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COMMISSIONER ^ APPOINTED TO ASSIST IN KXPLOBINO AND |BA0IMO THE SAID BOUIWABY. 1 ;' :m DECEMBER, ■■&: #;•'■' IJ^MtSF '['"""'''"'f n ^''V.Mp.W' ^ t Sir, 11 til December, 19414. In obedience to the commands of Your Excellency, conveyed to me by the Honorable the Provincial Secretary— that I should submit to Your Excellency, by way of a Supplementary Report, sudi observations as might occur to me on a perusal of the Report of Mr. Wells upon the Boundary Line between Canada and New Brunswick— I have now the honor to lay the accompanyina remarks and Documents before Your Excellency. It does, however, appear to me, that the Report prepared by Mr. Wells, em- braces such an extensive range of argument, as to involve the whole question in obsennty, leading the mind away from the real matter at issue. T have therefore, in conformity to Your Excellency's desire, endeavoured to bnng that matter into a much smaller space, where the claims of New Brunswick will be clearly perceived, and have confined myself as much as possible, to the consideration alone of such parts as do really relate to the question of Boundary. In contesting the pretensions of Canada, and maintaining the right of this Province, I have found it necessary to adduce but very ievr authorities in addi- tion to those which have been furnished by Mr. Wells. As that Gentleman implies that I have been wanting in courtesy towards him by not acknowledging the receipt of his Letter of the 13th December, 1843, and by tacitly declining any further intercourse with him either personal or otherwise, it may not be improper briefly to review the original appointment of Mr. Wells and myself to trace the Boundary between Canada and New Brunswick. On the 2d September, 1843, I was informed bv Mr. Secretary Odell, that Sir Charles Metcalfe had appointed a Commissioner on the part of Canada to trace the Boundary, and as 1 was selected by Your Excellency in Council to meet such Commissioner for that purpose, I lost no time in proceeding to the frontier, (of which 1 have little doubt that the Canadian Authorities were at once informed,) and after waiting three weeks, in hourly expectation of the arrival of the Cana- dian Commissioner, I proceeded to the Bale des Chaleurs, and returned, to tredericton on the 10th October, reporting my proceedings to Your Excellencv on the 13th of that month. ^r o j Mr. Wells did not meet me at all on the frontier, but arrived in Fredericton I ^ -ieve early in December, when I had the honor of a visit from him, and returned Ills call the next day, at which time I informed him, as he states, that I con- sidered my duties in regard to the matter to have terminated. His Letter of the Idth December was, however, immediately transmitted by me to Your Excel- lency, and its receipt acknowledged to Mr. Wells by your Private Secretary. The imputation of discourteousness seems therefore to resolve itself into this form — that after I had removed from the frontier, and had made my report to Your Excellency, I could no longer consider myself empowered to act as Com- missioner, or undertake then to co-operate with Mr. Wells in commencing the performance of his part of our joint duties, without further instructions from Your Excellency, to whom I instantly transmitted the Letter addressed to me by Mr. Wells ; and that after I had returned his call, he did not again afford me an opportunity of holduig any further communication with hini. nersonallv or other- wise, except the Letter above mentioned. PPW I would but imperfectly shew the interest which I feel, and have felt, in the settlement of the Boundary Line, if I omitted to express my deep regret that the Canadian Commissioner had not arrived while I was still at the frontier. I am persuaded that our united examination of the country would have re- moved many of the misapprehensions which exist upon the nature of our respec- tive claims, and although there might still have been a variance of opinion between ourselves as to the exact local position of the Boundary prescribed by the Act of Parliament J yet the question would have been divested of much ex- traneous and irrelevant matter with which it is now surrounded. I trust however, that the accompanying observations will satisfy Your Excellency, that Mr. Wells has altogether mistaken the highlands which form the bomidary line between Canada and New Brunswick, — and that in his ex- plorations and researches, he had not been remarkably successful. I have the honor to be, Sir, Your Excellency's most obedient humble servant, THOS. BAILLIE. Hii Excellency Lieutenant Colonel Sir William M. G. CoLEBROOKE, K. Lieutenant Qovemor, &c. &c. S(c. H. # Fredericton, November ^ 1844. Before proceeding to discuss the differences existing between Canada and New Brunswick, with respect to their Boundaries, it will be advisable to cast a glance at the principle which appears to have governed the views and motives of the Bntish Government in settling the Boundaries between the American Provmoes,— namely, to give to each Province the whole extent of all Rivers that emptied themselves within its Boundaries ;— a principle also acted upon between Great Britain and the United States of America at the Treaty of Peace in 1 783. On reference to that Treaty we find the following language in the Preamble : " And to establish such a beneficial and satisfactory intercourse between the two " Countries, upon the ground of reciprocal advantages and mutual convenience " as may promote and secure to both perpetual peace and harmony." * The second Article of the Treaty runs thus :— " 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," &c. Such principle and intent the expression «* highlands which divide waters " plainly denotes ; for what could be the object of selecting highlands at all in re- ference to Rivers, if those Rivers were to be divided or intersected by the line of Boundary, indiscriminately either near their sources or in any other nart of their course. It was doubtless with this view that " the highlands which divide the wat'jrs " falling into the St. Lawrence from those which fall into the Atlantic Ocean," were originally selected as the Boundary ; and had the North line been run from the sources of the Penabscot, (the ancient boundaries of Nova Scotia,) or even from the westernmost source of the Scoodic, the highlands mentioned in the Treaty would easily have been discovered, and the Boundary would have been perfect : giving to the present Province of New Brunswick all that tract of land which It so long administered as a Territory claimed by the United States of America. For it is worthy of observation, that the British Commissioners refused to proceed further North than Mars' Hill, (the line explored beyond that point being merely a trial line,) and it was in consequence of the diflference arising in ttiat respect that the various attempts to run a Bpundary Line, in terms of the Ireaty of 1783, between (^reat Britain and the United States, were abandoned, and a conventional Line was established by the Commission of 1798,— bv the King of Holland in 1828,— and lastly and definitively by the Treaty of ^V'ash- mgton in 1842, The a.ncient Southern Boundary of the Province of Quebec, Eastward of the North Line from the source of Penobscot River, did not extend south of the River bt. Lawrence, as is evident from a description of the Grant to Sir William Alexander, as well as from a Map published in London in 1752, taken from a Map « performed under the patronage of Louis, Duke of Orieans. First Prince of the Blood, by the Sieur D'Anville, greatly improved by Mr. Bolton."— See . Appendix, Nos. 1 & 5. Quebec did not become a British Possession until 1759; any Grants there- fore made by and under the authority of that Colony, previous to 1759, of a portion of what then constituted the Colony of New Scotland, can surely give no claim to the present Province of Canada, to any part of New Brunswick, or If such Grants be viewed as establishing a claim of possession and of right, the bouthem bounds of Canada will extend beyond the 46th degree of North latitude on the River Saint John ; for in 1684 the Fief of Meductic, reaching several miles bouth of that paraUel, was granted by the Government of CwiaAi.^ Appendix, « :-«v- 6 But admitting for the sake of argument, that the limits of the Province of Quebec, were, previously to the conquest, undefined, vet the Royal Proclamation, after that event, Bounds it " by the highlands which divide the Rivers that " empty themselves into the said River St. Lawrence, from those which fall into " the sea." — A designation of Boundary ratified and confirmed by a solemn Act of Parliament passed shortly afterwards, and adopting nearly the same words. Notwithstanding the genuine and obvious meaning of the above description, Mr. Wells, (in answer to whose Report the present observations are prepared,) endeavours to prove that those highlands are to be found South of the River Tobique, (a Tributary of the St. John,) crossing the St. John to Mars' Hill, so as to form a continuation or connection with the highlands contended for bv the British Commissioners as the boundary between the United States and the British Possessions. Let us for an instant admit that he is correct, and request him to retrace his line, (which is indeed described as running from West to East, in the Proclama- tion, but from the Baie des Chaleurs, in the Quebec Act,) and complete the Boundary of Canada. He is now on the top of Mars' Hill, descending which eastwardiy he proceeds along the highlands on the South Bank of the Tobique until he finds himself at the Bald Mountain at the head of the Nictor,— thence he passes South of the Upsalquitch, and by a tortuous route to the Town of Dalhousie, " being," as he states, " part of the Southern Boundorv of Canada, " according to the Royal Proclamation of 1763, and the Quebec Act of 1774." On reference however to the Royal Proclamation of 1763, we find that to finish the line it must pass — « Along the North Coast of the Baie des Chaleurs, and the Coast of the « Gulph 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 Anticosti, termi- «* nate at the aforesaid River St. John." How this line of Boundary is to be carried from Dalhousie across the Bay to go along the North Coast does not appear, — there is no warrant for it in any of the Documents which have been or can be quoted relating to those Boumlaries, and it is very manifest that had such a line as this of Mr. Wells ever been contem- plated by the Royal Proclamation, the crossing of the Bay of Chaleurs would as well have been mentioned, as the crossing of the River St. Lawrence, which is twice declared in that Document to be necessary to form the Boundary. It is evident then beyond all doubt, that the Southern Boundary of Quebec, must pass along the highlands which are on the North of the Restigouche. Mr. Wells, at page 2 of his Report, admits that " the description of that " portion of the Boundary which is given in the Treaty of 1783, and on which " the American claims were founded, when taken by itself, would fairly admit " of the interpretation put upon it, although not susceptible of such an interpre- " tation if considered m connection with the previously defined lines of separa- " tion between the adjacent British Provinces, which were specially referred to " and recognized in the same Treaty." What influence " the previously defined lines of separation" can have upon a line which must extend to the North Coast of the Baie des Chaleurs without crossing the same I am at a loss to comprehend. Again — Mr. Wells admits, at ^age 4, with reference ixi the line selected by me, firom the western extremity of the Baie des Chaleurs along the highlands, &c " although that statement is, without doubt strictly true, it is obvious that " this, and many other lin^ may also be so described in their direction, as to be " capable of being discovered, and marked out without creating the inference " that all «uch lines from that circumstance alone are entitled to the distinotion " of becoming boundaries of territorial possessions/' <( f • ,•»*• i: wiS-'ll'Vr'*'^*^*'" J ^""^ *'**".^"''' '^"^ *« ^^^ "^most extent aprree with Mr WellB that lines may be so descr bed as to admif in r „««*«! ^ wun Mr. application totaUydWent from SeTntentT ^ich K ipu:r'i;^^^^^^^ any me which shall contain many of the requiXes rscrfi in he Sov^I Proclamation and the Act of Parliament, may ieverthelew be rejecteSL 3 of^ 1 r 1"^' such rejection. I apprehend, can only occur bf nrdbcoverv of a Ime winch more fuHy conforms to the letter and spirit of thoi documenta^ I selected the Ime North of the Restigouche, and kie des dhaJeurs no^'in consequence of any pre-conceived opinion as to the northern exteSn of th^ thHSio^ "?t V^^"^"^««"«-i^g conviction ttut a^Zfiltt the conditions of the Royal Proclamation and Quebec Act : and Mr WeL h^ not described, nor can he describe any other line which sIm I w/Jr «„)! i .? Mr. We Is refers to many Documents to prove that the point selected bv m. as the western extremity of the Bate des CAaleura, (whicrextreS h7rnT sequently admits to be the point at which the line must commrncTMs ^t ?^^ My error in this iuetonce originated in ignorance that the westernmost .v SLlSc"; f^ 'f,""".'""? «"ce defined and ^clrtoedTy Ih" rJl'^^^^T^^^ ^5- Shoolbred, (quoted by Mr. Wells at Page 40 of his Rp portO which is described as a "Grant in Fief and Seigniory to John Shoolbrpd" t^:^rooZtTt:'^^!i'^^^^ ^^^«' 'y '-^ ^orchiterfaovilttS?' Zi ^f""" ^f^'y ^"^"*' ^'f^^^^S at a boundary line 150 chains East oJ « fit? to ^,: m'^' easternmost Bay of Nouvel Bason.Tunning North! 22 detees Eaat, to the Mountains, (Aence bounded by their course, at an average dZTh ltd fr'^'^T ^'^i T'' ^'^^^ '' '^'^' *«^^» round Nouvel SwTst^ « fZ? fh? '".f '"^" ^ '^*"^"« ^^«t «f t'^^ «^id fi«t mentioned C. bearin; « STh. ft4T '" w'*/''^™^^^ *^^ M'«°««'^^ Poi"*' teing a Sand Bank- " ?2'L acref '' '' '' *^' '"^'^^'^"^ '"*'"* '^*^^ «^^^ ^««t described lands at^i^^fr mTs^^^^^^^ yet mo^ easily dp«Vrrr''' •''f °!u^' existence of this important Document, and from a Renerous dofrr ? '^."J" the most ample justice to Canada, even to a relinSSTf df trBarandl::d1^^^^^^ "%'*/^ '" ^^«*"«^^ ^ P«««^bl" Sr tSe xS^' byl"orrDorcLTeJ"iT^i? *' ^f ^*' '^' ^"''*^"" ^^'^*' ^^ ^^en thus settled cLU admTthnli^^ extremity of the Baie des Chaleurs, I Presses ml n/f^^^^ ^^^"^ ^^\^^^ ^""^ *^^* distinction in Mr. Shoolbred's Grant Cnt forTtTa fJi P'?r ^""^"*"' ''^ * conjunction of waters than Mission viZ^IVL'^AtlV'^^y "! ^"eptive consideration, and which I camiot bn? ■ thl'pT """^^"="^ 0/ '"e matter at issue, that immediately above Missbn Point the River Restigouche, at low ebb tide, is so shaUow as sCel/to fl^ a bik 8 • -. A^a^an.Vtna ihp, PitteAin vou at once come into Salt Sea Water, canoe, whereas on deecenang^heS^^^^^^^ ^ ^^^^^.^^^ ^ fSri 11; te'l;" inration than thb of the terminatiuu of a Bay and ^^rnfyrthert^nmHiit this view isuneq^^^^^^^ not inferior to any that have been produced by Mr. Wells. , ,, „ , In '-The Atlantic Neptune, publiBhed" (1791) "for the u,e of the Royal ». Navy o ofeat Britaln.^y Jo'enh F. W. Des Barren. F;«q;»"^% ""f;/. *^^ "Son of the Right Honomble t\.e Lords Commissiouerfl «f/»'« ff""^!^^' thelTselected b^ me is kid down with sound.ngs. as part of the Baie des Chaleurs.— ^P/'fwrfid?, No. 6. ^ -t e *u The Quebec Act doer not particularly allude to the iVesiern extremity of he Bav of Smleurrbat declares that the Province of Quebec shal be "bounded "tionofthe 7th October 1763." . „ . ., t. Anf Mr Adverting to this Proclamation, and more especially to the ^^^'ifJ'^J^''^ Wells produces an extract from the Speech of Mr. Attorney Genera I hurlow, in Par ament (when debating upon the Quebec Bill,) to prove that the boundaries Tf Canada were b7 that Act an^d previously by the Royal Proclarcation extended to the southward of the ancient limits. , -x, j tK„f w fl,P Rnval New Brunswick is willing to admit, and has adm tted that by the Royal Procllat on and the Act of Parliament, the boundaries of Canada were estab- ETo for South as to include all persons who had settled upon the tributaries of the St. Lawrence, and consequently the whole extent of such streams, but no ""Tline of demarcation which should thus place within the jurisdiction of Ca- nada Jstreams flowing into its interior, was not less wise th^^jq^^/'^^le a^^^^ exoedient. and in all things conformable to the general policy of Britain, inCnde^t^of the probable necessity for such arrungement by the peculia circumstances under Which Canada had become a British Co ouy. but no such considerations would seem to exist for the extension of that line further South than the sources of all streams that fall into the St. Lawrence. Ttrnustbe self-evident that in an unreclaimed widerness country, through wh ch no Roads have been yet opened, persons will only settle at first upon the margin of streams, as bv these alone can a ready intercourse be obtained with Se more populous settlements of the country from whence such persons had 'TJdti must be equally evident that the Canadian Settlers (and to these alone upon our border would the expediency of annexation to that Province extend,) Saving in view this facility of communication, would scarcely venture to place themselves on the borders of streams flowing towards the Ocean as j'ej J^uld thus encounter an almost invincible obstacle (the portages) m attempting to pass towards the St. Lawrence. , . . ., , .• f„i>o,.,„^ The inference is therefore at least very strong, that ^^^ J^^ ^ekction of a bound- ary which in every point of view would preserve the perfect ^^^grity of Canada, a/d secure even to her remotest native population the advantages which they had anticipated when removing firom the more internal parts of tnat Province Great Britain had acted upon the principle aUuded torn the commencement of the present observations. 9 It would however appoHr that the llinitaneoiw extension of which Mr. T»iurW waa then «p«oking, had little or no reference to the country between Canada and New i^ml^swkk.— Appendix, No. 3. ' Mr. Wells hua pointed out by the Grant to Shoi.lbred, that Ai^A /umln are to be found at M^' nenf^rn fxtrt^mitif of the Huie des (Jhaleurs, on the North aide thereof, both evidently corresponding with the Proclamation referred to. When however tlmt Proclamation was rnii.le, it is well known that the River Metupedmo was very imperfectly represented on the Maps of that day, and was not supposed to luive had its source so far N..r)li.-8.> tlmt ..o South line appeared necessary t. arrive at ti.e Western extremity of the 13ay. This explanation therelore perU-ctly answer the .irKun.out of Mr. Wells as to the Eastern portion of the Uoumlury of .New nmnsv.ick, not beii.^ referred to in ihat document. It •'• t'7-^; f"'l"V: t'»« hiMMands North of the Hestigonche, and to run the niewnch Mr. VV ells admits was ''obviously capable of being discovered and II arked out. I he line therefore is to be followed along the range of highlands atoresaid to the American Boundary line near the sources of the River St. John tiius giving to each Province the whole streams which empty themselves re-' spectively into the St. Lawrence or into the sea. I'he above being the line evidently intended by the Proclamation of 1703, by the Quebec Act, and by every other Document bearing on the subject, it is only necessary to ren.ark on Mr. Wells's Tobique line, that he h.s incfeed taken the full advan age of every highland, hill, and mountain, in th. i.eighbourhood, and has actually, m hjs Map No. I, lemoved " Moose Mountain" ten miles further up the Kiver ht. John, and disposed all the others so as to produce the best effect, and to present a perfect cordon of Hills from Mars' IJill to Dalhousie. Ihe general character of New Brunswick is throughout, unquestionably very rnuch as shown by Mr. Wells in his Map No. I, although he has represented the Hills much higher than they really are. No doubt eminences are to be found on the banks of almost every River in the Province; but I distinctly deny the existence of such a range of mountains as that described by Mr. Wells The accompanying Map will best represent the face of New EtxxMHmck.-^ppendix, I would also remark that Mr. Wells is silent with respect to his reasons for toXlS r westernmost point of Chaleur Bay from Shoolbred's Grant v„ J''^ 5f«n'mi.sioner of Canada lays a peculiar emphasis upon the claims ad- vanced by this Province to lands situate to the Westward of the Meridian of the iVionument and contends with much appearance of sincerity, that if the territory Lnr w P'f f/J ^T^ xt""* * ""^ *^^ ""- originally claimed by the United States, and West of the due North line from the Monument, (which was also to deter- jnine the North West angle of Nova Scotia,) be not the right of Canada, it must be considered a Terra Nova, and belongs to neither Province, but must await a ftnal disposition by the Mother Country. Were not the argument of right so conclusive in favor of this Province, we might be well contented to submit the question of equity to the Home Govern- ZxAT 1 • ^1"'^«^^'^t« awarded to the United States of America by the Treaty ot V\ ashinglon are one and all concessions affecting the interests alone of New^ mmswick In particular the navigation of the River St. John downwards from* ITS source to its mouth is granted ; and however such concession may affect New d^i'ep nf'S ' r ''T Y^ "^ >"fl,"^°c« whatever upon (Canada. Again, the pro- hZ a T'^ .«"d lands so long held by New Brunswick under its origbal clairn^ and relinquished to the United States, when brought within the waters of Jlicfc .TT^' ^"'^ V ?°.°«^«'«d and dealt with as the produce of New Bruns- — y D«t no sach pro viSiOu ia made for its contioi wiule iu Canadian waters. '|r°"' i ? 10 vet those v,«ter8, accoriing to the claim now put forth by Mr. WelU, "tend to rau^ca of aLt 130 miles SonthW from the mtersecfon of the States ""TtZ/t^oicte "fXy wire''wholly unsupported by collateral arguments, JXl IcSvtof tUselves place L claim of New Branswck beyond any ''Tkno«^ not whether it may be ae opinions and m^ientions of the bn a»h?aXTwouirnot have thought it advisable to ongmate th.s mode o. ^f^,r^rtSTh~B?t^i: ?^:^^^^^^^^^^ |d:rpt;sX'ar. ^- ixs st Si .tiittgrrei-: S ZtLZt. SL's brng'lironly to New Bruoswici. and Maine respectively. . The 3rd Article of the Treaty of Washington, is as folic -vs:- : sj-^^tvs;r^rrf i'o/iv» «7rt - * sr vs^ .. River shaU be free^nd open to both Parties, and shall in no way be obstructed " hveitlier that all the prodncc of the forest, in logs, lumber, fmber, boards, " Ives or sh- iSes, or of Lricnlture, not being manufactured, grown on any of .4£:^:r'\rth; State «! Maine watered by the River S^^^^ ..tributa'ries.of which fact 'e^"*":; jf^^if ^ ^ rdX^aid^^^^^^ " shall have free access into and through the earn iviver uim ito . « havia- their source within the State of Maine, to and fr«"|^the sea-port at the «nouSof"he said River Saint John'a. and to and y«-f *«^[^^i« ^^^^ =. River, either by boats, rafts, or o her ^?">^^y^"f . L ^^^j, ^^^^ « Province of New Brunswick, the said produce shall be dealt with as it it were .^ Uie produce of the said Province ; that in like manner the ^"1-^^^-*;^^^^^^^^ "Territory of the upper Saint John, determined by this Treaty *« ^e^^S *« « Her Britannick Ma esty, shall have free access to and through t.i • R^ver for « tWnrodCe in thos' parts where the said River runs wholly through the ' State Sain; "-to^^^^^^^^^ that this agreement shall give m nght to " this Treat L which the GovernmentH, respectively, of ^;^'V 'Ti/L/{ ^mLJy make respecting the navigation of the said River. u>he^e both ^^ banks thereof shall belong to the same Party. * On reference, however, to the grounds of the origi-1 ngbt « N- f-^^^^^^^ # i(, tl'p territory in question, it is necessary to advert to the relations suDsisung l^tw en S^^^^^ MasLhusettsBay, tbe Boundary of which was the Penobscot River, as evidenced b y the Massachusetts Ch a rter. tiation) at Washiugtou Mv. Weils -«„ '^^^^^^^^l t^^^ Canadian (iovernment, and he must con?equently have ''f " *^", ;"'"™^^ ^^^^ the Canadian and intent of every article m the Treaty. It .« aiso "j^^f^'y ^^^ ^^f, f^m^^^^^^^ that Fro- Co™mi8«ioner would have urged the adoptioixo. other language iHic had m B.j^^^^.^^^ vince to poBsess a boua fidu riglit to any laud wsuf-ied \yj *oe sam i-- * '•mmm^J 11 And as the Treaty of 1783 was founded on it, New Brunswick claimed from the first the territory so bounded, South of the Canadian line, and her first settlers took up lands on the River Penobscot. With regard to Possession and Jurisdiction exercised in virtue of that right, it is only necessary to refer to the Documents embodied by Mr. Wells in his Report, which will shew that an attempt to define the Boundary between Canada and New Brunswick was made so long ago as 1785, and again renewed in 1787, when Captain Sproule, the Surveyor General of this Province, was appointed to meet Messrs. Holland and Fiiilay, Commissioners from Canada. The attempt was however then unsuccessful,— the Canadian Commissioners insisting that the line between the Provinces of Quebec and New Brunswick should run from the head of Chaleur Bay along supposed highlands in a westerly direction to the Great Falls on the St. John River, &c. &c. ; and Captain Sproule informing them, that from Geographical knowledge a?id ocular demonstration, his opinion was unalterable, that the Boundary must be sought upon the highlands between Lake Temisquata and the River St. Lawrence. To this assurance they urged among other arguments respecting the impropriety and disadvantages that would attend the fixing a Boundary on the Portage,— that more especialli/ the fixing that limit would materially affect the Boundary between us and the United aates of America, and that a large Territory would thereby be saved or lost to His Majesty. It will be observed that the Commissioners do not deny the existence of a range corresponding to the Act of Parliament for e3tablishing the Province of Quebec, nor attempt to prove the inaccuracy of Captain Sproule's opinion that such range exists between Temisquata and St. Lawrence, but they allege as a general understanding in Canada, that the line should run along the supposed heights of land from Chaleurs Bay to the Great Falls of the River St. John. They did indeed profess in their Report to have actually discovered such highlands between the Great Falls and the Baie des Chaleurs, whicli in reality no not exist— as I caused an exploration to be made some years ago, when it was reported to me to be a level tract of coimtry, highly eligible for settlement and for agricultural pursuits. The Committee of the Executive Council of Canada in 1787 having before them the Report of Mr. Holland, the letter and observations of Captain Sproule, and all other documents referring to the Boundary Line, indirectly admitted the right of this Province to the highlands north of the Restigouche, in the following language : — " On the whole they beg leave to remark that if the Province of New Bruns- " wick may of right claim the sources of Rivers that take their rise on the height " of land which divides the Rivers that empty themselves into the St. Lawrence II from those which fall into the Atlantic Ocean— the ancient limits of this " Government will be curtailed towards New Brunswick, and Seigniories under " Canadian Grants as far back as the years 1623 and 1683, be taken into that 2 Province, besides the Acadians already settled above the Great Falls of St. " John River, and such people as may choose hereafter to settle there, would '' be greatly incommoded if those parts should be included in the Province of *« New Brunswick. Their commercial dealings must be with this Country, for^ " they must, from their situation, be supplied with European and West India' *' commodities from Quebec." (The Committee would have been more correct had they used the word " Sea" instead of the words " Atlantic Ocean.") It will be seen that the Committee unequivocally admit the existence of a height of laud in which is found the sources of Rivers that flow, some into the m 12 sea and others into the River St. Lawrence and that such height of land must be fM north of the Great Falls of the River St. John. '^T^tl. arguments of the Committee it mi^h. jJ^X^rrSyl;^^^^^^^^ if New Brunswick ought not 0/ n^ht « cla m all ^^^ i^J^^^^ .^^ail the Boundary assigned by the R«y^\ P'^«^^;XrCScr;o^ to include any ancient Imits of that Government towards ^^l^r^ZZt^^^ Line Seigniories, &c. under Canadian Grants t^^7*^/^,'^^"^",7't ,« S ^^'^"* °*" should have been placed at the ^^^^^f/^J^J^the pit Tw^^^^ 1684, and consequently more than 60 »"^« ,f,;"^^^^^^^ misapprehen- mittee recommended its location,- secondly, «»at some gr^ ^^J/^f the sion of the facts could alone have ^nf^^ed a belief m th« m ^^ ^^^^^ presumed inconveniences to which the Settlers «" J^.^ . ^ ^^^^ p,^. Sbove the Great Falls, would be «"^J«!'*f^, ^,(,^;"j;^^^^^^^^ vince. It is undeniable that their commercial ^^^]"^J,;*^^' ^^^^^^^ surely sively with this Province ; and as to ««7^"^«"^^^f ,f ^ Jver Te Portagi cannot pretend to put the land carriage from ^^^J^^ .7, I^3,Xer St. John. Mountains, in competition with the -^Jj^ .«-"^f^;Ji*^^^3 ^nseS^el above the And, thirdly, it is incorrect to f «"'"?. *\^5*^",,^'^^^^^^^ ^in.ost wholly persons Great Falls had gone thither from Canada-they were a'ni«s^ ^J wrLd removed'upwards from Settlement^^^^^^^^^ of the population settled in different Districts ot x\ew nruiis period of their expulsion from Nova Scotia. irrelevant to the ^ But admitting the truth of these \^^f^.^^Z'ZZ^eto"^^^ conse- question, which was merely to ascertain ('T thj\reference to u^^^^^^^ ^^^ Vnces) the local position of a Boundary ^^^^^^^^ ^f ^ in the however pertinent the argunients of the Co'nmf t^f^^^^^^ gratuitous British Parliament, while the Quebec Act was still pending, tuey wer g and irrelevant after that Act was passed. .«• ti,p rnmmittee It would appear, however, that the foregoing .f ^-^3;/ t^H^^^^^^^^^^^^ were merely S'esigned as introductory to ^^Jt ^f a^^^^^^^^ ^'^ the Governor General, ^'whether it f «"'f jf .^^^'^J^ted^^^^ .^ Gm^ernments that the Province of Quebec be ^«P^^^^^^^^ t^e head - Brunswick by a line running along the ^^g^^;"^^,^^^^' jl and « of Chaleurs' Bay to the foot of the ''^^^^Xerhl of the Portage or « from thence crossing the River (so as ^^J^'f j^e towl^rt tl^^^^^^ the " carrying place) and continuing in a straight line towards tne " River Chaudiere," &c. ^ j v *i « rnmmittpe was Upon this it may *e remarked, that the Unesuggested^b^^^^^^^^^^ rither identical with that prescribed by the Act of >'"'»'"«"'■ ° ^ „„„. needed no support from *« plea of local """^^^Si^^J ^^S co„rque„tly ventional line, not contemplated by *%*"' °^/J„ °Smi ^ow it >yiU be *place to consider or discuss. flprived to the claims of Canada ^ It is also to be remarked that no support can be derivea ^^ ine cmi by the Grant to Shoolbred. It has ^IZ'^'^X^Z^.'^l^^^^^^^^^ byTs in 1787 respectively, the Government of New ^'"^T^^J.^tSTo^^^^^^^^^ Commissioner, had claimed all the Territory lymgbouth of ^^^J^l^/^l^^^,^, between Lake Temisquata and the ^^^er Saint Lawrence, l^as^^^^^^ Bay, and that such claim was not peremptorily resisted b ^^f^^ot-^^ppen- unquestionably have been done if no douut had existed c' the subject. ^PF^ diXs No. 4. 13 Yet ic 1788 the Goveraor General of Canada granted a large Tract of Land within the part so claimed by this Province. This act of the Canadian Government can therefore no more establieh its claims of right to the jurisdiction than could a contemporaneous Grant, (if such had been made,) of the same land by the Province of New Brunswick prove it a portion of the latter Province. Whatever acts of Jurisdiction might previously have been attempted to be exercised by Canada over the Territory North of the Great Falls were, subse- quently to the Report of the Committee of Council, entirely abandoned, and New Brunswick continued not only to appoint Militia Officers and Magistrates, but the Civil Courts uniformly took cou;nizance of otTences committed there, as is fully proved by the evidence on the Trial of the .^Vmerican Citizens, Hannawell and others in 1832, whereas not a single act of jurisdiction by the Canadian Autho- rities has been there attempted from the year 1792 up to the present instant. That the Acadian Settlers above the Great Falls were alwavs subject to the Government of New Brunswick, is proved by the following testimony of Simon Hebert on the Trial of John Baker in 1828, (on a charge of conspiracy.) at the Supreme Court of New Brunswick : — " I live two miles below Madawaska River. Have lived there forty years " next month, (from 1788 to 1828,) 1 moved there from the (Acadian) French " Village, about ten miles above Fredericton. I have a Grant of my land from " this Province— It is the first Grant in the Madawaska, and was made about " two or three years after I moved up. I live under this Government, (New " Brunswick,) and have always lived under it. All the Madawaska Settlers " live under the same Gmernment. I vote at Elections. The same observations with regard to Settlements belonging to New Bruns- wick will apply to the North side of the Restigouche River above the Western extremity of the Bay. I visited many of them and found amongst them several who were born in New Brunswick, and had left the Southern part of the Pro- vince. Others of Irish and Scottish birth who had previously lived in other parts of this Province, and had moved up some years ago. The French settled along the Bay of Chaleur and the Gulf Shores of New Brunswick, are not of Canadian but of Acadian origin. Mr. Wells cannot therefore justly clainj them as Cana- dians, nor infer, from the fact, that during the dispute with the United States on the Boundary question, New Brunswick refrained from raising any question as to the occupancy of the left Bank of the Restigouche, (which above Meta- pediac is but thinly settled,) that this Government relinquished its claim to the Territory ; for if New Brunswick exercised no active jurisdiction there, it 18 certain that Canada did not, as the Settlers did not seem to know to whether Province they belonged. The Winter of 1828-9 being unusually eariy on the Upper St. John Country, im Crops partially failed, and it was represented to the Government of this Province in 1829, that many of the poor settlers were in a state of starvation. I was in consequence sent up to minister to their relief, and distributed food among all who required it, and extended the Provincial Bounty not only as far as the farthest settlers on the River St. John, but also on the Madawaska, but I have never learned that on that occasion, any appeal was made to Canada, nor relief afforded by it to the settlers on the land which it now claims. During the troubles with the United States in 1838 and 1839, connected with this identical territory now claimed by Canada, that Province took no interest whatever in the matter, and all the expenses which were not borne by Great Britain were pe uJ ly New Brunswick. At that eventiui period— when Nova Scotia although ceasing long since to be directly interested in the dispute, but aware of the original right which existed to nw>«c3i?li IW 14 Brunswick in mamtaining »*«JT*J,X^^ aWugb it would ^-at :;;a« that c^r^^^x:^^^ ^hich she no'w claims, and -Jf^^^^^^^'^ of the population, she has or of domestic jurisdiction ^"^. P^^^^Jj^^^^ ^pon to interfere, but has tacitly "TpSr left r ^Se^'mafa^rrif theUntry to the government to which the f erritory «f "^^^^tTl humbly conceive, tend to prove that in the The foregoing observations, ^»j^ ^^^J^^ p„ Canada and New Brunswick, a original description of the Boun^^J^Sed the same, with the view no certain principle g^^"^^ ^J^/^^ee ,e^^^^^^^ advantages and mutual con- doubt " to secure to each P^^,^^ ° 'nv "--and that the line pointed out m venience, and promote peace «f ^^^X^desired end, circumscribing as it does *X'tS;t t^s^^^hKr^^^^ through our acknowledged '^tre^undary moreover agrees so p^^^^^^^^^ the very letter of tV^^ P^^^^^^^^^^^jLJS «" *^'^' '^^^'''' *^'' ^ ^""^ •'"'"'' as with the many other I^^^"'"^,"*'^^^^^ of the delineation. that any unprejudiced Pe"«" 7" ^f ™'S,t^^^^^^^ by Mr. Wells. He crosses he Let is now take a view of the hue c^sc^^^^^ y ^ ^^^^^ ^^ , the Bale des Chaleur. ^^"^ *^^ J",f3iSrt^;roug^ the centre of one o our Shire slightest right o^,^^"^J*' r4eCruDon wWch we have exercised jurisdiction J-s^TtL^.-^^^^^^ ' J^S&VSf^rntK'^SgSSprcvin.^ 12,082 ^IrStnrtrrtSr^^^^^^^^ ^-K, 200milesbelow ^:X line founded upon ae^prm^^^^^^ he-'leTteV of the Proclamation oJlJ^^^^Xred to n ;h;" coni^oversy ? ^^ other document which has been or c^^J^^/"^^^^ ^jth each and every of those Is it not, on the contrary, a Boundary ^t J^^Xfrning as he does in addition to documents and equally so with common sense cl^^^^^^^ ^^^ ^^^^ ^^ ^^^ the Territory 6900 i°lf ^t^" Vthem are French in their extraction, they are Province, and although some of t'^f/" "^ "^^^^^ not Canadians but Accdians ^^^J^^^^^^ ^'^^eE^s^rn parts of the ancient parte of New Brunswick, removed «'^i^*"^^^^ ^i^j^ ^e comprise few, if any Xcadia, (the present Nova Scotia,) whde ^jr ^ c^a v^ ^^ ^^^^^^ ^^^ of the inhabitente who ^f ve at aj J^n? In^edjna^^^^^ ^ ^^ THOS. BAILUE. # of the New to the nrould 11 sup- •ritory ower : lie has tacitly ent to in the eick, a ew no il con- out iu it does, pledged ut with as well [\vinced sses the has the ar Shire isdiction d of the wledgtd L 12,082 le Act of St. John ies below likely to >" Does ? Does i spirit or r of any y of those addition to vB of this I, they are in various he ancient few, if any Canada, for Territory, isted. LUE. 15 APPENDIX No. 1. Extract from the Grant of Nova Scotia in A. D. 1621, by King James Ut to Sir William Alexander. " Omnes et singula* terras continentis, ac insulas situatas et jacentes in Ame- «* ricA intra caput sen promontorium communiter Cap de Sable appellat. Jacen. " prope latitudlnem quadraginta trium giaduum auteo circa ab equinoctiali lined " versus Septentrionem, A quo promontorio versus littus maris tenden ad occi- ♦• dentem ad stationem Sanctse Marise navium vulgo Sanctmareis Bay. Et " deinceps, versus Septentrionem per directam linear.? introitum sive ostium •' magnae illius statioms navium trajicien, quae excarrft in terre orientalem pla- " gam inter regiones Suriquorum et Etcheminorum, vulgo Suriquois et Etche- " mines ad fluvium vulgo nomine Sanctae Crucis appellat. Et ad scaturiginem " remotissimam sive fontem ex occidentali parte ejusdem qui se primum predict© " Huvio iramiacet. Unde per imaginariam directam Lineam quw pergere per " terram seu ourrere versus Septentrionem concipietur ad proximam navium « Stationem, fluvium vel Scaturiginem in magno fluvio de Canada sese exone- " rantem, -Et ab eo pergendo versus orientem per maris oris litterales ejusdem " fluvii de Canada ad fluvium stationem navium portum aut littus communiter " nomine de Gathepe vel Gaspee notum et wppellatum." The following has been already submitted to the British Government by Col. Mudge and Mr. Featherstonhaugh as a literal translation of the above extract : "All and each of the lands of the Continent, and the Islands situated and " lying in JVmerica within the head land or promontory commonly called Cape " Sable, lying near the forty third degree of latitude from the equinoctial line, or " thereabouts. From which promontory stretching westwardly towards the " north by the sea shore to the Naval Station of St. Mary, commonly called St. '* Mary's Bay. From thence passing towards the north by a straight line, the •♦Entrance or mouth of that great Naval Station which penetrates the interior of " the eastern shore betwixt the Countries of the Souriquois and the Etchemins, " to the River rommonly called the St. Croix, and to the most remote source or " spring of the same on the western side which first mingles itself with tha " aforesaid River. From whence by an imaginary straight line wh'-h may be " supposed to advance into the Country, or to run towards the north to the " nearest Naval Station, River, or Spring, discharging itself into the great River* " of Canada. And from thence advancing towards the east by the Gulf shores '' of the said River of Canada, to the River, Naval Station, Port, or Shore " (commonly known or called by the name of Gathepe or Gasp^." HOiS'w'Wp&t*^ -■ APPENDIX No. 2. Extract from part 2 of « Correspondence relating to the Boundary between the " British Possessions in North America and the United States of America '' under the Treaty of 1783:' Page } 3. * " We also find proofs that in various concessions made by the Crown of France " m ancient time^, ch&t all its grants made further to the North than the limits " of the patent of ,), Monts, were placed within the jurisdiction of the Castle of *• Saint Louis at Quebec, from whence the inference may be fairly drawn, that " the country North of the 46th parallel was considered at all times to be wiiin " the jurisdiction of Quebec. We shall quote a passage from one of these grints " before we enter upon this branch of the subject in more detail. " * C^ession de M. De laBarre, Gouverneur de Canada, et M. de Metils. " * Intenl^t de laUouvelle France, h Renettl'Amours, Sieur de Aignancourt^ • • de terres d la Riviere de Saint Jean pr^s de Medcotet, du 20 SoptQmlire 16111'' * ■^» I*^: . ga Maje8t6, au v.u--v»- ' The Grant i» onaer- briugs the lowest an? ^ APPENDIX, No^a^ ^^ ^^ ^^^^,,, ,,«rf^g Lord North. w t»VM in no countriM • " N«t Sir- « to the « »^/X,, tat rfCS-"' " ™'"'"'^« ..„gul.rly ?^"^f^/y government but *»' ?/ *^ ^^iCnex IV.™ uSr « the present g^>^"""*''"*„ J'l and Colonies of them ? ^ .^j.^^. APPEN DIX ^'«;/- s^^,,ey'* ^,„, b„ ,,1« ^(►4 K.«fe' Bllel of nage A I, le 20 [» nn^er- tbe46» e. This reading from the ind 289. the mere Minister, onsidered B Govern- Hudson's aortal caa countries f posts, at )moian&»g hem under nt ? or will west incon- uebec, &c." r General of %l of Quebec, and the dis- vince; surely or line settled Act expresrfy b of land sepa- that fall into iselves by the 9 Sea, rende,*8 want of know- tog the houn # \ •k. \t . V :i - ■ -( ,». 4> ' ^» A^.^ UPPER P^JRT of #i THE BAT OF C If ALEITRS , jroni the CMAET OF J.F n\JiK.S B^LIJIES' ;: J'uhUshed under the dirt^ch'ons o/' /A(^ RiGUTmilvt! LOiBS camimamM or thk Slaiilte Miles. ■v-i-} VTT 2 I I I L J 4 .5 6 7 « _1 1 1 1 5 \u II ''.■ i