- 
 cise terms, when the sense is manifesi, and leads to nothing absurd, there can be no 
 reason lo refuse the sense which this treaty naturally presents. To go elsewhere in 
 search of conjectures, in order to restrain or extinguish it, is to endeavor to elude it. 
 If this dangerous method be once admitted, there is no act which it will not render 
 useless. Let the brightest light shine un all the parts of the piece, let it be expressed 
 in terms the most clear and determinate, all this shall be of no use, if it be allowed to 
 search for foreign reasons ii\ order to maintain what cannot be found in the sense it 
 natura.'V presents." (Vattel, Hook 2, ch. 17, § a63. Written Evidence, No. 85.) 
 
 Hut without anticipating wliat new arguments may be advanced on the part of 
 Gn.ii Uiitain, this hrnncli of the subject will Ixj concluded by a single observation. 
 
 Tho British line paiises along that portion alone of the Highlands dividing the 
 rivers deticribci'.I" the treaty, which extends from the source of the Majermetto 
 branch to the sources of the Connecticut Kivcr. That portion alone is considered by 
 the Hritish as " the Highlands" contemplated by the treaty; and it lies west fiom Mars 
 Hill, and, generally, from the line drawn due north from the River St. Croix. Had 
 that portion of the Highlands been thus cuntempblcd by the framers of the treaty; had 
 they intended the description of the Highlands, as it stands in the treaty, to have ap- 
 plied exclusively to that portion; it becomes altogether incomprehensible that they 
 should have defined the Uoundary of the United States from tho source of the River 
 St. Croix, as a line " directly north to the Highlands which divide the rivers that fall 
 into the Atlantic Ocean from those which fall into the River St. Lawrence." 
 
 It is evident that, with Mitchell's map before them, the negotiators, if contem- 
 plating no other Highlands than that particular |>ortion, must, in order to reach it, have 
 described the line to the Highlands, which divide the rivers that fall into the Atlantic 
 Ocean fiom those which fall into the River St. Lawrence, as a line directly west, and 
 nut as u line directly north, from the supposed lake, which, in Mitchell's map, is laid 
 down as the source of the River St. Croix. 
 
 II. 
 
 NOKTH-WESTEMNMOST HEAD OF CONNKCTICDT RIVER. 
 
 The Boundary of the United States, is, by the treaty of 1783, declared to be 
 
 '<from the north-west angle of Nova Scotia along the 
 
 said Highlands which divide those rivers that emi)ty tliemsolves into the River St. 
 I^wrence, from those which fall into tho Atlantic Ocean, to the north-westernmost 
 
 10 
 
38 
 
 head of Connecticut River; thence down along the middle of that river, to the forty- 
 fifth degree of north latitude; from thence, by a line due west, on said latitude," &c. 
 
 The head branches of Connecticut River, but imperfectly known at the dale of the 
 treaty of 1783, have since been explored and surveyed, by order of the Commission- 
 ers appointed under tiie 5ih article of the Treaty of Ghent, (n) 
 
 It is now ascertained that there are four of those branches which have their 
 sources in the Highlands, by which they are divided from a tributary of the River St. 
 Lawrence, and about fifteen to twenty miles north of the 45th degree of north latitude. 
 
 Those Branches, proceeding from west to east, are now known respectively by 
 the names of Hall's Siream, Indian Stream, P»rry's Stream, and Main Connecticut, 
 or Main Stream of Connecticut River. From its peculiar characteristic, this last branch 
 might be designated as the Lake Uranch or Stream. 
 
 Indian Stream, Perry's Strenm, and the Lake Stream, are all united into one, 
 about two miles north of the forty-fifth parallel of north latitude: and, thus united, 
 they were known, at the date of the treaty of 1783, by the name of Connecticut 
 River, at the place where the river was then supposed to cross the aforesaid parallel. 
 The mouth of Hall's Stream, already known by that name, ai the date of the treaty 
 of 1783, is below, and about a quarter of a mile south of that place, but above, and 
 half a mile north of the point which, from later and more correct observation.o, appears 
 to be in latitude 45. 
 
 Whether the words, "head of the river," were intended, by the treaty, synony- 
 mous with, or for the purpose of conveying a meaning somewhat ditfering from either 
 of the words, "source," or, "head branch of the river;" the term "tiorth-westeruinost'* 
 necessarily implies that there is more tiian one "head of the river" within the mean- 
 ing of the treaty; and that several sources or head branches were contemplated, as 
 being equally heads of the river, and amongst which, the north-westernmost is desig- 
 nated as that, at which the Boundary leaves the Highlands. 
 
 The surveys will shew, at once, that the sources of the middle branch of Hall's 
 Stream isthe north-westernmost headof all iheabove mentioned branches of Connecticut 
 River; and it has accordingly been claimed, on the part of the United Stales, as the 
 true north-westernmost head contemplated by the treaty. 
 
 The source of the north westernmost brook which empties itself into the upper 
 Lake of the most eastern branch, (being that designated as the Main Stream or Lake 
 Stream of Connecticut River,) has been claimed, on the part of Great Britain, as the 
 north-westernmost head contemplated by the treaty. And the Commissioner on the 
 part of his Britannic Majesty, under the 5th article of the treaty of Ghent, has sus- 
 tained the claim; principally on the ground, that the said branch is, in fact, the main 
 branch of Connecticut River; and that it is, and has, as he avers, been, for an indefi- 
 nite time, exclusively known or distinguished by that name. 
 
 The Comn)issioner on the part of the United States, under the 5th article afore- 
 said, has decided that the head of the west branch of luflian Stream is the true north- 
 westernmost head of Connecticut River intended by the treaty. This decision is 
 founded on an opinion, that it must have been contemplated by the treaty, that the 
 north-westernmost head of Connecticut River should become identified with the main 
 itream, above and north of the place where the 45th parallel of north latitude was, at 
 the date of the treaty, supposed to be. According to this construction, Hall's Stream 
 being excluded, the head of the west branch of Indian Stream woulil become, as ap- 
 pears by the surveys, the north-westernmost head of Connecticut River, within the 
 meaning of the treaty. 
 
 (ri) Topo(;rap)iical Kvi.lencf. Siirv.vj fileil witti ti\e CommiMioners undtr the Sib »rticle of th« 
 Tretty of Client, Not. 11 and 12, Amcricin Atlaa 
 
39 
 
 The term "north -westernmost head of the River Connecticut," could not have 
 been intended by tiie treaty, to designate, at tne same time, both the source of the 
 principal branch of that liver, and the source of the branch which might be exclu- 
 sively known, at that time, by the name of Connecticut River; rince, whether any of 
 Its upper branches was distinguished from all others by that name, and which was the 
 principal branch, were facts unknfiwn to the framers of the trtity. Hut, that either 
 of these objects was intended, i» etpially repelled by the express terms of the treaty. 
 
 The expression '* r jfth-westernmust" necessarily implies, that more than one 
 head of Connecticut .jver was contemplated by the treaty, and that the selection was 
 made to depend, neither on the size nor name of the branch, but on its relative 
 situation. 
 
 Had the words " head of the river" been intended to designate the main or 
 largest branch, this must have continued to be the main branch, rivulet, or brook, to 
 its very source. And if such had been the intention, the wortls "main head," or 
 " head of the main branch,'' would have been substituted in the treaty to the words 
 " north westernmost head of Connecticut River." 
 
 It is denied, on the part of the United States, that the hike branch was, at the 
 date of the treaty, known and exclusively distinguished as the main branch of the Con- 
 necticut River; but supposing it to have been, at that time, thu.s known and distin- 
 guished, still theterin " north-wcsteriiniost" applied to the intended head, proves that 
 a selection being cunleniplaled, no one branch, even though emphatically called the 
 main branch, is entitled to the exclusion of any other, to be considered as the " head 
 of the river" intended and pointed out by the treaty. Had such been the intention, 
 the word '< north-westernmost" would cerlaiiily hiivu been omitted. 
 
 The Boundary is, by the treaty, declared to be from the north-westernmost head 
 of Connecticut River, down along the middle of that river, to the 45lh degree of north 
 latitude. And this has been urged to shew, that, from the said head, the Boundary 
 must necessarily run down along the middle of a branch, exclusively known by the 
 name of Connecticut River. 
 
 This inference is, in reality, nothing more than a repetition of the fiut assertion, 
 and taking fur )>,ranted what is in question. 
 
 If, by the words '• north-westernmost head of Connecticut River," it had been in- 
 tended to designate exclusively a branch specially known by the name of Connecticut 
 River, then, and then only, it could be inferred, that, from that head, the boundary 
 must run down the middle of a branch known by that .special name. But this is pre- 
 cisely what is denied, and has l>een shewn to be inconsistent with the designation of 
 '' noith-westernmost," alVixed to the contemplated head. 
 
 If, as has already been proved, the word " north-westernmost" necessarily implies 
 a selection amongst the various branches of Connecticut River, which have their 
 sources in the dividing Highhinds, it follows, that that branch which shall be found to 
 be the north-westernniost headof Coiinei'ticul River, although not emphatically known 
 at the date of the treaty of 1 78:1, by the name of Connecticut River, or of main branch 
 thereof, is, nevertherle's, considered by tiie treaty as a branch or portion of Connec- 
 ticut River. And it is down along the middle of such branch, that, from its source, 
 the Boundary is cunteinpluted to run. 
 
 This construction, which is alone consistent with the terms of the treaty, is, in 
 fact, admitted on tlie part of tiroat Britain, since it has been adopted in relation to a 
 part of the boundary she claims: and this admission, whether fur a longer or shorter 
 distance, is equally conclusive, as to the principle. 
 
 It cannot be asseitod, it has not been insisted, that either the upper lake of that 
 presumcil main branch, or the brook iliat falls into il,and which is claimed bv the Bri- 
 tish as the true north-westernmost head of Connecticut River, ever was, or now is, 
 
40 
 
 known and distinguished by the name of Connecticut River, or of main branch of 
 Connecticut River. 
 
 From tiie source of tliat brook, the Boundary Line, according to the British 
 claim, runs down the middle of the said brook, and of the upper lake or pond, though 
 neither is known by the name of Connecticut River. And yet tlie said line is con- 
 tended for, on the part of Great Britain, as running from tlie source of said brook, 
 along the middle of the river Connecticut. It is evident that this is precisely the 
 principle for which the United States cantcnd. 
 
 In what precedes, it has been taken for granteil, that the lake branch of the Con- 
 necticut River was exclusively known and distinguished from all others, at the date 
 of the treaty of 1783, by the name of Main Connecticut liiver. The United States 
 are not bound to prove a negative. When it is asserted, on the part of Great Britain, 
 that the brand) in question had, at that time, received, and was alone known by, the 
 name of Connecticut River, the burden of the proof falls upon her. 
 
 No such proof has been adduced on her part; the only evidence bi ought forward 
 on the subject, applying to a date long subsequent to that of the treaty. The upper 
 branches of Connecticut River, north of the 45th degree of north latitude, are not laid 
 down correctly in Mitchell's Map; and there is none that is distinguislied, as the 
 main river, or by any si)ecial name. So far as this map regulated the proceedings of 
 the framers of the treaty, it clearly shews, that they could not have supposed any one 
 branch to be exclusively known by the name of the main Connecticut. It may, on 
 the contrary, be fairly inferred from the map, that the most westerly branch, north of 
 the 45th degree of north latitude, was that the source of which must have been con- 
 templated as the north-westernmost head of tlie river. 
 
 There is not a single map published, prior to the treaty of 17S3, in which those 
 branches are laid down correctly; there is nut a single one in which any trace can be 
 found of the Connecticut lakes, which p.irticiilarlj' characterise the branch pretended 
 to have beer known, in 1783, as the main Connecticut River, (o) 
 
 The first map adduced in evidence, in which Indian Sireani (there called river,) 
 and the lake branch are laid down with tolerable correctness, is that of New Hamp- 
 shire, published in the year 1816, by P. Carrigan. And, even in that map, Perry's 
 Stream is neither called by that name, nor laid down correctly, (p) 
 
 It has, it is hoped, been satisfactorily shewn that the supposition, that the Lake 
 Branch was, in 1783, distinguished by the name of Main Connecticut River; a sup- 
 position on which, alone, the British pretension and argument are attempted to be 
 sustained ; is a mere assertion, unsupported by any evidcnci', and wiiicli seems to be 
 entirely groundless. It has also been proved, that, supposing this assertion to have 
 been founded in fact, no one branch, even though known in 17S.3 as the Main Con- 
 necticut, was entitled, to the exclusion of any other, to he considered as the head of 
 the river designated by the treaty, unless the word *' north-westernmost" was struck 
 out from the treaty. It remains only to examine the reasons which induced the Com- 
 missioner, on the part of the United States, under the 5th article of the treaty of 
 Ghent, to decide in favor of Indian Stream, to the exclusion of Willi's .Stream. 
 
 The Boundary Line between the Provinces of New Y'ork and (^nehec, had hren 
 surveyed in the year 1772, from Lake Champlain to the Connecticut River, along the 
 45th parallel of North latitude. (7) This line, as then run, crosses Hall's Stream, a 
 short distance above its mouth, and terminates two miles above i(, on the bank of the 
 river, where the Surveyors placed a post, still subsisting. It was then that Hall's 
 
 (0) Topograpliical Kviilcnce — rriritcil Maps published to (lie y< ar 1~8.), iniliiKiv \j. 
 
 (p) Toi :gnipliical Evidence— Surveys and Map> under the late Commission, No. 23.-(Cariigan'8m»p.) 
 
 (q) Topograpliical Evidence— Sun-eys, No. 30. 
 
41 
 
 Stream received its distinctive name ; and it was then that tHb' main stream was, by 
 the survey of the line, and by the erection of the monument at its end, recognised, 
 in an authentic manner, to be, as high as that place, the Connecticut River. Above 
 and beyond that place it was not explored ; and no distinctive names were given to 
 its several upper branches. 
 
 According to that survey, Hall's Stream was understood to unite itself with the 
 main river, South of the forty-fifth parallel of North latitude. And the Commis- 
 sioner was of opinion, that the boundary line must necessarily, where it met the 45th 
 degree of latitude, be in the middle of that stream, which, at that point, was, prior to 
 the treaty of 1783, recognised to be the River Connecticut. 
 
 The Commissioner on the part of the United States, allowed to Great firitain all 
 that, by the most liberal construction in her favor, could be claimed on her part. 
 Several reasons have been urged in this statement, tending to shew that his argument, 
 in that point, was not conclusive. But should his construction, nevertheless, prevail, 
 Indian Stream, which is free of all objections, and the whole course of which is north 
 of the 45th parallel of north latitude, must be considered as the north-westernmost 
 head of Connecticut River, contemplated by the treaty. 
 
 This construction, it must be observed, is founded on the principle, that the 
 general meaning of the expression "north- westernmost" is restrained by a limitation, 
 found in another expression of that provision of the treaty. But there is another 
 limitation which must also be attended to. The Boundary is declared to be along the 
 said Highlands, which divide those rivers that empty themselves into the River St. 
 Lawrence, from those which fall into the Atlantic Ocean, to the north-westernmost 
 head of Connecticut River. 
 
 The Boundary continues, therefore, along the said Highlands to the said north- 
 westernmost head. That head, therefore, is a source which rises, and every source 
 is excluded which does not rise, in the said Highlands. But the north-eastern brook, 
 which empties itself into the Upper Lake of the Lake Branch, rises opposite to a 
 branch of the Margallaway River, which is a tributary stream of the Kennebec. That 
 brook, therefore, as well as every other, that empties into the Lake Branch, east of 
 the north-western brook, which is claimed on the part of Great Britain, as the north- 
 westernmost head of the River, has its source, not in the Highlands, which divide 
 those rivers that empty themselves into the River St Lawrence from those which fall 
 into the Atlantic Ocean, but in a Highland which divides, from each other, two 
 rivers, which both fall into the Atlantic Ocean. 
 
 The north-westernmost brook, that empties itself into the Upper Lake of the 
 Lake Branch, and which is claimed on the part of Great Britain as the north-western- 
 most head, instead of being the north-westernmost, is, therefore, actually the north- 
 easternmost head of Connecticut River, that rises in the Highlands, which divide 
 those rivers that empty themselves into the River St, Lawrence from those which 
 fall into the Atlantic Ocean. It is, therefore, in fact, contended on the part of Great 
 Britain, that, of all the heads of Connecticut River which come within the description 
 of the treaty, it is the north-easternmost which must be selected as being the north- 
 westernmost head prescribed by the treaty. 
 
 III. 
 
 BOUNDAUV LINE FROM CONNBCTICUT HIVEU TO THE RIVKU ST. LAWRENCE. 
 
 The River Connecticut had, by an order in Council, dated the 20th of July, 1764, 
 
 been declared to be the Boundary between the Provinces of New York and New 
 11 
 
48 
 
 riampsliire, from the northern Boundary of the Province of Mas»achusetts' Bay, to 
 the 45th degree of north latitude, (r) 
 
 On the 12th August, 1768, an order was issued by the King in Council, on tho 
 subject of the Boundary between the Provinces of Quebec and New York, in the 
 following words, viz : "Whereas, there was this day read at the Hoard, a report from 
 the Right Honourable the Lords of the Committee of Council for Plantation Affairs, 
 dated the 9th of this instant, upon considerini; a report made by the Lords Commis- 
 sioners for Trade and Plantations, upon an extract of a letter from Sir Henry Moore, 
 Governor of Now York, to the Earl of Shelburne, dated the 16th of January last, 
 relative to the settling the Boundary line between that Province and Quebec : By 
 which report, it appears that, it having been mutually agreed upon between Sir Henry 
 Moore and the Commander in Chief of the Province of Quebec, at a meeting for that 
 purpose appointed, that the line of division between these Provinces should be fixed 
 at the forty-fifth degree of north latitude, conformable to the limits laid down in his 
 Majesty's Proclamation of Oct. 1763, and it having been ascertained and determined 
 by proper observations where the said hnc would pass ; it is, therefore, proposed that 
 the proceedings above staled, should be confirmed by His Majesty, His Majesty 
 taking the said report into consideration, was pleased with the advice of his Privy 
 Council, to approve thereof, and doth hereby confirm the procce<lings above staled, 
 and order, that the said line of division be run out and continued as far as each Pro- 
 vince respectively extends," &c. 
 
 The Earl of Hillsborough, the King's Principal Secretary of State for the Colo- 
 nies, transmitted on the 13th August, 1768, to Sir Henry Moore, Governor of New 
 York, the above " order of His Majesty in Council, confirming the Boundary Line 
 between New York and Quebec, as agreed upon, and fixed by yourself, (Governor 
 Moore) and Governor Carleton," stating, at the same time, that His Majesty had the 
 fullest reliance on his zeal, &c. for the due execution of said order, (s) 
 
 Those orders were completely carried into cflecl, and in the most authentic 
 manner, by the successive Governors and other Provincial authorities of New York, 
 in conjunction with those of the Province of Quebec. 
 
 The Surveyor General of the Province was authorized and directed by the 
 Governor and Executive Council, to carry on that important service, agreeably to 
 the tenor of his Majesty's instructions ; and, by virtue of a commission which passed 
 the Great Seal, he was authorized and directed, in conjunctiun with the Surveyor of 
 the Province of Quebec, " to run, mark, ascertain, and distinguish the partition line 
 between the two Provinces, as far as each respective Province extended." 
 
 Governor Tryon, in an instruction to the Surveyor General, dated 30th Januarj', 
 1772, directs him to proceed to the place where the Surveyor had stopped the last fall 
 {20 miles east of Lake Champlain), and then in the following words, viz : 
 
 ♦' From whence, you are to continue the same line, until you arrive at the western 
 banks of the main branch of Connecticut River, that crosses the 45th degree of northern 
 latitude ; but if such main branch shall t>e found not to extend northward, so far as 
 the latitude of forty-five, then to run a perpendicular from the northernmost part of 
 the said branch, to the line aforesaid ; and in running the said line, care must be taken 
 to blaze the trees on the east and west sides, as you pass along, cutting down only 
 such trees as stand directly in the sight of the compass ; and, at the disti.nre of every 
 three miles, laying together a large heap of stones, and cutting a few notches on the 
 trees nighcst each pile of stones. It is of the utmost consequence, that you should 
 not stop at any water-course short of the aforementioned main branch of Connecticut 
 
 (r) Written Evidence, No. 22. (») Written Evidence, No. 26. 
 
43 
 
 River ; and it is only by adhering to these instructfons that you can answer the just 
 expectations of the public, from whom you are to receive your reward for porforming 
 this important service. You are to return to me a map, with a field book of the sur- 
 vey, in which book you nre to take notice of all remarkable waters you cross ; minut- 
 ing, also, the courses and distances of the marked trees near the monuments of stones 
 you shall erect, with such other observations as shall appear worthy of notice ; to the 
 intent such map and field book may be lodged in the office of the Secretary of the 
 Province." {() 
 
 Successive and repeated instructions were given by the Governor and Council in 
 relation to the same object. The Surveyor was particularly directed, after having 
 run the line eastward to Connecticut River, to return to Point Moore, the station 
 fixed on the east side of Lake Champlain, and place of beginning, and to extend the 
 line from Lake Champlain, westward, until it should intersect the River St. Lawrence, 
 fn the 45th degree of north latitude. And the Lieutenant Governor of Quebec gave 
 notice "That His Majesty's Council of that Government were unanimously of opinion 
 that the Boundary Line between the two Governments should be run and distinguish- 
 ed, from Lake Champlain to the River St. Lawrence, as hail been proposed by the 
 Province of New York, and that the Surveyors were accordingly to proceed on that 
 work." («) 
 
 The line was accordingly surveyed and marked along the 45th parallel of north 
 latitude, from the east side of Lake Champlain, (where it had been ascertained and 
 determined, by the proper observations mentioned in the King's Order in Council of 
 12th August, 17G8, that the line would pass,) to the river Connecticut, by Thomas 
 Valentine, Deputy Surveyor, on the part of the Province of New York, and by John 
 Collins, Deputy Surveyor of the Province of Quebec, in the years 1771, 1772. Both 
 surveyors gave notice, that the line terminated on the bank of the Connecticut River, 
 where a post was fixed, two miles and 5-8 of a mile above the mouth of Hall's Brook, 
 and 90 miles and a 1-4 of a mile due east from the Boundary fixed on Lake Cham- 
 plain. (v) 
 
 The Boundary Line was extended in the year 1773, fifty miles west of Lake 
 Champlain, by Claude Joseph Sauthicr, Deputy Surveyor for New York, and by John 
 Collins, for Quebec. It was completed to the River St. Liwrence, in the year 1774, 
 by John Collins alone, duly appointed to act for both Provinces, (i') 
 
 A plan " of the Boundary line between the Provinces of Quebec and New York, 
 latitude 45 degrees, variation of the compass 9 degrees west, surveyed and completed 
 the 80th October, 1774, by John Collins, D. S. General," was returned by the said 
 Collins, and deposited in the office of the Secretary of New York, where it still 
 remains. And the Legislative Assembly of the Province, by two acts, appropriated 
 800 pounds for the share of the expenses of the Province, in running out, marking 
 and completing the Boundary Line between the two Provinces, {w) 
 
 These details have been stated, in order to shew the Boundary Line along the 
 45th parallel of latitude, from the Connecticut River to the River St. Lawrence, be- 
 tween the Provinces of Quebec and New York, having been first ascertained and 
 iletermined by proper observations, was confirmed and ordered to be surveyed by the 
 ('rown, and that the work was executed and recorded in the most regular, authentic, 
 and solenin manner. 
 
 It will be found, accordingly, that a grant of twenty thousand acres of land, ail- 
 jacent to the said Boundary Line, was made to Edmund Fanning and others, on the 
 
 (<) Written Kvidence, No. 26. 
 
 (u) Wiiltcn Kvidence, No. 26. (u) Written Evidence, Nos. 'id and 2T. 
 
 ' H'} ropngn»|ihic»l Evidence, Surveys Commission, No, 30. 
 
44 
 
 16th February, 1775, by Cad«va11ader Colden, Governor of New York, in the name 
 of the King, and under the Great Seal of the Province. Th« Boundary of the tract, 
 thus granted, begins at a place on the west bank of the Connecticut River, " five 
 hundred and nine chains on a straight line below a certain cedar post, set up on the 
 west bank of the said river in the year 1772, by John Collins and Thomas Valentine, 
 at the place where the line run by them, from the point of 45 degrees of northern 
 latitude on Lake Ghamplain, intersects the said river ; anH this tract runs from the 
 said place of beginning up along the said river, as it winds and turns, to the cedar 
 post aforesaid, and thence along the said line run by John Collins and Thomas Valen- 
 tine, North 81 degrees West (x) 709 chains, thence south," &c. (y) 
 
 It was also obviously in reference to the said line, that the Southern Boundary 
 of the Province of Quebec, which according to the Proclamation of 1763, after cross- 
 ing the River St. Lawrence and the Lake Champlain, in 45 degrees of north latitude, 
 passed along the dividing Highlands, was, by the Quebec Act, declared to be along 
 the dividing Highlands to a point in 45 degrees of northern latitude, on the eastern 
 bank of the River Connecticut, keeping the same latitude directly west, through the 
 Lake Champlain, until, in the same latitude, it meets the River St Lawrence. 
 
 By the treaty of 1783, the Boundary of the United States is declared to be, along 
 the middle of the River Connecticut, '' to the forty -fifth degree of north latitude; from 
 thence by a line due west, on said latitude, until it strikes the River Iroquois or Cata- 
 raquy," (St Lawrence.) And the above mentioned line, between the Provinces of 
 Quebec and New York, was considered, and continues, in fact, to this day, to be the 
 line of jurisdiction between the dominions of Great Britain and the United States. 
 
 It is also in proof that all the subsequent grants of land, adjoining the said Bounda- 
 ry, have been laid down along the above mentioned line, as formerly surveyed; and 
 that all the lands, from Connecticut River to the River St Lawrence, along the 45th 
 parallel of north latitude, (viz: » that Boundary between the former Provinces of 
 New York and Quebec, as the same had been actually surveyed and established before 
 the year 1775, under the authouity of the two Provinces, and in conformity with the 
 agreement between them,and ratified by the King's Order in Council of August, 1768,") 
 have been granted and held by virtue either of ancient provincial grants, or of grants 
 made by the States of New York and Vermont, (z) 
 
 It is provided by the 5th article of the treaty of Ghent, that, whereas neither the 
 north-west angle of Nova Scotia, nor the north-westernmost head of Connecticut, has yet 
 been ascertained, "and whereas that part of the Boundary line between the dominions 
 of the two Powers, which extends from the source of the River St Croix, directly 
 north, to the above mentioned north-west angle of Nova Scotia, thence along the said 
 Highlands which divide those rivers that empty themselves into the River St Law- 
 rence from those which fall into the Atlantic Ocean, to the north-westernmost head of 
 Connecticut River; thence, down along the middle of that river, to the forty-fifth de- 
 gree of north latitude; thence by a line due west, on said latitude, until it strikes the 
 River Iroquois or Cataraquy, has not yet been surveyed; it is agreed, that for those 
 several purposes, two Commissioners shall be appointed," &c. who " shall have power 
 to ascertain and determine the points above mentioned, in conformity with the pro- 
 visions of the said treaty of Peace of 1783, and shall rause the Boundary aforesaid, 
 from the source of the River St Croix, to the River Iroquois or Cataraquy, to be sur- 
 veyed and marked according to the said provisions." 
 
 According to observations of latitude, taken by Astronomers appointed in pursu- 
 ance of that article, the 45th parallel of north latitude appears to be about three quar- 
 
 (i) By compuu, the variation beingf nine defp^cs west. 
 
 (y) Written Evidence, No. 28. (i) Written Evidence, Nos. 29 and 30. 
 
45 
 
 ters of a mile south of the above mentioned old line, both on the Connecticut River 
 and on Lake Champlain; though it nearly coincides with the said line on the River St. 
 Lawrence. The question referred is, whether, under the treaties of 1783 and of 
 Ghent, the old line may continue to be considered as the Boundary of the United 
 States, or whether this shall be surveyed anew, in conformity with the late observa- 
 tions of latitude ? 
 
 It is clear that the portion of the line which extends from the River Connecticut to 
 the River St. Lawrence, had been ascertained, by observations deemed proper at the 
 time, and as such, had been confirmed by the Crown, and had been officially sutveyed, 
 under the provincial Government, by orders emanating from the Crown; that this line 
 liad, for more than thirty years, from the treaty of 1783 to that of Ghent, been held 
 as the Boundary between the two countries, witliout any application from either Go- 
 vernment to the other, to have it re-surveyed or altered; and that the treaty of Ghent 
 nevertheless declares that the Boundary, from the source of the River St. Croix to the 
 River St. Lawrence, (without making any exception,) had not yet been surveyed. 
 
 It is now submitted, whether, under all the circumstances of the case, as they have 
 been stated, it was not intended by the treaty of Ghent that that part only of the 
 Boundary, from the source of the River St. Croix to the River St. Lawrence, should 
 be surveyed and marked, which iiad not already been officially surveyed and marked 
 by competent authority; and whether, therefore, the line formerly surveyed and es- 
 tablished as the Boundary between the Provinces of Quel)ec and New York, is not, in 
 conformity with the true spirit and intent of the treaty, excepted from the provision 
 which directs the Boundary, between the two Powers, to be surveyed, and should not 
 accordingly remain, as heretofore, the Boundary between their respective dominions. 
 
 All which is respectfully submitted by the undersigned. Agents of the United 
 States inthe negotiation, and upon the Umpirage, relating to the North-Eastern Boun- 
 dary of the said States. 
 
 ALBERT GALLATIN, 
 WM. P. PREBLE. 
 
 WASHi.NOToy, June Is/, 1829. 
 
 18