^jà^minOT 
 
 ON THE PART OF 
 
 THE UIITED STATES, 
 
 OF THE CASE REFERRED. 
 
 IN PURSUANCE OF THE 
 
 CONVENTION OF 29TH SEPTEMBER, 1827. 
 
 BETWEEN THE SAID STATES AND 
 
 GREAT BRITAIN, 
 
 TO HIS MAJESTY, 
 
 THE KING OF THE NETHERLANDS, 
 
 FOR HIS DECISION THEREON. 
 
 PRINTED, BUT NOT PUBLISHED. 
 
 WASHINGTON 
 
 PRINTED AT THE OFFICE OF THE UNITED STATES' TELEGRAPH. 
 
 1829. 
 

 ^&m^mmT§* 
 
 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 Boundaries, as established by former authentic acts, - 14 
 § 3. The Ancient Boundaries confirmed by the Treaty, - - - -22 
 
 § 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 
 
 II. North-westernmost Head of Connecticut River, - - - - - - 37 
 
 III. Boundary Line from the Connecticut River to the River St. Lawrence, - - 41 
 
UEf'INlOX OF THE ARBITER. 
 
 Nous GUILLAUME, par hi grace de Dieu, Hoi des Pays-Bas, Prince <POrange-Nasst 
 
 Grand Due de Luxembourg, i,-e. 6,-e. $e. 
 
 Avail* accepté les fonctions d'Arbitrateur, qui Nous ont été conférées par la note du jntro<' 
 Chargé d' affaires des Etats Unis d'Amérique, et parcellede L'Ambassadeur Extraordinaire 
 et Plénipotentiaire de la Grande Bretagne, à Notre Ministre des Affaires Etrangères,en dal 
 du 1? Janvier IS-Î9. d'après Part: V. du traité de Gand, du 24 Décembre 181 4, et l'art: I. 
 de la convention conclue entre ces Pu à Londres le 29 Septembre 1807, dans le 
 
 différend, qui s'est élevé entre Elles au sujet des limites de leur possessions respectives: 
 
 Animés du désir sincère de répondre par une decision scrupuleuse, et impartiale à la 
 confiance, qu'Elles Nous ont témoignée, et de leur donner ainsi un nouveau gage du haul 
 prix que Nous y attachons: 
 
 Ayant à cet effet dûment examiné, et mûrement pesé le contenu du Premier Exposé, 
 ainsi (pie de l'Exposé Définitif du dit différend, que Nous ont respectivement remis le pre- 
 mier Avril de l'année 1850 l'Envoyé Extraordinaire et Ministre Plénipotentiaire des Etats 
 Unis d'Amérique, et l'Ambassadeur Extraordinaire et Plénipotentiaire de sa Majesté Bri 
 tannique, avec toutes les pièces, qui y ont été jointes à l'appui: 
 
 Voulant accomplir aujourd'hui les obligations, que Nous venons de contracter par 
 l'acceptation des fonctions d'Arbitrateur dans le susdit différend, en portant à la connais- 
 sance des deux Hautes Parties Intéressées le résultat de Notre examen, et Notre opinion sui 
 le? trois points, dans lesquels se divise, de leur commun accord, la contestation: 
 
 Considérant, que les trois points précités doivent être jugés d'après les traités, actes 
 et conventions conclus entre les deux Puissances, savoir, le traité de paix de 1783, le traite 
 d'amitié, de commerce et de navigation de 1794, la déclaration relative à la rivière Ste. 
 Croix de 1798, le traité de paix signé à Gand en 1814, la convention du 29 Septembre 
 1827, et la carte de Mitchell, et la carte A, citées dans cette convention: 
 
 Déclarons, que: 
 
 Quant au premier point, savoir, la question, quel est l'endroit désigné dans les traités, Nort , 
 comme l'Angle Nord-Ouest de la Nouvelle Ecosse, et quels sont les highlands séparant §c ? 
 les rivière.-, qui se déchargent dans le fleuve St. Laurent, de celles tombant dans l'Océan 
 Atlantique, le long desquels doit être tirée la ligne de limites depuis ngle jusqu'à la 
 
 source Nord-Ouest de la rivière Connecticut: 
 
 Considérant: 
 
 Que les Hautes Parties Intéressées réclament respectivement cette ligne de limites au 
 midi et au nord de la rivière St. John, et ont indiqué chacune sur la carte A. la ligne, 
 qu'elles demandent: 
 
Arbiter's De- Considérant : 
 
 cision. ^ ue sl1oji j cg exem p] e3 allègues, le terme highlands s'applique non seulement u un 
 
 Northwest pa y S mon tueux ou élevé, mais encore à un terrain, qui, sans être montueux, sépare des 
 va Scotia. eaux coulant dans une direction différente, et qu'ainsi le caractère plus ou moins mon- 
 tueux et élevé du pays, à travers lequel sont tirées les deux lignes respectivement récla- 
 mées au nord et au midi de la rivière St. John, ne saurait faire la base d'une option entru- 
 elles: 
 
 Que le texte du second article du traité de paix de 1783 reproduit en partie les ex- 
 pressions, dont on s'est antérieurement servi dans la Proclamation de 1763, et dans l'Acte 
 de Quebec de 1774, pour indiquer les limites méridionales du Gouvernement de Québec, 
 depuis le lac Champlain, " in forty-five degrees of north latitude along the highlands, which 
 «'divide the rivers that empty themselves into the river St. Lawrence from those which 
 " fall into the sea, and also along the north coast of the bay des Chaleurs:" 
 
 Qu'en 1763, 1765, 1773, et 1782, il a été établi, que la Nouvelle Ecosse serait bornée 
 au nord, jusqu'à l'extrémité occidentale de la baie des Chaleurs, par la limite méridionale 
 de la province de Québec; que cette délimitation se retrouve pour la province de Québec 
 dans la commission du Gouverneur Général de Québec de 1786, où l'on a fait usage de* 
 termes de la Proclamation de 1763, et de l'Acte de Québec de 1774; et dans les Commis- 
 sions de 1786, et postérieures, des Gouverneurs du Nouveau Brunswick pour cette dernière 
 province, ainsi que dans un grand nombre de cartes antérieures et postérieures au traité de 
 1783; et que l'article premier du dit traité cite nominativement les Etats, dont l'indé- 
 pendance est reconnue: 
 
 Mais que cette mention n'implique point l'entière coïncidence des limites entre les 
 deux Puissances, réglées par l'article suivant, avec l'ancienne délimitation des provinces 
 Anglaises, dont le maintien n'est pas mentionné dans le traité de 1783, et qui par ses va- 
 riations continuelles, et par l'incertitude, qui continua d'exister à son égard provoqua de 
 temps à autre des différends entre les autorités provinciales: 
 
 Qu'il résulte de la ligne tirée par le traité de 1783 à travers les grands lacs à l'ouest 
 du fleuve St. Laurent, une déviation des anciennes chartes provinciales, en ce qui concerne 
 
 les limites: 
 
 Qu'on chercherait en vain à s'expliquer, pourquoi, si l'on entendait maintenir l'an- 
 eienne délimitation provinciale, l'on a précisément fait usage dans la négociation de 1783 
 de la carte de Mitchell, publiée en 1755, et par conséquent antérieure à la Proclamation 
 de 1763, et à l'Acte de Québec de 1774: 
 
 Que la Grande Bretagne proposa d'abord la rivière Piscataqua pour limite à l'est de? 
 Etats Unis, et ensuite n'accepta pas la proposition de faire fixer plus tard la limite du 
 Maine, ou de Massachusetts Bay: 
 
 Que le traité de Gand stipula un nouvel examen sur les lieux, lequel ne pouvait s'ap- 
 pliquer à une limite historique, ou administrative; 
 
 Et que dès lors l'ancienne délimitation des provinces Anglaises n'offre pas non plus une 
 
 base de décision: 
 
 Que la longitude de l'angle Nord-Ouest de la Nouvelle Ecosse, laquelle doit coïncider 
 avec celle de la source de la rivière Ste. Croix, fut seulement fixée par la Déclaration de 
 1798, qui indiqua cette rivière: 
 
 Que le traité d'amitié, de commerce et de navigation de 1794 mentionne le doute, qui 
 s'était élevé à l'égard de la rivière Ste. Croix, et que les premières instructions du Congrès 
 lors des négociations, dont résulta le traité de 1783, placent le dit angle à la source de la 
 rivière St. John: 
 
 Que la latitude de cet angle se trouve sur les bords du St. Laurent selon la carte de 
 Mitchell, reconnue pour avoir réglé le travail combiné et officiel des négociateurs du 
 
 2 
 
8 
 
 traité de 1783, au lieu qu'en vertu de la délimitation du Gouvernemenl de Québec, l'on Arbiter'sDe» 
 devrait la chercher aux highlands séparant les rivières, qui se déchargent dans la rivière St. cisio "' 
 Laurent, de celles tombant dans la mer: Northwesi 
 
 Que lanature du terrain à l'est de l'angle précité n'ayant pas été indiquée dans le Irai- va"icotL N ' 
 té de 1783, il ne s'en laisse pas tirer d'argument pour le fixer de préférence dans tel endroit 
 plutôt que dans un autre: 
 
 Qu'au surplus, si l'on croyait devoir le rapprocher de la source de la rivière Ste. Croix, 
 et le chercher par exemple à Mars-hill, il serait d'autant plus possible, que la limite du 
 Nouveau Brunswick tirée de là au Nord-Est donnât à cette province plusieurs Angle? Nord 
 Ouest, situés davantage au nord, et à l'est selon leur plus grand éloignement de Mars 
 hill, que le nombre de dégrés de l'angle mentionné dans le traité a été passé sous silence 
 
 Que par conséquent l'angle Nord-Ouest de la Nouvelle Ecosse, dont il est ici ques 
 tion, ayant été inconnu en 1783, et le traité de Gand l'ayant encore déclaré non constaté* 
 la mention de cet angle historique dans le traité de 1783 doit être considérée comme une 
 pétition de principe, qui ne présente aucune base de décision, tandis que si on l'envisage 
 comme un point topographique, eu égard à la définition, " viz., that angle, which is formed 
 " by a line drawn due north from the source of the St. Croix river to the highlands,'' il 
 forme simplement l'extrémité de la ligne '-along the said highlands, which divide those 
 "rivers that emptv themselves into the river St. Lawrence from those which fall into 
 " the Atlantic Ocean;" — extrémité que la mention de l'angle Nord-Ouest de la Nouvelle 
 Ecosse ne. contribue pas à constater, et qui, étant à trouver elle même, ne saurait mener à 
 la découverte de la ligne, qu'elle termine: 
 
 Enfin que les argumens tirés des droits de souveraineté exercés sur le fief de Madawas 
 ka, et sur le Madawaska Settlement, admis même que cet exercice fut suffisamment prouvé, 
 ne peuvent point decider la question, par la raison que ces deux établissemens n'embrassent 
 qu'un terrain partiel de celui en lilige; que les Hautes Parties Intéressées ont reconnu le 
 pays situé entre les lignes respectivement réclamées par Elles, comme fesant un objet de 
 contestation, et qu'ainsi la possession ne saurait être censée déroger au droit; et que si l'on 
 écarte l'ancienne délimitation des provinces alléguée en faveur de la ligne réclamée au 
 nord de la riviere St. John, et spécialement celle mentionnée dans la Proclamation de 
 1763, et dans l'Acte de Québec de 1774, l'on ne saurait admettre à l'appui de la ligne de- 
 mandée au midi de la rivière St. John, des argumens tendant à prouver que telle partie du 
 terrain litigieux appartient au Canada, ou au Nouveau Brunswick: 
 
 Considérant : 
 
 Que la question, dépouillée des argumens non décisifs tirés du caractère plus ou 
 moins montueux du terrain, de l'ancienne délimitation des provinces, de l'angle Nord 
 Ouest de la Nouvelle Ecosse, et de l'état de possession, se réduit en dernière analyse à 
 celles-ci: — quelle est la ligne tirée droit au nord depuis la source de la rivière Ste. Croix; et 
 quel est le terrain, n'importe qu'il soit montueux et élevé ou non, qui, depuis cette ligne 
 jusqu'à la source Nord-Ouest de la riviere Connecticut, sépare les rivières se déchargeant 
 dans le fleuve St. Laurent, de celles, qui tombent dans l'Océan Atlantique; que les Hautes 
 Parties Intéressées ne sont d'accord que sur la circonstance, que la limite à trouver doit 
 être déterminée par une telle ligne, et par un tel terrain; qu'Elles le sont encore, depuis la 
 Declaration de 1798, sur la réponse à faire à la premiere question, à l'exception de la lati- 
 tude à laquelle la ligne tirée droit au nord de la source de la riviere Ste. Croix doit se 
 terminer; que cette latitude coïncide avec l'extrémité du terrain qui. depuis cette ligne jus- 
 qu'à la source Nord-Ouest de la rivière Connecticut, sépare les rivières, se déchargeant 
 dans le fleuve St. Laurent de celles qui tombent dans l'Océan Atlantique; et que dès loi- 
 il ne reste, qu'à determiner ce terrain: 
 
\ , . >sDe- Qu'en se livrant à cette opération, on trouve d'un côté; 
 
 '''"'""• D'abord, que si par l'adoption de la ligne réclamée au nord de la rivière St. John, la 
 
 Northwest (; nnu | e Bretagne ne pourrait pas être estimée obtenir un terrain de moindre valeur, que si 
 Vnffle of No- . ., „ , . , , . .. , 
 
 otia. elle eut accepté en 1783 la rivière St. John pour frontière, eu égard a la situation du paj - 
 
 entre les rivières St. John et Ste. Croix dans le voisinage de la mer, et à la possession des 
 deux rives de la rivière St. John dans la dernière partie de son cours, cette compensation 
 serait cependant détruite par l'interruption de la communication entre le Bas Canada, et 
 le Nouveau Brunswick, spécialement entre Québec et Fredericton, et qu'on chercherait 
 vainement, quels motifs auraient déterminé la Cour de Londres ii consentir à une sembla- 
 ble interruption: 
 
 Que si, en second lieu, en opposition aux rivières se déchargeant dans le fleuve St. 
 Laurent, on aurait convenablement, d'après le langage usité en géographie, pu comprendre 
 les rivieres tombant dans les haies de Fundv et des Chaleurs, avec celle se jettant directe- 
 ment dans l'Océan Atlantique, dans la dénomination générique de rivières tombant dans 
 l'Océan Atlantique, il serait hasardeux de ranger dans l'espèce parmi cette catégorie les 
 rivieres St. John et Ristigouche, que la ligne réclamée au nord de la rivière St. John sé- 
 pare immédiatement des lisières se déchargeant dans le fleuve St. Laurent, non pas avec 
 d'autres rivières coulant dans l'Océan Atlantique, mais seules, et d'appliquer ainsi, en 
 interprétant la d< limitation fixée par un traité, où chaque expression doit compter, à deux 
 cas exclusivement spéciaux, et où il ne s'agit pas du genre, une expression générique, qui 
 leur assignerait un sens plus large, ou qui, étendue aux Scoudiac Lakes, Penobscot et Kene- 
 bec,qùise jettent directement dans l'Océan Atlantique, établirait le principe, que le traité 
 de ITS.", a entendu des higldaruîs séparant, aussi bien médiatement qu'immédiatement, les 
 rivières se déchargeant dans le fleuve St. Laurent, de relies, qui tombent dans l'Océan 
 Ulantique — principe également réalisé par les deux lignes: 
 
 Troisièmement, que la ligne réclamée au nord delà rivière St. John ne sépare pas, 
 même immédiatement, les lisières se déchargeant dans le fleuve St. Lament, des rivières 
 St. John et Ristigouche, mais seulement des rivières, qui se jettent dans le St. John et 
 Ristigouche, à l'exception de la dernière partie de cette ligne près des sources de la 
 riviere St. John; et qu'ainsi pour arriver à l'Océan Atlantique les rivières séparées par 
 cette ligne de celle se déchargeant dans le fleuve St. Laurent, ont chacune besoin de deux 
 intermédiaires, savoir, les unes de la rivière St. John, et de la baie Fundv. et les autres de 
 la rivière Ristigouche, et de la baie des Chaleurs. 
 Et de 1' autre; 
 
 Qu'on ne peut expliquer suffisamment, comment si les Hautes Parties Contractantes 
 ont entendu établir en 1 78S la limite au midi de la rivière St. John, cette rivière, à laquelle 
 le terrain litigieux doit en grande partie son caractère distinctif, a été neutralisée, et 
 mise hors de cause: 
 
 Que le verbe -divide" parait exiger la contiguïté des objets, qui doivent être " di- 
 vided:" 
 
 Que ladite limite forme seulement à son extrémité occidentale la séparation immédiate 
 entre la rivière Mettjarmette, et la source Nord-Ouest du Penobscot, et ne sépare que 
 médiatement les rivières se déchargeant dans le fleuve St. Laurent, des eaux du Kennebec, 
 du Penobscot, et des Scoudiac Lakes, tandis que la limite réclamée au nord de la rivière 
 St. John sépare immédiatement les eaux des rivières Ristigouche et Si. John, et médiate- 
 ment les Scoudiac Lakes et les eaux des rivières Penobscot et Kennebec, des rivières se 
 déchargeant dans le fleuve St. Laurent, savoir, les rivières Beaver, Metis, Rimousky, Trois 
 Pistoles, Green, du Loup. Kamouraska, Quelle, Bias St. Nicholas, du Sud. la Famine et 
 Chaudière: 
 
 Que même en mettant hors île cause les rivières Ristigouche et St. John, par le motif, 
 qu'elles ne pourraient être censées tomber dans l'Océan Atlantique, la ligne s. ptentrionale 
 
se trouverait encore aussi près des Scoudiac Lakes, et des eaux du Penobscot, et du Keune- ArbitéFa Dr 
 
 bec, que la ligne méridionale des rivières Beaver, Metis, Rimous!<y et autres, se déchar- 
 
 géant dans le fleuve St. Laurent, et formerait aussi bien que l'autre une séparation médiate v '' 
 entre celles-ci, et les rivières tombant dans l'Océan Atlantique; vaScotia % 
 
 Que la rencontre antérieure de la limite méridionale, lorsque de la source de la rivière 
 Ste. Croix, on tire une ligne au nord, pourrait seulement lui assurer un avantage aci essoire 
 sur l'autre, dans le cas où l'une et l'autre limite réunissent au même degré les qualités 
 exigées par les traités; 
 
 Et que le sort assigné par celui de 1783 au Connecticut, et au St. Laurent même, 
 écarte la supposition que les deux Puissances auraient voulu faire tomber la totalité de 
 chaque rivière, depuis son origine jusqu'à son embouchure, en partage à l'une, ou à 
 l'autre: 
 
 Considérant : 
 
 Que d'après ce qui précède, les argumens allégués de part et d'autre, et les pièces 
 exhibées à l'appui, ne peuvent être estimés assez prépondérans pour déterminer la préfér- 
 ence en faveur d'une des deux lignes respectivement réclamées par les Hautes Partie- 
 Intéressées, comme limites de leur possessions depuis la source de la rivière Ste. Croix 
 jusqu'à la source Nord-Ouest de la rivière Connecticut; et que la nature du différend, ei 
 les stipulations vagues et non suffisamment déterminées du traité de 1783, n'admettent pas 
 d'adjuger l'une on l'autre de ces lignes à l'une des dites Parties, sans blesser les prin- 
 cipes du droit, et de l'équité envers l'autre: 
 
 Considérant : 
 
 Que la question se réduit, comme il a été exprimé ci-dessus, à un choix à faire du ter- 
 rain séparant les ri\ ières, se déchargeant dans le fleuve St. Laurent de celles qui tombenl 
 dans l'Océan Atlantique; que les Hautes Parties Intéressées se sont entendues à l'égard 
 du cours des eaux, indiqué de commun accord sur la Carte A, et présentant le seul élément 
 de décision; 
 
 Et que, dés-lors, les circonstances dont dépend cette décision ne sauraient être cclair- 
 cies davantage, au moyen de nouvelles recherches topographiques, ni par la production de 
 pièces nouvelles; 
 
 Nous sommes d'avis: 
 
 Qu'il conviendra d'adopter pour limite des deux Etats une ligne tirée droit au nord 
 depuis la source de la rivière Ste. Croix jusqu'au point où elle coupe le milieu du thalweg 
 de la rivière St. John: de là, le milieu du thalweg de cette rivière, en la remontant, jusqu'au 
 point où la rivière St. Francis se décharge dans la rivière St. John; de là, le milieu du thal- 
 weg de la rivière St. Francis, en la remontant, jusqu'à la source de sa branche la plus 
 sud-ouest, laquelle source Nous indiquons sur la Carte A par la lettre X, authentiquée par 
 la signature de Notre Ministre des Affaires Etrangères; de là, une ligne tirée droit à l'ouest, 
 jusqu'au point où elle se réunit à la ligne réclamée par les Etats Unis d'Amérique, et 
 tracée sur la Carte A; de là, cette ligne, jusqu'au point où, d'après cette carte, elle 
 coïncide avec celle demandée par la Grande Bretagne; et de là, la ligne indiquée sur la dite 
 carte par les deux Puissances, jusqu'à la source la plus Nord-Ouest de la rivière Con- 
 necticut. 
 
 Quant au second point, savoir, la question, quelle est la source la plus Nord-Ouest Northwest- 
 
 ernmosthead 
 (Jyortfi westernmost head) de la rivière Connecticut: of Connecti- 
 
 cut river. 
 Considérant: 
 
 Que, pour résoudre cette question, il s'agit d'opter entre la rivière de Connecticut 
 
 Lake, Perry's Stream, Indian Stream, et Hall's Stream : 
 
 o 
 
Arbiter's De- Considérant: 
 
 ' Que, d'après l'usage adopté en géographie, la source et le lit d"une riviere sont indi- 
 
 Northwest- q U ^ s p ar | e nom j e j a r i v iere attaché à cette source et à ce lit, et par leur plus grande ini- 
 
 of Connecti- portance relative, comparée à celle d'autres eaux communiquant avec cette rivière: 
 
 eut river. 
 
 Considérant: 
 
 Qu'une lettre officielle de 1772 mentionne déjà le nom de Hall's Brook; et que dans 
 une lettre officielle postérieure, de la même année, du même Inspecteur, on trouve Hall's 
 Brook représenté comme une petite rivière tombant dans le Connecticut; 
 
 Que la rivière dans laquelle se trouve Connecticut Lake, parait plus considérable que 
 Hall's, Indian ou Perry's Stream; que le Connecticut Lake, et les deux lacs situés au nord 
 de celui-ci, semblent lui assigner un plus grand volume d'eau qu'aux trois autres rivières; 
 et qu'en l'admettant comme le lit du Connecticut, on prolonge davantage ce. fleuve que 
 si l'on donnait la préférence à une de ces trois autres rivières; 
 
 Enfin que la carte A ayant été reconnue dans la convention de 1827 comme indiquant 
 le cours des eaux, l'autorité de cette carte semble s'étendre également à leur dénomina- 
 tion, vu qu'en cas de contestation tel nom de rivière, ou de lac, sur lequel on n'eût pas été 
 d'accord, eût pu avoir été omis; que la dite carte mentionne Connecticut Lake, et que le 
 nom de Connecticut Lake, implique l'application du nom Connecticut à la rivière, qui tra- 
 verse le dit lac: 
 
 Nous sommes d'avis: 
 
 Que le ruisseau situé le plus au nord-ouest de ceux, qui coulent dans le plus septen- 
 trional des trois lacs, dont le dernier porte le nom de Connecticut Lake, doit être considéré 
 comme la source la plus Nord-ouest ( Northwesternmost head) du Connecticut. 
 
 Parallel of ^ 1 uan *- au troisième point, savoir, la question, quelle est la limite à tracer depuis la 
 
 the 45th de- rivière Connecticut le lon<r du parallèle du 45e degré de latitude septentrionale, jusqu'au 
 grée of North a \ i J 1 
 
 latitude. fleuve St. Laurent, nommé dans les traités Iroquois, ou Cataraguy: 
 
 Considérant : 
 
 Que les Hautes Parties Intéressées diffèrent d'opinion, sur la question de savoir si les 
 traités exigent un nouveau levé de toute la ligne de limite depuis la rivière Connecticut jus- 
 qu'au fleuve St. Laurent, nommé dans les traités Iroquois ou Cataraguy, ou bien seule- 
 ment le complément des anciens levés provinciaux: 
 
 Considérant : 
 
 Que le cinquième article du traité de Gand de 1814, ne stipule point, qu'on lèvera 
 telle partie des limites, qui n'aurait pas été levée jusqu'ici, mais déclare que les limites 
 n'ont pas été levées, et établit qu'elles le seront; 
 
 Qu'en effet ce levé, dans les rapports entre les deux Puissances, doit être censé 
 n'avoir pas eu lieu depuis le Connecticut jusqu'à la rivière St. Laurent, nommée dans les 
 traités Iroquois ou Cataraguy, vu que l'ancien levé s'est trouvé inexact, et avait été or- 
 donné non par les deux Puissances, d'un commun accord, mais par les anciennes autorités 
 provinciales; 
 
 Qu'il est d'usage de suivre, en fixant la latitude, le principe de latitude observée; 
 
 Et que le Governement des Etats Unis d'Amérique a établi certaines fortifications 
 à l'endroit dit Rouse's Point, dans la persuasion, que le terrain fesait partie de leur territoire, 
 — persuasion suffisamment légitimée par la ligne réputée jusqu'alors correspondre avec !>• 
 45e degré de latitude septentrionale: 
 
Nous sommes d'avis: . , ... , „ 
 
 Arbiter's Be> 
 
 Qu'il conviendra de procéder à de nouvelles opérations pour mesurer la latitude obser- ci, '° n ' 
 vée, afin de tracer la limite depuis la rivière Connecticut, le long du parallèle du 45e dé- 
 gré de latitude septentrionale, jusqu'au fleuve St. Laurent, nommé dans les traités Iroquois 
 ou Cataraguy; de manière, cependant, qu'en tout cas, à l'endroit dit Rouse's Point, le ten i 
 toire des Etats Unis d'Amérique s'étendra jusqu'au fort qui s'y trouve établi, et compren- 
 dra ce fort, et son rayon Kilométrique. 
 
 Ainsi fait et donné sous Notre Sceau Royal à La Haye, ce dix Janvier de l'An de 
 Grâce mil huit cent trente un, et de Notre règne le dix huitième. 
 
 (Signé) 
 
 Le Ministre des Affaires Etrangères. 
 (Signé) Vf.rstolk de Soelex. 
 
 GUILLAUME. 
 
 TRANSLATION. 
 
 WILLIAM, by the Grace of God, King of the Netherlands, Prince of Orange-Na 
 Grand Duke of Luxembourg, §-c. fyc. 
 
 Having accepted the functions of Arbitrator conferred upon us by the note of the 
 Chargé d'Affaires of the United States of America, and by that of the Embassador Ex- 
 traordinary and Plenipotentiary of Great Britain, to our Minister of Foreign Affairs, un- 
 der date of the 12th January, 1829, agreeably to the 5th Article of the Treaty of Ghent, 
 of the 24th December, 1814, and to the 1st Article of the Convention concluded between 
 those Powers, at London, on the 29th of September, 1827, in the difference which has 
 arisen between them on the subject of the boundaries of their respective possessions: 
 
 Animated by a sincere desire of answering, by a scrupulous and impartial decision, 
 the confidence they have testified to us, and thus to give them a new proof of the high value 
 we attach to it: 
 
 Having, to that effect, duly examined and maturely weighed the contents of the First 
 Statement, as well as those of the Definitive Statement of the said difference, which have 
 been respectively delivered to us on the 1st of April of the year 1830, by the Envoy Ex- 
 traordinary and Minister Plenipotentiary of the United States of America, and the Em- 
 bassador Extraordinary and Plenipotentiary of His Britannic Majesty, with all the docu- 
 ments thereto annexed in support of them: 
 
 Desirous of fulfilling, at this time, the obligations we have contracted in accepting the 
 functions of Arbitrator in the aforesaid difference, by laying before the two High Interest- 
 ed Parties the result of our examination, and our opinion on the three points into which, 
 by common accord, the contestation is divided: 
 
 Considering that the three points abovementioned ought to be decided according to the 
 Treaties, Acts and Conventions concluded between the two Powers; that is to say, the Trea- 
 ty of Peace of 1783, the Treaty of Friendship, Commerce, and Navigation of 1794. the 
 
 Introduc- 
 tion. 
 
s 
 
 Arbiter's De- Declaration relative to the River St. Croix of 1798, the Treaty of Peace signed at Ghent 
 
 cision. in lgl4 t]ie Convention of the 29th September, 1827; and Mitchell's Map, and the Map 
 
 i i*îinsi3ij0rï- 
 
 A. referred to in that Convention: 
 
 Northwest 
 Angle of No- 
 va Scotia. We declare, that, 
 
 As to the first point, to wit. the question, which is the place designated in the Trea- 
 ties as the Northwest Angle of Nova Scotia, and what are the Highlands dividing the Riv- 
 ers that empty themselves into the River St. Lawrence from those which fall into the At- 
 lantic Ocean, along which is to be drawn the line of boundary, from that angle to the 
 Northwesternmost head of Connecticut River: 
 
 Considering: 
 
 That the High Interested Parties respectively claim that line of boundary at the 
 south and at the north of the river St. John; and have each indicated, upon the Map 
 A. the line which they claim: 
 
 Considering: 
 
 That according to the instances alleged, the term Highlands applies not only to 
 a hilly or elevated country, but also to land which, without being hilly, divides 
 waters flowing in different directions; and that thus the character more or less hilly and 
 elevated of the country through which are drawn the two lines respectively claimed, at the 
 north, and at the south, of the river St. John, cannot form the basis of a choice between 
 them; 
 
 That the text of the 2nd Article of the Treaty of 1783, recites, in part, the words pre- 
 viously used, in the Proclamation of 1763, and in the Quebec Act of 1774, to indicate the 
 southern boundaries of the Government of Quebec, from Lake Champlain, "in forty-five 
 " degrees of North latitude, along the highlands \\ hkh di\ ide the rivers that empty themselves 
 « into the river St. Lawrence, from those which fall into the Sea, and also along the North 
 " Coast of the Bay des Chaleurs;*' 
 
 That in 1763, 1765. 1773. and 1782, it was established that Nova Scotia should be 
 bounded at the north, as far as the western extremity of the Bay des Chaleurs, by the 
 southern boundary of the Province of Quebec; that this delimitation is again found, with 
 respect to the Province of Quebec, in the Commission of the Governor General of Quebec 
 of 1786, wherein the language of the Proclamation of 1763, and of the Quebec Act of 1774. 
 has been used, as also in the Commissions of 1786, and others of subsequent dates of the 
 Governors of New Brunswick, with respect to the last mentioned Province, as well as in a 
 treat number of maps anterior and posterior to the Treaty of 1783; and that the 1st Article 
 of the said Treaty specifies, by name, the States whose independence is acknowledged; 
 
 But that this mention does not imply (implique) the entire coincidence of the bounda- 
 ries between the two Powers, as settled by the following Article, with the ancient delimita- 
 tion of the British Provinces, whose preservation is not mentioned in the Treaty of 1783, 
 and which, owing to its continual changes, and the uncertainty which continued to exist 
 respecting it, created, from time to time, differences between the Provincial authorities; 
 
 That there results from the line drawn under the Treaty of 1783, through the great 
 Lakes, west of the river St. Lawrence, a departure from the ancient Provincial charters, 
 with regard to those boundaries; 
 
 That one would vainly attempt to explain why, if the intention was to retain the ancient 
 Provincial boundary, Mitchell's Map, published in 1755, and consequently anterior to the 
 Proclamation of 1763, and to the Quebec Act of 1774, was precisely the one used in the 
 negotiation of 1783; 
 
 That Great Britain proposed, at first, the river Piscataqua as the eastern boundary 
 of the United States; and did not subsequently agree to the proposition to cause the 
 boundary of Maine, or Massachusetts Bay, to be ascertained at a later period : 
 
That the Treaty of Ghent stipulated for a new examination on the spot, which could Arbiter's De- 
 not be made applicable to an historical or administrative boundary; T c ' slor V 
 
 And that, therefore, the ancient delimitation of the British Provinces, does not either 
 afford the basis of a decision; Angle of No 
 
 That the longitude of the northwest angle of Nova Scotia, which ought to coincide vaScotl ' r 
 with that of the source of the St. Croix river, was determined only by the Declaration of 
 1798, which indicated that river; 
 
 That the Treaty of Friendship, Commerce, and Navigation of 1794, alludes to the 
 doubt which had arisen with respect to the river St. Croix; and that the first instructions of 
 the Congress, at the time of the negotiations, which resulted in the Treaty of 1783, locate 
 the said angle at the source of the river St. John; 
 
 That the latitude of that angle is upon the banks of the St. Lawrence, according to 
 Mitchell's Map, which is acknowledged to have regulated the combined and official labors of 
 the negotiators of the Treaty of 1783; whereas, agreeably to the delimitation of the Govern- 
 ment of Quebec, it is to be looked for at the highlands which divide the rivers that empty 
 themselves into the river St. Lawrence, from those which fall into the sea; 
 
 That the nature of the ground east of the before mentioned angle not having been indi- 
 cated by the Treaty of 1783, no argument can be draw from it to locate that angle at one 
 place in preference to another; 
 
 That, at all events, if it were deemed proper to place it nearer to the source of the River 
 St. Croix, and look for it at Mars' Hill, for instance, it would be so much the more possible 
 that the boundary of New Brunswick, drawn thence northeastwardly, would give to that 
 Province several Northwest angles, situated farther north and east, according to their 
 greater remoteness from Mars' Hill, from the fact that the number of degrees of the an^lc 
 referred to in the Treaty has not been mentioned; 
 
 That, consequently, the Northwest angle of Nova Scotia, here alluded to, havinn-bcen 
 unknown in 1 783, and the Treaty of Ghent having again declared it to be unascertained, the 
 mention of that historical angle in the Treaty of 17S3 is to be considered as a petition of 
 principle (petition de principe) affording no basis for a decision; whereas, if considered as a 
 topographical point, having reference to the définition, viz: " that angle which is formed by a 
 "line drawn due north from the source of the St. Croix River to the Highlands," it forms sim- 
 ply the extremity of the line " along the said Highlands, which divide those rivers that empty 
 
 "themselves into the river St. Lawrence, from those which fall into the Atlantic Ocean," 
 
 an extremity which a reference to the Northwest angle of Nova Scotia does not contribute 
 to ascertain, and which still remaining, itself, to be found, cannot lead to the discovery of 
 the line which it is to terminate; 
 
 Lastly, that the arguments deduced from the rights of sovereignty exercised over the 
 Fief of Madawaska, and over the Madawaska Settlement — even admitting that such exer- 
 cise were sufficiently proved — cannot decide the question, for the reason that those two 
 settlements only embrace a portion of the territory in dispute, and that the Hi Mi Interest- 
 ed Parties have acknowledged the country lying between the two lines respectively claim- 
 ed by them, as constituting a subject of contestation, and that, therefore, possession cannot 
 be considered as derogating from the right; and that if the ancient delimitation of the Pro- 
 vinces be set aside, which is adduced in support of the line claimed at the north of the river 
 St. John, and especially that which is mentioned in the Proclamation of 1763, and in the 
 Quebec Act of 1774, no argument can be admitted in support of the line claimed at the 
 south of the river St. John, which would tend to prove that such part of the territory in dis- 
 pute belongs to Canada or to New Brunswick: 
 
 Considering: 
 
 That the question, divested of the inconclusive arguments drawn from the nature, more 
 
 3 
 
10 
 
 Arbiter's ne- or less hilly, of the ground, — from the ancient delimitation of the Provinces, — from thr 
 Translation. Northwest angle of Nova Scotia, and from the actual possession, resolves itself, in the 
 
 ' 7* <?nd, to these: which is the line drawn due north from the source of the river St. 
 
 Northwest 
 
 Angle of No- Croix, and which is the ground, no matter whether hilly and elevated, or not, which, from 
 
 Vti Scotia 
 
 that line to the Nortliwesternmost head of Connecticut river, divides the rivers that empty 
 themselves into the river St. Lawrence from those which fall into the Atlantic Ocean; That 
 the High Interested Parties only agree upon the fact that the boundary sought for, must be 
 determined by such a line, and by such a ground; that they further agree, since the Decla- 
 ration of 1798, as to the answer to be given to the first question, with the exception of the 
 latitude at which the line drawn due north from Ihe source of the St. Croix river is to ter- 
 minate; that said latitude coincides with the extremity of the ground which, from that line 
 to the Nortliwesternmost source of Connecticut river, divides the rivers which emptv them- 
 selves into the river St. Lawrence from those which fall into the Atlantic. Ocean; and that, 
 therefore, it only remains to ascertain that ground: 
 
 That on entering upon this operation, it is discovered, on the one hand: 
 
 First, that if, by adopting the line claimed at the north of the river St. John, Great 
 Britain cannot be considered as obtaining a territory of less value than if she had accepted, 
 in 1783, the river St. John, as her frontier, taking into view the situation of the country 
 situated between the rivers St. John and St. Croix in the vicinity of the sea, and the pos- 
 session of both banks of the river St. John in the lower part of its course, said equivalent 
 would, nevertheless, be destroyed by the interruption of the communication between Lower 
 Canada and New Brunswick, especially between Quebec and Fredericton; and one would 
 vainly seek to discover what motive could have determined the Court of London to consent 
 to such an interruption: 
 
 That if, in the second place, in contra-distinction to the rivers that empty themselves 
 into the river St. Lawrence, it had been proper, agreeably to the language ordinarily used 
 in geography, to comprehend the rivers falling into the Bays of Fundy and des Chaleurs 
 with those emptying themselves directly into the Atlantic Ocean, in the generical denomina- 
 tion of rivers falling into the Atlantic Ocean, it would be hazardous to include into the 
 species belonging to that class the rivers St. John and Ristigouche, which the line claimed 
 at the north of the river St. John divides immediately from rivers emptying themselves into 
 the river St. Lawrence, not with other rivers falling into the Atlantic Ocean, but alone; 
 and thus to apply, in interpreting the delimitation established by a Treaty, where each 
 word must have a meaning, to two exclusively special cases, and where no mention is made 
 of the genus (genre.) a generical expression which would ascribe to them a broader meaning; 
 or which, if extended to the Schooitiac Lakes, the Penobscot and the Kennebec, which 
 empty themselves directly into tiie Atlantic Ocean, would establish the principle that the 
 Treaty of 1783 meant highlands which divide, as well mediately as immediately, the rivers 
 that empty themselves into the river St. Lawrence from those which fall into the Atlantic 
 Ocean — a principle equally realized by both lines: 
 
 Thirdly: That the line claimed at the north of the river St. John does not divide, even 
 immediately, the rivers that empty themselves into the river St. Lawrence from the rivers 
 St. John and Ristigouche, but only Rivers that empty themselves into the St. John and 
 Ristigouche, with the exception of the last part of said line, near the sources of the river 
 St. John; and that hence, in order to reach the Atlantic Ocean, the. rivers divided by thai 
 line from those that empty themsehes into the river St. Lawrence, each need two inter- 
 mediate channels, to wit: the ones, the river St. John and the Bay of Fundy; and the 
 others, the river Ristigouche and the Bay of Chaleurs; 
 
11 
 
 And on the other hand, 
 
 That it cannot be sufficiently explained how, if the high Contracting Parties intended, Arbiter's Be 
 
 in 1783, to establish the boundary at the south of the river St. John, that river, to which TrarSlatior 
 
 the territory in dispute is in a great measure indebted for its distinctive character, has "T~ 
 
 Northwest 
 been neutralized and set aside: Angle ot'.W- 
 
 That the verb "divide" appears to require the contiguity of the objects to be '-di- 
 vided:" 
 
 That the said boundary forms at its western extremity, only, the immediate separation 
 between the river Mettjarmette, and the Northwesternmost head of the Penobscot, and 
 divides, mediately, only the rivers that empty themselves into the river St. Lawrence 
 from the waters of the Kennebec, Penobscot and Schoodiac Lakes: while the boundary 
 claimed at the north of the river St. John divides, immediately, the waters of the rivers 
 Ristigouche and St. John, and mediately, the Schoodiac Lakes, and the waters of the ri- 
 vers Penobscot and Kennebec, from the rivers that empty themselves into the river Si. 
 Lawrence, to wit: the rivers Beaver, .Metis, Rimousky, Trois Pistoles, Green, Du Loup. 
 Kamouraska, Ouelle, Bras St. Nicholas, Du Sud, La Famine and Chaudière: 
 
 That even setting aside the rivers Ristigouche and St. John, for the reason tiiat tliev 
 could not be considered as falling into the Atlantic Ocean, the northern line would stiil bi- 
 as near the Schoodiac Lakes, and to the waters of the Penobscot and of the Kennebec, as tin 
 southern line would be to the rivers Beaver, Metis, Rimousky, and others that empty 
 themselves into the river St. Lawrence; and would, as well as the other, form a mediate 
 separation between these and the rivers falling into the Atlantic Ocean: 
 
 That the prior intersection of the southern boundary by a line drawn due north from 
 the source of the St. Croix river, could only secure to it an accessary advantage over the 
 other, in case both the one and the other boundary should combine, in the same degree, the 
 qualities required by the Treaties: 
 
 And that the fate assigned by that of 17S3 to the Connecticut, and even to the St. Law- 
 rence, precludes the supposition that the two Powers could have intended to surrender the 
 whole course of each river from its source to its mouth, to the share of either the one or the 
 other: 
 
 Considering: 
 
 That, after what precedes, the arguments adduced on either side, and the document^ 
 exhibited in support of them, cannot be considered as sufficiently preponderating to deter- 
 mine a preference in favor of one of the two lines respectively claimed by the High Inter- 
 ested Parties, as the boundaries of their possessions, from the source of the river St. Croix 
 to the Northwesternmost head of the Connecticut river; and that the nature of the differ- 
 ence and the vague and not sufficiently determinate stipulations of the Treaty of 1783, do 
 not permit to adjudge either of those lines to one of the said Parties, without wounding the 
 principles of law and equity, with regard to the other: 
 
 Considering: 
 
 That, as has already been said, the question resolves itself into a selection to 
 be made of a ground dividing the rivers that empty themselves into the river St. 
 Lawrence from those that fall into the Atlantic Ocean; that the High Interested Parties are 
 agreed with regard to the course of the streams delineated by common accord on the Map 
 A. and affording the only basis of a decision; 
 
 And that, therefore, the circumstances upon which such decision depends, could not be 
 further elucidated by means of fresh topographical investigation, nor by the production oi 
 additional documents: 
 
12 
 
 Arbiter's DC- We ARE OF OPINION*. 
 
 Transition. That ' lt wiU be suitablc C 11 conviendra] to adopt, as the boundary of the two States, 
 
 a line drawn due north from the source of the river St. Croix to the point where it in- 
 tersects the middle of the thalweg* of the river St. John; thence, the middle of the thal- 
 weg of that river, ascending it, to the point where the river St. Francis empties it- 
 self into the river St John; thence, the middle of the thalweg of the river St. Francis, as- 
 cending it, to the source of its southwesternmost branch, which source we indicate on the 
 Map A, by the letter X, authenticated by the signature of our Minister of Foreign AB'airs; 
 thence, a line drawn due west, to the point where it unites with the line claimed by the 
 United States of America, and delineated on the Map A; thence, said line to the point at 
 which, according to said map, it coincides with that claimed by Great Britain; and thence, 
 the line traced on the map by the two Powers, to the northweslernmost source of Connec- 
 ticut River. 
 
 Northwest- As regards the second point, to wit: the question, which is the Northwesternmost 
 
 SFÏÏÏÏS head ° f Connecticut river: 
 cut River. 
 
 Considering: 
 
 That, in order to solve this question, it is necessary to choose between Connecticut- 
 take River, Perry's Stream, Indian Stream and Hall's Stream: 
 
 Considering: 
 
 That, according to the usage adopted in geography, the source and the bed of a 
 river are denoted by the name of the river which is attached to such source and to such 
 bed, and bv their greater relative importance, as compared to that of other waters commu- 
 nicating with said river: 
 
 Considering: 
 
 That an official letter of ITTZ already mentions the name of Hall's Brook, and that, hi 
 an official letter of subsequent date, in the same year, Hall's Brook is represented as a small 
 river falling into the Connecticut; 
 
 That the river in which Connecticut Lake is situated appears more considerable than 
 either Hall's, Indian or Perry's Stream; that Connecticut Lake and the two Lakes situat- 
 ed northward of it, seem to ascribe to it a greater volume of water than to the other three 
 rivers; and that by admitting it to be the bed of the Connecticut, the course of that river 
 is extended farther than it would be if a preference were given to either of the other three 
 rivers; 
 
 Lastly, that the Map A. having been recognised by the Convention of 1S-27, as indicat- 
 ing the courses of streams, the authority of that map would likewise seem to extend to 
 their appellation; since, in case of dispute, such name of river, or lake, respecting which 
 the parties were not agreed, may have been omitted; that said map mentions Connecticut 
 Lake, and that the name of Connecticut Lake implies the applicability of the name of Con- 
 necticut to the river which flows through the said lake: 
 
 'Thulwrg—v. German compound word— Thai, valley, — weg, way. It mesns here, the deepes' 
 channel of the river. — Translator. 
 
We are of opinio:. : 
 
 That the stream situated farthest to the northwest among those which fall into the Arbiter's D< 
 northernmost of the tliree Lakes, the last of which bears the name of Connecticut Lake clsi ""- 
 must be considered as the northwesternmost head of Connecticut river. 
 
 And as to the third point, to wit: the question, which is the boundary to be traced Parallel .,f 
 
 from the river Connecticut, along the parallel of the 45th degree of north latitude to the t,le 45th ''''" 
 
 „, ' pree of North 
 
 liver St. Lawrence, named in the Treaties Iroquois or Cataraguy: latitude. 
 
 Considering: 
 
 That the High Interested Parties differ in opinion as to the question Whether the 
 
 Treaties require a fresh survey of the whole line of boundary from the river Connecticut 
 to the river St. Lawrence, named in the Treaties Iroquois or Cataraguy, or simply the 
 completion of the ancient provincial surveys: 
 
 Considering: 
 
 That the fifth article of the Treaty of Ghent of 1814, does not stipulate that such 
 portion of the boundaries which may not have hitherto been surveyed, shall be surveyed; 
 but declares that the boundaries have not been, and establishes that they shall be, surveyed : 
 
 That, in effect, such survey ought, in the relations between the two Powers, to be con- 
 sidered as not having been made from the Connecticut to the river St. Lawrence, named 
 in the Treaties Iroquois or Cataraguy, since the ancient survey was found to be incorrect, 
 and had been ordered, not by a common accord of the two Powers, but bv the ancient pro- 
 vincial authorities: 
 
 That in determining the latitude of places, it is customary to follow the principle of 
 the observed latitude; 
 
 And that the Government of the United States of America has erected certain forti- 
 fications at the place called Rouse's Point, under the impression that the ground formed part 
 of their territory — an impression sufficiently authorized by the circumstance that the line 
 had, until then, been reputed to correspond with the 45th degree of north latitude: 
 
 We are of opinion: 
 
 That it will be suitable [il conviendra] to proceed to fresh operations to measure the 
 observed latitude, in order to mark out the boundary from the river Connecticut along the 
 parallel of the 45th degree of north latitude to the river St- Lawrence, named in the 
 Treaties Iroquois or Cataraguy, in such a manner, however, that, in all cases, at the place 
 culled Rouse's Point, the territory of the United States of America shall extend to the fort 
 erected at that place, and shall include said fort and its Kilometrical radius [rayon Kilo- 
 métrique.] 
 
 Thus done and given under our Royal Seal, at the Hague, this tenth day of Jan- 
 uary, in the year of our Lord one thousand eight hundred and thirty-one, and of 
 our Reign the eighteenth. 
 
 (Signed) WILLIAM. 
 
 The Minister of Foreign Afl'airs: 
 
 (Signed) Verstolk de Soelen. 
 
 4 
 
PROTEST. 
 
 The Hague, 12th January, 1831. 
 
 Frotest of The Undersigned, Minister Plenipotentiary and Envoy Extraordinary of the United 
 
 Minister" " States of America, had the honor to receive from the hands of His Majesty, the King of the 
 Netherlands, on the 10th instant, a document purporting to be an expression of his opinion on 
 the several points submitted to him as Arbiter, relative to certain portions of the boundary of 
 the United States. In a period of much difficulty, His Majesty has had the goodness, for 
 the purpose of conciliating conflicting claims and pretensions, to devote to the High Parties 
 Interested, a time that must have been precious to himself and people. It is with extreme 
 regret, therefore, that the Undersigned, in order to prevent all misconception, and to vindi- 
 cate the rights of his Government, feels himself compelled to call the attention of Hi* 
 Excellency, the Baron Verstolk Van Soelen, His Majesty's Minister of Foreign Affairs, 
 again to the subject. But while, on the one hand, in adverting to certain views and consi- 
 derations, which seem in some measure, perhaps, to have escaped observation, the Under- 
 signed will deem it necessary to do so with simplicity and frankness; he could not, on the 
 other, be wanting in the expressions of a most respectful deference for His Majesty, the 
 Arbiter. 
 
 The language of the Treaty, which has given rise to the contestation between the 
 United States and Great Britain, is, "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 northwest 
 ,; 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 highlands which divide those 
 " rivers that empty themselves into the river St. Lawrence, from those which fall into the 
 " Atlantic ocean, to the northwesternmost 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, until it strikes the river Iroquois or Cataraguy. *** * * 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 fall into the Atlantic ocean, from those which fall into the 
 " river St. Lawrence." The manner of carrying this apparently exceedingly definite and 
 lucid description of boundary into effect, by running the line as described, and marking 
 the same on the surface of the earth, was the subject, the sole, exclusive subject, submit- 
 ted by the Convention of September, 1827, in pursuance of the Treaty of Ghent, 1814, 
 to an arbiter. 
 
 If, on investigation, that arbiter found the language of the Treaty, in his opinion, 
 inapplicable to, and wholly inconsistent with, the topography of the country, so that the 
 Treaty of 1783, in regard to its description of boundary, could not be executed according 
 to its own express stipulations, no authority whatever was conferred upon him to deter- 
 mine or consider what practicable boundary line should, in such case, be substituted and 
 established. Such a question of boundary as is here supposed, the United States of 
 America would, it is believed, submit to the definitive decision of no sovereign. And in 
 
imsteri 
 
 15 
 
 the case submitted to His Majesty, the King of the Netherlands, the United States, in for' Prote I ol 
 bearing to delegate any such power, were not influenced by any want of respect for that Jf 
 distinguished monarch. They have, on the contrary, given him the highest and most signal 
 proofs of their consideration and confidence. In the present case especially, as any revi- 
 sion or substitution of boundary whatever, had been steadily, and in a spirit of unaltera- 
 ble determination, resisted at Ghent and at Washington, they had not anticipated the pos- 
 sibility of there being any occasion for delegating such powers. 
 
 Among the questions to which the language of the Treaty of 1T83, already quoted, "-ave 
 rise between the High Parties Interested, is the following, viz.: where, at a point due north 
 from the source of the river St. Croix, are "the highlands which divide the rivers that 
 '•empty themselves into the river St. Lawrence, from those that fall into the Atlantic 
 '• ocean;" at which same point on said highlands was also to be found the northwest ano-le 
 of the long established, well known, anil distinctly defined, British Province of Nova 
 Scotia. 
 
 On the southern border of the river St. Lawrence, and at the average distance from it 
 of less than thirty English miles, there is an elevated range or continuation of broken 
 highland, extending from Cape Rosières, southwesterly to the sources of Connecticut riv- 
 er, forming the southern border of the basin of the St. Lawrence and the ligne des versants 
 of the rivers emptying into it. The same highlands form also the ligne des versants, on 
 the north of the river Ristigouche, emptying itself into the bay des Chaleurs, the river St. 
 John with its northerly and westerly branches emptying into the bay of Fundy, the river 
 Penobscot with its northwesterly branches emptying into the bay of Penobscot, the rivers 
 Kennebec and Androscoggin, whose united waters empty into the bay of Sagadahock, and 
 the river Connecticut emptying into the bay usually called Long Island Sound. These 
 bays are all open arms of the sea or Atlantic ocean; are designated by these names on 
 Mitchell's map; and, with the single exception of Sagadahock, are all equally well known, 
 and usually designated, by their appropriate names. This ligne des versants constitutes 
 the highlands of the treaty, as claimed by the United States. 
 
 There is another ligne des versants, which Great Britain claims as the highlands of the 
 Treaty. It is the dividing ridge that bounds the southern side of the basin of the river St. 
 John, and divides the streams that flow into the river St. John, from those which flow into 
 the Penobscot and St. Croix. No river flows from this dividing ridge into the river St. 
 Lawrence. On the contrary, nearly the whole of the basins of the St. John and Ristigouche 
 intervene. The source of the St. Croix also is in this very ligne des versants, and less 
 than an English mile distant from the source of a tributary stream of the St. John. This 
 proximity, reducing the due north line of the treaty, as it were, to a point, compelled the 
 provincial agents of the British Government to extend the due north line over this dividing 
 ridge into the basin of the St. John, crossingits tributary streams to the distance of about forty 
 miles from the source of the St. Croix, to the vicinity of an isolated hill between two tribu- 
 tary streams of the St. John. Connecting that isolated hill with the ligne des versants, as 
 just described, by passing between said tributary streams, they claimed it as constituting 
 the highlands of the treaty. 
 
 These two ranges of highlands, as thus described, the one contended for by the United 
 States, and the other by Great Britain, His Majesty, the Arbiter, regards as comportin»- 
 equally well in all respects, with the language of the treaty. It is not the intention of the 
 Undersigned, in this place, to question in the slightest degree the correctness of His Majesty's 
 conclusion. But when the Arbiter proceeds to say, that it would be suitable to run the line 
 due north from the source of the river St. Croix, not "to the highlands which divide the rivers 
 " that fall into the Atlantic ocean from those which fall into the river St. Lawrence," but to the 
 centre of the river St. John, thence to pass up said river t» the mouth of the river St. Fran- 
 
16 
 
 Prolest of cis, thence up the river St. Francis to the source of its southwesternmost branch, and from 
 Minister. thence by a line drawn west unto the point where it intersects the line of the highlands as 
 claimed by the United States, and only from thence to pass " along said highlands, which 
 ' ; divide the rivers that fall into the Atlantic ocean, from those which fall into the river St. 
 " Lawrence, to the northwesternmost head of Connecticut river;'' thus abandoning altoge- 
 ther the boundaries ol the Treaty, and substituting for them a distinct and different line of 
 demarcation — it becomes the duty of the Undersigned, with the most perfect respect for the 
 friendly views of the Arbiter, to enter a Protest against the proceeding, as constituting 
 a departure from the power delegated by the High Parties Interested, in order that the 
 rights and interests of the United States may not be supposed to be committed by any pre- 
 sumed acquiescence on the part of their Representative near His Majesty, the King of the 
 Netherlands. 
 
 The Undersigned avails himself of this occasion to renew to the Baron Yerstolk 
 Van Soelen, the assurances of his high consideration. 
 
 (Signed) 
 
 WM. P. PREBLE. 
 
 His Excellency the Baron Verstolk Van Soelen, ^ 
 His Majesty's Minister of Foreign Affairs. <> 
 
INTRODUCTION, (a) 
 
 The Boundaries of the United States of America were defined, by the 
 Treaty of Peace, concluded the 3d day of September, 17S3, between the said Slates 
 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-westernmost 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 of said lake, to the 
 water communication between that lake and Lake Superior; thence, through Lake 
 Superior, northward of the Isles Royal and Philipeaux, 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. South, 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 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 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 are, 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 was only by the 
 
 (a) Fnr all the quotations from Treaties between the United States and Great Britain, see Written 
 Evidence, No. 1. 
 
treaty of Amity, Commerce, and Navigation, concluded on the 19th of November, 
 1794, between the two Powers, that His Britannic Majesty agreed, on certain con- 
 ditions therein specified, to withdraw, on or before the first day of June, 1796, all his 
 troops and garrisons from all posts and places within the Boundary 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 Commissioners 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 should never (hereafter be called 
 into question, or made the subject of dispute or difference between them. 
 
 The Commissioners, appointed in conformity with the said fifth article of the 
 treat}' of 1794, did, by their declaration of October 25th, 179S, decide, a river called 
 "Scoodiac," and the northern branch of it (called " Cheputnaticook,") to be the true 
 River St. Croix intended by the treaty of peace; that its mouth was in the Bay of 
 Passamaquoddy, at a place called Joe's Point, and its source at the northernmost head 
 spring of the northern branch aforesaid, (b) 
 
 By the treaty of peace concluded at Ghent, on the 24th of December, 1S14, 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, embracing 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 lj ing 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 yet been ascertained; and whereas thnt 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 Connecticut 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 Cataraquy, has not yet been sur- 
 veyed; it is agreed that for those several purposes, two Commissioners 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 ol 1783, 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 map 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 dillèring, or of both, or either of them, re- 
 fusing, declining, or omitting to act. 
 
 (5) Written Evidence, No. 2 
 
The Commissioners appointed in conformity with the said filth article, after sitting 
 near five years, could not agree on any of the matters referred to them, nor even on 
 a general map of the country exhibiting the Boundaries respectively claimed by each 
 party. They accordingly made separate reports to both Governments, stating the points 
 on which they differed, and the grounds upon which their respective opinions had been 
 formed. 
 
 The case having arisen which rendered it necessary to refer the points of diffe- 
 rence to a friendly Sovereign 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, 1S27, concluded a Convention to that effect. 
 
 It was thereby agreed, amongst other provisions, that new and separate state- 
 ments of the respective cases, 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 its 
 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 
 water-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 topograph)- 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 o( peace of 1783, is respectfully requested. 
 
 Those points of difference may be reduced to three, which will be separately dis- 
 cussed, viz: 
 
 1st. The north-west angle of Nova Scotia, and the Boundary Line 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 
 Cataraquy, (St. Lawrence,) as intended by the treaty of 1783. 
 
 NORTH-WEST ANGLE OF NOVA SCOTIA, AND LINE THENCE TO THE NORTH-WES 
 TERNMOST HEAD OF CONNECTICUT RIVER. 
 
 In order to avoid the confusion which might arise from a change of names, it 
 is necessary, in the first place, to premise, that, subsequent to the treaty of 17S3, the 
 Province of Nova Scotia, which, at the date of that treaty, was contiguous to the 
 
8 
 
 United States, has been divided, by the British Government, into two Provinces: the 
 southeastern part, or peninsula, retaining the name of Nova Scotia, and the north- 
 western part, which is that adjacent to the United States, having been erected into a 
 new Province, by the name of New Brunswick, (c) 
 
 The British Province of Quebec, as it was called 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 as the Boun- 
 dary now in discussion extends, (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 American Line established by the terms of 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, from 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, which 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 17S3. 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 
 are 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 fall 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 
 fall into the Atlantic Ocean from those which fail 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 said, which almost immediately 
 follows, identified with the Highlands which divide the rivers designated by the trea- 
 ty: and in the latter clause, the same north line is declared to extend to the aforesaid 
 Highlands which divide the said rivers. 
 
 (c) Written Evidence, No. 3.— (rf) Written Evidence, No. 4.— (e) Written Evidence, No. 5. 
 
a 
 
 It is, therefore, evident, that the north-west angle of Nova Scotia, contemplated by 
 the treaty, being formed by the intersection of a line drawn due north from the source 
 of the River St. Croix, with the Highlands which divide the rivers that empty them- 
 selves into the River St. Lawrence from those which fall into the Atlantic Ocean, must 
 be found on the very Highlands thus described. 
 
 It is 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 Boundaries 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 Scotia. 
 
 Finally, the Boundary Line, through its whole extent, from the north-west angle of 
 Nova Scotia, to the north-westernmost 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 empty 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 i 
 point due north from the source of the River St. Croix, divide the rivers falling into 
 the Atlantic Ocean from those that fall into the River St. Lawrence; Highlands, ex- 
 tending eastwardly from that point (which is the north-west angle of Nova Scotia,) and 
 continuing for some distance, at least, in that direction, to divide the rivers as afore- 
 said, so as to form there the northern Boundary of Nova Scotia; Highlands extending, 
 likewise, south-westwardly, from the same point, and dividing the rivers as aforesaid, 
 the whole distance from the said point, or north-west angle of Nova Scotia, to the 
 north-westernmost head of Connecticut River. 
 
 The words, " Highlands which divide the rivers,"are inseparable; the term ' < High- 
 lands," in its general sense, and undefined by any adjunct, being one of relative im- 
 port and indeterminate signification. 
 
 Had the north-west angle of 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 certain 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 different 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 north-westernmost head of Connecticut River, if that line had been 
 designated only as passing along the Highlands, without expressly pointing out what 
 were the Highlands intended. 
 
 It is the property of dividing the rivers, therefore, which affixes a specific 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 
 the north-westernmost head of Connecticut River. It is that property, what, in 
 French, is called, " Point de Partage," which constitutes the essence of the treaty 
 definition. 
 
 The limited knowledge which had been obtained in the year 17S3, 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 
 sufficiently 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 
 
 Avoiding accordingly 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. (f) 
 
 No Highlands can divide the rivers that fall into the Atlantic Ocean from those which 
 fall into the River St. Lawrence, but those Highlands in which the rivers thus desig- 
 nated, or their tributary streams, have their respective 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 different 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, 
 fora 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 
 fall 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 streams 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 liver, (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 which 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. 
 
 If) It is not intended by these observations, either to admit that the ground along which the line con- 
 tended tor by the British passes, is, in the sense they attach to the word, entitled to the appellation of 
 " Highlands," or that there were not rea-ons derived from usage and general understanding tor adopting 
 that term. The word " Highlands" is here considered only in its general sense, and as it stands in the 
 treaty. See hereafter the observations on the Proclamation of 1763- 
 
 (g) Into the River St. John, as far north as the first Highland which divides the waters of that river 
 from those of the Ristigouche; into the River Ristigouche, between that first Highland and those which 
 divide the waters of that river from those of the River Metis. 
 
11 
 
 This conclusion is in perfect accordance with what is understood by " Atlantic 
 Ocean" in the usual and general acceptation of the lerm. 
 
 " Sea," in its general sense, embraces the whole body of salt waters on 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, il 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 17S3, as falling into the Atlantic 
 Ocean, falls into it through some intermediate gulf or bay, known, and, in Mitchell's 
 map, designated by a specific and distinct name: that is to say; the river Ristigouche, 
 through the Hay des Chaleurs, and the Gulf of St. Lawrence; the river St. John, 
 through the Bay of Fundy; the rivers Magaguadavie, (Mitchell's St. Croix) and 
 Scoodiac, (Mitchell's Passamacadic) through the Bay of Passamaquoddy and the Bay 
 of Fundy; the Penobscot through the Bay of the same name; the Kennebec through 
 the Sag; dahock 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 Ray 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 17S3, rivers falling into the' Atlantic Ocean, there is nota 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 sufficient to narrow the meaning ot the words, " rivers 
 falling 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 
 designation 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 necesssary, in order to remove any doubt whatever, the distinct name of 
 such bay or gulf must necessarily be used. The special appellation being thus used in 
 one sentence, for a special avowed object, is applicable to that object alone, and can- 
 
 (A) Guthrie's Geographical Grammar. Written Evidence, No. 6. 
 
12 
 
 not affect the clear and express meaning of another sentence in the treaty. Still less 
 can it be so construed in relation to a clause in which the generic term, "Atlantic 
 Ocean," is used, not only without restriction, but as contradistinguished from theRiver 
 St. Lawrence alone. 
 
 The Gulf of St. Lawrence is designated by its specific name in but one sentence of 
 the treaty. It is provided, by the third article, " that the people of the United States 
 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; also in the Gulf of St. Law- 
 rence, and at all other places in the Sea, where the inhabitants of both countries used 
 at any time 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, is, why 
 the Gulf of St. Lawrence was at all mentioned, since the provision would have 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 
 of 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, («') 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, il 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 rightof taking fish on the coasts, bays, and creeks, of all other of 
 His Britannic Majesty's dominions in America, as. otherwise, some of those bays, 
 &c. though, in fact, parts of the Sea where the inhabitants of both countries used, 
 prior to the war, to fish, might have been considered 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 insert an express provision declaratory of the 
 right of the people of the United States to continue to take fish on the Grand Bank, 
 and the other Banks of Newfoundland; although those Banks could 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 River Ristigouche can, by any construction, be considered as falling 
 into the River St. Lawrence. 
 
 The similarity of names, and the character of that river, might render it some- 
 what difficult to ascertain the precise place where it terminates, and where the Gulf 
 commences, which must be acknowledged to be in a great degree arbitrary. Tie 
 doubts in that respect are, however, removed by an authority, which, as to that point, 
 appears conclusive. 
 
 ((') Although the French had, and 3till have, the right to take, and even to dry, fish on the western 
 coast of Newfoundland, the sovereignty of the Island remains with Great Britain, bv virtue of the treatv 
 of Utrecht. Written Evidence, No. 7. 
 
13 
 
 By His Britannic Majesty's Proclamation of the 7th of October, 1763 loi 
 erecting the Government of Quebec and oilier purposes, that Government or Pro- 
 vince is declared to be bounded, on the Labrador Coast, by the River St. John, (k) 
 and its eastern Boundary from Cape Rosiers is afterwards described in the following 
 words, viz: " And from thence crossing the mouth of the River St. Lawrence by- 
 the west end of the Island of Anticosti, terminates at the aforesaid River St. 
 John." (/) 
 
 All the rivers, the mouths of which lie west of the said Boundary, as delineated 
 in the American transcript of map A, are thereby declared to 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 
 (77i) including the River 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 north-west angle of Nova Scotia, described in the treaty of 17S3 is there- 
 fore formed by, and determined to be at the intersection of the line drawn due 
 north fiom 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 Ristigouche, which falls into the Atlantic Ocean, from the tributary 
 streams of a river emptying itself into the River St. Lawrence, and presumed ac- 
 cording to the map A, to be the River Metis. The said Highlands, from the said 
 north-west angle, extend south-westwardly to the north-westernmost head of Connecti- 
 cut River, and eastwardly, to Gaspe, dividing the whole way the waters of the Atlan- 
 tic Ocean from those of the River St. Lawrence. 
 
 The said north-west angle of Nova Scotia is formed by the intersection of the 
 said due north line, which is the western Boundary ol Nova Scotia, with the High- 
 lands which, from the point of intersection, extend eastwardly, and, for some distance 
 at least, must be the northern Boundary of Nova Scotia, so as to form the said north- 
 west angle according to the treaty. 
 
 And the Boundary Line between the dominions of the two Powers, as describ- 
 ed by the said treaty, (and delineated on the ma]) A,) extends due north from the 
 source of the river St.. Croix, about 111 miles to the north-west angle of Nova Scotia, 
 asabove described; and thence along the Highlands which divide the rivers that emp- 
 ty themselves into the River St. Lawrci-.ce from the tributary streams of the River 
 Ristigouche, 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 said north-westernmost head of Connecticut river,) 
 pass between the sources of the said rivers, leaving, on the right hand, and within 
 the dominions of Great Britain, the sources and all the waters of the rivers empty- 
 ing themselves into the River St. Laurence; and, on the left hand, and within the 
 dominions of the Coiled States, the sources and all the waters (lying west ofthe line 
 
 (/.■) This River St John, on the Labrador Coast, must not be confounded with the Great River Sfc 
 John which tails, through the liuy of Fuudy, into the Atlantic Ocean. 
 
 (/) All the map» adduced in evidence agree with this designation of the River St. Lawrence. See, 
 amongst others, Topographical Evidence, Printed Maps, No. 50. 
 
 (mj According to James the First's Grant of Nina Scotia to Sir \V. Alexander, in 1621, the River St. 
 
 Lavwence seems to have been understood to extend as fa- South at leasl, as Gaspe, which lies between 
 
 C. p l)os:rr< am) Bay des Chaleurs. The words are "et ah eo pergendo versus orientem per narisoras 
 
 • ejus/Jem Jluvii <lr Canada, ad fluvium, stationem navium, portum aut littus communiter nomine de 
 
 Gachepe vtl Gaspe notutn et appellatum." 
 
 I 
 
14 
 
 drawn due north from the source of the River St. Croix,) of the Rivers Ristigouche 
 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 self-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 obscuring; what needed no illustration. An apology 
 for having said so much will probably be found in the positions which the other party 
 is compelled to assume. 
 
 § 2. 
 
 ,Jncient Provincial Boundaries as established by former authentic acts. ^ . 
 
 The United States might safely rest their case on what precedes. When the 
 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 evidence, 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 face of the instrument, of the avowed intentions of the parties. 
 
 The Congress of the United States, on the 14th of August, 1779, 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 follows, 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 which 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 be drawn along the middle of St. John Hiver, from its 
 
 source to its mouth in the Bay of Kundy, , .... if the 
 
 eastern Boundary above described cannot be obtained, you are hereby empowered 
 to agree, that the same shall be afterwards adjusted by Commissioners, to be duly ap- 
 pointed for that purpose, according to such line as shall be by them 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 rights. " (n) 
 
 In a report of a Committee of Congress, presented 16th August, 17S2, 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, bv their final instructions of the 15th of June, 1781, 
 modified those of the 14th of August, 1779, and directed their Ministers " to accede 
 to no treaty of pence which should not secure the independence and Sovereignty of 
 the Thirteen States, or inconsistent with the treaties subsisting between them and 
 
 (>i) Secret Journals of Congress, Vol. 2, page 225. Written Evidence, No. 8. 
 (o) Secret Journals of Congress, Vol. 3, page 171. Written Evidence, No. 8. 
 
15 
 
 France;" 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 Sth of October, 1782, between them and Richard Oswald, the 
 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 14th August, 1779. 
 
 But these being objected to, the other alternative, as contained in the subsequent 
 part of the same instructions, was substituted, agreed to before the articles were sent 
 to London, and a memorandum to that effect 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 Jine between which and the United States shall be settled by com- 
 missioners, as soon as conveniently may be after the war." (ç) 
 
 Counter-proposals were transmitted from London, which have not been preserv- 
 ed, (r) It appears only that much contestation took place about the Boundaries 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. Cruix- 
 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 (s) the Charter of Massachusetts 
 Bay, agreeing with them to adhere to the said Charter. (/) 
 
 W hatever 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 bv 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 States, viz: New Hampshire, Massachusetts Bay, iVc , to be free, sovereign, and 
 independent States, and for himself, his heirs and successors, re- 
 linquishes all claims to the Government, propriety and Territorial rights of the 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 Slates, 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," &c. 
 
 (/>) Secret Journals of Congress, Vol. 2, page 44.5. Written Evidence, No. 8. 
 tq) Extracts from Dr. Franklin's Correspondence. Written Evidence, No. 9. 
 
 (r) The Paper No. 2, mentioned in Dr. Franklin's Letter of 5th December, J782, has not been found 
 in the Archives of the Unite 1 States, and, not having been adduced in evidence by the British Govern- 
 ment, wlio have quoted No. 1 (the articles above mentioned) from Franklin's Printed Correspondence, 
 is presumed to be lost. 
 
 (.•.) The River St. Croix is not mentioned in that Charter. The statement should have been, that it 
 must be inferred from the Charter, as connected with other documents, that the St. Croix was the Boun- 
 dary. 
 
 (t) ExU-acts from Dr. Franklin's Correspondence. Written Evidence, No. 9. 
 
16 
 
 The acknowledgment of the several States, by their several names, Massachu- 
 setts Bay («) 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 
 are their Boundaries, anil 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 Boundaries of the States, and of 
 Massachusetts, 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 
 parties that can he inferred from, orbe found in the body of the treaty. 
 
 What were those Provincial Boundaries is now to he examined. The conflicting 
 claims of France will not, in the inquiry, be adverted 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 Boundaries of what were formerly British 
 Provinces. 
 
 By a charter of the 10th of September, 1621, James I. granted to Sir William 
 Alexander a certain territory, under the name of " Nova Scotia," with the follow- 
 ing Boundaries: (v) 
 
 "Beginning at Cape Sable, in 4.3° north latitude, or thereabout, extending 
 thence westwardly 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 
 Souriquois and of the Etchemins, (Bay of Fundy,) 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 laud, or to run towards 
 the north, to the nearest road, river or spring pmptying 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 Gaspe; and thence south-eastwardly 
 to the islands called Baccaleos or Cape Breton, leaving these islands on the right, 
 and the Gulf ol the 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 left; 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 perambulation began, . . 
 
 all which lands aforesaid, shall at all times hereafter 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 charier, 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 Boundary 
 thereby assigned to Nova Scotia is nearly the same as the eastern Boundary of the 
 
 (u) Designating it, in the treaty, by the name under which it had been known when a British Pro- 
 vince, ami not by that of Massachusetts, which since the year 1780, was its legal name as a State. The 
 territorial rights relinquished, are, therefore, those within her Boundaries as a Province, unless so far as 
 such Boundaries were altered by the words of the treaty. 
 
 (d) Written Evidence, No. 10. 
 
 (w) This grant was confirmed, in the same words, by a subsequent Charter of Charles I. dated 12th 
 July, 1625. 
 
17 
 
 United States, as described by the treaty of peace of 1783, they differ in the follow- 
 ing particulars: 
 
 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 17S3, 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. 
 
 2nd. The line from the source 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 the 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 Charter, 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 of 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 herea.ter 
 mentioned. 
 
 On the 3d of April, 1039, Charles I. granted 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, (Piscataqua River,) to the furthest head thereof, 
 extending from Pascataway Harbor, north-eastwards, along the Sea Coast to S iga a- 
 hock, (the River Kennebec below the confluence 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 II. 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 so up the River thereof to the furthest head of the same as ittendelh 
 northwards, and extending from thence to the River of Kennebec, and so up, by the 
 shortest course, to the River of Canada, northwards " (r) 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. 
 
 Great Britain having, by the 10th article of the treaty of Breda, concluded on the 
 31st of July, Hiti7, agreed to restore to France the country called Acadia, situated in 
 Nonh America, which had formerly been in the most Christian King's possession, 
 (a) the Duke of York obtained from Charles II. a subsequent confirmation of hi* 
 
 (x) Written Evidence, No. 11. 
 (y) Written Evidence, No. 11. 
 (c) Written Evidence, No. 12. 
 (a) Written Evidence, No. 7 ■ 
 
IS 
 
 .rant, bearing date the 29th of Jane, 1674. (Ô) This second grant or confirmation 
 shews that, in the restoration of Acadia, Great Britain did not mean 1o mclude any 
 territory west of the St. Croix; and the said confirmation wasobviously asked and grant- 
 ed in order to remove any doubts on that subject. The territory was afterwards go- 
 verned under the authority of the Duke of York, (r) 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 Grant, 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 ot 
 
 the said Charter, (d) 
 
 uyVe .... 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 
 
 America, 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 effect, without our further ap- 
 probation or consent; and so as, nevertheless, and it is our royal will and pleasure, that 
 no grant or grants of any lands lying or extending from the River of Sagadahock to the 
 Gulf of St. Lawrence and Canada R vers, and to the main Sea northward and east- 
 ward, to be 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 Assembly of the province, required 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. 
 
 (l>) Written Evidence, No. 12. 
 (c) Written Evidence, No. 12. 
 (rf) Written Evidence, No. 13. 
 
19 
 
 when that Charter was granted. Great Britain, however, agreed by the treaty ol 
 Ryswick, of 20th September, 1697, to restore to France "all countries, islands, forts, 
 and colonies, wheresoever situated, which the French did possess before the declara- 
 tion of war." (f) Acadia, or Nova Scotia, being clearly embraced by those expres- 
 sions, and being thus severed from the British Dominions, the clause of the Massa- 
 chusetts' Charter which annexed that territory to Massachusetts, was virtually repeal- 
 ed, and became a nullity. The understanding of the British Government of the extent 
 of that restitution, will be found in the following sentence of a letter from the Lords 
 of the Board of Trade, dated 30th October, 1700, to the Ear] 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 12th article of the treaty of Utrecht, of 1713, ceded to 
 Great Britain "All Nova Scotia or Acadie, with its ancient Boundaries," (g) that 
 Province was not reannexed to Massachusetts' Bay, from which it had been severed 
 by virtue of the Treaty of Ryswick: but 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 11th 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 same style, and without 
 any designation of its Boundaries, is preserved in the subsequent Commissions of the 
 Governors of Nova Scotia, till the year 1763. (h) 
 
 The territory lying between Nova Scotia and the River Sagadahock (or Kenne- 
 beck) remained a part of Massachusetts' Bay according to its Charter. A question 
 arose, however, some years afterwards, in that respect, which having been referred to 
 the Law Officers of the Crown, (the Attorney and Solicitor General,) they gave it as 
 their opinion, (dated August 11th, 1731,) That all the tract of land lying between the 
 Rivers of Kennebec 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 appear that the inhabitants of the said Province 
 have been guilty of any such neglect or refusal to defend this part of the Country, as 
 can create a forfeiture of that subordinate right of Government of the same, or of such 
 property in the soil, as was granted to them by the said Charter: That if the Province 
 hat! incurred any forfeiture in the present case, no advantage could be taken thereof, 
 but by a legal proceeding, by scire facias 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 created 
 (according to the Law of Nations) only a suspension of the property 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 Crown of Great Britain, did revive and were restored jure postliminii. Whence 
 they conclude that the saiil Charter still remains in force, and that the Crown hath not 
 power to appoint a particular Governor over this part of the Province, or to assign 
 lands to persons aesirous 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 17G3, to 
 have been put at rest by that opinion. In Mitchell's map, published in the year 175.3, 
 
 (e) Written Evidence, No. <". 
 (/) Written Evidence, No. 14. 
 (i;) Written Evidence, No. 7. 
 (/-) Written Evidence, No. 15. 
 (.(') Written Evidence, No, 16. 
 
20 
 
 the River St. Croix, and a due north line from its source to the River St. Lawrence, 
 are, accordingly, made the Boundary between Nova Scotia and New England; (k) 
 embracing, under this last designation, the eastern part of Massachusetts, by the name 
 of Sagsdahock. 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 river continued accordingly, to be the northern Boundary 
 of both, till the 7th of October, 17G3; 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 were, by the said proclamation, fixed as fol- 
 lows: « Bounded on the Labrador Coast by the River (») St. John; and from thence, 
 by a line drawn from the head of that river, through the Lake St. John, to the south 
 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, passes 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 designated, being assigned as the southern Boundary of the 
 Province of Quebec, became the northern Boundary of Nova Scotia; the north-west 
 corner of which, 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. III. 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, bounded, on the south, by a line from the Bay of 
 Chaleurs along the Highlands which divide 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 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, from thence, &c be, and they are 
 
 hereby during his Majestv's pleasure, annexed to, and made part and parcel of the 
 Province of Quebec, as created and established by the said Royal Proclamation, of the 
 7th of October, 176;i." 
 
 "Provided always, that, nothing herein contained, relative to the Boundary of the 
 Pro ince of Quebec, shall, in any wise, aifect the Boundaries of any other Colo- 
 ny." (p) 
 
 According to the received doctrine, and which is sustained by the Law Officers of 
 the Crown, in their opinion of August 11th, 1731, the King could not, without pro- 
 
 (k) New England is the well known ancient generic name of the British Provinces lying' east of New 
 York, and west of Nova Scotia: The old Province of Maine, as well as the tract of land between it and 
 Nova Scotia, are, by the Charter of Massachusetts' Bay, declared to be in New England. 
 
 (/j Jeffer) 's Map of N >va Scotia, published also in 1755, agrees, in that respeel, with that of Mitchell, 
 though they appear to differ as to the Boundary between New England and Nova Scotia. See Topo- 
 graphical Evidence, Printed Maps, No. 46. 
 
 (m) Written Evidence, No. 7. 
 (n ; Not the River of the same name which falls into the Bav of Fundy, hut the smaller stream already 
 alluded to, which, from the north, falls into the mouth of the Itiver St. Lawrence. 
 
 (»; Written Evidence, No IT. 
 (p) Written Evidence, No. 18. 
 
21 
 
 ^essof Law, and by his mere proclamation of October 7lh, 1703, curtail the chartered 
 Boundaries of the Province of Massachusetts' Bay. But, without discussing that point, 
 it will, for the present, be sufficient to observe, that the proviso in the Quebec Act was 
 not applicable to Nova Scotia, which was a Royal Province, and the Boundaries of 
 which might, so far as it was alone affected, be altered at the King's pleasure, but that, 
 as applied to that part of Massachusetts' Bay which lay east of Kennebec River, 
 its effect was to leave or reinstate the river St. Lawrence, as the northern Boundary 
 of that Province. 
 
 The Quebec Act and the Proclamation of 1763, 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 17S3, 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 lit!), 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 between Great Britain and France, of 
 1763. 
 
 The Province of Massachusetts having made a grant to Governor Bernard, of an 
 Island lying east of the river Penobscot, and which required the confirmation of the 
 Crown, the Board of Trade, in a letter of March 11th, 17G3, to the Governor, 
 say : 
 
 " It may be proper to observe to you, that the doubt conceived upon the claim of 
 the Province of Massachusetts, is 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 the 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; and, 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 Nova Scotia, inserted in the Commission of Montague VVilmot 
 as Governor of Nova Scotia, which bears date the 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 
 England for Massachusetts' Bay, to the General Court of that Province, dated 9th 
 June, 1761. In that letter the agent slates from authority, confirmed by a subsequent 
 
 (?) Written Evidence, No. 19. 
 (r) The words here qmted, are, however, omitted in all the subsequent Commissions, including' that 
 nf John Parr, (dated 29th July, 1782,) who was Governor at the date of the treaty of 1783. The Boun 
 daries prescribed are the same in all the Commissions. See Written Evidence, No. 15. 
 G 
 
22 
 
 interview with Lord Hillsborough, that if the Province will pass an act empowering 
 their agent to cede to the Crown all pretence of right or title, they may claim under 
 their Charter, to the lands on the River St. Lawrence, destined by the Royal Procla- 
 mation to form part of the Government of Quebec, the Crown will then waive all 
 further dispute concerning the land as far as St. Croix, and from the Sea Coast of the 
 Bay of Fundy, to the Bounds of the Province of Quebec: reserving only to itself the 
 light of approbation, as before." (s) 
 
 Mr. Mauduit urges an acquiescence with that proposal, principally on the ground 
 that the narrow tract of land which lay beyond the sources of all the Rivers of Massa- 
 chusetts, and was watered by those which run into the River St. Lawrence, could 
 not be an object of any great consequence to Massachusetts; though it was abso- 
 lutely necessary to the Crown, to preserve the continuity of the Government ot 
 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. But it 
 must be observed, that as, according to the Charter ol Massachusetts' Ray, her terri- 
 tory was acknowledged toextend from the River Sagadahock (orKennebec) to the River 
 and to the Gulf of St. Lawrence, only, northward and eastward, the narrow tract of 
 land, watered by the rivers running in to 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 
 alorg the banks of the St. Lawrence, from the River Ouelle to the River Metis, or 
 thereabout, was not wanted by the Crown, in order to establish a communication 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 effected 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 the southern Boundary of the new province of 
 Quebec, hiy, not only west of the Sagadahock, but north of the territory lying between 
 that river 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, the final adjustment was precisely that which had 
 been suggested in Mr. Mauduit's communication. By the treaty of 17S3, 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 
 The Ancient Boundaries confirmed by the Treaty. 
 
 The line agreed on by the treaty of 17S3, so far as it is the common Boundary be- 
 tween Nova Scotia and Massachusetts, is a conclusive proof of the intentions of the 
 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 ultimately agreed in the opinion that the river St. Croix was that 
 
 (s) Written Evidence, No. 20. 
 
23 
 
 Boundary. On the part of Great Britain, the intention is still more completely estab- 
 lished, since the description of the treaty Boundary is there evidently borrowed, al- 
 most verbatim, from that which, for the twenty preceding years, had been assigned 
 by the British Government to Nova Scotia. The limits thus prescribed for that pro- 
 vince, are as follows, viz: 
 
 ' ' Bounded on the westward by a line drawn from Cape Sable across the entrance 
 of the Bav of Fundy, to the mouth of the River St. Croix, by the said river to its 
 source, and by a line drawn due north from thence to the southern Boundary of our 
 Colony of Quebec, to the northward by the said Boundary, as far as the western ex- 
 tremity of the Bay des Chaleurs, to the eastward by the said Bay and the Gulf of St. 
 Lawrence, to the Cape or Promontory called Cape Breton, in the island of that name, 
 
 including, &c and to the southward by the Atlantic Ocean, 
 
 from the said Cape to Cape Sable aforesaid, including," &.c. (/) 
 
 The River St. Croix, from its mouth to its source, is declared by the treaty to be 
 the eastern Boundary of the United States; and it had, for twenty years, been the 
 legal western Boundary of the British Province of Nova Scotia. 
 
 From the source of that river, the eastern Boundary of the L nited 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, 1763, been a line 
 drawn due north from that source, to the Southern Boundary of the Colony, (Govern- 
 ment or 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, (it) continued to be " the Highlands which divide the rivers that 
 empty themselves into the said 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 Hritannic Majesty, as early as the year 1763, and continued, at the date 
 of the treaty of 17S3, to be formed by the intersection of a line drawn due north from 
 the source of the river St. Croix, with the Highlands which divide the rivers that emp- 
 ty themselves into the said River St. Lawrence, from those which fall into the 
 Sea. 
 
 It could have been only in reference to that angle, thus precisely described, that the 
 north-west angle of Nova Scotia was at all mentioned in the treaty of 1783. Unless 
 this had been the object, the description would have been as complete without as witlv- 
 the mention of that angle. Whether the place of beginning was, or was not the north- 
 west angle of Nova Scotia, was, unless 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, at the same time, the eastern Bounda- 
 ry of the United Slates, 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, 
 
 (0 Jolm Parr's commission, dated 29th July, 1 78J, which compare with Montague Wilmot's of 21st 
 November, 1763, anil the intervening Commissions. It is worthy of notice that John Parr's Commission 
 bears date only four months prior to the preliminary articles of November 30th, 1782, and of course was 
 granted pending the negotiations for peace. Written Evidence, No. 15. 
 
 («) See the commissions of the several Governors of Quebec, James Murray, in 1763; Guy Carleton, 
 in 1768, and December, 1/74; and Frederick. Ilaldimand, in 1778. In the two first, the descriptive 
 words of the Boundary are taken from the Proclamation of 1763; and in the two last, from the Quebec 
 Act. See Written Evidence, No. 21. 
 
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 States. It was the Boundary 
 between Nova Scotia and the other dominions of Great Britain in that quarter; 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 wasvsufficiently 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 tire rivers that fall into the Atlantic Ocean from those 
 which fall into the River St. Lawrence; and thence, along the sard 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 17S3, as forming, on the north, the said north-west angle of Nova Scoiia, 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 exception 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 
 the part of the United States, as an encroachment on the Charters and territorial 
 rio-hts of Virginia and other Colonies. (*•) It had been provided, in the act itself, 
 that nothing therein contained should, in any wise, afifect the Boundaries of any other 
 Colony; and the great Lakes, from Lake Erie to that of the Woods, were ultimately 
 agreed on by the treaty of 17S3, as the Boundary between the dominions of the two 
 Powers in that quarter. The Mississippi, which, by the treaty, was declared to be 
 the western Boundary of the United States, was not a Boundary wrth 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, substituting 
 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 
 
 (f) See Secret Journals of Congress, Vol. 3 Report of a Committee, made oji the 16th August, 178!?, 
 page 161, and following. Written Evidence, No v 8. 
 
25 
 
 thence due east, 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. That 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. 
 
 "The 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 Apalachicola, or Catahouchee." 
 
 "The Government of East Florida, bounded to the westward by the .... 
 
 Apalachicola 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 the course of the said river, to the Atlantic Ocean." (w) 
 
 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, viz : 
 
 Proclamation of 1763. 
 
 The line crossing the 
 River St. Lawrence and the 
 Lake Champlain, in 45 de- 
 grees of north latitude, pas- 
 ses along the Highlands 
 which divide the rivers that 
 empty themselves into the 
 said River St. Lawrence, 
 from those which fall into 
 the Sea ; and, also, along 
 the north coast of the Bay 
 des Chaleurs. 
 
 Quebec Jict oflll-X. 
 
 A line from the Bay of 
 Chaleurs, along the High- 
 lands which divide the rivers 
 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 
 the same latitude directly 
 west through the Lake 
 Champlain, until, in the 
 same latitude, it meets the 
 River St. Lawrence, &c. 
 
 Treaty of 1783. 
 
 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 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 the 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 of the Boundary of 
 the United States could only begin, and commences accordingly, at the north-west 
 angle of Nova Scotia. 
 
 The rivers intended to be divided, or contra-distinguished, from those emptying 
 themselves into the River St. Lawrence, are defined, in the Proclamation of 1763, 
 and in the Quebec Act, as falling into the Sea ; and, in the treaty, as falling into the 
 Atlantic Ocean. 
 
 ■The word " Sea" is more comprehensive than the words " Atlantic Ocean," not 
 as including Bays or Gulfs, which are parts of the said Ocean, but because it also 
 
 (iv} Hence the reference to East Florida in the last sentence of the treaty, though the name of that 
 Province had not been previously mentioned. 
 
26 
 
 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'' are used there in the same sense. 
 
 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 17S3, 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 what 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 ihe 
 heads or sources of any of the rivers which fall into the Atlantic 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 requires to be explained. 
 
 According to the Proclamation, the 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 4,5th degree of north latitude, that parallel, from the 
 Connecticut to the St. Lawrence, was agreed on as the Boundary Line between the 
 Provinces of New York and Quebec. That agreement having been confirmed by an 
 Order In Council of 12th August, 176S, {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, the Connecticut, at a point 
 below its sources. The line, if defined only as dividing such rivers, must stop at 
 their sources. There was, therefore, a chasm between those sources; between the 
 
 (x) Written Evidence, No. 22. 
 (y) Written Evidencs, No. 26. 
 
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 affords 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, anil 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 Highlands 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, either 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 17C3, and by the Quebec Act, as the southern 
 Boundary of the Province of Quebec, with the Highlands, which, in conformity 
 with the treaty of 17S3, and with the commsssions aforesaid, form the northern 
 Boundary both of the United States, in that quarter, and of Nova Scotia. 
 
 Coincidence of the American Line with the .Indent established Boundaries. 
 
 This real intention of the parties to the treaty of 17S3 being thus made appa- 
 rent, and manifestly flowing from the treaty itself, is alone sufficient to dissipate 
 those arguments by which it has been, and may still be, attempted to substitute, 
 to the clear and explicit expressions of the treaty, certain presumed intentions, 
 gratuitously ascribed 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 leasl reasons why it has 
 been deemed necessary to establish beyond doubt, what were their true intentions. 
 
 But if it be permitted to seek for those intentions elsewhere than in the lan- 
 guage of the treaty, it also follows that they must be found, not in the relative 
 
2S 
 
 situation of the Contracting Powers, in the year 1783, when the ancient line was 
 confirmed, but in the object which 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 1753, 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 Britain 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, 
 either 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 200 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 distance from the 
 River St. Lawrence. In 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 towards the 
 River St. Lawrence, its whole elevation and mountainous aspect may be seen from 
 vessels sailing on that river. Attracting their notice, iV is highly probable that ac- 
 cording to the general practice of navigators in similar cases, it received from them 
 the name of Highlands, which they so uniformly give, without reference to absolute 
 elevation, to the land first seen from the sea, or often seen alone, when sailing along a 
 shore which is comparatively low, and may yet reman invisible. («) 
 
 (c) See M'Kenzie, Henry, Boucliette, Pownall and printed maps— passim, 
 (a) Mount St. Francis, which at the Grand Portage, divides the rivers, and is a part of the ridge, is 
 1037 feet above the level of the Sea, according to Captain Vatridge's barometrical observations. Sup- 
 posing this to be the average elevation of the ridge, as far eastward as the source of the River Metis, it 
 must be a conspicuous object and have the appearance of a continuous chain, when viewed from the 
 river St. Lawrence, but at the sources of the Chaudière and of the Metis the ridge is still more elevated 
 
2» 
 
 Rut it is not to probabilities and conjectures that the United States are compelled 
 to resort in order to sustain their case. The identity of the Highlands, contemplat- 
 ed by anterior authentic acts, emanating from the British Government, with the High- 
 lands described by the treaty of 1733, 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 underslood, to be the identical Highlands now 
 contended for by the United States as their Boundary, under the treaty of 17S3, 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 des Chaleurs, in those several 
 acts of the British Government. 
 
 According to the Proclamation of 17fi3, 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 17o'3 to the date of the treaty of 17S3, 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 
 Chaleurs to the sources of the Connecticut River, is nearly parallel to the course of 
 the River St. Lawrence; and, though cutting off some of the sources of the Ristigou- 
 che and of the St. John, almost coincides with the dividing Highlands. A mere in- 
 spection of that map will satisfy ever) impartial observer that the mention of the Bay 
 des 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 Province of Quebec, was clearly intended to extend 
 thence along those Highlands which 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 supposition is admitted that the southern Boundary of the 
 Province of Quebec was intended to pass south of the River St. John, sn as to form, 
 at its intersection with the line drawn due i.orth from the River St. Croix, the north- 
 west angle of Nova Scotia, the contemplated Boundary along the Highlands must 
 have extended from that angle to the Bay des Chaleurs. On that supposition, the 
 Boundary line, instead of dividing any rivers from other rivers, and of being along 
 any Highlands, whatever, must, from the western extremity of the Bay des Chaleurs, 
 have crossed all the rivers that empty into the Gulf of St. Lawrence and the main 
 St. John River, to some point south of that river, on the line drawn due north from 
 the source of the River St. Croix: And it would thence have extended to the source 
 of the River Chaudière, which falls into the River St. Lawrence, without dividing 
 any other rivers than the tributary streams of the River St. John from some 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 Chaleurs to the nearest 
 source of the Chaudière, is, by Mitchell's map, about 230 miles, and from that source 
 of the River Chaudière, to the River Connecticut, about 90 miles. To say, therefore, 
 
 S 
 
30 
 
 that the southern Boundary of the Province 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 17S3 may bear the marks of partiality, and 
 have been modified in conformity with the pretensions of either party. No such bias 
 could affect those that were published 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 Hislory of the War in America, and annexed to his Histori- 
 cal Journal of the Campaigns in North America. London, 1769. 
 
 .!. British Empire in North America, &c. annexed to Wynn's History of the 
 British Empire, &c. London, 1770. 
 
 1. J. Palairet's North America, with Improvements, &c. by Delarochetle. Lon- 
 don, 1765. 
 
 5. J. Ridge's British Dominions in North America, &c. annexed to a complete 
 History of the late War, &c. Dublin, 1766. 
 
 (4) Let it also be observed that the north-west angle of Nova Scotia must have necessarily been under- 
 stood to be north of the main Hiver St. John; since the western extremity of the Bay des Chaleurs, 
 being more north-west than any point south of that 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 Boundary of the 
 Province of Quebec extended from the said western extremity to any point south of the main river St. 
 John. 
 
 (c) This Boundary having been established only in 1763, could not be exhibited, and does not appear, 
 in Mitchell's Map which was published in 1755. 
 
 (d) Topographical Evidence, Printed Maps. 
 
31 
 
 6. North and South America, bv 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. 
 
 (Jefl'ery's Atlas.) 
 S. North America improved from D'Anville, with divisons by P. Bell, engraved 
 by R. VV. Seale.— 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 is 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, the Scoodic, 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 instead of a straight line. 
 
 That lire, in most of the maps, 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 eastward, in some of the maps, reaches the Bay des Chaleurs, by 
 passing north of, and leaving on the right, the river Ristigouche: in others, it extends 
 along the dividing 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 
 
 (f) This map is die same with No. 46. with the difference only of the boundaries of the several Pro- 
 vinces which, in No. 47, are laid down, according- to the Geographer's conception, in conformity with 
 the Proclamation of 1763. 
 
 (/) This is also the case in Mitchell's Map. 
 
32 
 
 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 (hat point to the Connecticut River, divide the rivers that fall into the 
 River St. Lawrence, from the trihutary streams of the River St. John, and from the 
 other rivers that fall into the Atlantic Ocean. 
 
 This universal understanding is easily accounted for. The description 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 Bonndary of the United States by the 
 treaty of 1783, expressed in terms so clear as to admitof no doubt, and to be susceptible 
 of but one construction. What effect that universal understanding had on the framers 
 of the treaty of 17S3, 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 map 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 Cushing, of Massachusetts, of the 25th of 
 October, 1784, when Mr. Adams's recollections on the subject were quite fresh, he 
 writes: " We had before us, through the iv hole negotiation, a variety of maps; 
 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." (g) 
 
 One of the maps annexed to this statement, (.\o. 12,) that of Emanuel Bowen / 
 published in 1775, is specially quoted in the Report of the Committee of Congress of 
 the 16th August, 17S2, (/<) and was therefore in possession of the American Govern- 
 ment. 
 
 The fact of other maps having been consulted by the American Ministers, is suffi- 
 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 fairly 
 inferred from the words, in the letter of Mr. Adams of October, 1784, " We 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 .litchell. 
 
 On the supposition that 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 the numerous maps of America 
 published during the twenty next preceding years; on the supposition that those Ne- 
 gotiators had no knowledge of such familiar collections as Jeflery's American Atlas, or 
 
 (g) Written Evidence, No. 23. Though the remark may be superflous, it may be observed that the 
 fact of other maps having been consulted is mentioned by Mr. Adams for no particular purpost, and only 
 in order to st^te the whole truth. The River St. Croix was, at that time, the only object of contention, 
 and Mitchell's map was, in that respect, decisive in favor of the pretension of the United States, whilst 
 several of the subsequent maps favored, as to that point, the British claim. 
 
 (A) Secret Journals of Congress, Vol. 3, page 190. 
 
33 
 
 The 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 case 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 17S3. Even 
 on such supposition, it has already been shewn, and further arguments might'be addu- 
 ced to the same effect, that Mitchell's map is sufficient to establish what Highlands were 
 intended by the Proclamation of 1763, and by the treaty of 1783. 
 
 The Provisional Articles of P^ace between Great Britain and the United States 
 had been signed on the 30th of November, 17S2. The Boundaries then agreed on 
 are, without any alteration, the same as those of the definitive treaty concluded on the 
 3d day of September, 17*3. 
 
 Durinsj 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, ai least, (Bew's,) appears to have been intended as illustrative of the Debates 
 in Parliament on the subject of the Boundaries, viz: 
 
 No. 19. Saycr and Bennet's United States of America with the British Posses- 
 sions, &e. London, 9th February. 17S3. 
 
 20. Bew's North America, &c. for Rebel Colonies, now United Statesmen- 
 grave:! for the Political .Magazine. London, 9th February, Ï783. 
 
 21. .1. Wallis' United States of America, &c. London, April, 1783. 
 
 22. J. Cary's United States of America, &c. London, .Inly. 17S3. 
 
 These maps are an evidence of the contemporaneous understanding of the Boun- 
 daries of the United Stales, according to the preliminaries. In all of them those Boun- 
 daries are laid down as now claimed 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 thai understanding; (&) and evidence is not want- 
 ing that it continued to prevail in England for many subsequent years. (/) 
 
 No contradictory evidence has been adduced, unless some lately communicated by 
 the British Government should be intended to shew 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 hunting 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 alter the object of the evidence shall have been fully ex- 
 plained. It is sufficient here 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 17S3, and their un- 
 derstanding, as well of the former limits of the British Provinces as of those agreed on 
 
 (/.) Nos. 2;"! to 29. {I) See Maps, Nos.SOto 35. 
 
 9 
 
34 
 
 by the treaty, have now been made manifest; and that it has been established in the 
 most 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. 
 
 §5 
 
 The British Line inconsistent with, and in direct opposition to the terms of the 
 
 Treaty. 
 
 It was not the object of the inquiry, and it has not been attempted, to refute va- 
 rious objections which have been urged on the part of Great Britain, before the late 
 commission under the 5th article of the Treaty of 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 place 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 17S3, can, at best, be adduced but by way of illustration. They 
 can throw no light on the intentions of the framers of Ihe treaty of 1783; they cannot 
 impair the rights of either 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 the objections to it by the United States. These may, indeed, be 
 easily anticipated, since the arguments in support of the line, contended for by Ameri- 
 ca, were of such nature as to shew, not only that >t accorded, but that no other line 
 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 the eastern Boundary of the 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 the said 
 north-west angle is, therefore, determined to be at the point of intersection of the said 
 north line, with the Highlands in which the rivers that fall into the River St. Lawrence 
 have their sources; and that the said north-west angle thus determined, is, and can 
 be no where else than at the place on the said north line, about 144 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 north line, about forty 
 
35 
 
 miles due north from the source of the River St. Croix, where the said line intersects, 
 or passes along the eastern hasis 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, and this is at present the only subject of discussion, that 
 the place thus designated by Great Britain, 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 
 Gooscquick 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 
 north-west angle is not on the Highlands, which divide the rivers thus expressly de- 
 scribed, but on a Highland or place which divides other rivers than those thus descri- 
 bed, viz: rivers that 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 British 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 the 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 eastvvardly 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 Scotia, as referred 
 to in the treaty of 17S3, and as described in the previous Acts of the British Govern- 
 ment. 
 
 No Highlands dividing the rivers designated in the treaty of 17S3, norany High- 
 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 
 
36 
 
 liiverSt. John, fi) Any line drawn in that direction must, necessarily, within a few 
 miles from Mars Hill, cross that river an.l sink to its level, at a place, which, being 
 not more than eighty miles from the tide water above Fredericton, can be but little 
 above the level of the Sea. Such line, from Mars' Hill to the River St. John, and for 
 some distance beyond it, can divide no other rivers than the tributary streams of one 
 and the same river, viz: the River St. John; and, instead of dividing it, must cross 
 that river itself 
 
 3 It must also be observed, that, by pretending that .Mars Hill is the north-west 
 angle of Nova Scotia, it is, in fact, contended that that Province has two north-west an- 
 gles. For, arguing from the position assumed on the part of Great Britain, the High- 
 lands, forming the northern Boundary and the north-west angle of Nova Scotia, must 
 extend from Mars Hill to the western extremity of Ray des Chaleurs, which western 
 extremity would, in that case, be the north west angle of that Province. 
 
 4. Finally, the Boundary of the United Slates is declared, by the treaty, to be 
 
 " From the north-west angle of Nova Scotia 
 
 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, river.-, falling respectively into the River St. Lawrence and into 
 the Atlantic Ocean. 
 
 But the British line extends along the Highlands which divide the rivers descri- 
 bed in the treaty, only from a point which dividesa north-western source of the River 
 Penobscot that fails into the Atlantic Ocean, from a source of the Majermette branch of 
 the River Chaudière, which falls into the River St. Lawrence, to the north-western- 
 most head of Connecticut River. It is only tor that extent, or about eighty-live miles 
 in a straight line, that the British, which there coincides with the American line, ful- 
 fils the condition prescribed by the treat}-. 
 
 From Mars Hill, the pretended i orth west angle of Nova Scotia and the British 
 place of beginning, to the nearest source 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 Chaudière, it divides only the tributary streams 
 of that river from those of the Penobscot. The British line, therefore, from Mars 
 Hill to the source of the River Chaudière, does, through the whole distance, or about 
 one hundred and fifteen miles, in a straight line, (m) divide no other river than rivers 
 falling into the Atlantic Ocean from rivers falling also into the Atlantic Ocean; or, 
 according to the suggestions of the British Agents, it divides no other rivers than 
 rivers falling into the Bay of Fundy, from Rivers falling into the Bay of Fund y 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 he 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 exteivl from the north-west angle of Nova 
 Scotia to the north-westernmost head of Connecticut River, along the Highlands 
 which divide those rivers that empty themselves into the River St. Lawrence, from 
 those which fall into the Atlantic Ocean; and although those words, from, along, 
 
 (>) SeeSiction from Mars Hill to the mouth of the Hive- des Chutes. Topographical Evidence, 
 Commission S rveys, Nn. 5. 
 
 (m) There is no material difference between those distances as respectively laid down in Mitchell's 
 Map and Map A. 
 
37 
 
 and to are the clearest and strongest which could have been selected for the purpose 
 of declaring that the Boundary thus described, must, through its whole extent, from 
 its beo-innin"- to its termination, be along the said Highlands, yet that clear and impe- 
 rative description may be construed to mean, that the line may, for more than one 
 half of its extent, be along ground, (or as asserted, Highlands,) which is acknowledged 
 not to divide the rivers thus described by the treaty, but to divide only rivers ac- 
 knowledged not to be those contemplated and described by the treaty. 
 
 To this the United States also object, not only as an untenable construction, but 
 as being, to all intents and purposes, an actual and clear substitution of a new provi- 
 sion, to a most express and explicit provision of the treaty. 
 
 It is not intended to examine now the attempts which have been made to sustain 
 such extraordinary pretensions, by resorting to intentions gratuitously ascribed to the 
 framers 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 interpretation. When an act is conceived in clear and pre- 
 cise terms, when the sense is manifest, and leads to nothing absurd, there can be no 
 reason to 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 on 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 in order to maintain what cannot be found in the sense it 
 naturally presents." (Vattel, Book 2, ch. 17, § 263. Written Evidence, No. 25.) 
 
 But without anticipating what new arguments may be advanced on the part of 
 Great Britain, this branch of the subject will be concluded by a single observation. 
 
 The British line passes along that portion alone of the Highlands dividing the 
 rivers described by the treaty, which extends from the source of the Majermettc 
 branch to the sources of the Connecticut River. That portion alone is considered by 
 the British as " the Highlands" contemplated by the treaty; and it lies west from Mars 
 Hill, and, generally, from the line drawn due north from the River St. Croix. Had 
 that portion of the Highlands been thus contemplated 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 become3 altogether incomprehensible that they 
 should have defined the Boundary of the United States from the 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 portion, must, in order to reach it, have 
 described the line to the Highlands, which divide the rivers that fall into the Atlantic 
 Ocean from those which fall into the River St. Lawrence, as a line directly west, and 
 not as a line directly north, from the supposed lake, which, in Mitchell's map, is laid 
 down as the source of the River St. Croix. 
 
 II. 
 
 NimTIt-WESTEKNMOST HEAD OF CONNECTICUT KIVER. 
 
 The Boundary of the United States, is, by the treaty of 17S3, declared to be 
 
 "from the north-west angle of Nova Scotia 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 
 
 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 date of the 
 treaty of 1783, have since been explored and surveyed, by order of the Commission- 
 ers appointed under the 5th 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 Stream, Indian Stream, Perry's Stream, and Main Connecticut, 
 or Main Stream of Connecticut River. From its peculiar characteristic, this last branch 
 might be designated as the Lake Branch or Stream. 
 
 Indian Stream, Perry's Stream, and the Lake Stream, are all united into oi*e, 
 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 17S3, 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, at the date of the treaty 
 of 17S3, 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 observations, 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 differing from either 
 of the words, "source," or, "head branch of the river;" the term "north-westernmost" 
 necessarily implies that there is more than 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 theabove mentioned branches of Connecticut 
 River; and it has accordingly been claimed, on the part of the United States, 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 Commissioner on the part of the United States, under the 5th article afore- 
 said, has decided that the head of the west branch of Indian 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 
 stream, above and north of the place where the 45lh 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 would become, as ap- 
 pears by the surveys, the north-westernmost head of Connecticut River, within the 
 meaning of the treaty. 
 
 (n) Topographical Evidence. Surveys filed with the Commissioners under the 5'.h article of the 
 Treaty of Ghent, Nos. 11 and 12, American Atlas. 
 
39 
 
 The term " north-westernmost head of the River Connecticut," could not have- 
 been intended by the treaty, to designate, at tne same time, both the source of the 
 principal branch of that river, and the source of the branch which might be exclu- 
 sively known, at that time, by the name of Connecticut River; since, whether any of 
 its upper branches was distinguished from all others by that name, and which was the 
 principal branch, were facts unknown to the framers of the treaty, lint, that either 
 of these objects was intended, is equally repelled by the express terms of the treaty. 
 
 The expression '• north-westernmost" necessarily implies, that more than one 
 head of Connecticut river 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 words " 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 lake 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, thus known and distin- 
 guished, still the term " north-westernmost" applied to the intended head, proves that 
 a selection being contemplated, 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 certainly have been omitted. 
 
 The Boundary is, by the treaty, declared to be from the north-westernmost head 
 of Connecticut River, down along the middle of thai river, to the -4 5th 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 first assertion, 
 and taking for granted 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 been shewn to be inconsistent with the designation of 
 •' north-westernmost," affixed to the contemplated head. 
 
 If, as has already been proved, the woril " north-westernmost" necessarily implies 
 a selection amongst the various branches of Connecticut River, which have their 
 sources in the dividing Highlands, it follows, that that branch which shall be found to 
 be the north-westernmost head of Connecticut River, although not emphatically known 
 at the date of the treaty of 1 783, by the name of Connecticut River, or of main branch 
 thereof, is, nevertherless, considered by the 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 contemplated to run. 
 
 This construction, which is alone consistent with the terms of the treaty, is, in 
 fact, admitted on the part of Great Britain, since it has been adopted in relation to a 
 part of the boundary she claims: and this admission, whether for a longer or shorter 
 distance, is equally conclusive, as to the principle. 
 
 It cannot be asserted, it has not been insisted, that either the upper lake of that 
 presumed main branch, or the brook that falls into it, and which is claimed by 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 the source of that 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 the said line is con- 
 tended for, on the part of Great Britain, as running from the 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 centend. 
 
 In what precedes, it has been taken for granted, that the lake branch of the Con- 
 necticut River was exclusively known and distinguished from all others, at the date 
 of the treatv of 1783, by the name oi Main Connecticut River. The United States 
 are not bound to prove a negative. When it is asserted, on the part of Great Britain, 
 that the branch 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 biought 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 distinguished, as the 
 main river, or by any special 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 the river. 
 
 There is not a single map published, prior to the treaty of 1783, in which those 
 branches are laid down correctly; there is not a single one in which any trace can be 
 found of the Connecticut lakes, which particularly characterize the branch pretended 
 to have been known, in 17S3, as the main Connecticut River, (o) 
 
 The first map adduced in evidence, in which Indian Stream (there called river,) 
 .ind 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 17S3, 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 evidence, and which 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 17S3 as the Main Con- 
 necticut, was entitled, to the exclusion of any other, to be 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 Hall's Stream. 
 
 The Boundary Line between the Provinces of New York and Quebec, had been 
 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 it, on the bank of the 
 river, where the Surveyors placed a post, slill subsisting. It was then that Hall's 
 
 (0) Topographical Evidence — Printed Maps published to the year 1T83, inclusively. 
 
 (?) Topographical Evidence — Surveys and Maps under the late Commission, No. 23.— (Carrigan's map.) 
 
 (7) Topographical Evidence— Surveys, No. 30. 
 
41 
 
 Stream received ils distinctive name ; and it was then that the 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 Britain 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 Sit. 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. 
 
 BOUNDARY LINE FROM CONNECTICUT RIVER TO THE RIVER 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 
 
42 
 
 Hampshire, from the northern Boundary of the Province of Massachusetts' Bay, to 
 the 45th degree of north latitude. (/•) 
 
 On the 12th August, 1768, an order was issued by the King in Council, on the 
 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 Board, a report from 
 the Right Honourable the Lords of the Committee of Council for Plantation Affairs, 
 dated the 9th of this instant, upon considering a report made by the Lords Commis- 
 sioners for Trade and Plantations, upon an extract of a letter from Sir Henry Moore, 
 Governor of New York, to ihe Earl of Shelbume, 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 line would pass ; it is, therefore, proposed that 
 the proceedings above stated, 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 proceedings above stated, 
 and order, that the said line of division be run out and continued as far as each Pro- 
 vince respectively extends,'' &e. 
 
 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 «if 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 
 iullest reliance on his zeal, &c. for the due execution of said order, (s) 
 
 Those orders were completely carried into effect, 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 conjunction 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 January, 
 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 be 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 cast and west sides, as you pass along, cutting down only 
 such trees as stand directly in the sight of the compass ; and, at the distance of every 
 three miles, laying together a large heap of stones, and cutting a few notches on the 
 trees nighest 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. ::. {$) Written Evidence, No. 26. 
 
43 
 
 River ; and it is only by adhering to these instructions that you can answer the jus? 
 expectations of the public, from whom you are to receive your reward for performing 
 this important service. You are to return to me a map, with a field book of the sur- 
 vey, in which book you ;<re to take notice of all remarkable waters you cross ; minut- 
 in°", 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." (t) 
 
 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, 
 in 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 had been proposed by the 
 Province of New York, and that the Surveyors were accordingly to proceed on that 
 work." (u) 
 
 The line was accordingly surveyed and marked along the -loth 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 oi 
 12th August, 17fiS, 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 o-ave 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 Sauthier, Deputy Surveyor for New York, and by John 
 Collins, for Quebec. It was completed to the River St. Lawrence, in the year 1774, 
 by John Collins alone, duly appointed to act for both Provinces. (*•) 
 
 A plan " of the Boundary line between the Provinces of Quebec and New York, 
 latitude 45 degrees, variation of the compass !t degrees west, surveyed and completed 
 the 20th October, 177 4, 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 
 S00 pounds for the share of the expenses of the Province, in running out, marking 
 and completing the Boundary Line between the two Provinces. («•) 
 
 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 
 determined by proper observations, was confirmed and ordered to be surveyed by the 
 Crown, and that the work was executed and recorded in the most regular, authentic, 
 and solemn manner. 
 
 It will be found, accordingly, that a grant of twenty thousand acres of land, ad- 
 jacent to the said Boundary Line, was made to Edmund Fanning and others, on the 
 
 M Written Evidence, No. -6. 
 
 ; IVtitten Evidence, No. 26. (e) Written Evidence, Nos. 2* and 27 
 
 ■in Topographical Evidence, Surveys Commission, No. 30. 
 
44 
 
 16th February, 1775, by Cadwallader Golden, Governor of New York, in the name 
 of the King, and under the Great Seal of the Province. The 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 Champlain, intersects the said river ; and 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 
 Ihe 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 
 iVew 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, 176S,") 
 have been granted and held by virtue either of ancient provincial grants, or of grants 
 made by the States of New York and Vermont, (r) 
 
 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-western most 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 ihe 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 cause 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- 
 
 (x) By compass, the variation being nine degrees west. 
 
 (y) Written Evidence, No. 28. (;) Written Evidence, Nos. 29 and 30. 
 
4u 
 
 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 surveyed, 
 under the provincial Government, by orders emanating from the Crown; that this line 
 had, for more than thirty years, from the treaty of 17S3 to that of Ghent, been held 
 as the Boundary between the two countries, without 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 had 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 Quebec 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. 
 
 Washington, June 1st, 1829. 
 
 Vi 
 
DEFINITIVE STATEMENT. 
 
 ON THE PART OF 
 
 THE UNITE» STATES, 
 
 OF THE CASE REFERRED, 
 
 IN PURSUANCE OF THE 
 
 CONVENTION OF 29TII SEPTEMBER, 1827, 
 
 BETWEEN THE SAID STATES AND 
 
 GREAT BRITAIJV, 
 
 TO HIS MAJESTY 
 
 THE KING OF THE NETHERLANDS, 
 
 FOR HIS DECISION THEREON. 
 
 PRINTED, BUT NOT PUBLISHED. 
 
 WASHINGTON: 
 
 THE U 
 1829. 
 
 
CONTENTS. 
 
 Page. 
 NORTH-WEST ANGLE OF NOVA SCOTIA, &c. - 1 
 
 § 1. Preliminary Observations, - - 1 
 
 First Part. — Objections to the American Line examined, - - 4 
 
 § 2. General Arguments, applicable to both the Bay of Fundy and the Gulf of 
 
 St. Lawrence, ........ 4 
 
 1. Refutation o the assertion, that it was intended to assign to each Power, 
 the whole of the rivers which had their mouths in their territories, re- 
 spectively, ........4 
 
 2. The term " Alantic Ocean," in its usual acceptation, embraces the 
 
 Bay of Fundy and the Gulf of St. Lawrence, - - - - S 
 
 ; 3. Objection derived from the designation of the Bay of Fundy, as distinct 
 
 from the Atlantic Ocean. (First British Argument — Summary,) - 14 
 
 1. The special designation, which in one clause of the treaty, restrains, can- 
 not affect the general meaning of the term " Atlantic Ocean,'' in another 
 clause, ---------14 
 
 2. Reason why the Bay of Fundy was thus specially designated in that 
 clause of the treaty, ....... X8 
 
 4. Objections to the River St. John, derived from other sources than the terms 
 
 of the treaty. (Second and Third British Argument — Summary.) - 23 
 
 1. The proposal on the part of the United States, prior to the treaty of 
 1783, to make the River St. John the boundary, does not aft'ect their 
 right to the contested territory, - - - - - 23 
 
 2. The Canadian origin and subsequent sales, &c. of the Fief of Mada- 
 waska, are altogether irrelevant to the question, - - - 28 
 
 3. The notice, in 1765, not to hunt on Indian grounds, does not prove that 
 they were held to be within the Province of Quebec. Fourth British 
 Argument^ - -- - - - - -33 
 
 j 5. Objections relating to the Gulf of St. Lawrence, - - - - 34 
 
 1. Further proofs that the rivers, emptying themselves into that Gulf, are 
 comprehended amongst those designated in the treaty, as '• Rivers that 
 
 fall into the Atlantic Ocean." ------ 34 
 
 2. The error in Mitchell's Map cannot affect the obvious meaning of the 
 terms of the treaty, ------- 36 
 
 ; 6. Objections derived from the signification of the term "highlands." (Fifth 
 
 British Argument — Summary,) ... 40 
 
 l.That term, indeterminate in its general sense, does not necessarily 
 mean a mountainous country: defined by the annexed condition of divid- 
 ing rivers; proper in that general sense, as descriptive of any dividing 
 ground whatever, ....... 40 
 
 2. It is used as synonymous with " height of land;" which last term is ap- 
 plied exclusively to the ground which divides rivers, without reference 
 
 to the absolute elevation or character, in other respects, of such ground, 44 
 
 3. Mitchell's Map proves, that the negotiators did not. by '•highlands," 
 mean a generally mountainous country, - - - - 48 
 
 4. The surveys under the late Commission do not even prove the facts, 
 (irrelevant if proved.) asserted, respecting the character of the highlands 
 claimed by the two parties respectively. - 18 
 
IV 
 
 Page. 
 
 § 7. Objections derived from a presumed constant assertion of the British 
 
 claim since the treaty of 1783. (Fourth British Argument — Summary) - 50 
 
 I. Attempts by Canada. 1783-179-4, ... 50 
 
 •:. Madawaska Settlement, ...... 55 
 
 3. British claim not asserted, 1794-1814, - 56 
 
 4. American claim asserted, - 58 
 
 5. Negotiations of Ghent, 1814, - - GO 
 6. New Brunswick Jurisdiction. ----- 62 
 
 Second Fait. — The British Lint examined, - - - 63 
 
 8. The terms of the treaty are irreconcilable with the British pretension, 63 
 
 1. The North-west angle of Nova Scotia must be on the dividing highlands, 64 
 I. The boundary line must, from the said angle lo the North-westernmost 
 
 source of Connecticut River.be along the said dividing highlands, - 66 
 î. Interpolations and substitutions of other expressions to the terms of the 
 treaty, suggested by the British Agent and Commissioner, under the late 
 Commission, --------68 
 
 4. Attempt to pervert the meaning of the word ''to divide" - - 71 
 
 i 9. Intentions of the framers of the treaty of 1783, ascertained, - - 72 
 
 1. Deduced from the identity of the boundary, designated by the treaty, 
 with those assigned bv the previous public acts of Great Britain, to the 
 Provinces of Quebec and Nova Scotia - - - - - 73 
 
 2. Inferred from the maps published between 1763 and 1783, - - 77 
 
 3. Proved by Mitchell's Map, which is acknowledged to have regulated the 
 
 joint and official proceedings of the framers of the treaty, - - 78 
 
 II. § 10. NORTH-WESTERNMOST HEAD OF CONNECTICUT RIVER, 82 
 
 III. 5 11. BOUNDARY LINE FROM THE CONNECTICUT RIVER, TO 
 
 THE RIVER ST. LAWRENCE, .... 86 
 
 NOTES TO THE STATEMENT. 
 
 A Extent of the Fief of Madawaska. ...... 88 
 
 B Governor Pownall's information, ------ 88 
 
 C Surveys filed with the Commissioners under the 5th Article of the Treaty of Ghent, 89 
 
 D Mr. Gallatin's Letter of the 25th December, 1814, - - - - 94 
 
 E Observations on the Engraved Maps, ------ 95 
 
 F Adolphus's History of George the Third, - - 96 
 
ERRATA. 
 
 Definitive Statement. 
 
 Page 9, line 20 — For "distnict," read "distinct." 
 
 14, " 9— For " nor" read *■ or." 
 
 58, " 40— For "the" read "her." 
 
 " " 41— Strikeout "of Great Britain." 
 
 41, " 36 — For " conditions" read "condition." 
 
 43, " 23— For " had" read " have." 
 
 44, " 25— For "therfore" r^-ad "therefore." 
 
 45, " 46 — For "their" read "the." 
 
 48, " 50 — For "unncessary" read "unnecessary." 
 
 50, " 32— Strike out "of." 
 
 51 ( " 44— For " of," at the end of the line, read " to." 
 
 53, " 33— Strike out "by." 
 
 59, " 6 — For " pos9ssion" read "possession." 
 
 90, " 50— For "in" read "on." 
 
 91, " 7— Strike out » that of." 
 
 92, " 7— For " Bast" read " West." 
 
servalKMts. 
 
 STATEMENT. 
 
 I. 
 
 NORTH-WEST ANGLE OF NOVA SCOTIA, &c. 
 
 \ 1. 
 
 PRELIMINARY ORSERVATIONS 
 
 Some of the Preliminary Observations of the First Statement, on the part of Great Preliminary ot 
 Britain, appear to have been intended for the purpose of suggesting, that the treaty of 
 1783 ought to be interpreted by rules different from those universally recognised for 
 the construction of treaties in general. 
 
 It is difficult to understand, for what other purpose it is asserted, that a Boundary 
 established between the United States and the remaining British Provinces, and there- 
 fore common to both, "was made in reference to the boundaries of the Provinces 
 relinquished, and not in reference to those which remained under the sovereignty of 
 the King:" an assertion which appears still more extraordinary, when it is recollected, 
 that the description in the treaty of the Boundary in question, is almost literally bor- 
 rowed from that of the boundaries theretofore assigned by Great Britain to the Pro- 
 vinces of Nova Scotia and Quebec. 
 
 Another assertion equally uncalled for, is, that the relative position of Great Britain 
 to the United States, at the time of negotiating the Treaty of 1783, (or the Provisional 
 Articles of Nov. 1782,) was that of "a Mother Country treating with Colonies not 
 yet recognised as independent;" and that "from the period of the cession by France 
 of the Province of Canada in 1763, to that of the peace of 1783, the whole of that por- 
 tion of N. America belonged to Great Britain." 
 
 It might with equal propriety be asserted, that all the United Provinces of the 
 Netherlands had belonged to Spain till the treaty of Westphalia. It is notorious and 
 in proof, that the United States refused to open a negotiation with Great Britain, 
 until their independence had been previously actually recognised; and that Richard 
 Oswald, the Commissioner appointed on the part of Great Britain, was accordingly, 
 by his Commission dated 21st September, 1782, authorized to treat with any Com- 
 missioners or persons vested with equal powers by and on the part of the thirteen 
 United Slates of America; his former commission of the 7th of August preceding, 
 appointing him to treat with any Commissioners, named or to be named by certain 
 Colonies or Plantations therein specified, being at the same time expressly revoked 
 by his said second commission, (a) 
 
 The acknowledgment of the independence of America was only the recognition 
 of an existing fact : an acknowledgment not wanted by the United States, in order to 
 establish the fact, but which, by putting an end to the war, was highly important to 
 them; and, it may be presumed, not undesirable to Great Britain. 
 
 (a) Written Evidence, No. 9 (a) 
 
srrvîltum 
 
 2 
 
 Preliminary Ob- All claims to the territorial rights of the United States are relinquished,, on thi 
 
 part of Great Britain, by the same article which acknowledges them to be indepen- 
 dent States. 
 
 This relinquishment, which was a necessary consequence of their independence, 
 is entire, complete, and without any restriction or exception. The Contracting Powers 
 proceed then, in the Second Article, and in order to prevent disputes, which might 
 arise from their uncertainty if not expressly described, to declare and define the actual 
 boundaries, as resulting from that relinquishment. It follows, therefore, that this 
 Second Article is subject to no other rule of construction, bat such as are admitted to 
 apply to any Treaty concluded between equal and independent nations. 
 
 The principal object, however, of the Preliminary Observations of the British 
 Statement is to suggest, that, the whole subject of boundaries being involved in obscu- 
 rity, and the Negotiators having been unable to define them with sufficient accuracy, 
 the very terms of the treaty manifest the uncertainty of the Negotiators, and itis neces- 
 sary to appeal from its letter to what is called its spirit and their intentions. 
 
 Whatever uncertainty may, from the first instructions of Congress, be presumed 
 •o have existed in that body, respecting the true boundaries of Massachusetts' Bay, is 
 evidently to be ascribed to the want of a sufficient investigation of the Charter of that 
 Province, and of the other Public Acts of Great Britain, affecting the subject, which 
 have been stated at large in the first American Statement. And it is equally evident, 
 that, whatever may have been the cause of that uncertainty, there was none in that, 
 respect on the part of the framcrs of the Treaty. 
 
 In obedience to those instructions, the alternative was in the first instance offered, 
 cither to declare the River St. John to be the Boundary, or that the true line between 
 Nova Scotia and the United States should be settled by Commissioners, as soon as con- 
 veniently might be after the war. The last alternative would undoubtedly have been 
 adopted, had there been any uncertainty on the part of the Negotiators, and had they 
 thought it absolutely impossible to lay down with sufficient accuracy the several points 
 and lines of the Boundary in question. Instead of which, after a due investigation of 
 the Charter and other Public Acts of Great Britain, they ultimately agreed, not to 
 leave the subject in that state of uncertainty in which the proposed reference to Com- 
 missioners would have placed it, hut actually to define the boundary in conformity 
 with the provisions of that Charter, as modified or explained by those other several 
 Public Acts. 
 
 A doubt indeed afterwards arose, which it became necessary to settle by a special 
 commission, with respect to the true River St. Croix. Relying on the use of Mit- 
 chell's Map, the American Negotiators had expected that no question could arise 
 even as to that point. But, in reference to that portion of the boundary which is now 
 alone the subject of discussion, the terms of the Treaty are neither uncertain nor obscure, 
 but on the contrary equally clear, precise, and appropriate. 
 
 The North-west Angle of Nova Scotia, as claimed by the United States, is, in 
 strict conformity with those terms, on highlands which actually divide the rivers that 
 empty themselves into the River St. Lawrence from the waters of the Ristigouche. 
 And the boundary line, as claimed by them, extends thence, through its whole extent, 
 to a certain source of the Connecticut River, along highlands which actually divide 
 rivers that empty themselves into the River St. Lawrence from the waters of the 
 Ristigouche, the St. John, the Penobscot, the Kennebec, the Androscoggin, and the 
 Connecticut; all which rivers, as the United States contend, fall into the Atlantic 
 Ocean. 
 
 Mars' Hill, which Great Britain pretends to be the North-west Angle of Nova 
 Scotia, is acknowledged by her to be a highland which neither divides, nor is within 
 one hundred miles of any highland that does actually divide, rivers that empty them- 
 
selves into the River St. Lawrence, from any other river or rivers whatever. And Preliminary Oh 
 it is likewise acknowledged, on her part, that the boundary line, claimed by her, is, 
 from that point, and through three-fifths of its extent, along highlands which do not 
 actually divide rivers that empty themselves into the River St. Lawrence, from any 
 other river or rivers whatever. 
 
 The question at issue between the two Governments therefore is, whether the 
 terms of the Treaty, which describe the North-west Angle of Nova Scotia and the 
 boundary line from that point to a source of the Connecticut River, as being respec- 
 tively on and along the highlands, which divide those rivers that empty themselves 
 into the River St. Lawrence from those which fall into the Atlantic Ocean, are sus- 
 ceptible of the following interpretation, viz: that the North-west Angle of Nova 
 Scotia and the said boundary line, for three-fifths of its extent, may be respectively on 
 and along highlands, which do not actually divide the rivers as above specified. 
 
 In order to sustain her extraordinary pretension, it was incumbent on Great Bri- 
 tain, before she proceeded to search for the intentions of the Negotiators, to prove, 
 in the first place, that the terms of the treaty were susceptible of the interpretation 
 which she ascribes to them. 
 
 Instead of pursuing this course, not a single argument is adduced, in the British 
 Statement, to sustain the main position on which the pretension of Great Britain is 
 founded. No attempt is made to prove, that the terms of the treaty can be so interpreted, 
 as to mean the reverse of what they express. And it is because those explicit terms arc 
 wholly irreconcilable with her pretensions, that Great Britain is compelled to suggest, 
 as has been done in the Statement on her part, an appeal from the letter of the treaty 
 lo what is very improperly called its spirit, and to certain intentions which, it will be 
 found, have been most gratuitously ascribed to the framers of the treaty. 
 
 Admitting that there was some foundation for the several objections contained in 
 the British Statement: admitting, which is altogether denied, that the term "Rivers 
 which fall into the Atlantic Ocean," is, in that sentence, of doubtful import, and, 
 what is equally unfounded, that the term "Highlands" implies a character which docs 
 not attach to the ground over which the American line extends : yet, the place 
 claimed by Great Britain, as the North-west Angle of Nova Scotia, and three-fifths 
 of what she asserts to be from that point the boundary line, would still be on grounds, 
 or Highlands, other than those prescribed by the express terms of the treaty. 
 
 This observation would of itself be a satisfactory answer to all those objections. 
 It is a matter of regret that they cannot be fully examined and refuted, without enter- 
 ing into details, which will extend this Reply much beyond what was desirable or had 
 been anticipated. But although the course, thus forced upon us, may be attended 
 with the inconvenience of giving an appearance of complexness to a question most 
 simple and clear in itself; the investigation will at least have the advantage of expos- 
 ing, in a striking manner, the arguments which must be resorted to, in the attempt to 
 sustain the pretensions of Great Britain, and of placing in a still stronger light the 
 solidity of the right of the United States to the contested territory. 
 
 The observations in the British Statement embrace the following points, viz: 
 
 A general assertion, that the framers of the treaty of 1783, intended to give to 
 each Power the entire possession of the rivers which have their mouths within their 
 Dominions, respectively. 
 
 The geographical signification of the term "Atlantic Ocean." 
 
 The effect which the designation of the Bay of Fundy and of the Gulf of St. Law- 
 rence, by their specific names, in one sentence, may have on the term " Rivers which 
 fall into the Atlantic Ocean," in another sentence of the treaty. 
 
 The inductions which may be drawn, in reference to the same term, from the ne- 
 gotiations of ITS 2, and from the Canadian origin of a certain grant of land known by 
 the name of " Fief of Madawaska. " 
 
serrations. 
 
 Preliminary oil- The signification of the term " Highlands," and the character of those claimed by 
 
 both Powers respectively. 
 
 The Acts of both Parties, and the opinions expressed by some of their officers, 
 in relation to the contested territory, subsequent to the treaty of 1783. 
 
 Those several points will be successively investigated ; always recollecting, how- 
 ever, that they do not affect the main question at issue, to which we will afterwards 
 revert. 
 
 FIRST PART. 
 
 OBJECTIONS TO THE AMERICAN LINE EXAMINED. 
 
 « 2. 
 
 GENERAL ARGUMENTS APPLICABLE TO BOTH THE T.AY OF FUNDY AND THE 
 
 GULF OF ST. LAWRENCE. 
 
 Rivers intersect- The nrst effort in the British Statement, to prove that the rivers described, in the 
 
 Treaty, as falling into the Atlantic Ocean, do not include those that empty themselves 
 into the Bay of Fundy and the Gulf of St. Lawrence, consists in an appeal to certain 
 pretended intentions of the framers of the treaty, in the following words: 
 
 " There being between them, (Canada and Nova Scotia,) at the period of the treaty 
 of 1782—3, no certain and acknowledged Boundary, no man knew where the north- 
 west angle of Nova Scotia really was; and the negotiators of the treaty proceeded by- 
 other modes to describe the intentions of their respective Governments, which were, 
 to give to each Power the entire possession of the great rivers which have their mouths 
 wjthin their dominions respectively." 
 
 That there were certain and acknowledged boundaries between Canada and Nova 
 Scotia, at the period of the treaty, and that the reference in it, to the north-west angle 
 of Nova Scotia, could not have been made, had not this been a point previously 
 determined, has been conclusively established in the First American Statement. No 
 man, indeed, knew the spot of ground where that angle would be found; but, in order 
 io ascertain this, nothing more was believed, at the date of the treaty, to be required, 
 than the operation of surveying the line, to be drawn due North from the source of the 
 River St. Croix, till it met the dividing highlands. And admitting the unfounded 
 supposition, that there was at that time any uncertainty with respect to those high- 
 lands, it is most certain, that the negotiators of the Treaty resorted to no other modes 
 lo describe the intentions of their respective Governments, than that of defining the 
 boundary in the Treaty itself. 
 
 The assertion is inferred, from what is called the rationale of the case, and from 
 'he preamble of the preliminary articles of 1782. 
 
 The rationale of the case consists in saying, that, "by the treaty, the River St. 
 Croix, which is described as having its mouth in the Bay of Fundy, is expressly 
 assigned as the extreme eastern limit of the United States;" and that, "in the meri- 
 dian of the source of this River, is placed the point of departure for the whole line of 
 boundary, which is to be thence traced westward." Whence it is inferred: 
 
 1st. That "It was evidently determined, in this very important part of the boun- 
 dary, to divide from each other, at their sources, the several great rivers assigned to 
 each power. Such intent, the expression 'highlands which divide,' plainly denotes; 
 for what could bo the object of selecting highlands at all in reference to rivers, if thosp 
 
rivers were to be divided by the Line of Boundary indiscriminately, cither at their ? lTOB intcrsecl 
 sources, or in any part of their course?" 
 
 2dly. That " the St. Croix being the extreme eastern limit of the'United States, the 
 only rivers which could have been intended to have been thus divided, were surely 
 those which empty themselves between the meridians of St. Croix, eastward, and of 
 the head of the Connecticut River, westward; thus securing to the United States the 
 whole of each river emptying within their own territory, and to Great Britain the 
 whole of each river emptying within her territory." 
 
 In the first of those inferences, the term " to divide" is used in two different senses. 
 Where it first occurs, and as applied to the highlands, it means, to separate the sourcesol 
 one class from the sources of another class of rivers. In the next sentence, and as ap- 
 plied to the due North line, it means, to cross or intersect one and the same river. 
 
 And thus, because the Boundary, extending ; westward!}- from the north-west angle 
 of Nova Scotia to the source of Connecticut River, was to separate from each other, at 
 their sources, the several rivers falling respectively into the River St. Lawrence, and 
 into the Atlantic. Ocean; it is inferred, that it was intended that none of those rivers 
 should be intersected in any part of their course, by another and distinct portion of the 
 boundary. 
 
 The second pretended inference is only a repetition of the assertion intended to be 
 proved. There is no connection between the fact, that the sources of the rivers to be 
 divided, lie westward of the meridian of the source of the St. Croix, east of which the 
 United States can claim no territory, and the assumed conclusion, that the United 
 States cannot claim that portion of the country watered by those rivers, which is 
 situated /rest of that meridian. 
 
 The United States contend, that the intention of that clause of the treaty is precisely 
 what it purports to be, viz. that the boundary line should, through its whole extent from 
 the north-west angle of Nova Scotia to the head of Connecticut River, divide from 
 each other the rivers that empty themselves into the River St. Lawrence, from those 
 which fall into the Atlantic Ocean; that this imperative clause, thus to divide the said 
 rivers, applies exclusively to that particular part of the Bouudary thus precisely de- 
 lined; that it does not prescribe, either to divide or not to divide rivers, nor contains 
 any injunction whatever, with respect to any other portion of the Boundary between the 
 two Powers; and that every other portion of the said Boundary is defined distinctly, 
 and must be understood as thus defined, according to the terms in which each such 
 portion is respectively described. 
 
 It is hardly necessary to advert to the pretended " anomaly which attends the line 
 destined to divide ttie -St. John, if an Atlantic River, from the St. Lawrence 
 Rivers, namely, that that line woidd be absolutely obliged to cross the St. John in the 
 middle of its course, in order to arrive at its source, for the purpose of dividing it from 
 the rivers flowing into the Si. Lawrence." 
 
 The line, which by the treaty is not only destined, but expressly directed, to divide 
 the St. John from the St. Lawrence rivers, is thai alone which extends from the north- 
 west angle of Nova Scotia, to the head of Connecticut River; and the due North line 
 from the source of the St. Croix, which does actually cross the St. John, is, in no 
 manner whatever, directed, destined, or intended, to divide the tributary streams of 
 that River from those that fall into the St. Lawrence. 
 
 But when it is added, thai, if il had been intended, that the due North line should 
 cross the River St. John, there can be no doubt that such a peculiarity would have 
 been specifically adverted to; it must have been forgotten, that both the direction and 
 length of a straighl line are determined by the two points ai its two extremities, so as to 
 render any further description superfluous; and that, accordingly, although it was 
 equally well known, that the Boundary along the parallel of the 15th degree of North 
 
Rivas intersect- latitude would cross Lake Ghamplain, and that the southern Boundary would also. 
 
 ed. .... . . 
 
 cross the Mobile, those peculiarities were neither in the treaty, nor the negotiations, 
 specifically adverted to. (b) 
 
 Some general expressions, in the preamble of the provisional articles, considerably 
 modified in that of the definitive treaty, have been resorted to, as referring to the 
 boundaries, and as proving that the negotiators had other boundaries in view than those 
 which arc expressly defined in the treaty. 
 
 That preamble was originally prefixed, in the same words, to the four articles agreed 
 upon, on the Sth October, 17S2, between Richard Oswald, Benjamin Franklin, and 
 John Jay, and which are contained in the paper No. 1, enclosed in B. Franklin's let- 
 ter, of 5th December, 1782. (c) 
 
 The 4th Article is in the following words: 
 
 '•That the navigation of the River Mississippi, from its source to the Ocean, shall 
 for ever remain free and open, and that both there, and in all rivers, harbors, lakes, 
 ports, and places, belonging to his Britannic Majesty, or to the United States, or in 
 any part of the world, the merchants and merchant ships of the one and the other, shall 
 be received, treated, and protected, like the merchants and merchant ships of the sove- 
 reign of the country: that is to say, the British merchants, and merchant ships, on the 
 one hand, shall enjoy in the United States, and in all places belonging to them, the said 
 protection and commercial privileges, and be liable only to the same charges and duties 
 as their own merchants and merchant ships; and on the other hand, the merchants and 
 merchant ships of the United States, shall enjoy in all places belonging to his Britannic 
 Majesty, the same protection and commercial privileges, and be liable only to the same 
 charges and duties of British merchants and merchant ships, saving always to the 
 chartered trading companies of Great Britain, such exclusive use and trade, and their 
 respective posts and establishments, as neither the subjects of Great Britain, nor any 
 of the more favoured nations participate in." 
 
 It is impossible not at once to perceive that the expressions used in the preamble, 
 "principles of liberal equity and reciprocity," and, "partial advantages being ex- 
 cluded," so that "a beneficial and satisfactory intercourse between the two countries 
 may be established," applied in the most direct, if not exclusive manner, to the clauses 
 of the aforesaid 4th Article, which provide for a reciprocal, liberal, and beneficial 
 intercourse between the two countries. 
 
 No such provision was inserted in the Preliminary Articles of November, 17S2. 
 Dr. Franklin, in his letter of 5th November, 17S2, alluding to that omission, says, 
 "The reason given for dropping the article relating to commerce, was, that some 
 statutes were in the way, which must be repealed before a treaty of that kind could 
 he well formed, and that this was a matter to be considered in Parliament" (d) 
 
 There being still an expectation, that an agreement might be made on that subject, 
 the Preamble was suffered to remain in the Preliminary Articles. But when, after a 
 long negotiation, which took place during the course of the year 1783, and the details 
 of which may be seen in Dr. Franklin's Correspondence, (e) it was found that there was 
 no longer any hope of establishing, as had been at first intended, a beneficial commercial 
 intercourse between the two countries, and that, accordingly, no provision could be 
 inserted in the treaty to that effect, the Preamble, which was applicable to that object, 
 was considerably modified, omitting in the Definitive Treaty the most pointed, and 
 preserving only the most general expressions. 
 
 (li) It cannot even be asserted, that the fact of the due North line crossing- the River St. John, was not 
 adverted to in the negotiations, since there is no account extant of the discussions which took place i 
 'hat respect, subsequent to the rejection of the first project. 
 
 (r) Written Evidence, No. 9. (o) 
 ../) Dr. Franklin's 3d vol. page 285. (/:) Ibid, pages 321— 371. 
 
An allusion has also been "made to the iîrbt sentence of the Second Article of J^wintamM 
 the Definitive Treat) . 
 
 All claims to the territorial rightsof the United States, and of every part thereof, 
 having been relinquished by his Britannic Majesty, in the first Article; (lie second, in 
 continuation, is thus expressed, viz: "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." 
 
 It is obvious from the tenor of the Article, that the disputes on the subject of boun- 
 daries, intended to be prevented, were those which might have arisen, not from their 
 not being ever)' where equally convenient to both parties, but from their uncertainty, 
 had they been left subject to the doubtful interpretation of the indefinite term "terri- 
 torial rights," instead of being specially and precisely described. 
 
 The proper answer, however, to every inference attempted to be drawn lrom such 
 general expressions, used in a Preamble, or as introductory, is, that their true intent 
 can only be found in the actual conditions of the treaty, instead of deducing the mean- 
 ing of those conditions from conciliatory expressions of vague import, which are usual 
 and proper in most treaties of peace. 
 
 The general assertion, respecting the intentions of the framers of the Treaty, is nol 
 only unsupported by proofs, but it is disproved both by the avowed intentions of the 
 negotiators, and by the various provisions of the treaty. 
 
 It has been conclusively shewn, in the First American Statement, that wherever it 
 was practicable, and clearly with respect to the portion of the boundary under discus- 
 sion, the boundaries were declared and designated by the treat)', not on any abstract 
 principle, or arbitrary grounds, nor with a view to presumed convenience, but in 
 exact conformity with the boundaries previously established by the public acts of 
 Great Britain, (f) This having been the undeniable intention of the negotiators, 
 and being incontestably proved by the coincidence of the expressions used in the 
 treaty and in those acts, is alone a conclusive proof, that their object was not to assign 
 to each Power the entire possession of those rivers, which had their mouths within 
 their territories respectively. 
 
 This presumed intention is equally disproved by the decisive fact, that it was 
 not adhered to, with respect to any other part of the Boundary. 
 
 From the Connecticut River to St. Regis, on the River St. Lawrence, the Bounda- 
 ry is a due west line, along the 45th parallel of North latitude, which crosses Lake 
 Champlain, and several other tributary streams of the River St. Lawrence, leav 
 ing within the United States, the upper branches and the sources, and within the 
 dominions of Great Britain, the mouths and lower portion of those streams. 
 
 From St. Regis to the western extremity of Lake Superior, all the rivers from the 
 South, which fall either into the River St. Lawrence, or into the great lakes with 
 which it communicates, are within the boundaries of the United States: Whilst all the 
 rivers which, flowing from the South, fall into the River St. Lawrence below St. 
 Regis, and all the rivers without exception, which flow from the North, cither into 
 the great lakes, or into that river, are, together with the mouth 'and sole outlet into 
 the Sea of that immense body of waters, assigned to Great Britain. 
 
 All the inconveniences, with respect to navigation, or to a division, between the 
 two Powers, of a country lying on the banks and waters of the same River, which 
 arc ascribed, by Great Britain, to the treaty boundary line, so far as it affects the River 
 St. John, apply, with equal and greater force, to the River St. Lawrence, and to the 
 extensive countries situated on its waters. And, on the principle she assumes, 
 
 (/) Viz: The Charter of Massachusetts' Bay, the Royal Proclamation of 1763, the Act of Parliament 
 r Q.uebec Act] of 1774, and the Commissions of the Governors of Nova Scotia, to the year 17y~ 
 
Rivers intersect- g | ic m jght, with equal consistency, justice, unci adherence to the terms of the treaty, 
 claim all the territory, on the South of the River St. Lawrence, and of its great 
 reservoirs, which belongs to the United States, as she now does the upper half of 
 the basin of the River St. John, which lies West of the line drawn due North from 
 the source of the River St. Croix. 
 
 On the other hand, as it will be conclusively established in the course of this in- 
 quiry, that the upper basin of the St. John is, by the express terms of the treaty, 
 within the boundaries of the United States; in what respect, on the principle she as- 
 sumes, is the right of Great Britain to that territory better founded, than that of 
 the United States to the lower basin, and to the mouth of that River; that is to say, to 
 the most valuable part of the Province of New-Brunswick? 
 
 In the same manner the Southern boundary, from the banks of the Mississippi, ex- 
 tends to the source of the St. Mary's River, crossing, not far from their mouths, the 
 great Rivers Mobile and Appalachieola, and numerous other considerable streams, leav- 
 ing the mouths of all those rivers, together with a narrow slip along the sea coast, 
 without the Boundaries of the United States; whilst the whole of the upper, or more 
 than nine-tenths of the country watered by those rivers and their tributary streams, 
 is, by the treaty, declared to be within their dominions. 
 
 The Rivers St. Croix and St. Mary, from their mouths to their sources; the River 
 Connecticut, from its source to the 45th degree of North latitude; the Mississippi, from 
 the latitude of the Lake of the Woods to that of the 31st parallel; the water commu- 
 nication between Lake Superior and that of the Woods; that Lake; a due West line 
 from its North-western extremity to the Mississippi, and finally the due North line 
 from the source of the River St. Croix to the Highlands, complete the description of 
 the boundaries prescribed by the treaty. 
 
 Not a single portion of the Boundary is described by the treaty, as dividing from 
 each other the rivers flowing in different directions; that alone excepted, which ex- 
 tends from the North-west angle of Nova Scotia to the North-westernmost head of 
 Connecticut River. 
 
 The United States contend, that, through its whole extent between those two 
 points, and in no other part of it, the Boundary line must divide the rivers as de- 
 scribed in the Treaty. 
 
 And when Great Britain insists, that the intention of the negotiators was to di- 
 vide the rivers, so as to assign to each Power, respectively, the whole country situated 
 on those, the mouths of which were in their territories; it is for the purpose of drawing 
 the extraordinary inference, that the only portion of the Boundary, which is expressly 
 designated by the treaty as dividing, is precisely that which was intended, not to di- 
 vide the rivers that empty themselves into the River St. Lawrence, from those that 
 fall into the Atlantic Ocean. 
 
 Let it be further observed, that, with respect to the waters of the River St. John, 
 the Boundary was established, and the British claim is now asserted in direct contradic- 
 tion to the suggested intention. It was known to the framers of the treaty, as will ap- 
 pear by Mitchell's Map, that the due North line must necessarily cross the Western 
 tributary streams of that river. The line does accordingly cross some of its waters, 
 within two miles of the source of the St. Croix, and before it reaches Mars' Hill, no 
 less than three of those tributary streams, viz: Bull's Branch, the River Meduxnekeag, 
 and the Prcsqu'isle River. The country on the West and along thirty -eight miles of 
 the due North line, watered by those three rivers, is acknowledged by Great Britain to 
 be within the territories of the United States, although the mouth of that river is with- 
 in her dominions. 
 Ocean. Geographical practice is declared, in the British Statement, nut to be the principal 
 
 ground on which Créai Britain rests her distinction, betvveen thé Bay of Fundy, (and 
 
the Gulf of St. Lawrence,) from the Atlantic Ocean. Yet the references made in that Atlantic o«an. 
 Statement to common language and to public documents, respecting the use and effect, 
 of the specific names of the different parts of the Sea, render it necessary to shew, in 
 the first instance, that the terms, "Rivers which fall into the Atlantic Ocean," con 
 sidered independent of the effect which other parts of the treaty, or considerations 
 drawn from other sources, may have on their meaning, do, where they occur in the 
 treaty, embrace the rivers which fall into the said Ocean, through either of its two in- 
 lets, the Bay of Fundy and the Gulf of St. Lawrence. 
 
 It has never been disputed that, in their general geographical acceptation, the great 
 divisions of the Sea embrace their subordinate subdivisions; nor that those subdivi- 
 sions, including all inlets, bays and gulfs, are known by specific names. It cannot be 
 denied, that, according to every rule of language, the generic term, when used alone, 
 must be understood to embrace the subordinate subdivisions of the Sea or Ocean, known 
 by that term; and that, when a specific name is used, it applies exclusively to the par- 
 ticular inlet, gulf or bay, designated by that name. When thus used apart from each 
 other, there is neither confusion nor difficulty. The generic term embraces, the spe- 
 cific name designates, the subordinate inlets: each is used with propriety as the occa- 
 sion may require. 
 
 No one can doubt that, when the Gulf of Finland, or the Adriatic, Hudson's Bay, 
 or the Chesapeak, are specified by their distnict names, it is for the express purposed' 
 considering them, for the time, apart and as respectively distinct from the Baltic, the 
 Mediterranean, and the Atlantic: nor that, when the object is to designate with pre- 
 cision the situation of St. Petersburg, Venice, Amsterdam, or Baltimore, the particu- 
 lar inlet, gulf or bay, on which those cities are respectively situated, must necessarily 
 be specified. 
 
 But this use of specific names does not at all prevent the use, or restrain the- 
 meaning of the generic terms, when there is occasion for them. Thus a British 
 merchant, when speaking of the Mediterranean, or of the Baltic trade, always em- 
 braces that to Venice in the first instance, and that to St. Petersburg in the second. 
 And thus, a voyage from an European port, whether to Baltimore, to Quebec, or to 
 New- York, is always, and with equal propriety, called a voyage across the Atlantic. 
 
 The instances given in the 1 3th page of the British Statement are, therefore, irrele- 
 vant: nor is it perceived for what object Mitchell's Map has been appealed to, in 
 reference to those general and specific designations. There are certainly on the 
 American coast, two inlets of the sea, known by the names of "Bay of Fundy" and 
 "Gulf of St. Lawrence;" and Mitchell's Map, in common with every other map, 
 proves, in that respect, nothing more; unless indeed it should be inferred, that the 
 much larger and more conspicuous characters of the words MJantic Ocean had for 
 object to represent it as a whole, of which the said bay and gulf were subordinate 
 parts. 
 
 When the generic term "Atlantic Ocean," and the distinct name of one of its 
 inlets, are used in the same sentence, either as united together, or as contradistinguish- 
 ed from each other, the term "main" is expressly prefixed to that "Atlantic," or 
 implied; the signification of the general term is thereby restrained; and it must be so 
 understood as to exclude the inlet thus distinctly designated. Of this mode of ex- 
 pression, several instances are given in the British Statement. 
 
 Thus, Governor Pownall describes the rivers having their sources amidst certain 
 ridges, as falling into the Bay of Fundy, or into the main ocean. That expression 
 means, that some of those rivers had their mouths as far east as the Bay of Fundy; 
 and the word main, prefixed to ocean, clearly proves, that he considered that bay as 
 part of the ocean. 
 
10 
 
 Atlantic Ocean. In the description of the boundary of EastFlorida, as defined by the Proclamation 
 
 of 1763, the signification of the term "Atlantic Ocean" is, in the same manner, re- 
 strained, so as to exclude the Gulf of Mexico, and what is there called the Gulf of 
 Florida; the word main, though not expressed as in the preceding case, being never- 
 theless necessarily implied. 
 
 There is, in this instance, a superfluous use of specific appellations. After having 
 defined the land boundary, the residue would have been as explicitly and more cor- 
 rectly described, by simply saying, that the province was bounded on all other sides 
 by the sea. 
 
 A striking instance of inaccuracy, arising from the same cause, is to be found in 
 the article of a plan of a treaty with France, also quoted in the British Statement, in 
 the following words: viz. 
 
 "The Most Christian King shall never invade •. 
 
 nor possess himself of Labrador, New Britain, Nova Scotia, Acadia, Canada, Florida, 
 nor any of the countries, cities, or towns on the continent of North America; nor of 
 the islands of Newfoundland, Cape Breton, St. John's, Anticosti, nor of any other 
 island lying near to the said continent, in the seas, or in any gulf, bay, or river." 
 
 If, on account of the disjunctive, or, it may be inferred, that gulfs and bays are 
 altogether distinct from, and not embraced by the general word seas, (g) it may equal- 
 ly be concluded from the word nor, in the first member of the sentence, that Nova 
 Scotia, Canada, Florida, &c. are not countries on the continent of North America. 
 Notwithstanding such inaccuracy, this and similar sentences must be construed as they 
 were clearly intended; and the word seas, as meaning the "high seas," and in that 
 particular sentence, excluding any inlet, gulf, or bay of the seas. 
 
 In that clause of the treaty, however, which is at this moment alone under consi- 
 deration, the term "Atlantic Ocean" is not contradistinguished from, or united with, 
 either of those "Bay of Fundy" or " Gulf of St. Lawrence." It must necessarily, in 
 its usual acceptation, and as the generic term, be understood there as including both 
 those inlets, unless it can be shewn that, as is true with respect to some of its other 
 geographical subdivisions, the term " Atlantic Ocean," when used alone, has been 
 usually understood as excluding those two inlets. 
 
 Geographers have usually divided the whole of the seas into five great subdivisions: 
 the Atlantic, the Pacific, the Indian, the Arctic, and the Antarctic Oceans; and when 
 either of these are contrasted with each other, those great generic distinctions are ad- 
 mitted and proper. But the acceptation of terms, as generally used in common lan- 
 guage, is the only proper guide in the interpretation of treaties; and there are several 
 European seas, which, though embraced by the geographical definition, are commonly 
 considered as not included within the term "Atlantic Ocean." 
 
 The Mediterranean and Black Seas were the first known to the ancient civilized 
 nations; they were therefore the first which received special appellations: and that of 
 Mediterranean has been used from the earliest times to .distinguish the sea, still 
 known by that name, from the sea without the straits, at first called Ocean, and now 
 Atlantic Ocean. By a parity of reasoning, the Baltic, being a close sea, was from its 
 first discovery considered under that name, as distinct from the ocean. 
 
 And although, as has already been shewn, (/*) the Irish Channel and the North Se;i 
 arc held, in correct geographical language, to be included in the general term "At- 
 lantic Ocean," it is also true that the term " North Seas" is commonly used as com- 
 prehending both the Baltic and the North or German Sea; and that the term "Chan- 
 
 * is) The word seas is in this instance taken in the British Statement as synonymous, as it really is to 
 
 the Atlantic Ocean. 
 
 (/t) Written Evidence. \"o. P 
 
11 
 
 nel" has also been used as including both the "Manche" or British and the Irish At;a !"" ' ' 
 Channel. 
 
 Long usage has consecrated those expressions; and it will therefore be admitted, 
 that although geographers, in their great divisions of the Ocean, consider those several 
 seas as parts of the Atlantic Ocean, they are generally, in common language, taken as 
 distinct; so as to render it doubtful whether the term "Atlantic Ocean," used by 
 itself in a public document, could .be properly understood to include those inland seas. 
 But it may be confidently asserted, that in common language, as well as in its geo- 
 graphical acceptation, the term "Atlantic Ocean," when used alone, and its meaning 
 is not restrained by some other expressions, has ever been held to embrace all the 
 inlets, bays, and gulfs of the American coast; or, that if there has ever been any ex- 
 ception, it is solely that of the Gulf of Mexico. 
 
 Thus Governor Pownall, when speaking generally of the Atlantic Ocean, considers 
 it as embracing even the Gulf of Mexico. "We know from observation how much 
 higher the Atlantic Ocean is than the Pacific; and how it is piled up against the 
 American coast on the western shore of the Gulf of Mexico, driven thither by the 
 trade winds," &.c. 
 
 Mr. Bouchette, Surveyor General of Lower Canada, in his topographical descrip- 
 tion of that province, (?) speaks of "the vast collections of fresh waters forming the 
 chain of lakes, that, through the channel of the St. Lawrence, descend like another 
 sea, to swell the bosom of the Atlantic." And again, "the River St. Lawrence 
 
 receives nearly all the 
 
 rivers that have their sources in the extensive range of mountains to the northwards, 
 called the Land's Height, that separates the waters falling into Hudson's Bay, still 
 further to the north, from those that descend into the Atlantic." 
 
 In this last instance, the term "Atlantic" embraces both the River and Gulf of 
 St. Lawrence. In the first, as the channel of the St. Lawrence can mean nothine 
 but the River St. Lawrence, which empties itself into the gulf of the same name, 
 that gulf is there again identified with the Atlantic. 
 
 In another place he says, " Beyond this range, at about fifty miles distance, is the 
 ridge generally denominated the Land's Height, dividing the waters that fall into the 
 
 St. Lawrence from those taking a direction towards the Atlantic Ocean 
 
 This chain commences upon the eastern branch of the Connecticut river, takes a 
 north-easterly course, and terminates near Cape Rosier, in the Gulf of St. Lawrence." 
 As the ridge there described commences on Connecticut River and terminates at Cape 
 Rosier, the waters divided by that ridge from those that fall into the River St. Law- 
 rence, embrace the rivers that empty themselves .both into the Bay of Fundy and 
 into the Gulf ot St. Lawrence. 
 
 It is declared, in the Proclamation of 1763, to be the royal will, that no Governor 
 of the colonies of Quebec, East Florida or West Florida should presume to grant lands 
 beyond the bounds of their respective governments; "as also that no Governor or 
 Commander in Chief of our other colonies or plantations in America, do presume, for 
 the present, and until our further pleasure be known, to grant any warrant of survey 
 or pass patents, for any lands beyond the head or sources of any of the rivers which 
 fall into the Atlantic Ocean from the west or north-iwest." 
 
 Those other colonies, lying between those of Quebec and East Florida, extended 
 along that line of demarcation beyond which it was forbidden to grant lands, from the 
 north-easternmost sources of the River Susquehanna which lie north of the 42d de- 
 gree, to those of the Altamaha River in 33 degrees of north latitude. 
 
 The space occupied along that line by the sources of the Susquehanna, Potomac, 
 
 (/) Written Evidence, No. 43. 
 
Atlantic Ocean. 
 
 12 
 
 James' River and Roanoke, and of their tributary streams, is more than one half of the- 
 whole extent of the line. And of those four rivers, the three first named empty them- 
 selves into the Atlantic Ocean, through the bay of Chesapeake; and the Roanoke,, 
 through an'inland bay, known by the name of Albemarle Sound, which has no com- 
 munication with the sea, but through three narrow and shallow passes. It cannot 
 therefore be doubted that in this instance, by rivers which fall into the Atlantic 0- 
 cean, those are meant which fall into its bays or inlets, as well as those which fall di- 
 rectly into the main ocean. 
 
 The following provision is found in the preliminary articles between Fi-ancc and 
 Great Britain, of the 20th January 1783, and was acceded to by the United States: (k) 
 ''That such vessels and effects as should be taken in the channel and in the north 
 seas, after the space of twelve days, to be computed from the ratification of the said 
 preliminary articles, should be restored on all sides. That the term should be one 
 month from the channel and the north seas, as far as the Canary Islands inclusively,, 
 whether in the Ocean or in the Mediterranean; two months from the said Canary Is- 
 lands as far as the Equinoctial line or Equator; and lastly, five months in all other 
 parts of the world, without any exception, or any other more particular description of 
 time or place." 
 
 In this instance the term " North Seas" must have been understood to include the 
 Baltic: but, as a distinct term for the limitation of captures was assigned to the chan- 
 nel and the north seas, it was necessary to distinguish both by their special names;, 
 and no inference can thence be drawn, whether they were, or were not, understood ta 
 fee distinct seas from the Atlantic Ocean. 
 
 As the same term is assigned for the Ocean and the Mediterranean, their being dis- 
 tinctly specified by their respective names proves, that they are there considered as 
 distinct seas. But the term "Ocean," which, in reference to the coast of America, can 
 only mean the Atlantic Ocean, is there made to comprehend all its other inlets and 
 bays, without even excepting the Gulf of Mexico; since it was not deemed necessary 
 to enumerate any of them specially. 
 
 Similar terms of limitation had in the negotiations at Ghent been, in the first in- 
 stance, proposed by the American, and in substance agreed to by the British Plenipo- 
 tentiaries. (/) To these the American Ministers proposed afterwards the following 
 alteration: (m) 
 
 "The term to be fifteen days in the channel, in the north seas, in all parts of the 
 Atlantic Ocean to the equinoctial line or equator, and in all parts of the Mediterrane- 
 an. Two months in the Atlantic Ocean, to the latitude of the Cape of Good Hope, 
 and three months in all other parts of the world. " 
 
 In this, as in the former instance, the words " Atlantic Ocean" clearly embrace all 
 its American inlets and bays, without excepting the Gulf of Mexico. In the alteration 
 proposed to this by the British Plenipotentiaries, and which will be analyzed in 
 a subsequent part of this Statement, the term "Atlantic Ocean" embraces the Gulf of 
 St. Lawrence, but is distinguished from "the Gulf of Mexico and all parts of the 
 West Indies." 
 
 The provisions finally adopted in the treaty of Ghent throw no further light on 
 the subject, on account of the terms in which they are expressed. 
 
 A still more conclusive argument wasoflered in the First American Statement, which, 
 has been anticipated in that of Great Britain. It is in order to weaken its force, that, 
 at the same time that it is suggested in the British Statement, that all bays and gulfs 
 
 (/r) Written Evidence, No. 9 fa) 
 (/) Written Evidence, No. 46. 
 'm) Written Evidence, No. 4fi 
 
13 
 
 must be taken as so distinct from the seas and oceans, with which they are respective- A<iamt< ocean 
 ly connected, as to convert the generic term ''Atlantic Ocean" into a mere specific 
 designation, embracing neither of the inlets, bays, nor gulfs connected with it: an ex- 
 ception is attempted to be made, with respect to what is called another class of bays. 
 These are stated to be " merely the expansions of the mouths of rivers, of which they 
 bear the name,'' and to be "regarded in no other light than as portions of the rivers 
 themselves." 
 
 As the Sagadahoc Bay and the Penobscot Bay, through which the rivers Kenne- 
 bec and Penobscot empty themselves into the Atlantic, are specified by their names in 
 Mitchell's Map, it was felt that, unless such an exception could be made, the conclu- 
 sion was unavoidable, that, if the Bay of Fundy and the Gulf of St. Lawrence must 1» 
 considered as distinct from the Atlantic Ocean for all the purposes of the treaty, there 
 was no river which could, under that instrument, be considered as falling into that 
 Ocean. 
 
 But there is no foundation for the distinction. The names of " bay" and " gulf" 
 have been indiscriminately given every where to inlets differing as much in character 
 as in size. The appellation of gulf is equally given to that of Lyons and to that of 
 Finland, though of an entirely different character: of two inlets of the same character, 
 one is called Hudson's Bay, and the other Gulf of St. Lawrence: and all that por- 
 tion of the River St Lawrence which extends from the mouth of the Sagueny to Cape- 
 Rosiers, might have been distinguished by the appellation of " Bay," with as much 
 propriety, as what is called "Bay of Delaware." The name of "Bay" has in fact 
 been given to inlets of every size and description. In Mitchell's Map various bav-^ 
 are designated, (Casco Bay, Well's Bay, &c.) smaller than that of Penobscot, and 
 which do not bear the name of any rivers emptying into them. 
 
 If there was any foundation for the broad assertion, that the term " Atlantic Ocean" 
 does not in general embrace the Bays and Gulfs connected with that Ocean, it would 
 rest solely on the fact, that such Gulfs and Bays are known by distinct names: and 
 that fact is as true of the Sagadahoc and Penobscot Bays, as of the bay of Fundy or of 
 the Gulf of St. Lawrence. If those Bays which are described in the British State- 
 ment, as the expansions of the mouths of rivers, can be regarded in no other light than 
 as portions of the rivers themselves, those Bays also, which, like that of Fundy, are 
 merely contractions of the Ocean, must necessarily be regarded only as portions of the 
 Ocean itself. 
 
 Nor can the Penobscot Bay be at all considered as an expansion of the river of that 
 name. That river discharges itself into the Bay in the same manner as the River St. 
 Croix falls into the Bay of Passamaquoddy, which last bay is, by both Govern- 
 ments, held, not as an expansion of the River St. Croix, but as a part of the Bay 
 of Fundy. (n) Both bays are formed by a number of islands, and they are not, as. 
 the Delaware may be considered, a continuation of the rivers which fall into them. 
 
 It cannot, at all events, be denied, that Long Island Sound, through which Connec- 
 ticut River emptiesitself into the Atlantic Ocean, is a large inlet of the Atlantic, of 
 as distinct and marked character as the Bay of Fundy; nor that the River Connecticut 
 is, as much as the Penobscot and the Kennebec, one of the rivers described in the 
 treaty as falling into the Atlantic Ocean, which are to be divided from the rivers fall- 
 ing into the St. Lawrence; since the boundary line extends along the dividing High- 
 lands, as far as the North-westernmost source of that river. 
 
 The argument remains unshaken, that, (with theoxception of such Bay or Gulf, as 
 may be excepted by virtue of some other provision of the treaty,) if the rivers which 
 fall into the Atlantic Ocean through a gulf, bay, or inlet, known by a distinct name. 
 
 (?i) Written Evidence, No. 1. Treaty of Ghent, Art. 4 
 n 
 
Ray of Fundy. 
 
 14 
 
 40-d. ocea*. ^ not, in the clauses of the treaty in which such rivers are mentioned, to he held 
 as "rivers falling into the Atlantic Ocean," there is not a single nver, contemplated 
 h v the treaty as such, to which the description applies. 
 
 Finally, it is only necessary to refer to the clause of the treaty of 1733,nowunder 
 consideration, to he satisfied that its meaning admits of no doubt. 
 
 The words are : « The Highlands which divide those rivers that empty themselves 
 into the River St. Lawrence, from those which fall into the Atlantic Ocean " 
 
 In that sentence, not only the Atlantic Ocean is neither united with nor distinguished 
 from the Bay of Fundy nor the Gulf of St. Lawrence, but it is expressly distinguished 
 from the River St. Lawrence, and from that river alone. And this is the peremptory 
 reason, why the « rivers that fall into the Atlantic Ocean» must, m that clause, he ne- 
 cessarily understood to embrace all the rivers which fall into any of the inlets of that 
 ocean, with the sole exception of those which empty themselves mto the River St 
 Lawrence, and from which they are to be divided. 
 
 § 3. 
 
 OBJECTION SUrà FROM THE DESIGNATION OF THE BAY OF FUNDY, AS DISTINCT 
 ' FBOM THE ATLANTIC OCEAN. 
 
 In that clause of the treaty which has heretofore been considered, the rivers which 
 fall into the Atlantic Ocean are distinguished only from those which empty themselves 
 into the River St. Lawrence. But, in another sentence of the same article, and in re- 
 ence to another part of the boundary, the Bay of Fundy is twice designated by 
 specific name, and once, as contradistinguished from the Atlantic Ocean It is 
 Whence inferred/in the British Statement, that those terms, "Bay of Fundy» and 
 « Atlantic Ocean," « being taken as distinct and separate, the one from the other, in one 
 part, (of the treaty,) they must surely be equally so considered in every other part; 
 for it would be contrary to all reason and consistency, to assign one meaning to a term 
 in one clause, and a different meaning to the same term in another clause of the same 
 
 mStr This n svL P ing inference, in support of which not a single argument or authority 
 has be^ adduced,', altogether denied by the United States. They contend, that tf 
 would be equallv contrary to reason and common usage, to assign the same meaning 
 to, erm n on clause, which it may have in another clause of the same mstrument, 
 h nTppears from the general tenor of the two clauses, and the expressions used in 
 e' h respectively, that the term, in one is restrained by those expressions, and has 
 ;:tL P , a narXwe, *flito*»i i*M Ln *. other, * is used » . — general 
 sense or is restrained in a different manner. 
 
 n one of the clauses of the treaty, the term "Atlantic Ocean» is ^lan- 
 guished from, and must, in construing that clause, be held as distinct from the Bay 
 Fun h" In another clause of the treaty, the same term is contrachstinguished from 
 fhcR ver St. Lawrence alone, and must, accordingly, in construing that clause, be held 
 dfstLt from that river alone, and not from the Bay of Fundy, nor trom any of d. 
 other inlets, which, in its general sense and common acceptation, are part of the At- 
 
 ll,ntiC This e is n perfectly consistent with the appropriate rules of language, by which every 
 instrument must be construed. But as it is obvious that the objection, on the par o 
 Or at Britain, rests exclusively on the inference thus attempted to he drawn v ewdd 
 now proceed to establish the correctness of our own construction by ■*»£*£** 
 ,„thorities taken from British documents immediately connected with the subject. 
 a T The boundaries oftheGrant to Sir II. Roswell and others, by Char es I., dated 
 the .In day of March, 16,8, and commonly called "the Colony Charter," as quoted 
 
15 
 
 m the Charter of the Province of Massachusetts' Bay, were described in the follow* 
 
 ing words, viz: 
 
 " Allthatsaid part of New-England, in America, which lies and extends between a 
 great river commonly called Monomac, alias Merimack River, and a certain other 
 river, there called Charles River, being in the bottom of a certain bay, there com- 
 monly called Massachusetts, alias Mattachusetts, alias Massalusctts Bay; and 
 also all and singular those lands and hereditaments whatsoever, lying within the space 
 of three English miles, on the South part of the said river called Charles River, or of any 
 or every part thereof ; and also, all and singular the lands and i hereditaments whatso- 
 ever, lying and being within the space of three English miles to the Southward of 
 the Southernmost part of the said bay called Massachusetts, alias Mattachusetts,. 
 alias Massatusetts Bay; and also, all those lands and hereditaments whatsoever, which 
 lie and be within the space of three English miles to the Northward of the said river 
 called Monomack, alias Merimack, or to the Northward of any and every part thereof. 
 and all lands and hereditaments whatsoever, lying within the limits aforesaid, North 
 and South in latitude and breadth, and in length and longitude, of and within all the 
 breadth aforesaid throughout the main lands there, from the Atlantic or Western Sea 
 and Ocean on the East part, to the South Sea on the West part." (©) 
 
 The Eastern front of more than one half of the Grant extended, from North to 
 South, along that certain bay, commonly called Massachusetts' Bay. Nevertheless the 
 depth,' or length and longitude of the Grant, is described as being "of and within all 
 the breadth aforesaid throughout the main lands there; from the Atlantic or Western 
 Sea and Ocean on the East part, to the South Sea on the West part." 
 
 The term "Atlantic Ocean," which had not been used in the description of the 
 Eastern boundary along the sea coast, is afterwards used, as embracing the Bay of 
 Massachusetts, though this had in another sentence been designated by its specific 
 name. For if that bay was not, in the last sentence, included in that generic term, 
 there would have been, to that part of the Grant which fronts on the bay, no Western 
 boundary assigned: the length or longitude being described as extending to the South 
 Sea on the West, from the Atlantic Ocean, without naming Massachusetts Bay on the 
 
 East. 
 
 2. It has been stated, in the British Statement, that, " in the Grant of Nova Scotia, 
 by James I. to Sir William Alexander, the Bay of Fundy and the Gulf of St. Law- 
 rence, are specifically described, and distinguished, the former from the adjacent parts 
 of the Sea, and the latter, as well from the Sea as from the River St. Lawrence." 
 
 The Bay of Fundy is certainly, in that Grant, distinctly described, not indeed by 
 that name, which it had not yet received, but as the Great Eastern Inlet, which runs 
 between the countries of the Souriquois and Etchemins. It is mentioned with great 
 propriety, in order to designate with precision the position of St. Mary's Bay and of 
 the River St. Croix, both hardly then known by those names, and the situation of 
 which is thus determined, as lying respectively on the South and North side of the 
 entrance of the Bay of Fundy. 
 
 The Gulf of St. Lawrence is also specifically described, as the boundary of the 
 Grant, from Gaspé to Cap-Breton. But neither the words "sea," nor "Atlantic 
 Ocean" are used, in describing the boundary from Cap-Breton to Cape Sable: And the 
 word "Sea" is afterwards used, as expressly embracing both the Bay and Gulf afore- 
 said; as will clearly appear by the following clause of the Grant, viz: 
 
 " Including and comprehending, within the aforesaid shores of the Sea and their 
 circumferences,/™»* Sea to Sea, all continents, with the rivers, torrents, bays, shores, 
 islands, or seas, lying near or within six leagues of any part of the same, from the 
 
 Boj ..I 1 ii.i'i,' 
 
 to) Written Evidence, No. 13. 
 
Bay of F«H'iv. 
 
 16 
 
 Western, Northern or Eastern parts of the same shores or precincts; and from the 
 South-east, where lieth Cape Breton, and from the Southward part thereof, (where 
 Tape Sable is.) all seas and islands towards the South within forty leagues of the said 
 shores thereof." (p) 
 
 The word "Sea" is there, as well as wherever else it occurs in the Grant, used in its 
 general sense, and embraces both the Bay of Fundy and the Gulf of St. Lawrence. 
 The Grant of Islands and Seas, whether for six leagues, from the West, North and 
 South, or for forty from the South, is expressed in the same words {maribus, omnia 
 maria.) The seas thus granted and described, as extending from the North and East, 
 could be no other than the River (</) and Gulf of St. Lawrence. The seas extending 
 from the South are the main Atlantic Ocean. The emphatic words " from sea to sea" 
 (ù mart ad marc) most clearly mean and can mean nothing but, "from the main At- 
 lantic and Bay of Fundy to the River and Gulf of St. Lawrence." 
 
 Thus we have a direct instance, where, the Bay of Fundy and the Gulf of St. Law- 
 rence being, in one clause of the Instrument, specifically described and distinguished 
 by their respective names, the general term " Seas" is nevertheless used and under- 
 stood, in other clauses of the same Instrument, as embracing the said Bay and Gulf. 
 
 Theterm "Seas" is uniformly used, in the Grant, instead of that of Atlantic Ocean 
 It will not be denied that they are, as to its object, perfectly synonymous: and we 
 find another proof of this, as well as of the general meaning of the words used in the 
 Grant, in a publication of the year 1624, by the Grantee himself, Sir Wm. Alexander; 
 where, speaking of the limits of his Patent, he says, " leaving the limits to be appoint- 
 ed by his Majesty's pleasure, which are expressed in the patent, granted unto me un- 
 der his great seal of his Kingdom of Scotland, (marching upon the West towards the 
 river of St. Croix, now Tweed, where the Frenchmen did design their first habitation,), 
 with New England; and on all other parts, it is compassed by the Ocean, and the 
 Great River of Canada." (r) 
 
 The Grantee seems to entertain some doubts, as to the certainty of the limits be- 
 tween New England and his Grant; which probably arose from the manner in which 
 the Northwardly line, from the River St. Croix to the River St. Lawrence, is describ- 
 ed in it. But he says expressly, that, on all other parts, it is compassed by the River 
 St. Lawrence and by the Ocean; which last term therefore clearly embraces the Bav 
 of Fundy and the Gulf of St Lawrence. 
 
 3. In all the Commissions of the Governors of Nova Scotia, from the year 1765, to the 
 year 1 782, (s) this Province is described, as being ' ' bounded on the Westward by a line 
 drawn from Cape Sable, across the entrance of the Bay of Fundy, to the mouth of the 
 River St. Croix; by the said river to its source, and by a line drawn due North from 
 thence to the Southern boundary of our Colony of Quebec; to the Northward by 
 the said boundary as far as the Western extremity of the Bay des Chaleurs ; to the 
 Eastward by the said Bay and the Gulph of St. Lawrence, to the Cape or Promonto- 
 ry called Cape Breton in the Island of that name; and to the 
 
 Southward by the Atlantic Ocean, from the said Cape to Cape Sable aforesaid, inelud- 
 
 C/j) "Includens et comprehendens intni pra-dictas maris oras litorales ac earum circumferentias à 
 mari ad mure, omnes terras continentes cum fluminibus, torrentibus, sinibus, littoribus, insults, aut 
 mari bus jacentibus propè aut infra, sex leucas ad aliquam earumdem partem, ex Oecidentali, boreali vcl 
 oriental! partibus orarum littoralium et prœcinctuum earumdem, et ab Euronoto ubi jacet Cap-Breton, et 
 ex austral! parte ejusdem (ubi est Cap de Sable) omnia maria ac insulas versus meridiem intra quadragin- 
 ta leucas dictarum orarum littoralium earumdem." 
 
 (y) The shores of the River St. Lawrence are, in the Grant, called Sea Shores "per maris oras, litto- 
 rales ejusdem fluvii de Canada." 
 
 (r) See Eg-bcrt Benson's Report to President — Written Evidence, No. 36. 
 
 (s) Written Evidence, No. 15. 
 
J7 
 
 ing the Island of that name* arid all other Islands within forty leagues of the Coast," Ba * nf Fmi *- 
 &c. 
 
 The Southern boundary of the Colony of Quebec, there referred to as being the 
 Northern boundary of Nova Scotia, is, in the commissions of the Governors of that 
 Province issued during the same period, described in the same words as in the Pro- 
 clamation of 17*53, or the Quebec Act of 1774; that is to say, either, as passing 
 "along the Highlands which divide the rivers that empty themselves into the said 
 River St. Lawrence, from those which fall into the Sea, and also along the North 
 Coast of the Bay des Chaleurs;" or, as being "a line from the Bay of Chaleurs, along 
 the Highlands which divide the rivers that empty themselves into the River St. Law- 
 rence from those which fall into the Sea, to a point in 4.5 degrees of Northern latitude, 
 on the Eastern bank of the River Connecticut." (t) 
 
 In defining the boundaries of Nova Scotia, the Bay of Fundy, the Gulf of 
 St. Lawrence, and the Atlantic Ocean are each specially designated and distinguished 
 from each other; the appellation of Atlantic Ocean being expressly confined to the 
 Main Ocean,- exclusive of that Bay and Gulf, and to that portion of it only, which 
 extends from Cape Breton to Cape Sable. 
 
 Now, whatever point of the line drawn due North from the source of the River St. 
 Croix may he considered as the North-west Angle of Nova Scotia; or, in other words, 
 whatever point on that line may be considered as the point of intersection with the 
 Southern boundary of the Colony of Quebec, as described in the commissions of the 
 Governors of that Colony; whether that point of intersection, or North-west angle of 
 Nova Scotia, be Mars' Hill, or any other point north of it; it is impossible to draw any 
 line whatever, from that point of intersection or North-west angle of Nova Scotia, to 
 the Western extremity of the Bay des Chaleurs, which will or can divide from each 
 other, cross, or touch any other river or rivers whatever, but such as fall, either into 
 the River St. Lawrence, the Gulf of St. Lawrence, or the Bay of Fundy. 
 
 No river whatever falls into that portion of the Atlantic Ocean which extends from 
 Cape Breton to Cape Sable, but such as have their sources within the Peninsula or 
 present Province of Nova Scotia, South of the Bay of Fundy, of the Gulf of St. Law- 
 rence, and of the Isthmus, which separates those two inlets. It is impossible that any 
 such river should be, either divided from other waters, intersected or touched by any 
 line, that can be drawn from any point, north of the source of the River St. Croix, to 
 the Western end of the Bay des Chaleurs. 
 
 The rivers therefore which, according to the designation of the Southern boundary 
 of the Colony of Quebec, or Northern boundary of Nova Scotia, are to be divided, by 
 that boundary, from the rivers emptying into the River St. Lawrence, and are there 
 described, as rivers falling into the sea, (a term used in the Proclamation of 1763 as 
 synonymous with Atlantic Ocean,) must of necessity be those, and those alone, which 
 fall either into the Bay of Fundy, or into the Gulf of St. Lawrence. 
 
 Thus, although the term " Atlantic Ocean" is, in one part of the description of the 
 Boundary, used in a limited sense, and exclusive of the Bay of Fundy and of the 
 Gulf of St. Lawrence; its synonymous term "Sea," in another part of the descrip- 
 tion, and in reference to the division of the rivers which are intended to be divided by 
 the treaty, embraces and embraces nothing but that Bay and Gulf. 
 
 4. After the treaty of 17S3, the Northern part of Nova Scotia was erected into a 
 New Province, by the name of New Brunswick; and the Bay of Fundy, together with 
 the Isthmus which separates it from the inlet of the Gulf of St. Lawrence called 
 " Bay Verte," were made the Southern Boundary of the New Province. In the sub- 
 sequent commissions of its Governors, the Southern Boundary of the Province of 
 
 (0 Written Evidence, No. 21. 
 B 
 
IS 
 
 Bay of Fundy. Quebec, (or Lower Canada,) continues to be declared the Northern Boundary of that 
 of New Brunswick. But the words "Atlantic Ocean," for"the sake, it is presumed, 
 of conforming literally with the expressions used in the treaty of 1780, are, in reference 
 to the division of rivers, substituted to the word "Sea," in the commissions of the Go-- 
 vernors of Quebec or Canada, of a date subsequent to the treaty, (u) And, for the 
 same reason already assigned, it is evident that the rivers there described, as falling 
 into the Atlantic Ocean, must necessarily be such as fall either into the Bay of Fundy 
 or the Gulf of St. Lawrence, and therefore that both are embraced by the general term 
 " Atlantic Ocean." 
 
 5. Another instance will be found in the commission of 16th March, 1772, of the 
 Governor of Newfoundland, as quoted in that of Guy Carleton, Governor of the Pro- 
 vince of Quebec, dated 27th December, 1774. The Islands of Madelaine are there de- 
 scribed as lying in the Gulf of St. Lawrence; and the Labrador River St. John, which 
 has its mouth in that Gulf, as falling into the Sea. Thus, notwithstanding the designa- 
 tion of the Gulf by its specific name, in one clause of the commission, the word "Sea," 
 is used in another clause, not only as embracing the Gulf, but instead of its specific de- 
 signation, (c) 
 
 It is believed that after what precedes, and having examined the authorities referred 
 to, it will no longer be asserted, that the terms " Sea" and " Atlantic Ocean," do not 
 comprehend, and have not been used, as embracing their subordinate inlets, bays, or 
 gulfs; particularly the Bay of Fundy, and the Gulf of St. Lawrence, and in reference 
 to rivers described as falling into the Sea, or Atlantic Ocean. 
 
 But the principal object, was to shew, and it has also been conclusively proved, that 
 different meanings may, without inconsistency, be given, and have in those British 
 public acts, been assigned to the same term, in different clauses of the same instrument. 
 And it will not escape notice, that the proofs are drawn exclusively from documents 
 connected with the contested Boundary, that the description in the treaty of 17&3of 
 that Boundary was borrowed from the commissions which have been quoted, and that 
 most of the quotations refer expressly to the Bay and Gulf, which are the subject mat- 
 ter of this discussion. 
 
 Since, therefore, the use, in one part of the treaty, of the terms " Bay of Fundy" 
 and " Atlantic Ocean," as distinct the one from the other, cannot, in any degree, re- 
 strain or affect the natural sense of the term " Atlantic Ocean," in another clause of the 
 treaty, where it is used as distinct and separate from the River St. Lawrence alone; it 
 would not seem necessary to inquire into the reason, why the Bay of Fundy was specially 
 designated and distinguished, in the last clauses of the second article of the treaty. 
 Yet, if it can be shewn, that there was a natural reason, or a special motive for mak- 
 ing that distinction in those clauses, and that such reason and motive were applicable 
 to those clauses alone, there will not remain even a pretence for asserting, that the dis- 
 tinction, thus made in a part of the treaty for a particular purpose, can be construed to 
 extend to another clause, to which the distinction and the reasons for it were wholly in- 
 applicable. 
 
 The United States are declared by the treaty, to be bounded " South by a line to be 
 drawn ...... along the middle of St. Mary's River to the 
 
 Atlantic Ocean. 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; ..... com- 
 prehending 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 afore- 
 said 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." 
 
 («) Written Evidence, Nos. 37 and 38. 
 0) Written Evidence, No. 21. 
 
19 
 
 And it is urged, that the last designation of the Bay of Fundy must have been for Ba y of Fun<J v- 
 iome other purpose, than in reference to the Eastern Boundary of the United States; 
 since, had there not been another object in view, it was unnecessary to mention that 
 Bay; and the lines might have been described as correctly, by using the words, "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 Atlantic Ocean." 
 
 The Eastern extremity of the Southern Boundary of the United States was, in the 
 first instance, designated to be the point where the St. Mary's River touched, or had 
 its mouth, in the Atlantic Ocean. And the Southern extremity of their Eastern Boun- 
 dary was likewise designated to be the point where the River St. Croix had its mouth 
 in, or touched, the Bay of Fundy. 
 
 All the Islands, between lines to be drawn clue East from those two points, were af- 
 terwards declared to be comprehended within the United States. In designating, there- 
 fore, in the last sentence, those two points, precision of language required, that they 
 should be described in the same terms as in the preceding sentence, where they had 
 been designated, as respectively touching the Bay of Fundy and the Atlantic Ocean. 
 It would have been a most incorrect and inapposite use of language, after those points 
 had thus been designated, to have immediately after described them as the points 
 where the aforesaid Boundaries shall respectively touch the Atlantic Ocean. 
 
 The apparent distinction, therefore, made in the last sentence, between the Bay of 
 Fundy and the Atlantic Ocean, is only in reference to those two points, and arises from 
 the manner in which they had been respectively designated in the preceding sentence. 
 It is solely because the River St. Croix is, in the first instance, described as having its 
 mouth in the Bay of Fundy, that it became again necessary and proper to designate, 
 in the last instance, the point from which the East line was to be drawn, (namely the 
 mouth of the River St. Croix,) as touching that Bay. Why the River St. Croix was 
 thus described, can alone require an explanation: and it will now be shewn, that there 
 was for this a natural, and on the part of the American Negotiators, an important rea- 
 son. 
 
 It has already been seen, that the River St. Croix was designated in the same man- 
 ner in the original grant of Nova Scotia to Sir William Alexander, for the necessary 
 purpose of describing, with precision, the position of a river, then hardly known in 
 England, and on which the name of St. Croix had been imposed, if imposed at all, 
 but a few years before by the French. The same designation was evidently borrowed 
 from that grant, in the description of the Boundaries inserted in the commissions of the 
 British Governors of that Province. After the negotiators of the treaty of 17S3 had 
 finally agreed to confirm the River St. Croix, as the Boundary between the dominions 
 of the two Powers, it was natural that they should, and it would indeed have been an ex- 
 traordinary course, if they had not adopted the same terms, in describing the situation 
 of the river, which had been so long in use in the public British documents, and which 
 had been preserved uninterruptedly to the very date of the treaty, (w) 
 
 This mention of the fact that the River St. Croix had its mouth in that inlet of the 
 Atlantic Ocean known by the name of Bay of Fundy, can have no more effect on 
 other clauses of the treaty than in Alexander's Grant, or the Governors' Commissions. 
 And it has already been shewn, with respect to both, that notwithstanding that spe- 
 cific mention by name of "Bay of Fundy" and of "Gulf of St. Lawrence" in the de- 
 scription of the boundary, both that bay and gulf were embraced by the generic term 
 used in another clause. 
 
 (w) See Written Evidence, No. 15. In the Commission to Governor Parr, dated 29th July, 1782, 
 the words are, " bounded on the westward by a line drawn from C:ipe Sahle across the entrance of the 
 Bay of Fundy, to the mouth of the River St. Croix, by the said river to its source," &c. 
 
20 
 
 Bay of Fundy. R u t there was also another and peremptory reason why the American negotiator? 
 
 must have insisted that the River St. Croix should continue to be designated as having 
 its mouth in the Bay of Fundy. 
 
 The repeated attempts, on the part of the crown, to encroach in that quarter on thé 
 chartered boundaries of the Province of Massachusetts' Bay, have already been men- 
 tioned. The Government of Nova Scotia, pursuing the same course, had in the year" 
 1765 made a large grant of land to Francis Bernard, and others, tees/ of the Schoodic 
 River, (x) which has ultimately been decided to be the true St. Croix. That Govern- 
 ment had, also, in the year 1767, granted to William Owing, and others, the island 
 now known by the name of Campo Bello ; (y) and it laid a claim to that of Grand 
 Menan. Both those islands are situated south of a line drawn due east from the 
 mouth of the Schoodic. That of Grand Menan, according to Mitchell's Map, lies 
 chiefly icesl of the line designated in the Commissions of the Governors of Nova 
 Scotia, as a line "drawn from Cape Sable across the entrance of the Bay of Fundy. 
 to the mouth of the River St. Croix," or Schoodiac. Both have finally been adjudged 
 to Great Britain, as being in 17S3, or having theretofore been, within the limits of 
 
 Nova Scotia. (-) 
 
 A conclusive proof of the general prevailing uncertainty as to what river was the 
 true St. Croix, will be found in the topographical description of the Middle British Ame- 
 rican Colonies, published in 1776, by T. Pownall, M. P. for several years Governor of 
 His Majesty's Province of Massachusetts' Bay, and which has been quoted with a high 
 encomium in the British Statement. His words are: 
 
 "The River Passam-Aquâda, or Possam-Accâda, which runs into a bay so called, 
 is the supposed eastern boundary of New England; to the east of this begins Aquâda 
 or Nova Scotia; an incertain River St. Croix is the nominal boundary. But as 
 the French, according to their mode of taking possession, always fixed a cross in every 
 river they came to, almost every river on this coast of Sagadahoc has in its turn 
 been deemed by them La Riviere de St. Croix. Under equivocation of this general 
 -appellative, they have amused our negotiators on every occasion." (a) 
 
 It will be recollected that by "Sagadahoc" is meant the ancient grant to the Duke 
 oî York, or that tract of land described in the Charter of Massachusetts, as lying be- 
 tween Nova Scotia and the (old) Province of Maine; that it is thus laid down in 
 Mitchell's Map; and that as the "Coast of Sagadahoc" extends accordingly from the 
 Bay of Passamaquoddy to that of Sagadahoc, (or Kennebec,) it was according to 
 Pownall uncertain which of the rivers between those limits was the true St. Croix. 
 
 Whether the fact alleged there, with respect to the French, was correct or not, is im- 
 material; nothing can shew more forcibly how general was the opinion of the uncer- 
 tainty arising from that cause, than to find it entertained by a late Governor of the 
 Province of Massachusetts' Bay, one of the men of the time best acquainted with 
 American affairs, and asserted by him thirteen years after the cession by France of all 
 her possessions in North America, when there was no longer any motive for misre- 
 presentation, or cause for prejudice. 
 
 In the same manner, Mr. Jay, one of the negotiators of the Treaty of 1783, in his 
 deposition laid before the Commissioners appointed pursuant to the 5th Article of the 
 Treaty of 1794, expresses himself as follows: "In settling the boundary line (de- 
 scribed in the Treaty,) and of which the River St. Croix forms a part, it became a 
 question, which of the rivers in those parts was the true River St. Croix; it being 
 said that several of them had that name. They did finally agree that the River 
 
 (.r) Written Evidence, No. 34. 
 
 w/) Called " Outer Passamacuioddy Island," in the Grant Written Evidence, No. 34 
 
 (i) V\ ritten Evidence, No. 2. 
 
 (a) Written Evidence, Ne, 40. 
 
21 
 
 St. Croix, laid down on Mitchell's Map, was the Hiver St. Croix which ought to Bay of Fuinij 
 form a part of said boundary line." (b) 
 
 So strongly impressed was that belief, that it is found again asserted, twenty years 
 later, in the argument addressed in 1797 by the British Agent to the said Commis- 
 sioners, (who were appointed only to decide which river was the true St. Croix,) 
 when the Agent was arguing that the Schoodic and not the Magaguadavic, (Mit- 
 chell's St. Croix,) was the river intended by the Treaty of 1783. 
 
 After adverting to an Act of Parliament of the year 1774, (15 Geo. III. ch. 10,) 
 for restraining the trade of Massachusetts' Bay, and other colonies, in which it is en- 
 acted, "that the river which emptieth itself in Passamacadie or Passamaquody Bay, 
 on the western side, and is commonly called and known by the name of St. Croix 
 River, be held and deemed, for all the purposes in this act contained, to be the boun- 
 dary line between the Provinces of Massachusetts' Bay and Nova Scotia;" and after 
 asserting that the river thus designated, was that contemplated by the Treaty of 1783, 
 and which ought accordingly to be declared the true River St. Croix, the British 
 Agent proceeds as follows: 
 
 " If this principle were once departed from, there would be no check to contention 
 on the subject, though it would be fortunate to His Majesty's interests if he were 
 not thus bound; as it might be clearly shewn in that case, that the River Penobscot, 
 once indiscriminately with the other rivers upon this coast called the St. Croix, 
 was the true boundary by which Nova Scotia or Acadia was ceded to His Majesty 
 by the Treaty of Utrecht, and ought in such case, by the principles of the Laws of 
 Nations, to be established as the eastern boundary of the United States." 
 
 And he again says, in answer to the Agent of the United States, who contended 
 that the Magaguadavic was the true St. Croix: 
 
 "The argument of the Agent of the United States would certainly apply with 
 much greater force in proving the Penobscot to be the river agreed to; as this river, 
 besides being once known indiscriminately with the other rivers by the name of 
 St. Croix, has been the reputed boundary of Nova Scotia, and was contended for as 
 such by the British Commissaries at Paris, in the year 1750, in their memorials con- 
 cerning the limits of Acadia or Nova Scotia." (c) 
 
 It will be readily perceived, that since the River St. Croix had, by the Treaty of 
 1783, been declared to be the boundary, the Penobscot could not, in the year 1797, 
 have been claimed as such on any other ground than as being itself the true St. Croix. 
 The British Agent asserts that it ought, and would under the Treaty, have been con- 
 sidered as such, had not a previous act of Parliament declared the St. Croix to be a 
 river which emptied itself into Passamaquoddy Bay. But that act would have given 
 no security against an attempt on the part of Great Britain to claim the Penobscot as 
 the true St. Croix and the boundary intended by the treaty; since the River St. Croix, 
 that empties itself into the Bay of Passamaquoddy, is, by the act of Parliament, to 
 be held and deemed the boundary between the Provinces of Massachusetts' Bav and 
 Nova Scotia, only for the purposes contained in the act; and since, therefore, that 
 temporary enactment, made for the special purpose of embracing within the provisions 
 of the restraining act all the population west of Passamaquoddy Bay, had expired 
 with the act itself, {d) 
 
 lb) Written Kvidence, Nos, 23 and 36. 
 (c) "Written Evidence, No. 35. 
 (J) Tlie reason why the British Agent adverted to the Act of Parliament which was inapplicable, and 
 not to the Treaty, is obvious. He was attempting to shew that the westernmost of the two rivers that 
 empty themselves into Vassamaquoddy Bay, was the true St. Croix. 1 he Act of Pailiament had made 
 a provision to that effect; and the Treaty had only generally declared the mouth of the lliver St. Ojix 
 's be in the Bay of Fundy. 
 
 F 
 
O 1 
 
 nnv uf Fumiy. {- L wa3 that provision in the treaty itself, declaring the mouth of the River St. Croix 
 
 to he in the Bay of Fundy, which afforded the security required in that respect. 
 
 Under the prevailing belief, that the designation of a River St. Croix, by that name 
 only, was not sufficient to determine which river was the true St. Croix, and with tin- 
 knowledge of the anxious desire evinced by Great Britain to extend, under color of 
 that uncertainty, the boundaries of Nova Scotia to the Penobscot, the insertion of thai 
 provision in the treaty was of paramount importance to the United States. 
 
 By declaring the mouth of the River St. Croix to be in the Bay of Fundy, the only 
 question which might remain susceptible of doubt, was, which of the two rivers thai 
 empty themselves into Passamaquoddy Bay was entitled to the designation of River 
 St. Croix? The Western extremity of the last mentioned bay, or at farthest of Grand 
 Menan Island, forms also the Western extremity of the Bay of Fundy, as will be seen 
 by Mitchell's Map, by the Map A, and by reference to what is described as the en- 
 trance of the Bay of Fundy, in Sir William Alexander's Grant. Not only was every 
 pretence to claim the Penobscot, as the true St. Croix, removed by that provision, but 
 no river whatever could be claimed as such, that lay West of Passamaquoddy Bay; 
 since, as will appear by Mitchell's Map, Machias River, which is the next in that di- 
 rection, lies West of the Western extremity of Grand Menan Island. 
 
 It may, perhaps, be asked why, with Mitchell's Map before them, where the mouth 
 of the River St. Croix is laid down, as it really is, in Passamaquoddy Bay, which is 
 there designated by its distinct name, that river was not, in the treaty, declared to 
 have its mouth in that bay, instead of the Bay of Fundy? 
 
 Such specific designation of the Passamaquoddy Bay was unnecessary; since it 
 would not have rendered the description more precise, with respect to the object in 
 view. Every river West of the Island of Grand Menan was equally excluded, 
 whether the mouth of the River St. Croix was declared to be in the Bay of Fundy, 
 or in that of Passamaquoddy ; and either designation would have left it equally 
 doubtful, which of the two rivers was the true St. Croix. The negotiators being un- 
 acquainted with the Indian names of the rivers in that quarter, could not have used 
 expressions more precise than those of the designation which they adopted, and which 
 had prevailed from the date of Sir William Alexander's Grant to that of the treaty. 
 
 But this leads to another observation. With Mitchell's Map before them, and a 
 lull knowledge that the River St. Croix had its mouth in the Bay of Passamaquod- 
 dy, the negotiators of the treaty of 1783 declared it to be in the Bay of Fundy. The 
 Commissioners appointed pursuant to the 5th article of the treaty of 1794, to decide 
 which, according to the treaty of 1783 was the true River St. Croix, did not hesitate, 
 notwithstanding the treaty designation of the Bay of Fundy, to declare in their deci- 
 sion, (c) that 'Hhe mouth of the said river (St. Croix) is in Passamaquoddy Bay, at 
 .i point of land," &c. That bay is clearly a part of that of Fundy, and has been ac- 
 knowledged to be such in a subsequent instrument. (/) The designation m the treaty 
 and the decision of the Commissioners afford an additional proof, that the general term 
 is always understood to. embrace its subordinate parts, unless such part be specially 
 excepted. 
 
 It will not now be denied that there were urgent reasons, abundant cause, for desig- 
 nating in a special manner, with as much precision as could be obtained from the mate- 
 rials in hand, the place where the mouth of the intended River St. Croix was to be 
 found. Notwithstanding the precautions taken in that respect, the river contemplated 
 by the negotiators, that which in Mitchell's Map bears the name of St. Croix, has 
 not been confirmed as the boundary between the two countries. The Schoodiac, the 
 
 (c) Written Evidence, No. 2. 
 f ) The Treaty of Ghent, Art. 4. 
 
23 
 
 most Westerly river that emplies into Bay Fundy, has beau decided to be the true St. B «' of ^»«*y- 
 Croix. 13 ut from what has been stated, and indeed, judging from the arguments ad- 
 duced in support of the claim now advanced by Great Britain, it may be fairly pre- 
 sumed, that the field of English pretensions would have been extended far beyond the 
 Schoodiac, had it not been limited to rivers having their mouth in the Bay of Fundy. 
 Can it be now pretended that this precaution, the special designation made fora par- 
 ticular and obvious object, necessary in order to obtain the object to which it applied, 
 was intended and can be made to extend to another object, and to have an effect on the 
 construction of another and distinct provision of the treaty? Can it be contended that, 
 because it was necessary to specify in what part of the Atlantic Ocean the River St. 
 Croix emptied itself, it follows, that when speaking, in another clause of the treaty, of 
 that Ocean, not in reference to that part, but as contradistinguished exclusively from 
 the River St. Lawrence, it must he so understood, as to exclude that part of it, (the 
 Bay of Fundy.) which, for that particular, and for no other reason, it had been requi- 
 site so to specify? It is obvious, that it is only in case there had been no necessity to 
 use the designation of " Bay of Fundy" where it is used, that there would have been 
 any color for the pretended inference, that that designation was made for all the pur- 
 poses of the treaty, or was intended to control the construction of any other of its 
 provisions 
 
 \ 4 ' 
 
 OBJECTIONS TO THE RIVER ST. JOHN, DERIVED FROM OTHER SOURCES THAN THE 
 
 TERMS OF THE TREATY. 
 
 Having shewn how destitute of any foundation is the inference attempted to be Negotiations or 
 drawn from certain expressions in the treaty, we will now proceed to examine the rea- 
 sons derived from other sources, which have been alleged, in order to sustain the as- 
 sertion, that the River St. John, which falls into the Bay of Fundy, was not intended, 
 by the framers of the treaty, to be included in the class of rivers therein described as 
 falling into the Atlantic Ocean. 
 
 It has already been stated (g) that Congress, in their first instructions, of August 
 1 1th 1779, had declared the United States to be bounded: 
 
 "North, by a line to be drawn from the North-west angle of Nova Scotia, along 
 the. Highlands which divide those rivers which 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 be drawn along the 
 
 middle of St. John's River, from its source to its mouth in the Bay of Fundy. {h) 
 
 If the Eastern boundary above described cannot be obtained, you 
 
 are hereby empowered to agree that the. same shall be afterwards adjusted by Com- 
 missioners, to be duly appointed for that purpose, according to such line as shall be by 
 them settled and agreed on. as the boundary between that part of the State of Massa- 
 chusetts' Bay, formerly called the Province of Maine, and the Colony of Nova Scotia, 
 agreeably to their respective rights." 
 
 Although those instructions had been declared, by those of 15th June, 1781, to be 
 no longer peremptory, (/) the boundaries were defined, in the above mentioned terms, 
 in the first propositions of the Commissioners of the United States, which were provi- 
 
 (s) Written Evidence, No. 8, page 251. 
 (/;) The mouth of the River St. John is there descrihed to be in the Bay of Fundy, for the sake of 
 precision; there being- several of that name, amongst others, one which has already been mentioned, and 
 forms one of the boundaries of the Province of Quebec, according to the Proclamation of 176". 
 
 '/') W rittcn Evidence, No. 8, page 252. 
 
 17FÎ. 
 
24 
 
 Negotiations oi s i nally agreed lo, on the 8th of Octolier, 1782, by the British Commissioner, substi- 
 tuting however to the description cf the Eastern boundary, the other alternative sug- 
 gested by Congress, namely, that the true line between Nova Scotia and the United 
 States should be settled by Commissioners, as soon as conveniently might be after 
 the war. 
 
 After some discussions, during which the British contended that Nova Scotia 
 should extend to the river Kennebec or to the Penobscot, and one of the American 
 Ministers, after again proposing the River St. John, agreed with his colleagues to ad- 
 here to the Charter of Massachusetts' Bay, the boundary, as it is described in the trea- 
 ty, was ultimately agreed to, instead of leaving it to be thereafter settled by Com- 
 missioners. 
 
 The following particulars are declared, in the British Statement, to be collected 
 from those various instructions, propositions and transactions: 
 
 1st. That the mouth of the St. John River was, from the first, specifically describ- 
 ed as being in the Bay of Fundy, while the Bay of Fundy was described as distinct 
 from the Atlantic Ocean. 
 
 2dly. That the north-west angle of Nova Scotia was deliberately placed by the A- 
 mericans themselves at the source of the River St. John; which source and north-west 
 angle were by them taken as identical. 
 
 3dly. That the highlands intended to divide the rivers falling into the Atlantic 
 Ocean from those falling into the St. Lawrence, are (in the American projet) de- 
 scribed in the very same terms which they now retain in the definite treaty of 1783. 
 
 Whence it is inferred, *' that the highlands designated in the projet, being then in- 
 tended to divide the Androscoggin, Kennebec, and Penobscot Rivers alone, from those 
 falling into the St. Lawrence, to the exclusion of the St. John, the highlands so de- 
 scribed are still intended to divide the same rivers; and that from those rivers, there- 
 fore, the St. John is still intended to l>e excepted." 
 
 The highlands contemplated by the first American projet were of the same cha- 
 racter, but differed in extent, from those designated by the treaty of 1783. And the 
 facts quoted in the British Statement prove the very reverse of the inference attempted 
 to be drawn from them. 
 
 The highlands contemplated in the projet and those described by the treaty had one 
 common character, that of dividing the rivers which empty themselves into the River 
 St. Lawrence from those that fall into the Atlantic Ocean. That property, bein»- com- 
 mon to both, is in both instruments expressed in the same terms. Butas they differ- 
 ed greatly in extent, the north-west angle of Nova Scotia, as determined by the treaty, 
 being, according to either the British or the American claim, at least eighty miles east 
 of that contemplated by the projet, the terms are no longer the same, in that respect, in 
 the two instruments. The place of beginning, or north-west angle of Nova Scotia, is 
 distinctly stated, in the projet, to be at the source of the River St. John, and in the trea- 
 ty, to be at the intersection of the highlands with the line drawn due north from the 
 source of the River St. Croix. Supposing therefore that the highlands described in the 
 projet divided the St. Lawrence from the Atlantic rivers, to the exclusion of the St. 
 John; and since that portion of the highlands, which extends from the above men- 
 tioned source of the River St. John to the termination of the aforesaid due north line, di- 
 vides through nearly the whole of that extent the tributary streams of the St. John 
 from those of the St. Lawrence; (A) it cannot be seriously asserted that the highlands 
 of the treaty are, in that respect, either described in the very same terms, or are the 
 same, and are intended to divide the same rivers as those contemplated in the projet. 
 
 But the terms of the projet, on which the British rely, actually prove that the River 
 St. John, instead of being excluded, was there included amongst the rivers falling in- 
 
 !!■■; Or according totlie Iîrilish, from those of the Penobscot. 
 
=25 
 
 to the Atlantic Ocean, to be divided by the highlands from those that fall into the Ri- 
 ver St. Lawrence. 
 
 According; to the projet, the United States were to be bounded North " by a line to 
 be drawn from the North-west angle of Nova Scotia along the highlands which di- 
 vide those rivers,"' &.C. and East " by a line to be drawn along the middle of St. John 
 River fro/n its source to its mouth in the Bay of Fundy. " 
 
 It, has been justly observed, in the British Statement, that as '• there is no mention 
 made of any connecting line between the point of commencement of the Northern and 
 that of the Eastern line; therefore they" (that is to say the North-west angle of Nova 
 Scotia and the source of the St. John River) " must be taken as identical. " And for the 
 very same reason, because there is no mention made of any connecting line between the 
 North-west angle of Nova Scotia and the dividing highlands, but on the contrary the 
 northern boundary is " a line to be -drawn, from the North-west angle of Nova Sco- 
 tia," without any chasm or interruption whatever, " along the highlands which di- 
 vide those rivers, &c. to the North-westernmost head of Connecticut River;" the 
 North-west angle of Nova Scotia is, by the projet, placed on the very highlands 
 which divide those rivers which empty themselves into the River St. Lawrence, from 
 those which fall into the Atlantic Ocean. 
 
 It is evident, that neither that particular spot of the highlands designated as the 
 North-west angle of Nova Scotia, andfron. which issues the contemplated source of the 
 River St. John, nor the portion of the said highlands which gives rise to more south- 
 ern sources of that river, can divide, from the St. Lawrence rivers, any river what- 
 ever which falls into the Atlantic Ocean, except the St. John itself. That river is there- 
 fore necessarily included amongst those falling into the Atlantic, which are described 
 in the projet, as divided by the- highlands from the tributary streams of the River St. 
 Lawrence. 
 
 And since the mouth of the St. John River was, in the projet, as correctly stated iu 
 the British Statement, specifically described as being in the Bay of Fundy, and the 
 Bay of Fundy as distinct from the Atlantic Ocean, the descriptive terms used in the 
 projet afford an additional and conclusive proof, that the designation in one clause of 
 the article, of the Bay of Fundy by its specific name, for a particular purpose, and it* 
 being, in consequence of that designation, afterwards described as distinct from tin 
 Atlantic Ocean, does not affect, or restrain, the natural meaning of the terms " rivers 
 that fall into the Atlantic Ocean," so as to exclude therefrom the River St. John, al- 
 though it was, in reference to the mouth of that very river, that the Bay of Fundy 
 was thus designated and distinguished by its special name. 
 
 To this no other reply can be made than that assertion, to which Great Britain is 
 perpetually compelled to resort, namely: that it is not necessary that the highlands, 
 expressly described as dividing certain rivers from each other, should actually divide 
 the rivers intended to be divided. In this instance however, the United States must 
 be allowed to have, in their own projet, ascribed their true signification to the words 
 they used, and not to have intended, by " highlands which divide," highlands which 
 do not divide the rivers therein mentioned. 
 
 It is further insisted, that, as the original claim on the part of the United States did 
 not extend beyond the River St. John ; and as a new and more contracted line was ulti- 
 mately agreed on and substituted for that first proposed line, which had been rejected 
 by Great Britain; it is impossible to suppose that that new line should have left to the 
 United States a territory north of the River St. John, not included in their first claim. 
 
 The American claim to the River St. John was avowedly founded on the erroneous 
 belief, that the Chartered Boundaries of Massachusetts' Bay extended eastward!}- to 
 that river. This appears on the face both of the instructions and of the projet. No 
 
 G 
 
 gonuiitins ni 
 I7S3. 
 
26 
 
 'gniiations oi other reason has been assigned for that belief, but that which i.s >t;iieil in the RepoFt 
 
 made on the 16th August, 1783, by a Committee of Congress, in the following words : 
 •• As to the territory of Sagadahock, which is synonymous with the lands between 
 the Province of Maine and Nova Scotia, conveyed by the new Charter, we can onh 
 observe upon the expression already cited from the Grant thereof to the Duke of York. 
 (hat the 'place called St. Croix adjoining to New Scotland, must mean the territory 
 which went by that name. Had the river only been designed, it alone would have 
 been mentioned. It seems to have been the practice of those times to denominate a 
 country from a river which bounded it. The River Sagadahock accordingly, at first, 
 gave its own appellation to the whole country as far as the river St. Croix, and after- 
 wards to the country from thence to St. Johns, which had before been called St. Croix'. 
 The place, therefore, called St. Croix, adjoining to New Scotland, was most likely 
 intended to describe the lands between the rivers St. Croix and St. Johns." (/) 
 
 The reason there assigned is altogether insufficient. The tract of land lying between 
 Nova Scotia and the old Province of Maine, which by its Charter is made part of the 
 Province of Massachusetts' Bav, is undoubtedly the same, commonly called "Sagada- 
 hock,"' which had been granted to the Duke of York in the year 1667. But although 
 there might be a want of precision in the description of the Eastern boundary of his 
 tirant, there was none, so far as related to the River St. Croix, in the boundary as 
 described in the Massachusetts' Charter: The words are "the province of Main, the 
 territory called Accada, or Nova Scotia, and all that tract of land lying between the 
 said territories of Nova Scotia and the said Province of Main." And Nova Scotia 
 was, by the grant to Sir Wm, Alexander, bounded expressly on the West by the 
 River St. Croix. ■ 
 
 Of this insufficiency the Committee was aware, since they acknowledge that the 
 country in question "cannot be proved to extend to the River Si. John as clearly as 
 to that of St. Croix." (m) There is indeed much confusion, in all the portion of 
 the report relating to this boundary, which evidently arises from the difficulty, to find 
 some reasons to justify the claim to the River St. John, which, without a sufficient in- 
 vestigation of the subject, had been asserted in the Instructions of August 1779. (n) 
 \ nd the American negotiators of the treaty, after a full examination and discussion, 
 did abandon the claim, on the express and avowed ground thai it could not be sus- 
 tained by the Charter of Massachusetts' Bay. 
 
 Another line, (namely, the River St. Croix and a line drawn due North from its 
 source,) which intersects the River St. John, was substituted in lieu of it. The ef- 
 fect of this was, to leave to Great Britain a portion of territory along the sea shore, 
 Wrr-t and South of the River St. John, which was included, and to leave within the 
 United States an inland portion of territory beyond the River St. John, which was 
 not included within the original American claim. It cannot, without ascribing a glar- 
 ing absurdity to the American negotiators, be supposed, that, in agreeing to a substi- 
 tution founded in their opinion in justice, they intended to abandon, not only the 
 territory which was shewn to be without, hut also that which they found to be clearly 
 comprehended within, the boundaries of the Massachusetts' Charter. 
 
 The fact, therefore, principally relied on in the British Statement, is, that the River 
 St. John having been decidedly rejected by Great Britain as a Boundary, the line 
 substituted must necessarily have been more contracted than that which had thus been 
 rejected. And it is accordingly asserted, that the territory beyond the St. John, not 
 
 (/) Secret Journals, III vol. page 171. Written Evidence, No. H, page 25\. 
 
 (m) Secret Journals, Vol. HI, page 171. Written Evidence, No. 8, page 253. 
 
 [,//) This report is erroneously said, in the British Statement, page 17, to have been concurrc 1 in In 
 
 (jongress. The report was only committed, (Seen-! Journals, Vol. Ill, page 203; instead of being 
 
 referred, (as proposed by the Committee,) to the Secretary for foreign Affars, and docs not appciw 
 
 to 'lave ever afterwards been act< d upon. 
 
■included within the original American pretensions, and which the United Slates now 
 claim under the treaty, contains 700 square miles more than that portion of territory 
 West of the River St. John, originally, claimed by them, and which, by the treaty, 
 has fallen within the dominions of Great Britain. 
 
 In framing this argument, and in the assertion itself, every consideration belonging 
 to the subject seems to have been forgotten or neglected. 
 
 A yellow line has been delineated, on the British transcript of the Map A, along 
 the River St. John, from its mouth, to its most Southerly source in about l(i ' 3' North 
 latitude, and 69° 50' West longitude, from Greenwich. This line is slated in the 
 margin to be "the most favorable which Congress thought could be obtained in 1782." 
 That most Southerly source is that which is considered by Great Britain as having 
 been contemplated as the North-west Angle of Nova Scotia in the original American 
 projet : and the comparative calculation of the two territories, on which her argument 
 is founded, has accordingly been made, beginning at that source, and thence following 
 the course of that branch and of the main River St. John. 
 
 It is impossible, in the first place, that this Southern source, if known in 1782, 
 should have been that which the United States-had in view. The source contemplated 
 in their projet was on the highlands which divide the rivers that empty themselves 
 into the River St. Lawrence from those which fall into the Atlantic Ocean. Anil the 
 Southern source above described, lies twenty miles East of any part of those high- 
 lands, and issues from the highlands which divide the Penobscot from the St. John. 
 
 But that Southern, and apparently longest branch of the St. John, was not known 
 in the year 1782. Its discovery is due to the explorations made in the years 1818, 
 1820, under the late Commission. The framers of the Treaty had not the benefit of 
 the surveys and maps annexed to the proceedings of the Commissioners, from which 
 the comparative contents of the two territories in question have been calculated in the 
 manner mentioned in the British Statement: and they could have had no other data 
 for such calculation than the maps existing at that time. 
 
 Supposing Mitchell's Map to have been that on which they relied, the most South- 
 westerly source of the River St. John, which takes its rise in the dividing highlands, 
 antl that which gives the result most favorable to the British mode of calculating, is 
 made, in that map, to terminate in a small lake, the western extremity of which is in 
 about 69° 18' W, longitude, Kj'' 38' N. latitude, and about 3-1 miles South-east from 
 Quebec, (o) 
 
 It will be easily verified, making the calculation according to Mitchell's Map, anil 
 taking that South-westerly source to have been the North-west angle of Nova Scotia 
 contemplated in the first instructions of Congress-, thai the territory North of the St. 
 John, not included within the original American claim, instead of containing 700 
 square miles more, is considerably less in extent than that portion lying west of the 
 said river, which was claimed by the 1 Fnited States, according to those first instructions, 
 uni which by the treaty has fallen within tin; dominions ot Great Britain. The Bri- 
 tish argument, being solely grounded on the contrary supposition, is therefore desti- 
 tute of any foundation. 
 
 Yet this calculation is the most favorable to the British argument thai could have 
 been selected. It was utterly impossible that either the most Southern, and then un- 
 known, source of the River St. John, or even Mitchell's Westernmost source' of that 
 river, could have been that which was contemplated in the American projet, as the 
 North-west angle i>( Nova Scotia. It was there proposed that the River St. John. 
 
 (n) This must have been the branch designated in Map A, as the west branch of the St. John, as 
 they near!} agree both in latitude anil in the distance and bearing" from Quebec. The difference of 
 IV arly one deg-rce in longitude arises from an error, which pervades the whole of Mitchell's Map. 
 
 IlllUtli 
 
 178 ! 
 
38 
 
 WgariatjoiMof from its source to its mouth, should be the boundary between the United States and 
 Nova Scotia, leaving within the United States all the territory on the right bank, and 
 o-iving to Nova Scotia the whole country on the left bank of the river, from its source 
 10 its mouth. It will appear at once, from an inspection of the Map A, and of Mit- 
 chell's Map, that, from either of those sources to the place where the due North line 
 intersects the St. John, the whole country on the South-east side of the river would 
 have thus been within the boundaries of the United States, and that on the North- 
 west side within those of Nova Scotia. Whatever breadth might be allotted to that 
 Province in that quarter, it is evident that its North-west angle must have been at 
 some place bearing North-west from the said point of intersection, and far North, 
 I hereforc, of either of those sources; the Westernmost being, on that supposition, 
 the Western, and the Southernmost, nearly the South-west, instead of the North- 
 west angle of Nova-Scotia. 
 
 In placing the North-west angle of Nova Scotia at the source of the River St. John» 
 the source which must necessarily have presented itself to the Americans, and have 
 been contemplated in their projet, was that of the Madawaska or Temiscouata Lake, 
 In) both on account of its position, and as the only North-west branch known at that 
 time; it havin" always, in a country uninhabited and without roads, been, as it con- 
 tinues to be, the ordinary communication between the country bordering on the River 
 St. Lawrence and that towards the mouth of the River St. John. 
 
 The projet originated in Congress. It is not at all in proof that, in designating the 
 tirst claimed boundary, that body was guided by Mitchell's Map ; and it is in proof, 
 that they had before them Bowen's Map, which is quoted by the Committee as one 
 entitled to credit, (y) It will be perceived, by a reference to that Map, how much 
 smaller must have appeared the territory beyond the St. John, not included within 
 the original claim, than that lying on the West side of the river, which was aban- 
 doned by making the River St. Croix the Boundary. 
 
 The inference drawn in the British Statement, will appear still more extraordinary, 
 if the comparative value, at the date of the treaty, of the two tracts of country in 
 question, is taken into consideration. Even now, when, after the lapse of more than 
 forty years, the inland country has, with the great increase of population and ap- 
 proximation of settlements, acquired a proportionate value and importance ; its soil 
 would, acre for acre, be considered as far less valuable than that of a territory, the 
 «reater part of which borders on the sea coast and tide water. But, in the year 1783, 
 when the attention of both Powers had been and was so entirely turned to the country 
 on the sea shore, along which alone there were any settlements at the time, it is quite 
 preposterous to suppose that, believing the two tracts to be nearly equal in extent, 
 their value could have been, in the opinion of either party, even a subject of com- 
 parison. 
 
 ■Fief of Madawa: 
 ka 
 
 In tlie total absence of solid reasons, resort has also been had, in the British State- 
 ment, to an ancient French Grant, situated on the Madawaska River, and including 
 the Lake Temiscouata, which, by virtue of subsequent sales, happens to be now claim- 
 ed and occupied by a British subject. 
 
 This concession, known by the name of " Fief of Madawaska," was made on the 
 25th November, 16S3, by the French Governor and Intendant of La Noarel/c France 
 and jicadie, to Antoine Aubert, a French subject, and his wife. 
 
 ( n) This is one of those luid down in Mitchell's Map as having its head opposite to the Wolves' River 
 of the River St. Lawrence. 
 
 (n) Printed Map, No. 13. See Secret Journal-; of CongTess Vol. Ill, page 190. Written Evidencp, 
 No. 8, page 255. 
 
29 
 
 After various mutations of property between French subjects, the Fief was, subse- FiL ' r ul ' M: "' '" '" 
 quent to the conquest of Canada by Great Britain, sold, on the 20th July, 1763, 
 together with the Seigneurie of the River du Loup, situated on the River St. Law- 
 rence, by the then French claimants, to General James Murray, the British Gover- 
 nor of Quebec. Both the Fief and the Seigneurie were, after an intermediate sale to 
 H. Caldwell, finally sold, on the 2d of August, 1802, to Alexander Fraser, the 
 present claimant. 
 
 It is asked, since there "exists an extensive possession, incontestably Canadian, 
 held by virtue of the rights derived to Great Britain from the cession to her of 
 Canada by France, far within the line of Boundary claimed by the United States, 
 
 as having formed part of the Province of Massachusetts' Bay; 
 
 on what possible ground can the United States, who, in preferring their claim in 1782,, 
 to territory in this quarter, professed to adhere to the Charter of Massachusetts' Bay, 
 now lay claim to a territory which was granted to a French subject, by a French 
 Governor of Canada, before the existence of the Charter of Massachusetts' Bay, 
 and which has always formed an integral portion of Canada, whether held by 
 France or Great Britain?"' 
 
 It is sufficiently clear, that this possession is held as private property by A. Fraser. 
 and that his right is derived from sales made by private individuals, and not at all 
 from the cession of Canada to Great Britain. It is not perceived how the Fief, having, 
 as mentioned in another part of the British Statement, "preserved its individuality 
 under the original grant," that is to say, having been sold entire, and not in separate 
 parcels, can possibly affect any national question. And it is altogether denied, that a 
 "■rant to a French subject, by a French Governor of Canada, either before or after the 
 existence of the Charter of the Massachusetts' Bay, can affect the limits or sovereign 
 rights of the United States, so far as they may be founded on that Charter. The pri- 
 vate rights of soil, from whatever source derived, arc independent of the epicstions of 
 boundaries and sovereignty, and, if doubtful, must be left to the decision of the proper 
 tribunals. 
 
 It is quite notorious, and not at all disputed, that Fiance did, to the very time of 
 the conquest of Canada by Great Britain, claim the whole country which is watered 
 by the River St. John, and its tributary streams, as a part of New France. There 
 'may be, for aught that is known to the contrary, hundreds of other French Grants on 
 that river, and elsewhere, South of the southern boundary of the British Province 
 of Canada, either in the contested territory, or within the acknowledged boundaries 
 of the United States, or of the Province of New Brunswick. 
 
 The fact is acknowledged in the British Statement, (page 27,) which refers to the 
 Report of a Committee of the Executive Council of the Province of Quebec, dated in 
 the year 1787, where it is stated, that such Boundary, viz: " the height of land which 
 divides the rivers that empty themselves into the St. Lawrence, from those which fall 
 into the Atlantic Ocean," would curtail the ancient limits of this Government, and 
 interfere with the "seigneuries under Canadian grants, as far back as the years 1623 
 and 1683." (r) It will also be given in proof, that one of those grants is divided by 
 the acknowledged southern boundary of the British province of Canada. 
 
 How far these French Grants generally may have been respected, is best known to 
 Great Britain. But the last French possessor having had the sagacity to dispose of 
 his Madawaska Fief, in favor of the QrsI British Governor of Canada, is probably the 
 cause, why this solitary grant has escaped the general wreck of French concessions in 
 that quarter. 
 
 (r) Written Evidence, No. 59, and Kritish Evidence, No. 32. The Madawaska Fief was granted in 
 
 1 (i8o; hut the Committee alludes to other RTanfs as early as the year 162.3. 
 H 
 
30 
 
 lier oi Maiiawâs It is equally notorious, and not to be denied, that not the slightest respeet was paid 
 
 by Great Britain to the claim of France, over that country. The principles adopted in 
 that respect are clearly expressed in the Letters Patent of James I., dated 3d Novem- 
 ber, 1620, to the Council at Plymouth, (commonly known by the name of the New 
 England Patent,) and in the Charter of the Colony of Massachusetts' Bay, granted on 
 the 1th March, 1628, by Charles I. (s) 
 
 The Grant in the New England Patent, is for '• all that part of America, lying and 
 being in breadth from forty degrees of northerly latitude, from the equinoctial line to 
 Lhe forty-eighth degree of the said northerly latitude, inclusively, and in length of 
 and within all the breadth aforesaid, throughout all the main lands from sea to sea." 
 
 And the exception, as to the claims of other nations, is as follows, viz: li Provided 
 always, that the said lands, islands, or any the premises by the said Letters Patent 
 intended or meant to be granted, were not then act ually possessed or inhabited by 
 my other Christian Prince or State." 
 
 The same exception, and in reference to the same year, was inserted in the Charter 
 of the Colony of Massachusetts, dated 162S, in the following words, viz: 
 
 •• Provided always, that if the said lands intended and 
 
 meant to be granted, were, at the time nf granting of the said former tetters patent, 
 dated the third day of November, in the ISth year of the reign of his late Majesty 
 King James I., actually possessed or inhabited by any other Christian Prince or 
 
 S/ute that then the said grant of our said royal grandfather 
 
 should not extend to any such parts or parcels thereof so formerly inhabited." 
 
 The boundaries of the grants to Sir William Alexander, in 1621, and to the Duke of 
 York, in 1667, and of the Charter of Massachusetts' Bay, in 1691, extend to the Gulf 
 and River St. Lawrence, and to the main sea northward and eastward. In Mitchell's 
 Map, published in 1755, with the countenance of the Board of Trade, Nova Scotia and 
 New England are both distinctly designated, and made to extend to the River St: 
 Lawrence. Under the last designation are included the Old Province of Maine, ac- 
 cording to its ancient boundaries, and the Province of Sagadahock, (Duke of York's 
 Grant,) lying between Nova Scotia and Maine, and bounded on the North by the 
 said River St. Lawrence. 
 
 It is therefore evident, that at no time were any territories excepted by Great Bri- 
 tain from the grants issued under her authority, but such as had been actually 
 occupied and inhabited by some other European Power, prior to the year 1620, or 
 such as might be recognised by treaty stipulations to belong to another nation; and 
 chat the chartered boundaries of Massachusetts' Bay, at the time of the cession of 
 Canada to Great Britain, extended, without any reservation, to the banks of the River 
 St. Lawrence. 
 
 The soundness of those principles, and the justice of the British claim to that ex- 
 tent, though they would be contested in a discussion where France was a party, can- 
 not be called in question between the United States and Great Britain. v 
 
 Admitting the claim of France to that part of the country to have been founded m 
 justice, and the Fief of Madawaska to have been a possession unquestionably Canadian, 
 from the date of the Grant to the final cession of Canada to Great Britain, the question 
 whether that concession, and the presumed right of France to the territory on the 
 River St. John, affected the chartered boundaries of Massachusetts' Bay, is altogether 
 irrelevant to the point at issue between the two Powers. 
 
 After the cession of Canada by France, Great Britain had the undoubted right, 
 m erecting new Governments out of that Province, to alter its boundaries, and to an- 
 nex to her ancient colonies such parts as she might think proper, of the former acknow- 
 ledged dominions of France. That this did actually take place, is proved by the order 
 
 (.«) Both quoted in the Charter of the Province of Massachusetts' Bay, of the year 1691. Written Evi- 
 dence, No. 13. 
 
31 
 
 }n Council, of August, 1768, in which, after having confirmed the line of division along v "' «^Maiiawas 
 the 45th degree of North latitude, between the Provinces of New York and Quebec, 
 it is provided " that nothing herein before contained shall extend to affect the properties 
 of His Majesty's new subjects, having possession under proper titles, on those parts of 
 the lands on the South side of this line the dominion of which was not disputed on 
 the part of the Crown of Great Britain;" and provision is also made in favor of those 
 new subjects who had obtained concessions and made actual settlements on lands disput- 
 ed by the Crown, (ss) 
 
 . It is therefore demonstrated, that the fact of a grant of land of Canadian origin 
 being found in any place whatever, (South of the 15th degree of North latitude, or on 
 the River St. John,) does not prove that it ever lay, or lies, within the boundaries of the 
 Province of Quebec, (now Lower Canada.) as prescribed by Great Britain after the 
 cession of Canada by France. 
 
 The British argument, then, rests exclusively on the assertion, that this grant of land 
 has, ever since the Proclamation of 176:i, constantly been subject to the jurisdiction, and 
 been unintcruptedly held, of the British government of Lower Canada or Quebec. 
 
 The fief of Madawaska was held of the French government by a feudal tenure; and 
 it appears, accordingly, that whilst France held possession of Canada, and as late as the 
 year 1756, the various acts pertaining to that tenure, such as acts of fealty and homage, 
 statement of the contents and description of the land, [Jiveu el Dénombrement) and 
 payment of the fine of alienation on mutation of property, were duly performed by the 
 French Grantees, who resided in Canada on the waters of the River St. Lawrence. (/) 
 
 Not a single act of that nature, without excepting the payment of the reserved fine 
 on each alienation of the property, appears to have been performed in relation to the 
 government of Canada, by any of the British purchasers of the grant, from the ces- 
 sion of that Province to Great Britain, to the present time. 
 
 Mr. Bouchette states expressly, that "By the ancient custom of Canada, lands were 
 held immediately from the King, en fief, or en roture, on condition of rendering fealt \ 
 and homage on accession to the seignorial property; and in the event of a transfei 
 thereof, by sale or otherwise, except in hereditary succession, it was subject to the pay- 
 ment of a quint, or the fifth part of the whole purchase money, and which, if paid b\ 
 the purchaser immediately, entitled him to the rabat, or a reduction of two-thirds of the 
 quint. This custom still prevails." (it) And he also mentions the fact, that the 
 Dames Religieuses of the General Hospital of Quebec did perform fealty and homage 
 in-the year 1791, fora fief situated on the Hirer St. Lawrence, within the bounda- 
 ries of the British Province of Canada, (v) 
 
 As the tenure remains unchanged, the omission of performing the duties attached 
 to it affords a conclusive proof, that the fief has not, since the cession to Great Britain, 
 been considered as being held from Canada. It is not included in the list of the fiefs con- 
 ceded by the French Government, and still considered as being within the boundaries 
 of the British Province, which is annexed to the Surveyor General's Topographical 
 Description, (w) Nor has any evidence been adduced of a single act of jurisdiction, 
 by the Government of the Province of Quebec, (or Lower Canada,) over that fief, or 
 having any reference to it. No other evidence has been produced, of a date subse- 
 quent to the year 1762, in any way relating to that concession, than the various leases 
 and deeds of sale of the property. 
 
 Those mutations of property between British subjects afford in themselves no evi- 
 dence whatever of jurisdiction. The only semblance of proof arises from those in- 
 
 (ss) Written Evidence, No. 26. Appendix, page 21 3. 
 
 (t) Written Evidence, No. 58, and British Evidence, Nos. loto 19. 
 
 («) Bouchette, page 11. Written Evidence, No. 43. 
 
 (t>) Bouchette, page 396, and Appendix, page 12. Written Evidence, No. 4-J 
 
 (/cu) Bouchette, Appendix. Written Evidence, No. 43. 
 
lia 
 
 32 
 
 ! ,.i ,,i ^j.Miawas ■ fjti-umcnts having been recorded in the Province of Quebec or Canada; viz: four 
 leases, dated respectively in the years 1768, — 74, — 82, — S6, in what is called the Re- 
 gister's Office of Quebec, and the deeds of sale, bearing date, July 1763 (prior to the 
 King's Proclamation of October, 1763,) and June and August, 1802, (subsequent to the 
 treaty of 1783,) in the offices of public notaries of the same city. 
 
 It was quite natural, that the lessees and grantees, all of them inhabitants of Canada, 
 should, in order to preserve the evidence of their title deeds, have had them recorded 
 by those inferior officers, neither of whom was competent judge of what were the 
 limits of the Province. Hut there was a sufficient reason why those several instru- 
 ments should have been thus recorded. Every one, whether lease or deed of sale, 
 included not only the fief of Madawaska, but also, other much more valuable lands, 
 situate within the acknowledged boundaries of the British Province of Quebec. 
 
 The deed of July, 1763, from the last French owner to General Murray, includes, 
 1st, the lief of Madawaska, on the river of the same name, situate near the River St. 
 John, together witli the Lake Temiscouata adjacent thereto, (y joignant,) containing 
 three leagues in front, on each side of the river of the same name, by two'leagues in 
 depth, not being able to declare positively the extent of the Lake Temiscouata: 2dly, 
 the seigneurie of the River du Loup, situate on the South side of the River St. Law- 
 rence, containing seven leagues and half, or thereabout, in front, on an average depth 
 of more than two leagues. (,r) 
 
 The deed of August, 1802, from II. Caldwell to A. Fraser, the present claimant, 
 as well as the three leases to Malcolm Fraser, are for the same property, and six thou- 
 sand acres in addition, situate on the waters of the River St. Lawrence, behind the 
 seigneurie of River du Loup, which had been granted in 1766 to Richard Murray by 
 the British government of Quebec. The whole is sold to Fraser for £1766 sterling. 
 
 The lease of 177 1. and the deed of sale from the executors of General Murray to 
 II. Caldwell, dated June 1S02, embrace, in addition to the above mentioned properties, 
 (be seigneurie of Lauzon on River Chaudière, that of Foucault on Lake Champlain, the 
 lief of St. Foi at Sillery, the mansion-house and lands of St. Bruit, a house in the city 
 of Quebec, &.C. ; the whole being sold for £10,000 sterling, (y) 
 
 It is also stated, in the document No. 21, British Evidence, that the deposition of 
 George Allsopp, (dated 7th September, 1S04,) the Register by whom was recorded the 
 lease of the year 1774, from General Murray to II. Caldwell, is ''taken at the request 
 of Heniy Caldwell, Esq., to be used in the causes to be heard and tried before the 
 honorable the Circuit Court of the United States next to be hohlen at Rutland, within 
 and for the District of Vermont, on the 3d day of October next ensuing, in which 
 causes Henry Caldwell, Esq. is Plaintiff:" And we find the explanation of this ap- 
 parent anomaly in Bouchette's Topographical Description, (:) where, speaking of the 
 seigneurie of Foucault, he informs us that "The line of boundary between Lower 
 Canada and the United States (the 45th parallel of North latitude) runs through this 
 seigniory, whereby great part of it is placed within the State of Vermont." 
 
 Thus we have it in proof, 1st, that in prescribing the Southern boundary of the 
 British Province of Quebec, (now Lower Canada,) no regard was paid to the situation 
 of the ancient French grants, and whether they fell on one side or the other of the 
 line — 2dly, that French concessions, known to be without the acknowledged bounda- 
 ries of that province, were nevertheless admitted to be recorded by the officers hold- 
 ing their offices at Quebec. 
 
 (x) Written Evidence, No. 58, and British Evidence, No. 20. For the extent of the fief of Madawas- 
 ka, see Note (A) at the end of this Statement. 
 
 (»/) Written Evidence, No. 58, and British Evidence, ?1 to 25. 
 (;) Bonchette, page 188. Written Evidence. No. 43. 
 
33 
 
 Even iiail this not been the case, it would have been preposterous to say, that acts FiefofMadawas 
 of an inferior officer of the city of Quebec could have been known to the framers of 
 the treaty of 1783, have had any influence on their proceedings, or can in any degree 
 affect the boundary established, either by the public acts of Great Britain, or by the 
 treaty of 17S3. 
 
 Yet, it is on the fact alone of the leases and deeds of sale having been recorded at 
 Quebec, in the manner and under the circumstances which have now been explained; 
 on no other evidence whatever, and in the face of contradictory evidence; that the 
 structure has been erected, in the British Statement, of an extensive Possession, in- 
 contestably Canadian, held by virtue of rights derived to Great Britain, far within the 
 pretended boundary of the Province of Massachusetts' Bay, which has always formed 
 an integral portion of Canada, and which, preserving its individuality under the origi- 
 nal grant, has constantly been subject to the jurisdiction of Canada. 
 
 Without pretending to understand precisely the meaning of some of the conclud- 
 ing remarks of the Statement, on that branch of the subject, it may be observed, that 
 after having assumed that the Fief of Madawaska was within the Boundaries of the 
 British Province of Canada, it is inferred, that '-assuming this to be the case, it is 
 manifest that the American line must, at the point towards the source of the Mad- 
 awaska, experience an absolute chasm; a complete interception, by the interposition 
 of Canada." 
 
 " But how (it is added) would such a line fulfil the conditions of the treaty? It 
 would certainly, in that case, neither run along highlands, nor would it divide rivers 
 falling into the St. Lawrence from rivers falling into the Atlantic; since the up- 
 per part of the Madawaska would undoubtedly be on the same line with all the rivers 
 which fall into the St. Lawrence." 
 
 No better reason can certainly be assigned, than this last quotation, to shew that 
 the Fief of Madawaska cannot, in conformity either with the treaty of 17S3, or the 
 proclamation of 17(33, be within the Boundaries of Canada. 
 
 If those remarks were intended, (though still excluding the River St. John,) as the 
 view taken by the British Government, of the conditions which necessarily attach to 
 the Boundary line, in order to fulfil the conditions of the treaty; it is tantamount to 
 an abandonment of the case, since the line claimed by Great Britain does not certain- 
 ly, through the greater part of its extent, divide the rivers falling into the River St. 
 Lawrence from any other rivers whatever. 
 
 If intended (inly, as that view of the subject which is taken by the United States, 
 its correctness cannot be impeached on any other ground, than that to which Great 
 Britain is always compelled ultimately to resort; namely, denying that it is necessa- 
 ry, in order to fulfil the conditions of the treaty, that the line should, from the North- 
 west angle of Nova Scotia to the head of the Connecticut River, divide rivers fall- 
 ing into the St. Lawrence from /livers falling into the Jltlantie. 
 
 The other alleged acts of jurisdiction by the Government of Canada, over the con- 
 tested territory, are, with a single exception, of a date posterior to the treaty of 17S3, 
 and will be examined in the section of this Statement, where a general view will be 
 taken of the acts of both parties, in relation to that territory, since the year 17S3. 
 
 The only act of a prior date, which has been adduced in evidence, consists of a i mUan Ground- 
 notice from the Secretary's Office, dated 19th January, 1705, and inserted in the 
 Quebec Gazette of the 24th of the same month. 
 
 This was founded on the petition of an Indian tribe, called Mariciltes, complain- 
 ing that the inhabitants of Canada hunted beaver, on lands belonging to them, which 
 extended from the Great Falls of the River St. John to Temiscouata, a space of about 
 twenty leagues, including the River du Loup, (a) and that of Madawaska, which erap- 
 
 (a) This is a distinct river from that of ttie same name which falls into the River St. Lawrence. 
 
 I 
 
;.!•!;:, h Grounds 
 
 3-i 
 
 tv themselves into the River St. John; where the French had a', all limes been forbid- 
 den to hunt beaver, that privilege (cette chasse) having always been reserved to the 
 said Indians. And the notice is accordingly given that the privilege prayed for by 
 the said Indians, (to wit: the renewal of the order forbidding the inhabitants of Cana- 
 da to hunt on their grounds.) would he allowed at. 1 confirmed to them, unless just 
 cause could be shewn to the contrary. (/») 
 
 When the question was to quiet Indians in the vicinity of his Province, a British 
 Governor might have been justified in not strictly attending to Boundaries running 
 across a country vet in their possession. But, in this instance, the Governor ofQue- 
 bec did not overstep the limits of his legitimate authority. The order, if it ever was 
 issued, applied only to the white inhabitants of Canada, residing within the acknow- 
 ledged Boundaries of his Province; and he had a right to forbid their hunting on In- 
 dian grounds, though situate beyond those Boundaries. 
 
 To argue from such an order, that the River St. John was within the limits of 
 Canada, would he just as rational, as to insist that China is part of the dominions ef 
 Great Britain, because she forbids her subjects generally to trade to that country. 
 
 It may be further observed, that the protection of the Indians was one of the spe- 
 cial objects of the Proclamation of 1763. Amongst other provisions to that effect, it 
 is "provided, that every person who may incline to trade with the said Indians, do 
 take out a license for carrying on such trade, from the Governor or Commander in 
 Chief of any of our colonies respectively, ivhere such person shall reside." Whence 
 it clearly appears that the powers given to the Governors, in relation to Indian affairs, 
 were to be exercised, with respect to white inhabitants, in reference to their place q! 
 residence, and not to that of the Indians. 
 
 § 5. 
 
 Objections relative to the Gulf of St. Lawrence. 
 
 The arguments by which it has been shewn, that the framers of the treaty of 1 7S3, 
 had no intention to assign to each Power the whole of the rivers which have their 
 mouth within their dominions respectively; and that the term "rivers which fall into 
 (he Atlantic Ocean," considered alone, embraces those which fall into the inlets ol 
 that Ocean, apply with equal force, to the Gulf of St. Lawrence and to the Bay of 
 
 Fundy. 
 
 The facts, that the River Ristigouche empties itself into the Gulf of St. Lawrence 
 through the Bay des Chaleurs, and that its mouth lies far East of the meridian of the 
 source of the River St. Croix, are evidently irrelevant to any question at issue. 
 
 The mention, in another article of the treaty, of the Gulf of St. Lawrence by 
 its specific name, affords another proof, that that inlet is always held to be a part of 
 the Atlantic Ocean. 
 
 The provision alluded to is in the following words: " that the people of the United 
 States 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; also in the Gulf of St. 
 Lawrence, and at all other places in the Sea, where the inhabitants of both countries 
 used at. any time heretofore to fish." 
 
 The Gulf of St. Lawrence is, in that clause, assimilated to the Banks of Newfound- 
 land; both being declared to he places in the Sea; and what Sea was meant cannot be 
 doubted, unless it should be denied that the Banks of Newfoundland are in the At- 
 lantic Ocean. 
 
 (/)) Written Evidence, No. 59, ar.d Kritish Evidence, Mo. 08. 
 
\u,i!' r< us instances ha\ c ulread) been adduced in this Statem< nt, taken from pub- uuif »f 
 lie acts and other documents, and shewing that, both in its general sense and usual ac- 
 ceptation, i!:<' term " Atlantic Ocean,'* is always so understood. 
 
 Amongst other proofs, we refer more particularly to those drawn from the gran! 
 of Nova Scotia to Sir William Alexander, from the commissions of the Governors 
 of Nova Scotia, New Brunswick, the Province of Quebec and Canada, and from the 
 provision respecting captures in the treaty between Great Britain and France of 1783. 
 And we will now, in order to remove any possible doubt on the subject, examine 
 more closely an instance which had only been adverted to, and where the meaning 
 and effect of the expressions used were considered with deliberate attention. 
 
 In the first project of a treaty, which was presented by the American Plenipoten- 
 tiaries, in the course of the negotiation at Ghent, a provision was, as usual, inserted 
 for the limitation of captures subsequent to the signing of the treaty. The clause, 
 which appears to have been borrowed from that which had been agreed to, between 
 Great. Britain and France, in 178:!, was in the following words, viz: "that the 
 vessels and effects which may be taken in the Channel, and in the North Seas, after 
 
 the space of from that of I he signature hereof, shall be restored on each side; 
 
 that the term shall be from ihe Channel and the North Seas to the Canary 
 
 Islands inclusively, whether in the Ocean or the Mediterranean: of from 
 
 the said Canary Islands to the equinoctial line or equator, and of in all other 
 
 parts of the world, without exception." This provision was at first agreed to by the 
 British Plenipotentiaries, with a verbal amendment as to the Mediterranean, and sub- 
 stituting the words ''from the period of the exchange of the ratifications" to "that of 
 the signature" of the treaty. 
 
 It having been, at the same lime, proposed by the British Plenipotentiaries, thai 
 the ratifications should he exchanged at Washington, it was perceived that the limita- 
 tion of captures ought to be shorter on the American than on the European coasts. 
 
 And accordingly they proposed, at a subsequent conference, the following sub- 
 stitute: (c) 
 
 " That all vessels and effects which may be taken, after the space of twelve days 
 from the period of the exchange of the said ratifications, upon ; 11 parts of the coast ot 
 North America, from the latitude of L'J degrees north to the latitude of 17 degrees 
 north, and as far eastward in the Atlantic Ocean as the 65th degree of west longitude, 
 
 from the meridian of Greenwich, shall be restored on each side. That the term 
 
 shall he thirty days in all other parts of the Atlantic Ocean, as far eastward as the 
 entrance of the British Channel, and southward as far as the equinoctial line or equa- 
 tor; and the same time for the Gulf of Mexico and all parts of the West Indies. 
 
 Forty days for the British Channel and the North Seas: the same time for all 
 
 parts of the Mediterranean. And one hundred and fifty days for all other parts 
 
 of the world, without exception." 
 
 The words used in reference to the period of twelve days, viz: "upon al! parts of 
 the coasts of North America," embrace, of course, all the adjacent Bavs ami Gulls as 
 far north as the latitude of -17 degrees. But it will be seen, by referring to any 
 
 |i.f(/) that that parallel of latitude touches the northern extremities of the Islands 
 
 of Cape Breton and St. John, leaving, south of it, a very small portion only of the 1 
 Gulf of St. Lawrence. Almost the whole of that gulf, (including the entrance of the 
 river of the same name, the Straits of Bellisle, and those which lie between Capo 
 Kay, of Newfoundland, and the North Cape of Cape Breton,) lies north of that lati- 
 tude, and is not, therefore, included within the provision limiting the captures to twelve 
 days. 
 
 (c) See projet of Treaty and Protocol of the Conference of 1st Dec. 1814. — Written Evide m . So : 
 (d ) See Map A ami printed Maps. 
 
,,..,. 
 
 36 
 
 ;i f St . L aw . The Gulf is not included in the forty days' provision, which applies only to the 
 
 British Channel, the North Seas and the Mediterranean. And it must, therefore, 
 have been necessarily comprehended in the term of thirty days, which extends to all 
 other parts of the Atlantic Ocean as far castas the British Channel, and south as the 
 Equator; unless it should be supposed to have been included in the term of " 150 days 
 for all other parts of the world without exception:" and this supposition is untenable. 
 
 The Gulf of St. Lawrence, particularly the Straits above mentioned and the entrance 
 of the River St. Lawrence, are the highway, and form the only outlets for the whole 
 trade between Great Britain and Quebec; a trade which was, at that time, carried on 
 exclusively in British vessels. To have, therefore, included that gulf within the term of 
 150 days, would have been tantamount to a permission to the American armed vessels 
 and privateers, coming from ports within fourteen days sail of the entrance of the gulf, 
 to intercept and capture, without any difficulty and with impunity, the whole of that 
 trade, during the space of more than four months. This is too absurd to have been 
 intended by the British Plenipotentiaries: and what proves, beyond doubt, that such 
 was not their intention, is, that the period for allowing captures in the gulf was ulti- 
 mately made not longer but shorter than thirty clays: which was effected, by extend- 
 ing the period of twelve days " upon all parts of the coast of North America," as far 
 north as the latitude of 50 degrees, (e) 
 
 It must also be observed, that the British Plenipotentiaries, in making that proposal 
 (of the 1st December, 1S14), had duly attended to the propriety of specifying, by their 
 distinct names, those outlets or seas respecting which there might be some doubt; 
 and which, from long and common usage, might be considered as not included within 
 the term " Atlantic Ocean." Amongst others, " the Gulf of Mexico and all parts of 
 the West Indies" were distinctly specified, as coming within the term of thirty days; 
 and the Gulf of St. Lawrence was not named, it being perfectly well understood, 
 that it was of course included in the term "all other parts of the Atlantic Ocean." 
 
 It cannot, therefore, be doubted, that the rivers which fall into the Gulf of St. Law- 
 rence, are clearly embraced by the term, "Rivers that fall into the Atlantic Ocean;" 
 that the North-west Angle of Nova Scotia and the boundary line, extending thence 
 westwardly, designated in the treaty as being "on and along the Highlands which 
 divide the rivers that empty themselves into the River St. Lawrence, from those 
 which fall into the Atlantic Ocean," may, in strict conformity with that provision, 
 be equally placed on and along highlands dividing the tributary streams of the River 
 St. Lawrence, either from those of the River Ristigouche, or from those of the River 
 St. John; and that, whether it shall be on the one or on the other, depends on the place 
 where the due north line from the source of the River St. Croix meets the Highlands 
 in which the tributary streams of the River St. Lawrence have their source; since 
 •.uch Highlands alone can divide the rivers that empty themselves into the River St. 
 Lawrence, from those which fall into the Atlantic Ocean. 
 
 There is but one circumstance which, though not adverted to in the British State- 
 ment, may give rise to an objection, and makes a difference in the arguments, derived 
 from the intentions of the parties, as applied to the Ristigouche and to the St. John. 
 
 It is known by the last surveys, as exhibited in the map A, that the due north line 
 does not reach the Highlands, in which the tributary streams of the River St. Lawrence 
 have their source, until after having crossed several branches of the Ristigouche. The 
 termination of that line, or North-west Angle of Nova Scotia has, therefore, in strict 
 conformity with the express terms of the treaty, been found to be on the highlands 
 which divide those hranches from the rivers that empty themselves into the River St. 
 Lawrence. 
 
 !>) Treaty of Ghent, Vit 2d. — Written EvMence, No. 1. 
 
37 
 
 The position of that point was distinctly determined by the terms of the -treaty: Gu " "^':, Law 
 but k was impossible that the precise spot of ground where that angle would be 
 found, could be ascertained before the due north line had been actually surveyed. 
 And it appears that, misled by an error in Mitchell's Map, the framers of the treaty 
 of 1783 may well have believed, that the due north line would not cross any branch 
 of any of the rivers that fall into the Gulf of St. Lawrence, and that the North-west 
 Angle of Nova Scotia would be found on the Highlands which divide the-tributary 
 streams of the River St. Lawrence from those of the St. John. 
 
 The most favorable inference to the British claim, that can be drawn from the erro- 
 neous opinion of the negotiators on that point, is founded on the double supposition, 
 1st. That they did not perceive, that the definition of highlands, which they adopted 
 in the treaty, would embrace, should they happen to be mistaken in their opinion, the 
 case which has actually taken place; 2dly. That they did intend to allot, at all events, 
 the whole of the rivers falling into the Gulf of St Lawrence to Great Britain, and 
 that, had they known that the due north line would cross the Ristigouche, before it 
 reached the highlands in which the tributary streams of the River St. Lawrence have 
 their sources, they would have fixed the termination of that line, and the North-west 
 angle of Nova Scotia, on the highlands which divide the waters of the Ristigouche 
 from those of the St. John; and would have defined the boundary line, as extending 
 thence, along the highlands which divide the rivers that empty themselves, either in- 
 to the Gulf or into the River St. Lawrence, from those which fall into the Atlantic 
 Ocean. 
 
 It is therefore evident, that a construction of the treaty, conforming with that pre- 
 sumed intention, is the utmost extent of what may possibly be claimed by Great Brit- 
 ain, under color of the erroneous opinion, entertained by the negotiators, respecting 
 the length of the most westerly branches of the Ristigouche. 
 
 But the most westerly sources of a river that falls into the Gulf of St. Lawrence, 
 are placed, in Mitchell's Map, only five miles east of the due North line. 
 
 Those sources belong in fact to the River Ristigouche which empties into the Bay 
 des Chaleurs, although Mitchell has erroneously laid them down as being those of the 
 River Miramichi which he designates by the name of Ristigouchi, and has made the 
 true Ristigouche much too short. But those differences do not affect the cjuestion; it 
 being sufficient that the sources arc laid down as those of a river which empties itself 
 into the Gulf of St. Lawrence. 
 
 It may therefore, with equal or greater probability, be presumed, that the framers 
 of the treaty, though believing that this line would not cross that river, were sufficient- 
 ly aware, that, since the interior part of the country had not been explored, reliance 
 could not be placed, at least within five or ten miles, on the positions assigned by 
 Mitchell to water courses and other places in the interior. And on that supposition, 
 it being deemed necessary to provide for the contingency of an intersection by the 
 north line of the river aforesaid, the terms used in the treaty would he adopted, with 
 a perfect apprehension of their effect on the contingency, if it >liould take place. 
 
 It may also be observed, that the negotiators could not have attached much impor- 
 tance to the fact, whether the due North line would intersect, or pass west of the ri- 
 vers which fall into the Gulf of St. Lawrence; since that circumstance could not affect 
 the extent of territory falling to the share of the two powers respectively. 
 
 All those suppositions, en either side, rest on mere conjectures. It is probable that 
 the framers of the treaty entertained the erroneous belief, that the due North line 
 would not cross the River Ristigouche. All that is well ascertained is, that, contrary to, 
 that probable expectation, the North-West angle of Nova Scotia has been found on the 
 highlands which divide the rivers that empty themselves into the River St. Lawrence, 
 from those that fall into the Gulf of St. Lawrence, instead of those that fall into the Ri- 
 
 K 
 
38 
 
 Gulf of st. Law ver St. John; and that, vJhether on the one, or on the other of those two highlands, 
 the place, where thus found, is clearly embraced by the express terms of the treaty. 
 
 Under those circumstances it would he contrary to justice and to every principle of 
 sound interpretation, to substitute, to the express terms of a treaty, presumed intentions, 
 not proved, hut only inferred from an erroneous opinion of the negotiators, on which 
 they may or may not have acted, and on which, from the terms used in the treaty, it 
 must he presumed they did not act. It is sufficient that the highland, which divides 
 the waters of the St. John from those of the Ristigouche, is not, and that the High- 
 land, which divides the waters of the Ristigouche from those of the River St. Law- 
 rence, is a Highland that divides an Atlantic River from one that empties itself into 
 the River St. Lawrence, (f) 
 
 " The first general maxim of interpretation is, that it is not permitted to interpret 
 what has no need of interpretation." 
 
 ■ . . . . " Those who dispute the sense of a clear and determinate ar- 
 ticle, are accustomed to draw their vain subterfuges from the pretended intention and 
 
 views of the author of that article This is a rule 
 
 more proper to repel them, and which cuts off all chicanery. If he, who can and 
 ought to- have explained himself cleurly and plainly, has not done it, it is 
 worse for him: he cannot be allowed to introduce subsequent restrictions, which he 
 has not expressed." 
 
 " There can be no secure conventions, no firm and solid con- 
 cession, if these may be rendered vain by subsequent limitations that ought to have 
 been mentioned in the piece, if they were included in the intentions of the Contracting 
 Powers." (g) 
 
 The correct principles, thus laid down by one of the most eminent writers on the 
 Law of Nations, may perhaps find their application in other parts of the argument. In 
 the question particularly now under consideration, it is sufficient to observe that, if it 
 had been intended by the treaty, that the due North line should not cross the Ristigou- 
 che, and that the North-West angle of Nova Scotia should not be placed on the High- 
 lands which divide the branches of that river from the tributary streams of the River 
 St. Lawrence, this could and ought to have been explained clearly and plainly in the 
 treaty itself; and that Great Britain having not done it, she cannot he allowed, accord- 
 ing to the principle laid down by Vattel, to introduce any restrictions or limitations, 
 that ought to have been mentioned in the treaty, if they were included in the intentions 
 of the Contracting Powers. 
 
 If there was even complete proof, that it had been the intention of the framcrso'f -the 
 Treaty that the whole of the waters of the Gulf of St. Lawrence should fall within the 
 dominions of Great Britain; another important consideration forbids-any claim, on the 
 part of Great Britain, to appeal from the terms of the treaty to those intentions. 
 
 The most easterly river, which falls into the Bay of Passamaquoddy, is that which, 
 in Mitchell's Map, is designated by the name of St. Croix. The true Indian name 
 " Magaguadavic" is given to it in Map A. The westerly river called " Schoodic" is, 
 in Mitchell's Map, designated by the name of Passamacadie River. 
 
 The Commissioners appointed in pursuance of the 4th article of the treaty of 1 794, to 
 decide which was the true River St Croix, bad before them the whole of the evidence, 
 
 (/) Unless it should be insisted that the rivers that empty themselves into the Gulf of St. Lawrence 
 must be considered as falling into the ltiver St. Lawrence, a supposition which lias been disproved in 
 the first American Statement. 
 
 (g) Vattel, Book 2d, Ch. 17. § 26", 264. 
 
39 
 
 which proves, that it washy Mitchell's Map that tlie framers of the treaty of 1783 Gu "' "^^t- Lan 
 regulated their joint ami official proceedings. In addition to the depositions of Mr. 
 Jay and of Mr. Adams, taken at that time, wo may quote Mr. Adams' letter to Lieut. 
 Governor Cushing. of 25th October, 17S4. 
 
 " We had before us, through the whole negotiation, a variety of maps, but it was 
 Mitchell's Map upon which was marked out the whole of the boundary lines of the'U- 
 nited States; and the River St. Croix which we fixed on, was upon that map the near- 
 est 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." (//) 
 
 Notwithstanding that clear evidence; although the easterly river is most distinctly 
 named and designated as the River St. Croix in Mitchell's Map; although it is from the 
 source of that same river that Mitchell has drawn the due north line, forming the 
 Western Boundarv of Nova Scotia (or Sir VVm. Alexander's Grant;) although the fact, 
 that that map had regulated the proceedings of the negotiators, was fully acknowledg- 
 ed; and although there was not the least doubt about their intentions: yet the decision 
 was, that, according to the treaty, the Schoodic or Westerly River was the true Si. 
 Croix. 
 
 This decision was made too by an American citizen, who was selected as Umpire by 
 the other Commissioners, and who conscientiously decided against the United States, 
 because the River St. Croix, being no otherwise designated in the treaty than by its 
 name, or, as having its mouth in the Bay of Fundy, lie had no other duty to perform 
 but to ascertain, without regard to the intentions of the parties, which was the true 
 River St. Croix. (/) 
 
 It was conclusively proved, that the Island, from which the river must have deriv- 
 ed its name, and to which the first discoverer (De Monts) had given that of St. Croix, 
 (k) was one situated within and some distance up the Schoodic. And the Umpire ar- 
 gued that, as Mitchell must, by his River St. Croix, have intended that in which the 
 Island of St. Croix should be found to be situated, his mistake must be corrected, and 
 could not affect the question. 
 
 By that decision the United States have, contrary to the well ascertained intentions 
 of the framcrs of the treaty, been deprived of the whole territory, contained between 
 the Rivers Magaguadavic and Schoodic, and between the two lines drawn due North to 
 the Highlands from the sources of those two rivers respectively, (/) containing about 
 three thousand and eight hundred square smiles. And the effect of the decision has 
 further been, to deprive them of the Island of Grand Menan, and of those in the Bay of 
 Passamaquoddy, all of which lie west of a line drawn from Cape Sable to the mouth of 
 the River Magaguadavic, and therefore had never been within the limits of the Pro- 
 vince of Nova Scotia. 
 
 Independent of the loss of territory, the boundary thus fixed is, and has proved to 
 be, attended with as much if not more inconvenience and clanger, either in time of peace 
 or of war, to the United States, than can possibly arise to Great Britain from any part 
 of that now in question. To that definitive decision, no objection was or could be 
 made: nor did it even excite any complaint against the respectable citizen, who, in 
 making it, performed a painful but sacred duty. It is now adverted to, only in order 
 
 (A) Written Evidence, No. 22, page 206. 
 
 (i) Written Evidence, No. 36. 
 
 </c^ Yet the name of St. Croix wa9 for the fir9t time given to the River, in Sir William Alexander's 
 Grant, of the year 1621. Lesca'.bot, published in 1618, gives it no name; and Chaniplain, in the original 
 edition of 1613, gives it no other than that of Riviere des Etchcmim. Written Evidence, No. 36, page» 
 :T7 and 278. 
 
 (/) The lines O A and S T in the American Transcript of Map A 
 
4U 
 
 lo point out, liow unjust it would be, to apply, on this, a different rule from that which 
 was adopted on a former occasion; and, after having decided, at one time, in conform- 
 ity with what was deemed ihe true meaning of the terms of the treaty, and in direct 
 opposition to Mitchell's Map, and to the clear and acknowledged intentions of the ne- 
 gotiators, to substitute, in this case, to express terms of the treaty, which admit of no 
 doubt, a construction founded on a more than doubtful intention, inferred only from an 
 error in that Map. 
 
 The question would have been different, had the error induced the negotiators to 
 define the boundary in such terms as would have rendered it impossible to execute the 
 treaty according to its tenor. 
 
 This is not a hypothetical case. The framers of the treaty, misled by another and 
 more fatal error in Mitchell's Map, defined the boundary from the most North-west- 
 ern point of the Lake of the Woods, as being " on a due West course to the River Mis- 
 sissippi." It was afterwards ascertained, that such line would pass North of the most 
 Northern sources of that Kiver, and that its length, as designated by the treaty, was 
 therefore indefinite. 
 
 In that case, as the treaty could not be executed, it became necessary to provide by 
 a new negotiation for an amicable settlement of the question. No such difficulty oc- 
 curs in the case now under consideration, because, notwithstanding the error in Mit- 
 chell's Map, and whatever may have been the belief of the negotiators, the terms of the 
 Treaty cover the contingency which has taken place, and can be executed according to 
 their tenor. 
 
 §6. 
 
 Objections derived from tltc signification of the term "Highlands." 
 
 iiigii'and*. It is contended, on the part of the United States, that the word " Highlands" is, in 
 
 its general sense, an indeterminate and relative term; that the property of dividing the 
 rivers designated by the Treaty, is that which affixes to that expression a definite and 
 precise meaning; and that, independent of any oilier consideration, it was for that rea- 
 son judiciously selected, in reference to an unexplored country, as applicable to any 
 ground along which the line dividing those rivers should be found to pass. The po- 
 sition of the highlands being clearly ascertained by the indispensable condition, that 
 they must divide certain specified rivers, any objection derived from a presumed mean- 
 ing of the word " Highlands" refutes itself, if its object be to divest them of that es- 
 sential character. 
 
 The most common error in relation to that subject is that of supposing, that " high- 
 lands which divide rivers" must necessarily be mountains. 
 
 Because the Alps divide the rivers of Italy from those of Germany and France; be- 
 cause these are divided from those of Spain by the Pyrennees; because, in America, 
 the Allegheny Mountains, for an extent of several hundred miles, divide the sources 
 of the livers which fall into the Gulf of Mexico, from those of the rivers which empty 
 themselves into the main Atlantic Ocean; it seems to have been concluded by many, 
 (/») whose opinion was founded only on an erroneous analogy, that the highland.' 
 
 (m) Amongst others, t!ie Agent of the United States under the 5th article of the trcatv of 1"94, 
 Sir. Sullivan,) as quoted by the British Agent in the course of the proceedings under the lute commis- 
 sion. Mr. S, though a man of extensive learning, was not probably acquainted with the technical mean 
 ing of the terms " highlands" and " height of land;" and lie does not appear to have investigated am 
 other branch of the subject than that on which he was appointed to argue, namely: which was the true 
 St. Croix' Yet, although he seems to have confounded " highlands" « ith " mountains," and to have 
 
41 
 
 which divide the rivers, that, in the territory in question, flow in opposite direct''""-!-', 
 must also he a continuous chain of conspicuous mountains, soaring above all the adjacent 
 country. But nature is not so uniform in her works, as the tendency of the human 
 mind to generalize would make her; facts will overset systems formed before they 
 had been ascertained: and the ridges which divide the sources of the River St. John, 
 from the tributary streams of either the River St. Lawrence or the Penobscot, as 
 those which separate the Borysthenes and the Volga from the Dwina and the Neva, 
 though they may not have, the character of conspicuous mountains, are not the less em- 
 braced by the general expression of "highlands" which divide those rivers re- 
 spectively. 
 
 It appears to have been now ascertained, that there is not, East of the sources of the 
 Chaudière, any continuous and conspicuous chain of mountains. The ridges run in 
 various directions; their course being generally parallel to that of the rivers, instead of 
 dividing them from each other at their sources. And a new definition of the term 
 "Highlands" is now suggested, as being apparently better adapted to the ground 
 over which the British line must pass. 
 
 It is asserted, on the part of Great Britain, that that term implies high, i. e. eleva- 
 ted, lands; or, in other words, a generally elevated and mountainous tract of country; 
 it not being necessary, however, that those highlands should present an absolutely un- 
 broken and continuous ridge, without the intervention of valley or swamp. 
 
 This definition is so vague, that if adopted it would only open a new field for dis- 
 cussion, there being no precise criterion by which to judge whether the line claimed 
 by either party has the general elevation required, and passes along, or near, a sufficient 
 number of mountains, and through no more than its due proportion of valleys and 
 swamps. 
 
 It will accordingly be found, that, whilst the notion of a continuous and conspicuous 
 chain is abandoned, so far as relates to the line claimed on the part of Great Britain 
 she continues to require, that there should not be found in the dividing highlands 
 claimed by the United States, any of those depressions, valleys and swamps, which 
 are admitted by the meaning she attaches to the term " Highlands." 
 
 If it is intended to divest this presumed mountainous country of the character of 
 dividing the rivers prescribed by the treaty, the pretended definition is not merely an 
 explanation of the term, but a substitution of the words, "a generally mountainous 
 country," to the express terms of the treaty, "the Highlands which divide the 
 rivers," &c. 
 
 If it is intended to preserve the conditions prescribed by the treaty, the supposition 
 that the boundary line must be along the mountainous country which divides the 
 rivers, &c. would be of no avail to Great Britain, since her line does not divide the 
 rivers designated by the treaty. And this double condition implies contradiction, 
 since, in their total ignorance of the nature of the intervening country, it was impos- 
 sible for the negotiators to divine, whether a line, dividing the rivers specified by the 
 treaty, would also be found to extend along a generally mountainous country. 
 
 Although the British definition is totally inapplicable to a boundary line, an exten- 
 sive district of country generally mountainous may, not in reference to such a line 
 but as contradistinguished from another tract of country, be designated with propriety 
 
 Highlands 
 
 been embarrassed by the information, (correct or erroneous,) that the highlands designated by the treaty 
 were not a chain of conspicuous mountains, that circumstance did not prevent his forming a correct 
 opinion on the main question, and cleaily seeing that the boundary line must, according to the express 
 terms of the treaty, lie along the ground which divides the rivers therein specified, without regard to its 
 nature or character. And the boundary is laid down accordingly, in the map annexed to his History of 
 (he District of Maine. (Topogr. Evidence, No. 36.) 
 
 l. 
 
4*2 
 
 by the name of highlands. Thus the Northern part of Scotland has received that ap- 
 pellation, in order to distinguish it from the Southern part, known hy the name of 
 Lowlands, (n) Those Highlands comprehend an extensive country, rugged and 
 mountainous, intersected by rivers and valleys, and without any conspicuous ridge 
 dividing the rivers that flow in opposite directions. 
 
 If Great Britain, for any purpose whatever, thought it proper to divide that Northern 
 part of Scotland into two districts; and the line, intended to divide those districts, was 
 described only as running generally along the Highlands, it would be altogether in- 
 definite and unintelligible. But if the line was defined as being, from the Northern 
 sources of Loch Fine, along the Highlands which divide the rivers that empty them- 
 selves into the German Sea, from those which fall into the main Atlantic Ocean, to 
 Duncansby Head; there is no Engineer, or Surveyor, appointed to survey the same, 
 who would hesitate, without regard to the position of the most conspicuous and eleva- 
 ted mountains, to leave, through the whole extent of the line, from Loch Fine to 
 Duncansby Head, the sources of all the rivers that fall into the German Sea, on his 
 right hand, and, on his left, the sources of all those that fall into the main Atlantic 
 Ocean. And in that course he would necessarily cross the summit level, which sepa- 
 rates Loch Oich from Loch Eil, the elevation of which is only 94 feet above the level 
 of the Sea; (o) since, by pursuing any other course, he must, contrary to the definition 
 of the line, cross one of the waters to be divided; and without gaining any thing in 
 point of elevation, since whichever of the Lochs or waters he would thus cross, must 
 necessarily be lower than the summit level, which divides one from the other. 
 
 In the same manner, the boundary line between the United States and Great Britain 
 would have been altogether indefinite and unintelligible, if described only as running 
 generally along the highlands, or across a mountainous country. And since it is de- 
 fined, as extending along the highlands which divide the rivers designated in the trea- 
 ty, it must necessarily, through its whole extent, leave on each hand respectively the 
 sources of the rivers thus directed to be divided: since it could not pursue any other 
 course, otherwise than by crossing one of those rivers, and be there at a place less ele- 
 vated than the dividing ridge; which for that very reason, and without regard to its 
 absolute elevation, is justly entitled to the relative appellation of "Highlands." 
 
 Besides Scotland, there is another instance of the word " Highlands " being used, 
 not as a generic term, but as the special appellation of a particular country or spot. 
 
 The chain, known in Virginia by the name of Blue Ridge, extends from the bor- 
 ders of North Carolina to those of the State of Connecticut. It assumes the various 
 names of South Mountain, Flying and Oley Hills in Pennsylvania. " In New Jer- 
 sey, it is called Miscapetcung, and in New York the Highlands." (p) The river 
 Hudson breaks through the mountains at that place: the tide flows through and far 
 above "that extraordinary and very singular passage:" and it is in reference to the 
 much lower banks of the river above and below, that the portion of the chain which 
 borders upon it has received that name. It is here, as in every other instance, used 
 as a relative term, since it is not applied to any other portion of the chain. 
 
 But the supposition, in the British Statement, that the name of "height of land," 
 given to that portion of the highlands which divides the waters of the Connecticut and 
 of the Kennebec from those of the St. Lawrence, instead of being a generic term, was 
 a distinctive and special appellation particularly applicable to that portion, is altogether 
 erroneous. 
 
 (h) Written Evidence, No. 39. 
 (n) Supplement to Fn'-icl-, aedia Bfannica — Written Evidence, No. 39. 
 (p) l'ownall, page- 9 27 and 11 — Written Evidence, No. 40. 
 
43 
 
 It is asserted that this height of land had heen described in many public documents, Highlands 
 «s dividing the rivers aforesaid, to the West of the sources of the River St. John and 
 of the Western head of the Penobscot, (q) 
 
 The only public documents prior to the year 1783, in which that "height of land" 
 had been described, are the Proclamation of 17f>3, the Quebec Act of 1774, and the 
 Commissions of the Governors of the Province of Quebec. It was there described, 
 not by that name, but by that of " Highlands: " and this term, which is used in re- 
 ference to the Southern boundary of Canada, is not applied exclusively, in those pub- 
 lic documents, to the small portion alluded to in the British Statement, but to the whole 
 of the Highlands which extend from the Connecticut River to the Bay des Chaleurs. 
 
 The only colorable authority for the allegation is that of Governor Pownall. He 
 says that the Connecticut River and the River Kennebec rise on the "Height of Land," 
 
 in North Latitude 45° 10' and 45° 20' respectively; that ''a range 
 
 crosses the Easl boundary line in New Hampshire, in latitude 
 
 42è°, and trending North-east forms the Height of Land between Kennebec and 
 Chaudière Rivers;" to which he adds, "of the nature and course of this highland I 
 am totally uninformed; " and that '■ all the heads of Kennebec, Penobscot and Passa- 
 n aquada Rivers are in the Height of Land, running East-north-east." 
 
 Whence it seems to be inferred, not only that the portion of the dividing highlands 
 in which the rivers Kennebec and Connecticut have their sources, was, prior to the 
 treaty of 1783, emphatically called " the Height of Land ;" but that an Eastern con- 
 tinuation of those Highlands, in which continuation, tributary streams of the Kenne- 
 bec, and the rivers Penobscot and Passamaquoddy (the Schoodic) had their sources, was 
 also known to Governor Pownall, and considered by him as the same height of land. 
 Governor Pownall had collected many facts, and relates them faithfully : and he 
 carefully distinguishes his knowledge, when derived from surveys or actual explora- 
 tions communicated to him, or made under his own direction, from the vague and of- 
 ten incorrect information he might have received in relation to other parts of the coun- 
 try, respecting which he previously declares himself to be uninformed. 
 
 It will be found by his own account, (r) that his knowledge extended, on the Ken- 
 nebec, no higher up than the branch now called Dead River, and on the Penobscot 
 than the River Matawamkeg, and that he was also well acquainted with the Passama- 
 quada, or Schoodiac River, which he describes with considerable correctness, from the 
 Schoodiac Lakes, to its mouth in the Bay of Passamaquoddy. 
 
 A nearly straight line drawn, on Map A, from the Schoodic lakes to the source of 
 the Bead River, will shew the northern limit of his actual knowledge in that quarter. 
 That line, through its whole extent, is from 50 to 60 miles south of the British line, 
 and of " the height of the land running east-north-east," in which are to be found all 
 the heads of Penobscot and Kennebec rivers. 
 
 Respecting the nature and course of the highland, beyond the source of the Dead 
 River, whether extending North-eastwardly to the Bay des Chaleurs and the Gulf of 
 St Lawrence, or branching off East-north-east to the source of the Passamaquoddy 
 River, he was, as he says, totally uninformed. 
 
 But he knew from all the maps then published, including that of Mitchell, that the 
 River St. John penetrated in the country Westwardly, so as to have some of its sources 
 opposite those of the Chaudière and within less than 40 miles of the River St. Law- 
 rence. And, although without any correct information respecting the nature of 
 either of the dividing grounds, and with very little concerning their course, he was 
 clearly assured, that two dividing ridges must be found ; one extending to the Bay 
 
 (q) British Statement, pace 31. 
 i» See Note B at the end of this Statement 
 
44 
 
 Highlands, des Chaleurs, which divided the Northern tributary streams of the River St. John 
 from the livers that fall into the River St. Lawrence ; and another extending to the 
 sources of the Passamaquada River, which divided the Southern tributary streams of 
 the St. John from the sources of the various branches of the Penobscot, and perhaps 
 of the Kennebec. 
 
 He describes the first dividing ridge (page 9,) as mountains, which, in the latitude 
 45 or thereabouts, (that is to say about the source of the Dead River,) " turning 
 Eastwards run away to the Gulf of St. Lawrence :" and again (page 14) in the follow- 
 ing words, viz: " Going from the same line, in latitude 45, of the greatest height of 
 this range of mountains, and following them to the East northerly: They all seem 
 to range as united until again divided by the Bay of Chaleurs, an arm of the Gulf of 
 St. Lawrence. All the rivers which have their sources amidst the Northern ridges of 
 this great range, fall into Canada or St. Lawrence River, as the St. Francis, Chaudière, 
 a"hd many others." 
 
 And he describes the other ridge (page 14,) as the " Southern ridges," amidst 
 which those rivers have their sources exclusively, which fall into the Bay of Fundy 
 or into the main ocean; and, (page 24,) as the height of the land, running East-north- 
 east, in which are to be found all the heads of Kennebec, Passamaquoddy and Penob- 
 scot rivers. 
 
 But Gov. Pownall, though having a general knowledge of the position, of both the 
 above mentioned dividing ridges had none (North-east and East-north-east of the sources 
 of Dead River,) of their nature and character, with the exception only of that place, 
 where the river Passamaquady has its source, which he says (page 20) " is formed by 
 a succession of lakes and swamps." 
 
 It is therfore impossible that he should have intended, by the term " height of 
 land" or " highland" to define the nature of the ground ; or that he should have 
 used it, as the special or local name of any particular highland or mountain. The 
 term is clearly used by him, as a generic expression, and in reference only to the 
 sources of rivers. It means with him nothing else than the ground which divides 
 rivers flowing in different directions, whatever may be the absolute elevation, or in 
 other respects, the character of such ground. And we will now give abundant 
 proof that such is, in Canadian and New England geography, not only one of the 
 significations, but the sole and exclusive meaning of the term " height of land ;" and 
 that the other expression, "highlands," though in its general sense applied also in 
 cases where there is no division of rivers, is, whenever defined by the adjunct divid- 
 ing, alwavs used as synonymous with "height of land. " 
 
 That the terms "height of land" and " highland" are used as synonymous, is 
 proved beyond doubt, in relation to that very part of the dividing highlands described 
 by the treaty, which is acknowledged by both Powers to be part of their boundary. 
 
 Thus Pownall (page 17) says, " a range running hence crosses the East boundary 
 line of New Hampshire in lat. 44j, and trending North-east forms the height of the 
 land between Kenebaeg and Chaudière rivers : of the nature and course of this high 
 land in these parts I am totally uninformed." 
 
 Mr. Bouchette, Surveyor Gen. of Lower Canada, in his Topographical Description 
 of that Province, in reference to the same highlands, which he expressly states to be 
 a chain that " commences vpon the Eastern branch of the Connecticut River, takes 
 a North-eustcrly course, <Sr. and terminates near Cape Rosier," calls them " the ridge 
 generally denominated the land's-heighl, dividing the waters that fall into the St. 
 Lawrence from those taking a direction towards the Atlantic Ocean." (s) In his 
 
 (s) Bouclictte, page 25 — He designates again that chain by the name r,f " height of land," page 281- 
 M'ritten Evidence, No. 45, pages 303, 30 ' 
 
45 
 
 large map, (No. 40,) he gives the name of *' Jieight of land" not only to the same h " 
 acknowledged highlands, but also to those in the vicinity of Lake Temiscouata ; 
 whilst, in his topographical description, (page 535,) he says that the River du Loup, 
 which has its source in that identical height of land, rises in the highlands. 
 
 The Southern boundary of the Province of Quebec, or Lower Canada, is, in even- 
 public act of Great Britain which designates it, described as being along the highlands 
 which divide, &c. The Committee of the Executive Council of the Province of Que- 
 bec, in their report of August 17S7, speaking of that boundary, call it " the height of 
 land." (t) 
 
 Finally, it is expressly acknowledged in the British Statement itself, that the distinc- 
 tive appellation o^the "height of /and," was given to the highlands acknowledged 
 by both parties, viz: those "dividing the waters that fall into the Atlantic Ocean, 
 from those which fall into the River St. Lawrence to the West of the sources of the 
 River St. John, and (of) the western head of the Penobscot." Several other in- 
 stances will be given of the two terms being used as synonymous, as we proceed to 
 shew the signification of the term " height of land. " 
 
 Governor Pownall says, (page 10,) "The Hudson's River arises from two main 
 sources derived by two branches which meet about ten miles above Albany, the 
 one called the Mohawk r s River, (rising in a flat level tract of country, at the very 
 top or height of the land to westward,) comes away East and South-cast at the foot, 
 on the North sides of the mountains, which the Indians call by a name signifying the 
 endless mountains." 
 
 In this instance, the appellation of the "height of the land" is given, not to the 
 mountains, the basis of which is washed by the river in its further course East and 
 South-east from its source, but to the very spot in which the Mohawk River takes its 
 source, and which divides it from the sources of rivers flowing into Lake Ontario; 
 and that height of the land is expressly stated to be " a flat level tract of country." 
 
 Again, (page 13,) "Between the Northern part of the Hudson's River, and the 
 Southern parts of the Lakes (n) and drowned land, is the height of the land of about 
 12 or 14 miles breadth, whence the waters run different ways, part to the South, pari. 
 to the North; over this Portage to Lake George is a wagon road. 
 
 Across this very height of land, which divides the waters of two mighty rivers, 
 the Hudson and the St. Lawrence, the Canal lias now been opened, which unites 
 Hudson's River with Lake Champlain, the outlet of which flows into the River St. 
 Lawrence; and that height of land, the summit level of the Canal, the point dépar- 
 tage, is only 147 feet above the level of tide water, as will be seen by the report of the 
 Commissioners, and by the map in illustration thereof. (<•) 
 
 It is believed, that a more conclusive proof than is afforded by the two last ([no- 
 tations, cannot be adduced, that the appellation of "height of land" is given only in 
 reference to the division of waters, and not in the least to the character and elevation 
 of the ground. 
 
 The celebrated British traveller, Sir Alexander McKenzie, the fust who, from 
 the River St. Lawrence, penetrated through the Continent of North America, both to 
 the Arctic and to the Pacific Oceans, has prefixed to the account of his voyages, a 
 general history of the fur trade from Canada to the North-west. He describes, with 
 great precision and correctness, the route pursued by their traders, from the junction 
 of the Utawas River with the St. Lawrence, near Montreal, to the waters of the great 
 
 (/) Written Evidence, No. 59, ami British Evidence, No. 32. 
 («) Viz: Lake Champlain and Lake George: The situation of the drowned lands, on the South Bay 
 of Lake Champlain, (where the Canal terminates,) may be seen in the printed maps, Nos. 51, 55 and 56 
 (c) See Written Evidence, No 44, and Topographical Evidence, No. 52. 
 
 M 
 
40 
 
 Higaiands. Arctic, or MeKenzie's River. And he designates the various dividing grounds tra ; 
 versed on that long voyage, in the following manner: (w) 
 
 Speaking of the Portage, from the source of the Petite Riviere, a tributary of the 
 Utawas River, to the waters of the French River which empties into Lake Huron, he 
 says, "the last (Portage) in this river (Petite Riviere) is the Turtle Portage, eighty- 
 three paces, on entering the lake of that name, where, indeed, the river may he said 
 to take its source. From the first vase to the great River, the country has the 
 appearance of having been overrun by fire, and consists, in general, of huge rocky 
 hills. The distance of this portage, which is the height of land between the wa- 
 ters of the St. Lawrence and the Utawas, is 1513 paces to a small Canal in a plain, 
 that is just sufficient to carry the loaded canoe about one mile to the next vase, which 
 is 725 paces." 
 
 Alexander Henry, an earlier traveller, who passed over the same dividing 
 ground in the year 1761, gives it the same appellation, {x) " We had now passed 
 the country, of which the streams fall North-eastward into the Outaonais, and entered 
 that from which they flow, in a contrary direction toward Lake Huron. On one side 
 of the height of la/id, which is the reciprocal boundary of these regions, we had left 
 Lake aux Tourtres and the River Matawa; (y) and before us, on the other, was Lake 
 Nipisingue." 
 
 McKenzie, speaking of Lake Superior, says, "This Lake may he denominated 
 the grand reservoir of the River St. Lawrence, as no considerable rivers discharge 
 
 themselves into it Indeed, the extent of country 
 
 from which any of them flow, or take their course in any direction, cannot admit of 
 it, in consequence ol the ridge of hind that separates them from the rivers that 
 empty themselves into Hudson's Bay, the Gulf of Mexico, and the waters that fall in 
 Lake Michigan." 
 
 Henry, navigating along the Northern shore of Lake Superior in the year 1775, 
 says, '• In the evening we encamped at the mouth of the Pitijic, a river as large as 
 that of Michipicoten, and which in like manner takes its rise in the high lands 
 lying between Lake Superior and Hudson's Bay. From Michipicoten to the Pijitic, 
 the coast of the lake is mountainous: the mountains are covered with pine, and the 
 valleys with spruce fir." 
 
 It will be observed, that the dividing ground which separates the rivers that fall 
 into Lake Superior, from those that empty themselves into Hudson's Bay, which 
 McKenzie calls the ridge of land, is by Henry designated by the name of high lands; 
 and that this last writer, reserving that term for the dividing ground, gives the name 
 of mountains to the coast of the lake. 
 
 McKenzie, after having described the route from the shores of Lake Superior 
 about forty miles to the North-west, says, " From hence the course is on the lake of 
 the same name, {Perche) West-south-west three miles to the height of land where 
 the waters of the Dove or Pigeon River terminate, and which is one of the sources 
 of the great St. Lawrence in this direction. Having carried the canoe and lading over 
 it G79 paces, they embark on the lake of Hauteur de Terre, which is in the shape of 
 an horse-shoe. It is entered near the curve, and left at the extremity of the Western 
 limb, through a very narrow channel, where the canoe passes half loaded for 30 paces 
 with the current, which conducts these waters till they discharge themselves through 
 the succeeding lakes and rivers, and disembogues itself, by the River Nelson, into 
 Hudson's Bay." 
 
 (w) Written Evidence, No. 41. 
 (x) Written Evidence, No. 42. 
 (y) Matawa Sipi, the Indian name of Petite Riviere. (Henry, page 27.) Written Evidence, No. 
 
Henry, speaking of the same dividing ground which he describes as a chain of "islands 
 lakes, says, " The region of the lakes is called the Hauteur de Torre, or land's 
 height." 
 
 Describing the rivers that empty themselves into Lake Winipic, McKcnzie says, 
 " those on the North side are inconsiderable, owing to the comparative vicinity of the 
 high land thai separates the waters coming this way from those discharging into Hud- 
 son's Bay." 
 
 Here McKenzie designates the dividing ground by the name of high land. 
 Sometimes he calls it a ridge; when he speaks afterwards of the two places which 
 divide the waters of the River Missinipi from those of Lake Winipic, and of 
 McKenzie's River respectively, he uses, as synonymous, the word portage, (in Eng- 
 lish, carriage;) (z) which last designation is more particularly applied to the route or 
 path across the height of land, along which the canoes are carried from water to water. 
 But he never uses the term height of land itself, except for the purpose of designating 
 the ground which does divide the rivers. 
 
 Mr. Bouchette, besides other instances, mentions "another and higher rann-e of 
 mountains that forms the land's height, and divides the waters that empty them- 
 selves into the St. Lawrence, from those that descend into Hudson's Bay." (a) 
 
 And, in another place, (page 36,) he says, "Between it (Lake Michigan) and 
 Lake Huron, there is a peninsula that, at the widest part, is 150 miles, along which, 
 and round the bottom of Michigan, runs part of the chain forming the land's height 
 to the Southward; from whence descend many large and numerous inferior streams 
 that discharge into it. On the North side of Lake Huron, many rivers of considera- 
 ble size run from the land's height down to it. One of them, called French River, 
 communicates with Lake Nipissing. " 
 
 This last land's height is the same mentioned by McKenzie and Henry, as 
 dividing the waters of the. Utawas River from those of Lake. Huron. That to the 
 Southward of Lake Michigan, is that which divides its waters from those of the 
 Illinois River, a tributary of the Mississippi; and this land's height is a swamp, and 
 at one place a pond, which, when swelled by rains, discharges its waters both ways, 
 so as that a canoe may then pass, without being carried across, from Lake Michigan 
 into the Illinois River. (b) 
 
 It had already been shewn, that the term " highlands," taken in its general and 
 indeterminate sense, was well adapted tothe purpose of designating, in the most gene- 
 ral manner, the unexplored ground dividing certain specified rivers, along which the 
 boundary line described in the treaty was intended to pass. 
 
 The only objection to which the word thus selected was liable, was not, as has 
 been suggested, that it implied a great absolute elevation, or a mountainous country, 
 but that the term might then have been omitted altogether; inasmuch an the boun- 
 dary line might have been described, merely as dividing the rivers intended to be 
 divided, without using the word "highlands." 
 
 This would indeed have been but a verbal criticism, since the condition of dividing 
 the rivers was sufficient to remove any doubt, as to the meaning of the term "high- 
 lands which divide the rivers," &c. But even that objection is now conclusively 
 refuted. 
 
 It has now been most clearly shewn that, independent of its general sense, the 
 word "highlands" is, in common, and as synonymous with "height of land,'' a 
 lerm in general use in Canada, and in New England, (c) for the purpose of desig- 
 nating, without any reference to its elevation or nature, any species of ground which 
 
 (ï) Portage De Traite and Portage La Iyithe. McKenzie, pages 93 and 104. Written F.vidence,No.41 
 («) Bouchette, page 29. Written Evidence, No. 43. 
 
 (h) See Note to Lake Michigan, in printed Map, No. 54. 
 
48 
 
 uighiands. ,jj v ;j es r i vers flowing in different directions. And it lias been incontestably proved, 
 that the designation of " height of land," respecting the use of which for that pur- 
 pose exclusively , there can be no doubt, has been and is perpetually applied to the 
 very highlands, which are by both parties acknowledged to be part of those described 
 and intended by the treaty. 
 
 The appropriate use of that term, in the treaty, is therefore in every respect in- 
 disputable. And it must also be recollected, that it was borrowed from the Procla- 
 mation of 1763, and other public acts of Great Britain; that the particular use of the 
 term in that sense is of Canadian origin; and that it was for the first time used, 
 and has been retained in subsequent public British acts, for the express and sole pur- 
 pose of defining the boundary of Canada. 
 
 We will conclude this branch of the subject, by adducing a conclusive proof, that 
 ihe term " highlands," cannot in the treaty, have been intended to imply " a generally- 
 mountainous country." 
 
 A mountainous country is actually delineated in Mitchell's Map, commencing 
 more than forty miles West of the source of Mitchell's River St. Croix, and of the 
 line drawn due North from that source. That mountainous country extends to the 
 sources of the Chaudière, consisting of several ridges or mountains, running in vari- 
 ous directions, and one of them extending about 45 miles along the line now claimed 
 on the part of Great Britain. 
 
 On the other hand, there is. not, along the due north line, nor within forty miles 
 of it, either to the east or to the west, a trace, on the map, of any ridge, or even of a 
 single hill, from the source of the St. Croix, to the point which divides the northern 
 sources of the St. John from those of the tributary streams of the St. Lawrence. 
 
 It is therefore evident, that if, by "highlands," the framers of the treaty of 1783 
 had meant "a mountainous country," they would have given to the Boundary line 
 the direction necessary, in order that it should meet what was on Mitchell's Map laid 
 down as such, and must necessarily have defined that line as running from the source 
 of the River St. Croix, or from some point on the due North line, TVestwardly, towards 
 the country thus delineated on the map as mountainous. 
 
 And since, with that map before them, they defined the Boundary line as running 
 due North from the source of the River St. Croix, to the highlands which divide the 
 rivers, &c. although there was no mountain or hill delineated in the map, along or 
 near any part of such due North line, it is equally clear that, by the "dividing high- 
 lands," where that line was to terminate and form the North-west angle of Nova Scotia, 
 they could only have meant the ground in which the rivers that empty themselves 
 into the River St. Lawrence have their sources, and which accordingly divides those 
 rivers from those that fall into the Atlantic Ocean. 
 surveys. It is manifest, from what precedes, that the United States consider the absolute 
 
 elevation and mountainous character of the ground through which the lines claimed by 
 each party do respectively pass, asquestions of fact unimportant and irrelevant. Yet 
 some of the remarks in the British Statement, connected with that subject, seem to 
 require an answer. Referring, for details and proofs, to the maps and reports of the 
 Surveyors, and to the Note C, at the end of this Statement, we will only state the sub- 
 stance of what is actually known in that respect. 
 
 The line, drawn due North from the source of Ue River St. Croix, has been 
 actually surveyed to the point A of map A; and the British Surveyor, Mr. Bouchette, 
 has also given a vertical section of the line as far North as the Ristigouche. As, ac- 
 cording to the claim of the United States, their line along the highlands was traced by 
 nature, it was unncessary to have it surveyed until the Commissioners had made a 
 decision with respect to the North-west angle of Nova Scotia; and no more than six- 
 places on that line were visited by the Surveyors. 
 
 (c) The term "dividing ridge," is that in general use in all the other parts of the United States; and 
 ■t is used in the same sense, and without regard to the elevation of the ridge. 
 
*9 
 
 These are, 1. The North-west angle of Nova Scotia, which is on a tabic land ot' Survey 
 considerable elevation; 2. The Temiscouata Portage, where the line is found along a 
 mountain 1300 feet above the level of the sea; 3. The heads of the West branch of the 
 River St. John, which has its source in a considerable mountain; -1. and 5. The two 
 Rimousky Portages which lie East of the Temiscouata Portage: in both, the sources of 
 the rivers flowing in opposite directions take their rise very near to each other, in 
 low swampy ground, forming a deep and narrow valley, hound, on each side, by ele- 
 vated ridges parallel to the course of the streams: those valleys are of course depres- 
 sions or gaps of the highlands of which those ridges are a part; 6. The River Ouelle's 
 Portage, South of the Temiscouata, of the same character with the two preceding, with 
 this difference, that the adjacent ridges are much lower. 
 
 Since it is asserted by Great Britain, that the "highlands" must be elevated and 
 mountainous, it might have been supposed that her Agents would have surveyed and 
 taken a vertical section of the entire line claimed on her part, from Mars' Hill to the 
 North-westernmost source of the Penobscot, where the conflicting lines meet. No 
 portion of it, however, has been surveyed : three places only along it have 
 been visited by the Surveyors: and, notwithstanding the parade of a large folio 
 volume of surveys, there is amongst them, West of the due North line, but one British 
 survey which relates to their line, and that in reference to a single point of it, (</) unless 
 the name of survey be given to what is called Mr. Campbell's Sketch. 
 
 The three points visited are, 1. Mars' Hill, an insulated mount 1500 feet above 
 the level of the sea, unconnected with any other ridge or hill; 2. and 3. The Portage 
 visited by Mr. Loss, situated only five miles East of the point where the conflicting 
 lines meet ; and the Umbazucksus or Aliguash Portage, which is about eighty miles 
 West of Mars' Hill. Both these are of the same character with the River Ouelle's 
 Portage on the American line, there being ha*dly any sensible elevation between the 
 sources of the rivers flowing in opposite directions. From this last Portage to Mars' 
 Hill, no part of the British line has been surveyed, travelled over, or approached any 
 where, except at its two extremities, nearer than twenty miles. 
 
 Not one of the mountains, delineated along the British line, in the British Trans- 
 cript of the map A, has been visited by any of the Surveyors. The only knowledge 
 of the mountainous character ascribed to that part of the country, is derived from 
 views taken, from different distant points, by the British Surveyors, Mr. Odell and 
 Mr. Campbell. 
 
 The substitution of those views to actual surveys having been objected to, a pro- 
 position to have new surveys executed, was made by the British Commissioner, when 
 the Board, which had sat for near five years, was on the eve of terminating its labors. 
 This proposal, made after years of explorations in search of highlands by the British 
 Surveyors, at the joint expense of the two Governments, and without having surveyed 
 any part of the line claimed on the part of Great Britain, was of course rejected. 
 
 It was, at a still later date, proposed by the British Agent, that the British Sur- 
 veyors should be examined upon oath. This proposal was with equal propriety 
 rejected, since neither were their surreys objected to, nor their veracity impeached ; 
 and distant and delusive views could not, by the aid of an oath, or through any other 
 process, be converted into an actual survey of the ground. 
 
 The objection was, that a distant view, substituted to a survey, was no evidence 
 of the existence, or position of a ridge or mountain; that it was physically impossible, 
 for any person, without any instrument or observation, and in a country entirely 
 covered with a dense forest, to ascertain whether the elevations of which he might 
 
 (d) Mr. Loss's Survey of the Portage between one of the Western sources of the South bra 
 .he St. John and one of the North-west source 1 ? of the Penobscot — Surveys, Nos. 20 and tp. 
 
50 
 
 have a faint and distant view, extended in a direction parallel to that of the water 
 courses, or separated these from each other at their sources; and that the total omis- 
 sion, in Mr. Odell's Sketch, of the water courses, which it was indeed impossible for 
 him to have seen, gave to that part of the country the fallacious appearance of a conti- 
 nuous and huge mountain. 
 
 From the simple fact that this proposal was made, it is inferred, in the British 
 Statement, that the statements and delineations of the British Surveyors are substan- 
 tially correct. 
 
 The "survey and report of the American Surveyor, Johnson," is set aside, in 
 another part of the Statement, as to a part of the American line, " as altogether ideal 
 and unfounded in fact." It is declared to be so, because it was founded on views taken 
 from Green Mountain, about forty to fifty miles distant from that part of the Kne.(e) 
 Those views are admitted to be no evidence. But, as the qualifications snd integrity 
 of the American may be presumed to be equal to those of the British Surveyors, it is 
 dear that, had sufficient attention been paid to the nature of the pretended surveys 
 referred to, it would, by parity of reasoning, have also been declared in the British 
 Statement, that "the surveys and reports of the British Surveyors, Mr. Odell and 
 Mr. Campbell, must be set aside, being, with respect to the country along the British 
 line, altogether ideal and unfounded in fact." 
 
 The mountainous character of the Eastern part of the British line is proved no 
 otherwise than by those views and delineations. With respect to the next thirtj- 
 miles, an appeal is also made to a brief and general account of that part of the country, 
 then altogether unexplored, in Mr. Greenleaf's "Statistical View of the State of 
 Maine," published in 1S16. The Western part of the line seems to have been given 
 up in the Statement, although some mountains, never visited by any Surveyor, have 
 found place in that quarter, on the British Transcript of Map A, along the dividing 
 line itself. 
 
 But it is important to observe, that the dividing highlands, acknowledged as such 
 by both parties, do not appear to have, every where, that mountainous character which 
 is required according to the British definition. 
 
 The Metjarmette Portage,(/) which is common to the two conflicting lines, is of 
 of a similar character with those of the River Ouelle and of the Aliguash. The 
 sources of the Metjarmette, of the Penohscot, and of the St. John, rise close to each 
 other in the same swamp. The acknowledged highlands, for an extent of ten miles 
 in a Southerly direction from that Portage, are designated in Mr. Campbell's Sketch 
 as "low land." And the British Surveyor, Mr. Carlile, speaking of the height of 
 land between the River Connecticut and the sources of the St. Francis, which is a tri- 
 butary cf the River St. Lawrence, says, that its sources are found in the same swampy 
 ground, and a few rods from those of Indian and Hall's Streams, which empty them- 
 selves into the River Connecticut. 
 
 7 l 7 " 
 
 OBJECTIONS DERIVED FROM A PRESUMED CONSTANT ASSERTION OF THE ISRITISD 
 
 CLAIM SINCE 1T83. 
 
 MiemptabyCana- Several documents have been adduced, with a view to prove that, from the year 
 
 17S3 to this time, the Governments of New Brunswick and of Canada have both 
 exercised jurisdiction over the contested territory. The total irrelevancy of those 
 
 (c) British Evidence, No. 11, page 155. 
 
 (/) The point L, on the American Transcript of Map A. The Metjarmette is a tributary stream 
 of the Chaudière, which falls into 'he River St. Lawrence. 
 
51 
 
 vhieh relate, either to the Fief of Madawaska, or lo a notice concerning certain In- £ffi$g\%£*' 
 lian hunting grounds, has already been shewn. Without dwelling at present on the 
 >alpable inconsistency of that simultaneous claim by both Provinces, we will briefly 
 xamine the acts alluded to. 
 
 In the year 1784, a native Indian was tried and convicted by a Court of the Pro- 
 -ince of Quebec, and accordingly executed for a murder, committed, as it is suggested, 
 in the waters of the River St. John. In the indictment the place is stated in a vogue 
 nd loose manner, viz : " near the village of Madawaska," the situation of which is 
 lot known, and without, mentioning the Parish, or any other precise designation. Ac- 
 :ording to the Quebec Gazette, the crime was committed behiv Kumouraska. This 
 ilace being on the bank of the River St. Lawrence, that expression, in its usual ae- 
 :eptation, means "lower down on the river," and therefore within the acknowledged 
 joundaries of the Province. 
 
 In the years 1789-91, a suit was instituted and judgment obtained, before the 
 L'ourt of Common Pleas of Quebec, by some inhabitants of Canada, against persons 
 •esiding on the River Madawaska. The defendants having objected to the jurisdiction 
 )f the Court, alleging that they were resident of the Province of New Brunswick, 
 he Court ordered both parties to bring proof, whether Madawaska and the Great Falb 
 ivere in the Province of Quebec. The advocate of the plaintiffs declared that he had 
 no other proof to produce, but their licenses and a preceding order of the Court in 
 relation to the pleadings. This was an acknowledgment that he was unable to pro 
 Juce any proof, since, according to the Proclamation of 1763, the Governors were 
 authorized to grant trading licenses, in reference to the residence of the traders, and 
 not to the place of trade. The Court repelled the objection, solely on the ground of 
 the defendants not having filed their exception and adduced their proofs in proper 
 time and form. A Sheriff's notice was published in the Quebec Gazette, for the sale 
 of lands at Madawaska belonging to the defendants: but it does not appear that the 
 sale ever took place. Another judgment of the year 1792, by a Court in Quebec, of 
 whicli no opinion can be formed, as it is not produced, is alluded to in a petition com- 
 plaining that its execution was impeded by the Government of New Brunswick. 
 
 An extract from a list of the Parishes in the Province of Quebec, taken from the 
 minutes of the Executive Council for 1791, includes that of Madawaska: the date is 
 uncertain; and the act erecting the Parish is not produced. An order of the Council 
 of the year 1785, for opening a road, from Kamarouska on the River St. Lawrence ,to 
 Lake Temiscouata at the foot of the dividing highlands, has also been adduced in 
 evidence. 
 
 There must have been a great want of proofs, when such inconclusive documents 
 ire resorted to, in order to establish the facts of actual jurisdiction and possession. 
 But it will be admitted that, taken together, they afford sufficient proof of the desire 
 and perhaps a hope at that time, that the jurisdiction of the Province might be extend 
 ed over the upper branches of the River St. John. 
 
 The following transactions throw a clearer light on the views, both of that. Govern- 
 ment at that time and of that of New Brunswick; and, whilst shewing their disregard, 
 exhibit, throughout, involuntary acknowledgments of the right of the United States of 
 that section of country. 
 
 In the year 1787, Mr. Holland was ordered, by the Governor of the Province of 
 Quebec, to proceed to the Great Falls on the River St. John, in order to meet the Sur- 
 veyor General of New Brunswick, and to assist in marking out the boundary, where 
 it crossed the road of communication between the two Provinces. 
 
 In the interview- winch took place between them, each party was able to prove, 
 that the territory in question was not within the limits of the other Province. Tin 
 Surveyor of New Brunswick declared, that he would proceed to < : thc height of land 
 
L>^ 
 
 AuemptsbvCaiM on ih e carrying place, situate between the River St. Lawrence and Lake Temîskou- 
 
 , lt;1 to examine which way the waters incline on the 
 
 heights there, that by their course he might be enabled to ascertain the boundary be- 
 tween the Provinces of Quebec and New Brunswick, as all the streams running into 
 the rivers which empty themselves into the River St. John, are in the Province of 
 New Brunswick, and those which fall into the St. Lawrence, are in the Province of 
 Quebec." And he produced his instructions from the Governor of New Brunswick, 
 directing him to be governed by the Act of Parliament, called the Quebec Act. 
 
 On the other hand, although it could not be known with any certainty, at that 
 time, where the due North line from the source of the River St. Croix would strike 
 the highlands, it was highly improbable that the point of intersection would be found 
 as far West as the Temiskouata Portage. Mr. Holland, after urging some other con- 
 siderations, accordingly represented, "more specially, that the fixing that limit 
 ivould materially affect the Boundary between us and the United Stales of Amer- 
 ica; and that a large territory ivould thereby be saved, or lost to His Majesty's 
 
 dominions." 
 
 A safe and convenient communication between the two Provinces was at all 
 events to be preserved: and how to alter for that purpose the boundary of the United 
 States, as defined by the treaty of 17S3, was the difficulty. Mr. Holland appears to 
 be entitled to the credit of having been the first to propose the substitution of a " coun- 
 try extremely mountainous," to the dividing highlands designated by that treaty. He 
 observed that it was generally understood in Canada, " that the line between the 
 Provinces of Quebec and New Brunswick, should run from the head of Chaleur Bay, 
 along the highlands, in a Westerly direction to the Great Falls on the St. John's River, 
 and from thence West, to the Westernmost, or main branch of the Connecticut 
 River." 
 
 Mr. Holland had not at that time, any knowledge of the country: but he did not 
 fail to find it agreeing precisely with his hypothesis. Not being able to agree with 
 the Surveyor of New Brunswick, he proceeded, he says, with his party " to the Great 
 Falls, where we found the country extremely mountainous; and, from information 
 "•athered from different persons, who have been from the St. John's River back in the 
 country, and my own observations, have no doubt but that these mountains are the 
 • range which extend from the Bay of Chaleur to that River." 
 
 This substitution, (called a definition) of a generally or extremely "mountainous 
 country," without regard to the division of certain specified rivers, to the "highlands 
 which divide the rivers," &c. has the singular advantage of rendering them moveable 
 at will. And it cannot be doubted that, had the British Agent under the late com- 
 mission been from Canada, instead of New Brunswick; (lie mountainous country, 
 extending Weslwardly from the Great Falls, would have been pertinaciously contend- 
 ed for in behalf of Great Britain, instead of insisting, as according to the new hy- 
 pothesis is now done, that the height of land, contemplated by the framcrs of the 
 treaty, commences at Mars' Hill. 
 
 A committee of the Executive Council of the Province of Quebec, appointed the 
 same year, (1787) to consider thatsubject, appears not to have sustained to its full ex- 
 tent Mr. Holland's report, and to have been of opinion that, in order to extend the 
 jurisdiction of Canada over the River St. John, an alteration of its existing Southern 
 boundary was absolutely necessary. 
 
 They say, " If the Province of New Brunswick may of right claim the sources 
 of rivers that take their rise on the height of land which divides the rivers that emp- 
 ty themselves into the St. Lawrence, from those which fall into the .Itlantic Ocean, 
 the ancient limits of this Government will be curtailed towards New Brunswick, and 
 Seigneuries under Canadian grants, as fir back as the years 1(503 and 1683, be token 
 into that Province." &c. 
 
53 
 
 The committee then propose "that t lie Province of Quebec be separated from ^™&\ï!p. a 
 
 * * * auu, 1763, 1 .94. 
 
 that of New Brunswick, by a line running along the highlands, which extend from 
 the head of Chaleurs Bay to the foot of the great fall of St. John's River, and from 
 thence, crossing the river, (so as to include the whole of the portage or carrying place) 
 and continuing in a straight, line towards the sources of the River Chaudière, which 
 rise on the highlands, which commence at the said head of the Bay of Chaleurs, and 
 extend all the way to the North-westernmost head of Connecticut River." 
 
 This paper is considered, in the British Statement, as " highly valuable and im- 
 portant, especially as proving that whatever disputes may have existed between the 
 respective British Provinces, as to their several limits, not the smallest doubt seems 
 to have been ever entertained by them as to the right of Great Britain to the whole 
 territory thus contested between the Provinces.'' 
 
 And it is afterwards observed, that "the claims of this Province, (New Bruns- 
 wick) and Canada, with respect to this and other parts of the territory in this quarter. 
 are conflicting inter se, and shew the uncertainty of their respective Boundaries, which 
 in fact, have never been settled, and may require the interference of the mother 
 country to adjust: but these conflicting intercolonial claims, which have arisen since 
 the Treaty of 1783, are altogether irrelevant to the present controversy between 
 Great Britain and the United States, as a foreign power, and under that Treaty. - ' 
 
 It is perfectly true, that the United States have nothing to do, and no interest 
 whatever in that part of the Boundary, between New Brunswick and Canada, which 
 was then and still remains unascertained. That portion, which has "not been settled, 
 and may require the interference of the mother country to adjust," is only that which 
 must unite the Western extremity of the Bay des Chaleurs to the dividing highlands, 
 and which lies East of the contested territory. 
 
 But the Western boundary of New Brunswick is undisputed, and has, ever since 
 the year 17G3, (either as part of Nova Scotia or as New Brunswick) been, according 
 to the Commissions of the Governors, a due North line from the source of the River 
 St. Croix. Wherever that line may terminate, the territory West of it is indisputably 
 without the boundaries of New Brunswick, and, according to the treaty of 1783, with- 
 in those of the United States. 
 
 The Southern boundary of the Province ot Quebec or Lower Canada is described, 
 in the Commissions of the Governors, in the same words by by which the Northern 
 boundary of the United States is designated in the treaty of 17S3, and again in the 
 same words (with only the substitution of "height of land" to "highlands") in the 
 report of the committee of the Provincial Council; viz: " the highlands which divide 
 the rivers that empty themselves into the St. Lawrence from those which fall into the 
 Atlantic Ocean." The territory South of that boundary is indisputably without the 
 limits of Canada, viz: in New Brunswick, if East of the due North line from the 
 source of the River St. Croix; in the United States, if West of that line. 
 
 We will now see, how far the Documents, relating to the conflict which took 
 place at that time, sustain " the right of Great Britain to the whole territory thus con- 
 tested between the Provinces." 
 
 Mr. Holland had, with his instructions, received from the Governor of Canada, 
 (Lord Dorchester) copies both of the boundaries of the two Provinces, as prescribed 
 by the Commissions of their Governors, and of the article of the treaty of 1783, relat- 
 ing to boundaries. And his declaration proves, that he was perfectly aware that, if 
 the Southern boundary of Canada was along the highlands which divide the waters of 
 the River St. John from those of thc'River St. Lawrence, the territory lying on the 
 River St. John, West of the due North line, was part of the United States, and not 
 of New Brunswick. 
 
 n 
 
54 
 
 AUMiiiMsiiyCan i'j le Lieut. Governorof New Brunswick (Thomas Carleion) iiad made no mention 
 
 , j-, J7»*3 1794, 
 
 in his instruction to the Surveyor General of that Province of its Western boundary, 
 which, by his own commission, was prescribed to be "aline drawn due North from 
 the source of the River St. Croix to the Southern boundary of the Province of Que- 
 bec." And without adverting, either to this, or to the boundary of the United States 
 as fixed by the treaty, he only directed him to " be governed by the Act of Parliamenl 
 for establishing the Province cf Quebec, which determines that boundary to be the 
 highlands ivhich divide those waters that empty themselves into the River St. 
 Lawrence, from those which fall into the Atlantic Ocean." (g) 
 
 The Surveyor General declared, that he was bound to observe those instructions, 
 and, having accordingly only to determine the position of those highlands, gave it as 
 lus unalterable opinion, that the boundary ought to be fixed at the height of land on the 
 carrying place, situate between the River St. Lawrence and Lake Temiscouata. The 
 height of land between the River St. Lawrence and Lake Temiscouata, or, in other 
 words, the portage of that name, was therefore, in the opinion of that officer, the boun- 
 dary of the United States; since, by the treaty of 17£3, that boundary is declared to 
 be along vt the highlands which divide those rivers that empty themselves into the 
 River St. Lawrence, from those which fall into the Atlantic Ocean.''' 
 
 It is equally clear, that the committee of the Executive Council of the Province of 
 Quebec was quite sensible that the Southern boundary of that Province, as defined 
 in the Commissions of its Governors, would curtail the ancient limits of Canada, as it 
 existed under the French Government. What they propose is a substitution of Mr. 
 Holland's hypothetical highlands to those that had been designated by the Proclama- 
 tion of 1763, by the Quebec Act of 1774, by the treaty of 1783, and by all the commis- 
 sions of the Governors of the Province, as its Southern boundary. They ask accord- 
 ingly that the Province of Quebec be separated (hereafter) from the Province of New 
 Brunswick by Mr. Holland's presumed highlands. 
 
 The admission that the change could not be effected, without an alteration of the 
 boundaries prescribed by the Acts of the British Government, is tantamount to an 
 acknowledgment that an alteration of the terms of the treaty was necessary for that 
 purpose; since the same descriptive words are used in those Acts (gg) and in the treaty. 
 
 It was quite immaterial, as to the effect on the limits of Canada, by whom the ad- 
 verse claim might be set up: and the committee declares, that the ancient seigneuries, 
 including the Fief of Madawaska, and the Acadian or Madawaska Settlement, or, in 
 other words, that the waters of the River St. John would be thrown out of the Pro- 
 vince of Quebec, if the height of land which divides the rivers that empty themselves 
 into the St. Lawrence from those which fall into the At/antic Ocean, could of 
 right be claimed (whether by the United States or New Brunswick) as a boundary 
 towards Canada. As it is not and cannot be denied, that the boundary thus described 
 is that which, in the same words, is declared by the treaty to be the boundary of the 
 United States, this declaration of the committee again explicitly admits, that the 
 waters of the River St. John are included within the boundaries of the United States. 
 
 The conflict between the two Provinces on that occasion, and the confused 
 arguments alleged on both sides, arose solely from their mutual wish, to appropriate 
 to themselves what belonged to another party, and from the impossibility of reconcil- 
 ing the pretensions of either with, not only the treaty of 1783, but all the public acts 
 of Great Britain relating to those boundaries. 
 
 Those documents, together with some others, were taken into consideration by 
 the Executive Council, on the 4th August, 1792. And it was thereupon " Ordered 
 
 (g) " Sea" in the Quebec Act and not " Atlantic Ocean." But Governor Carleton understood tlie 
 two expressions to be, as they are in relation to this boundary, synonymous. 
 (??) Viz : Tne Commissions of the Governors of the Province of Quebec. 
 
55 
 
 that these papers be entered upon the minutes, and it is numbly suggested by the arin . ,7.^ 179.1 
 board, that it may be expedient to transmit copies to the Lieut. Governor of the Pro- 
 vince of New Brunswick for his co-operating in representations to call tin' attention 
 of his Majesty's Ministers to the adjustment of the limits necessary for preserving (lie 
 public tranquillity on the borders of both Provinces." 
 
 It is not known to the American Government, whether any decision was had on 
 that subject by that of Great Britain, or whether the abandonment of that pretension, 
 on the part of the Province of Canada, was the natural consequence of the favorable 
 change which, in the year 1794, took place in the relations between the two countries. 
 But the fact is certain, that not a single subsequent act of jurisdiction over the contest- 
 ed territory, by Canada, has been adduced in evidence, (as certainly would have been 
 done had any such existed,) or is known to have taken place. 
 
 It is on the contrary in proof, (/;) that no grants of land have been made by the 
 British Government of Canada, on the waters of the River St. John, or beyond the 
 dividing highlands claimed as their boundary by the United States. And it is also 
 proved, by the concurrent testimony of the inhabitants on the Madawaska River, that 
 the Mount St. Francis, which divides the waters at the Temiscouata Portage, has, for 
 more than thirty years, been considered as the boundary of Canada, and the place be- 
 yond which no process issuing from that Province can be served; and that a post, which 
 was standing till very lately, had been placed there for the purpose of designating that 
 boundary, (i) 
 
 We will observe that Great Britain, on the plea of certain infractions of the treaty 
 of 1783, alleged by her to have been committed on the part of the United States, had 
 suspended, on her part, the execution of those conditions of the treaty, respecting 
 boundaries, which had not been carried into effect immediately after its conclusion. (/■■) 
 It was only by virtue and in consequence of the treaty of 1794, that she surrendered. 
 and abandoned her jurisdiction over several posts and countries, within the boundaries 
 of the United States, of which she had remained in possession ever since the year 
 1783. (/) 
 
 It is therefore probable, that during the state of suspension and doubt, that exist- 
 ed with respect to the boundaries between the years 1783 and 179 1, the Governor of 
 Canada, who had certainly orders not to surrender the Western posts and territory, en- 
 tertained the hope that the conditions of the treaty would never be fulfilled, and 
 thinking it a favorable opportunity, made the attempt of extending his jurisdiction r.nd 
 actual possession in another quarter. It is certain that from that time to this day, 
 the altcmpt has not been renewed by the Government of that Province. 
 
 The arants of land to the Madawaska settlers, and the jurisdiction exercised over Madawaska 
 
 S 7 J Settlement. 
 
 them, by the Government of New Brunswick, are no evidence of there having been 
 an intention prior to the treaty of Ghent, on the part of that Government, to extend its 
 jurisdiction over the contested territory. 
 
 The remote situation of an Acadian village, which, as laid down in Mitchell's Map. 
 was at first on an Eastern branch of the River St. John, near the Lake Frencuse or 
 Grand Lake, preserved its inhabitants from being transported and dispersed with the 
 rest of the original, or French, inhabitants of Acadia. They appear subsequently, to 
 have had their village on the river, ten miles above the present site of Fredericton: 
 and thev removed thence, upwards, towards the mouth of the River Madawaska, 
 when the British, after the treaty of 1783, extended their settlements up the River 
 
 (*) Sec list of British (.rants in Uoucliette's Appendix. Written Evidence, No. 43. 
 (1) Written Evidence, No. 49. 
 (h) Secret Journals of Congres», IV vol. p. 186 and following. 
 (.') Treaty of 1794 — Written Evidence, No. 1. 
 
Wadiiwaska 
 Settlement. 
 
 56 
 
 St. John. They had always resided within the acknowledged boundaries of the Bri- 
 tish Province of Nova Scotia, now New Brunswick; and had never before submitted to 
 the British Government. 
 
 The question respecting the true River St. Croix, was then undecided. It was 
 impossible to know where the due North line from the source of that river would in- 
 tersect the highlands. Under the belief that the Western branch of the Schoodic would 
 be declared to be the true St. Croix, and if placing reliance on Mitchell's longitudes, 
 the due North line would be supposed to pass West of the Madawaska Settlement. 
 
 An apology may be found in that circumstance, for the issuing of those grants, and 
 even for the jurisdiction exercised by New Brunswick, so long as the due North line 
 was not ascertained. It is only since the actual survey of that line, in the years 1817, 
 ISIS, that the continued exercise of that jurisdiction must be considered, and has been 
 complained of, as an unjustifiable usurpation. 
 
 It is proper further to observe, that the Government of New Brunswick has, at no 
 lime, granted any lands in the contested territory, except to those Acadians, nor to any 
 persons whomsoever, from the year 1794 till the year IS25. 
 British Claim not The understanding which prevailed on that subject, between the years 1794 and 
 
 asserted, — 1794, , 
 
 ism, 1814, comes next in order. 
 
 With respect to Canada, it has already been shewn by an authentic document, that 
 the Government of that Province has made no grant of land on the waters of the River 
 St. John. What was understood to be the Southern boundary of the Province will 
 still more clearly appear, from the description given by the Surveyor General, Mr. 
 Bouchette. No higher authority can be adduced, in regard to that understanding, 
 since it was a subject immediately connected with his official duties. He is not appeal- 
 ed to, to prove either where, according to the treaty, was the boundary of the United 
 States, or the mountainous character of the height of land or ridges to which he al- 
 ludes. 
 
 He mentions a " ridge, generally denominated the Land's Height, dividing the 
 waters that fall into the St. Lawrence from those taking a direction towards the At- 
 lantic Ocean • 
 
 This chain commences upon the Eastern branch of the Connec- 
 ticut River, takes a North-easterly course, and terminates near Cape Rosier, in the 
 Gulf of St. Lawrence." (m) 
 
 He again states, (page 2S1,) that " from the Connecticut River the Height of 
 
 Land runs to the North-east, and divides the 
 
 waters that fall into the Saint Lawrence from those flowing into the Atlantic; and 
 which height, after running some distance upon that course, sends off « branch to the 
 Eastward, that separates the heads of the streams falling into Lake Temiscouata and 
 River St. John, and by that channel into the Bay of Fundy, from those that descend in 
 a more direct course to the Atlantic. The main ridge, continuing its North-easterly 
 direction, is intersected by an imaginary line, prolonged in a course astronomically due 
 North, from the head of the River St. Croix; and which ridge is supposed to be the 
 boundary between Lower Canada and the United States; at least, such appears to be 
 the way in which the treaty of 1783 is construed by the American Government." 
 
 Mr. Bouchette expressly distinguishes two ridges, the main, or North-easterly, 
 claimed by the United States as their boundary, and the Eastward branch, which se- 
 parates the tributary streams of the River St. John from those which he describes as 
 falling more directly into the Atlantic. This last ridge, he immediately after ar- 
 gues to be the true boundary of the United States, and is that which is claimed as 
 such by Great Britain. 
 
 (m) Bouchette, page 25- Written Evidence, No. 4."?. 
 
o / 
 
 The only question concerning which the Surveyor General of Canada is appealed tu no , B "^]J,,S'i™ 
 as competent authority, is, which of those two ridges had been considered in Canada 
 as the actual Southern boundary of the Province, such as it was established by the 
 Quebec Act, of 1774, and designated in the Commissions of the Governors. This is 
 stated also in the clearest manner by the Surveyor General. 
 
 •• The Province of Lower Canada is divided into the districts of Montreal, Three 
 Rivers, Qu sbec, and Gaspé." 
 
 " The district of Three Rivers lies between those of Montreal and Quebec, is 
 bounded on the South by part of the line of 45 degrees of North latitude, and the 
 ridge of mountains stretching to the North-east. 
 
 " The district of Quebec extends on the South side 
 
 (of th~ River St. Lawrence) 
 
 as far down as Cape Chat, where it is met by the district 
 
 of Gaspé; to the Southward it is bounded by the ridge of mountains already desig- 
 nated as the North-easterly chain." (n) 
 
 Cape Chat, the Eastern boundary of the district of Quebec, lies East of the meri- 
 dian passing by the source of the St. Croix. From the sources of the Connecticut River 
 to the North-west angle of Nova Scotia, the United States are bounded on the North 
 bv the Canadian districts of Three Rivers and Quebec. And the North-easterly chain, 
 or ridge of highlands, claimed by the United States as their boundary, is that which is 
 declared by the Surveyor General of Canada to be the Southern boundary of those two 
 districts. If any doubt should remain, as to what he intended by the North-easterly 
 ridge, reference may be had to his large map of Lower Canada, (o) where the North- 
 easterly ridge or height of land is, under that designation, laid down as dividing the 
 River Verte and River Trois Pistoles, both emptyiug themselves into the River St. 
 Lawrence, from the River St. Francis, the waters of Lake Temiscouta and other tribu- 
 tary streams of the River St. John. 
 
 That the same general understanding prevailed in New Brunswick, may be proved 
 by the argument delivered, in the year 179S, by his Britannic Majesty's Ag?nt, a dis- 
 tinguished inhabitant and public officer of that Province, before the Commissioners 
 appointed under the 5th article of the treaty of 1794. 
 
 Three points were at that time contended for, as being the true source of that 
 river. 1st. The source of its Western branch, which was the most Western point that 
 could be selected, being the point W on the American Transcript of the map A. 
 2. The outlet of the Scoodiac Lakes on the same branch, being the most Eastern point. 
 and marked Q on said transcript. 3. The source of the Northern branch or Cheput 
 natceook, marked on said transcript, which was finally adopted, and which lies 
 East of the source of the Western branch, but West of the outlet of the lakes. 
 
 Whilst the first and third points were the subjects of discussion, the British Agent 
 strongly contended for the first, or most Western. And, in the course of his argu- 
 ment, after having urged the propriety of leaving to each party the sources of the 
 rivers whose mouths are within their territories, respectively, he expresses himself in 
 the following words, viz: 
 
 " A line due North from a source of the Western or main branch of the Scoudiac, 
 or St. Croix, will fully secure that effect to the United States, in every instance, and 
 also to Great Britain, in all instances, except in that of the River Si John, wherein 
 
 it becomes impossible So that this North line must, 
 
 of necessity, cross the River St. John; but it will cross it in a part of it (p) almost at 
 
 (n) Bouchette, pages 86, 285, 374 and 375. Written Evidence, No. 43. 
 (n) Engraved Maps, No. 40. 
 ! //) Line WX on American Transcript of Map A. 
 V 
 
5S 
 Biiiisi, claim j- ne f 00 j f t( le highlands, and where it ceases to be navigable. But if a North line is 
 
 nnt asserted, 1.U4 o o 
 
 ~ mi - traced from the source of the Cheputnatekook, (q) it will not only cross the River St. 
 
 John within about fifty miles from Frederieton, the Metropolis of New Brunswick, 
 but will cut off the sources of the rivers which fall into the Bay of Chaleurs," &e. 
 
 " In most, if not all, the maps of the interior country, 
 
 published before the year 17S3, a line drawn North from 
 
 that termination (of the River St. Croix) upon those maps, will not intersect any of the 
 rivers which empty themselves into the sea, to the Eastward of the mouth of the River 
 St. Croix, except the River St. John." (r) 
 
 The same officer, as his Britannic Majesty's Agent under the late Commission, 
 sustained, with great zeal, the new pretension of Great Britain: and his reasons, why 
 his former opinion should not be deemed conclusive and binding, will be found in the 
 Appendix, (s) 
 
 He is quoted as very competent authority of what was the prevailing understand- 
 ing in New Brunswick, in the year 179S, and to shew that, at that time, with the 
 treaty and printed maps before him, and with a general knowledge of the country, he 
 construed that instrument, as every other person then did, according to its obvious and 
 natural sense. 
 
 It was afterwards ascertained, that the Commissioners intended to declare, as the 
 true source of the Schoodiac, the outlet of the lakes, (the point Q,) which is still fur- 
 ther East than the source of the Cheputnatekook, (the point 0.) But the American 
 Agent proposed, in order to secure a small tract of valuable land between the two 
 branches, to agree that the last mentioned source should be fixed as the true source of 
 the river. As, for the reasons already alleged, the British Agent preferred at all 
 events the most western point that could be obtained, he acquiesced in this proposal, 
 provided it should be approved by Sir Robert Liston, then his Britannic Majesty's 
 Minister to the United States. And this eminent person agreed to it for the very 
 same reason. In his letter of 23d October, 1798} to the Agent, he says: (/) 
 
 " It appeal's to me evident that the adoption of the River Cheputnatecook, as a part 
 of the boundary between His Majesty's American dominions and those of the United 
 States, in preference to a line drawn from the Easternmost point of the Schoodiac 
 Lakes, would be attended with consideiablc advantage. It would give an addition of 
 territory to the Province of New Brunswick, together with a greater extent of navi- 
 gation on the St. John's River," &c. (u) 
 
 Had it not been understood that the due North line must necessarily have crossed 
 the River St. John, the whole of that river, and of its navigation, would have belonged 
 'o Great Britain, whatever was the point from which that North line should be drawn. 
 It was only with the understanding that that line must, at all events, cross that river, that 
 the extent of navigation secured to New Brunswick could be greater or less, as the North 
 line crossed the river more or less Westwardly. Mr. Liston, therefore, construing 
 the treaty as every other person did at the time, knew that the highlands, designated 
 by that instrument, must be North of the River St. John's, and that the North line, 
 in order to meet them, must cross the river. 
 Vmorican Claim ^ nL " asscr tion, in the British Statement, that the right to the possession of the con- 
 tested territory was first called in question by the United States, and that only con- 
 
 (7) Viz: Qlt on American Transcript of map A. 
 ,/■) Wiitten Evidence, No. 35, pages 272 and 27o. 
 V ) Written Evidence, No. 55. 
 (t) Written Evidence, No. 61. 
 
 (u) Viz: the extent along said River, contained between the points where it is intersected by the 
 lines O V and QR respectively. 
 
59 
 
 sLructively, at the period of the negotiations at Ghent, in 1814, does not présenta cor- a ^è"™' m n '"" 
 rect and complete view of what relates to that particular poi 11 1 . 
 
 The right of Great Britain to the territory, had never been called in question, by 
 the United States before the negotiations at Ghent, in 1814, because it was then, for 
 the first time, made known to them that Great Britain intended to set up such a 
 claim. And her right to the possssion of the Madawaska Settlement was not called 
 in question, or even alluded to at Ghent, because it had not been ascertained at that 
 time, whether that settlement lay East or West of the line drawn due North from the 
 source of the St. Croix. 
 
 That line was not surveyed till the years 1S17-1818: and this is also the reason 
 why the inhabitants of Madawaska were included in the American Census of the 
 year 1820, and not in that of the year 1810. 
 
 The remoteness of the territory on the waters of the River St. John, from the 
 American settlements, which did not extend farup'he Penobscot, had rendered other 
 acts of jurisdiction, on the part of the United States, unnecessary, prior to the war, 
 which was terminated by the Treaty of Ghent. And their subsequent forbearance, 
 since that question has become a subject of discussion, notwithstanding the continued 
 usurpation of New Brunswick over the contested territory, is very improperly con- 
 verted into an assertion of exclusive and undisturbed possession, by Great Britain. 
 
 On the question of right, it was not even suspected, that there did, or could, exist 
 any doubt. The boundary is laid down in all the maps of the District, now State 
 of Maine, along the true highlands designated by the Treaty. (v) There was no he- 
 sitation or doubt on the subject, on the part of Massachusetts. She granted lands, 
 as a matter of course, in that as well as in every other part of her territory. 
 
 As early as the year 1792, a contract was entered into, between that State and cer- 
 tain individuals, for the sale of a tract of land containing more than two millions of 
 acres, and extending to the very highlands in question. Although the conditions of 
 the agreement were not fulfilled by the purchasers, and it was not ultimately carried 
 into effect, this tract, or another substituted for it, appears to have been surveyed, and 
 is accordingly laid down in the maps of the District of Maine, (w) Actual grants of 
 land were afterwards made by the State, and as late as the year 1813, to various 
 academies, towns, and individuals. (.?•) 
 
 The obscure acts by which Canada had, during the years 1784-1794, attempted to 
 extend her jurisdiction over the upper waters of the River St. John, and the applica- 
 tion by the council of that Province, for an alteration of its boundaries, had remained 
 of course entirely unknown to the Government of the United States; whilst that ef- 
 fort, and the complete abandonment of that pretension during the twenty subsequent 
 years, must necessarily have been within the knowledge of His Britannic Majesty's 
 Government. The reasons why the jurisdiction of New Brunswick had been ex- 
 tended over the Madawaska Settlement have been sufficiently explained. And the 
 official declarations of the Chief Justice of that Province, in his character of Agent, 
 and of His Britannic Majesty's Minister to the United States, leave no doubt that it 
 was at Ghent, in the year 1814, that any pretension to the contested territory was, 
 for the first time, suggested by the Government of Great Britain. If any further 
 proof was wanted to establish tint fact, it will be found in the manner in which that 
 claim was brought forward in the course of those negotiations. 
 
 (») EngTaved Maps, Nos. 36, 37 and 38. 
 
 (w) Engraved Maps, Nos. 36 anil 37. A discrepancy between the boundaries in the agreement and 
 those in the Maps, not having been discovered till after the 1st January 1829, must be left unaccounted 
 for. 
 
 (x) Written Evidence, No. 51 
 
Negotiatioi. 
 Ghent 
 
 ou 
 
 The llritish Plenipotentiaries at that time, when explaining what they mean* bv u 
 revision of the frontiers generally, and after saying that Great Britain did not desire 
 it with any view to the acquisition of territory, as such, enumerated amongst the sub- 
 jects of discussion, not the ascertaining in conformity with the Treaty of 17S3, but 
 " such a VARIATION of the line of frontier, as might secure a direct communication 
 between Quebec and Halifax, "(y) 
 
 This was not a casual expression, but a deliberate and solemn exposition of the 
 terms on which Great Britain proposed to make peace. One of the Plenipotentia- 
 ries, who now occupies a distinguished place in the British Cabinet, was at that time 
 one of the Secretaries of State for the Colonial Department, and probably the member 
 of the British Government most intimately acquainted with the interests and desires 
 of the British Provinces, and with whatever related to that subject. There could not 
 be a more express acknowledgment, than the proposition made under such circum- 
 stances, and in such terms, that the desired communication could not be obtained 
 without a variation of the line established by the Treaty of 17S3. 
 
 It was only after the explicit declaration of the American Plenipotentiaries, that 
 they had no authority to cede any part of the territory of the United States, and 
 would subscribe to no stipulation to that effect; and after having lost all hope of ob- 
 taining; a variation of the line, that the British Plenipotentiaries changed theirground. 
 It was then, for the first time, gratuitously asserted, that the American Plenipotenti- 
 aries were aware that the boundary asserted at present by the American Govern- 
 ment, by which the direct communication between Halifax and Quebec became in- 
 terrupted, was not in contemplation of the British Plenipotentiaries who concluded 
 the Treaty of 1783. 
 
 Even this assertion was accompanied by a declaration, that the British had not an- 
 ticipated the statement made by the American Plenipotentiaries, — viz: that they had 
 no authority " to cede any part, however insignificant, of the territories of the United 
 Stales, although the proposal left it open to them to demand an equivalent for such 
 cession, either in frontier or otherwise. "(c) 
 
 The American Plenipotentiaries answered, that they had never understood thai 
 " the British Plenipotentiaries who signed the treaty, had contemplated a boundary dif- 
 ferent from that fixed by the treaty, and which required nothing more in order to be 
 definitively ascertained than to be surveyed in conformity with its provisions ;" and 
 that they had "no authority to cede any part of the State of Massachusetts, even for 
 what the British might consider a fair equivalent.'' (a) And they subsequently de- 
 clared "that they did not decline discussing any matter of uncertainty or dispute re- 
 specting the boundaries in that or in any other quarter,'' and that they were "prepar- 
 ed to propose the appointment of Commissioners by the two Governments to extend 
 the line to the highlands, conformably to the treaty of 1783." But they added that 
 ••the proposal, however, of the British Plenipotentiaries was not to ascertain, but to 
 vary, those lines, in such manner as to secure a direct communication between Que- 
 bec and Halifax ; an alteration which could not be effected, without a cession by the 
 United States to Great Britain of all that portion of the State of Massachusetts inter- 
 vening between the province of New Brunswick and Quebec, although unquestiona- 
 bly included within the boundary lines fixed by that treaty, (b) 
 
 To this last observation the British Plenipotentiaries replied, that the British 
 Government never required that all that portion of the State of Massachusetts in- 
 tervening between the province of New Brunswick and Quebec, should be ceded to 
 
 (y) Written Evidence, No. 4( r — British Note of 19tli August, 181-1. 
 (z) British Note of 4th Sept. — Written Evidence No. 46. 
 
 («) American Note r f 9th September. 
 Hi) America'! So'.c cf26th September 
 
61 
 
 Great Britain, but only that small portion of unsettled country which interrupts the (-,;,'',"' 
 communication between Halifax and Quebec, there being much doubt whether it. 
 does not already belong to Great Britain, (c) 
 
 The proposal of the American Plenipotentiaries to appoint Commissioners was 
 acceded to. and extended to the whole line of frontier, from the source of the rive: 
 St. Croix, to the Lake of the Woods. And the contingency of a disagreement be- 
 tween the two Commissioners was provided for ; no power to vary the line being 
 <nven in cither case ; but the express purpose being, that it should be ascertained and 
 surveyed in conformity with the provisions of the treaty of 17S3. 
 
 Thus it appears, that the American Plenipotentiaries denied the intentions ascrib- 
 ed to the British Ministers who had signed the treaty; that'thcy uniformly rejected any 
 proposal to vary the line, and to cede any part of tin- territory of the United States, or 
 of the State of Massachusetts ; and that they agreed to the reference, only on the gen- 
 eral ground of leaving to an amicable mode of settlement all the questions relative to 
 the whole of their extensive frontier, which had not yet been actually ascertained and 
 surveyed. 
 
 It will now be asked, whether a demand made, on a most solemn occasion, by 
 the British Government itself, of a VARIATION of the boundary line defined by 
 the treaty of 1783, at the same time that another demand was also made of one half of 
 the great lakes, and of the rights of sovereignty over the shores secured to the United 
 States by the same treaty ; whether that demand, connected, not only with the in- 
 tervening declarations of the British Minister to the United States, and of the British 
 Agent on the adjoining portion of the same boundary, but also with the entire aban- 
 donment during the twenty preceding years, of any claim to the jurisdiction over the 
 contested territory, by that British Province within whose boundaries, if belonging 
 to Great Britain, that territory was clearly included ; whether such demand, under 
 such circumstances, was not a most explicit acknowledgment of the previous undoubt- 
 ed right of the United States to that territory, and docs not decisively refute the late 
 assertions of an exclusive and undisturbed possession by Great Britain, and of a con- 
 structive claim but lately advanced by America? 
 
 And it might also be asked, what degree of confidence the British Plenipotentiaries 
 could have had in that claim, in behalf of Great Britain, so reluctantly suggested, and 
 never, to the last moment, mentioned, but by the name of cession, with the tender of 
 an equivalent, and in the shape of a doubt ? And what was meant by that small por- 
 tion of unsettled territory, not including therefore the Madawaska Settlement, the 
 cession of which alone was required, and to which alone applied the concluding ob- 
 servation, that there was much doubt whether it did not already belong to Great Bri- 
 tain ? 
 
 An allusion has been made, in the British Statement, to a letter written by oneof the 
 American Plenipotentiaries to his Government, subsequent to the signature of the trea- 
 ty. Every thing contained in a letter of that description is wholly irrelevant to the 
 question ; since a minister, when writing to, does not act as the organ of his Govern- 
 ment. It will be sufficient to observe here, in the first place, that it has been fully de- 
 monstrated, in the First American Statement, by the very document to which he ap- 
 pealed, that the American Plenipotentiary was altogether mistaken in supposing that 
 the contested territory was not within the boundaries of the State of Massachusetts; 
 and secondly, that if the boundary lines designated by the previous public acts of 
 Great Britain, and adopted by the treaty of 1783, had embraced any portion of terri- 
 tory not included within the chartered limits of Massachusetts' Bay, such portion would 
 nevertheless have undoubtedly belonged to the United States. (</) 
 
 (c) British Note of 8th of October. 
 '> Tor some further observations on that 1- Iter, see Note I), at the end of this Statement. 
 
62 
 
 : Jm" n'n" 5 "' 1 ' 1 ' Much stress cannot be laid on the opinions or acts of either party subsequent to 
 
 the treaty of Ghent, in relation to the contested territory which from that time became 
 411 avowed subject of discussion. 
 
 The continued jurisdiction of New Brunswick, even after the due north line had 
 been surveyed, has already been adverted to. The grant of a tract of land in the year 
 1825, and the subsequent arrest and trial of an American citizen, have afforded just 
 grounds of complaint. But it is remarkable, that those very acts afford an additional 
 proof of that inconsistency which naturally grows out of the British pretension. 
 
 No act ot the province of New Brunswick could make a place which lay West, to be* 
 East of the due North line, nor therefore remove the district occupied by the Madawas- 
 ka settlers within the boundaries of the Province. 
 
 Theonly thing which is decisively proved by those acts is, that in the opinion of the 
 New Brunswick authorities, the contested territory is not within the boundaries of 
 Canada. And they do not seem to have perceived, that this was tantamount to an ac- 
 knowledgment that it did belong to the United States. For, if not in Canada, it is 
 because the pretended highlands, extending from Mars' Hill to the North-westernmost 
 source of the Penobscot, are not the Southern boundary of that Province. 
 
 And since the Southern boundary of Canada is identic with the Northern boundary 
 of the United States, if it is to be found North of those presumed highlands, and even of 
 die River Madawaska, the territory lying South of it, and North of the line claimed 
 by Great Britain, makes part of the United States. 
 
 Of this the British Government seems at lastto have become aware. Hence the ef- 
 fort, with the aid of the lief of Madawaska, and of some ancient attempts which have 
 not been renewed for more than thirty years, to substitute to the usurped jurisdiction 
 of New Brunswick, a pretended possession derived from Canada. 
 
 Accordingly, in the "map of the British Possessions in North America, com- 
 piled from documents in the Colonial Department, " and ordered to be printed in June 
 1827, by the House of Commons, (e) the due North line is made to terminate at the 
 RLstigouche River; the boundary line between the United States and Canada is laid 
 down, according to the British pretension, from Mars' Hill to the Western source of 
 the Penobscot ; and all that lies North of that boundary and West of the due North 
 line, including the Madawaska Settlement, is made part of Canada and not of New 
 Brunswick. 
 
 But, whilst trying to avoid the inconsistency growing out of the usurped jurisdic- 
 tion of New Brunswick, the Colonial Department was, from the nature of the British 
 pretension, necessarily drawn into another. 
 
 It is in proof, that the Western and Northern boundaries of NewBrunswick, and the 
 Southern boundary, of Canada have not been altered since the treaty of 17S3; (/) that 
 the legal North-west angle of New Brunswick is identic with the North-west angle of 
 Nova Scotia, established in the year 17(33, and referred to and defined in the treaty of 
 1783; and that that angle is accordingly at the point of intersection of the due North 
 line with the Highlands designated by the treaty, and forming the Southern bounda- 
 ry of Canada. 
 
 Instead of being on any highland, the North-west angle of New Brunswick is, in 
 the map in question, placed in the bed of the River Ristigouche. And, forgetting 
 that, by the treaty, the summit of the North-west angle of Nova Scotia was also the 
 summit of the North-east angle of the United States, the Colonial Department has 
 
 (e) Engraved Map, No. 45. 
 
 (f) See Lord Aberdeen's Marginal Notes (o Nos. 12, 14, and 16, of Mr. Barbour*» List. "Written 
 Evidence, No. 31 ; and Governor's Commissions, Written Evidence, Nos. 3, 21, 37 and 38. 
 
6J 
 
 placed that Northeast angle at Mars' Hill, fifty miles South of the point where it jjiiSdiJtion'*" 
 places the North-west angle of New Brunswick or Nova Scotia. Mars' Hill, the pie- 
 tended North-east angle of the United States, so far from being the North-west, is nol 
 even one of the angles of New Brunswick, but only a point on one of its boundary 
 lines. 
 
 The same contradiction attaches to the legitimate acts of New Brunswick, in refer- 
 ence to the territory within its acknowledged boundaries. 
 
 Supposing a due North-east line to be drawn from Mars' Hill towards the Bay des 
 Chaleurs, every place situated North-west of that line, will of course be North-west of 
 Mars' Hill; and this last mentioned point cannot be the North-west angle of New 
 Brunswick, if any such place is within the boundaries of that Province. 
 
 Yet the jurisdiction of the province has uniformly been exercised, both before and 
 since the claim to the contested territory has been a subject of discussion, far North- 
 west of such supposed North-east line, as far at least asShe Falls of the River St. John, 
 and as the River Ristigouche above its junction with the Matapediac. Amongst the. 
 numerous annexed documents, (§•) adduced in proof of that fact, will lie found seve- 
 ral laws for opening roads as far as the Ristigouche, for regulating the fisheries of 
 that river generally, and for the erection amongst others of the county of Northumber- 
 land, and of the Parish of Eldon; as well as grants of land to Mann and others, on the 
 Ristigouche, to John King, on the St. John at the mouth of Salmon River, and to A'. 
 Stewart, above the Great Falls of the St. John. The position of those various places 
 will be found on the American Transcript of the map A, and are all of them North-west 
 of Mars' Hill. 
 
 This last mentioned point, which is near forty miles due South of Stewart's Giant, 
 was not therefore in the opinion of the authorities of New Brunswick, the North-west 
 angle of that province. And assuming the ground, that the contested territory was, 
 as it is pretended there, a part of the province, the contradiction between that supposed 
 extension of New Brunswick, and the assertion that Mars' Hill is its North-west angle, 
 will appear still more forcibly, since it is evident that, in that case, the North-west an •■ 
 gle must be found on the Temiscouata Portage, more than one hundred miles North- 
 west of Mars' Hill 
 
 SECOND PART. 
 
 THE BRITISH LINE EXAMINED 
 
 § 8. 
 
 IT.KMS OF THE TREATS 
 
 The Statement on the part of Great Britain, resolves itself into an attempt to shew xieaty. 
 that the River St. John is not one of those rivers falling into the Atlantic Ocean, which 
 were intended by the Treaty to be divided from those which empty themselves into 
 the River St. Lawrence: and that the highlands, described by the treaty as dividing 
 those rivers from each other, are situated about 120 miles West of any part of the 
 line drawn ckje North from the sourc> of the River St. Croix, and extend only from 
 the North-westernmost source of the River Penobscot, to the sources of the Connec- 
 ticut River. 
 
 The various reasons alleged to sustain those two positions have been examined 
 
 at large, and, it is believed, conclusively refuted. Hut, it was incumbent on Great 
 
 (g) SceWritten Evidence, Nos. 47 and 43, and Printed Statutes. 
 
64 
 
 u:ify. ms °' c Britain to have shewn, in the first place, that tiie boundary line claimed, in conform- 
 ity with that hypothesis, could be reconciled with the terms of the Treaty. The true 
 question at issue, and to which we must now revert, is, whether the North-west Angle 
 of Nova Scotia may, in conformity with the treaty, be placed on or near a certain 
 hill, which does not divide, and is not, in any direction, within 120 miles of any high- 
 lands that do actually divide the rivers designated by the treaty; and whether the 
 boundary line may, in conformity with that instrument, for three-fifths of its extent 
 from the North-west Angle of Nova Scotia, be along highlands which do not divide 
 those rivers from each other. 
 
 The North-west Angle of Nova Scotia, is, by the treaty, declared to be "formed 
 by a line drawn due North from the source of St. Croix River, to the highlands." 
 
 Immediately following the last mentioned words, viz: " to the highlands," the 
 words (in reference to the boundaries,) are, "along the said highlands, which divide 
 those rivers that empty themselves into the River St. Lawrence, from those which 
 fall into the Atlantic Ocean." 
 
 The words, "the said highlands," identity, therefore, the highlands at which 
 the due North line terminates, with the highlands which divide the rivers specified 
 by the treaty. 
 
 The East boundary of the United States, is by the treaty declared to be, " a line 
 to be drawn along the middle of the River St. Croix, from its mouth in the 13ay 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." 
 
 Thus the line drawn due North, or directly North, from the source of St. Croix 
 River, is, in two different clauses of the treaty, declared to extend to, and to termin- 
 ate at, the highlands which divide the rivers designated by the treaty. That line is 
 that which forms the North-west Angle of Nova Scotia. The Northern termination 
 of that line, and the summit of that North-west Angle are identic. It appears impos- 
 sible to have devised expressions, that could, with greater precision, have determined 
 the position of the North-west Angle of Nova Scotia, as being that point, on the 
 highlands which divide the rivers specified by the treaty, where the said highlands 
 are intersected by the line drawn due North from the source of the River St. Croix. 
 
 It is impossible to form any conjecture of the reasons which may be alleged, in 
 the Definitive Statement on the part of Great Britain, in opposition to those explicit and 
 express terms of the treaty. We can only recur to those which were alleged by the 
 British Agent and the British Commissioner, under the late Commission: and we may 
 venture to assert, that, now as then, it will be necessary to resort, not merely to an 
 unnatural interpretation, but to a positive alteration of the terms of the treaty, by the 
 subtraction of some of the words used in it, or by the interpolation, or substitution 
 <3f other expressions. 
 
 The British Agent argued, without taking any notice of the word said, which 
 identifies the highlands on which the North-west Angle of Nova Scotia is placed by 
 the treaty, with the highlands which divide those rivers that empty themselves into 
 the River St. Lawrence, from those which fall into the Atlantic Ocean; and as if that 
 word said made no part of that clause of the treaty. And, with respect to the de- 
 scription of the Eastern boundary, as contained in the latter clause, he contented him- 
 self with saying, that it must not be construed literally; which means, that that clause 
 must be considered as null, since it is susceptible but of one construction. 
 
 The opinion of the British Commissioner may he considered as of greater weight; 
 and we will quote his own words from his report to the two Governments. 
 
 'J The extension of the due North line beyond the River St. John, does not agree 
 with the words of either of the said treaties, which direct that the due North line from 
 
65 
 
 the source of the River St. Croix, shall extend to the highlands, evidently meaning the T[ £™ s 
 first highlands, corresponding with the subsequent description, at which that line 
 should arrive; for if the framers of the treaty had other high landsin contemplation. 
 iurther North, they would have excluded the first highlands, by an express exception 
 
 of them." (h) 
 
 Now, as the highlands for which the British Commissioner contends do not 
 correspond with the subsequent description of highlands, viz: highlands which divide 
 certain rivers specified by the treaty ; it is clear, that what he means, and the altera- 
 tion is explicitly adopted in the British Statement, is to substitute the words, "the 
 first highlands at which the due North line should arrive," to the terms of the treaty. 
 With respect to his last argument, it is sufficient to observe, that the framers of the 
 treaty, by describing the highlands as dividing the rivers therein designated, did 
 exclude all other highlands, including the first highlands, (so called) which the due 
 North line might meet. 
 
 The British Commissioner further says: 
 
 ««Had the highlands to be met with on the due North line, been intended to be 
 those which divide the rivers, the words of the treaty would have been, due North 
 from the source of the St. Croix Biver, to the highlands which divide those rivers 
 which empty themselves into the St. Lawrence, from those which full into the At- 
 lantic Ocean. 
 
 "The reverse is the case; the due North line is to stop at the highlands, and from 
 thence a second line is to commence, (which two lines form the North-west angle ol 
 Nova Scotia,) (i) and proceed in a Westerly direction, along-, or passing- those high, 
 lands which divide the rivers," &c. &c. &c. (&) 
 
 Here the British Commissioner positively asserts, (hat it was not intended thai 
 the termination of the due North line, (or North-west angle of Nova Scotia,) should 
 be on the highlands which divide the rivers specified by the treaty, lie insists, thai 
 the due North line is to stop at the highlands, meaning the first highlands met by that, 
 line, and that the dividing highlands are to be found only somewhere on the line which 
 thence proceeds in a westerly direction. And he states what the words of the treaty 
 would have been, had the dividing highlands been intended to be met by the due 
 North line. 
 
 In order to shew, that, instead of proving what he wished to establish, the British 
 Commissioner has been unconsciously drawn into an admission that the due North line 
 must necessarily extend to the highlands which actually divide the rivers specified 
 by the treaty, it is sufficient to compare the expressions, which, he says, should have 
 been used, had the intention been such, with those actually used in the treaty itself. 
 
 Terms nf Hi". 
 
 By the Treaty. 
 From, &c. formed by a 
 line, drawn due North from 
 the source of St Croix River 
 to the highlands, along the 
 said highlands which di- 
 vide those rivers that empty 
 themselves into the River 
 St. Lawrence, from those 
 which fall into the Atlantic 
 Ocean, to, &.c. 
 
 Proposed by British Com'r. 
 From,&c. formed by a line, 
 drawn due North from the 
 source of St. Croix River to 
 the highlands which divide 
 those rivers that empty them- 
 selves into the River St. Law- 
 rence, from those which tall 
 into the Atlantic Ocean, to, 
 &c. 
 
 By the Treaty. 
 East by a line, to be 
 drawn from its source, (of 
 the St. Croix River) direct- 
 ly North to the aforesaid 
 highlands, which divide 
 those rivers that empty 
 themselves into the River 
 St. Lawrence, from those 
 which fall into the Atlantic 
 Ocean, to, &c. 
 
 (/() Written Evidence, No. 53, page 373. 
 (j) The Angle thus described, is the North-east Angle of the United States, and not the North- 
 west Angle of Nova Scotia. This is formed, by the line drawn due North from the source of the St. 
 Croix to the highlands, and by the highlands which extend from the point of intersection, not VJ"< si 
 wardly to the Connecticut Kiver, but Eastward, to the Hay des Chaleurs. 
 
 ',1 Written Evidence, No. 53, page 376. 
 
(56 
 
 ,... ,!,','."" It cannot be denied» that those three modes of expression mean the same thing, 
 
 and designate, with equal precision, the dividing highlands to which the due North 
 line must he extended, and the Northern termination of that line, or North-west 
 Angle of Nova Scotia. 
 
 This point of departure being thus expressly determined, the boundary line is 
 declared, by the treaty, to be from that point, along the highlands described by the 
 treaty, to the source of the Connecticut River. 
 
 But if, as is asserted by Great Britain, the due North line does not extend to the 
 highlands which divide the rivers described by the treaty, the boundary cannot, from 
 what she calls the North-west angle of Nova Scotia, be along those highlands; al- 
 though it may meet them at the distance of 120 miles: and the assertion is, therefore,, 
 again, in this respect, in direct opposition to the express terms of the treaty. 
 
 According to the treaty, it is from the North-west angle of Nova Scotia that 
 the boundary line is declared to be along the highlands which divide the rivers de- 
 signated by the treaty. 
 
 According to Great Britain, it is from another point, 120 miles distant, that 
 the boundary line is along the said dividing highlands: and, from Mars' Hill, which 
 -.he declares to be the North-west Angle of Nova Scotia, the said boundary line, in- 
 stead of being along the highlands, which divide the rivers designated by the treaty, 
 js avowedly along other highlands, dividing other rivers, and connected, at the distance 
 if 120 miles, with the highlands designated by that instrument. 
 
 In describing a boundary line, there are three requisites; the point at which it 
 begins, that at which it terminates, and the course or direction which it follows be- 
 tween those two points. The most appropriate words, those in most common use for 
 that purpose,, are, from , to, and along, or by: from the point at which the line begins; 
 to the point at which it terminates; along the direction, or by the course which it 
 follows. 
 
 The word from, both from its etymology and uniform use when applied to place, 
 is that which most precisely designates beginning, and excludes any possible interval, 
 between the point to which it refers, and that where the course or direction assigned 
 'o the line, does begin. The word along, as applied to such course or direction, 
 means the whole length, following the course of, keeping company ivith, means 
 nothing else, and is never used in any other sense. 
 
 The treaty having declared the boundary, from the North-west Angle of Nova 
 Scotia, it) the North-westernmost head of Connecticut River, to be along the high- 
 lands which divide the rivers, &c. that boundary cannot, without a direct violation 
 of the express terms of the treaty, leave the said highlands, at any place, or for any dis- 
 tance, between that angle and that head: it must, through its whole length, between 
 those two points, keep company with and follow the course of those highlands. 
 
 What precludes any cavil respecting the obvious meaning of those emphatic 
 words in the treaty, is, that there was, in that respect, a defect in the public acts of 
 Great Britain, from which the description of the line was borrowed; and that that de- 
 fect was corrected by the framers of the treaty, who placed, in most explicit terms, 
 ihc beginning and the termination of the boundary line, on the actual dividing highlands. 
 
 According to the Proclamation of 1 7G3, the line, crossing the River St. Lawrence 
 and the Lake Cbamplain in 45 degrees of North latitude, passes along the highlands 
 which divide Ihc rivers that empty themselves into the said River St. Lawrence, from 
 those which fall into the sea, and also along the North coast of the Bay des Cha- 
 leurs, &c. 
 
 This description is vague, inasmuch as it does not prescribe the manner in which 
 the line is to pass from the highlands to the North coast of the Bay des Chaleurs. 
 Then is a chasm, in the description, between the highlands and that coast: but, though 
 
o7 
 
 defective in that respect, the expressions used in the Proclamation do not contradict Tt J°™ a "'' "" 
 
 the description. 
 
 The subsequent Act of Parliament of the year 1771, declared the Province of 
 Quebec to be " bounded on the South, by a line from the Bay of Chaleurs, along the 
 highland* which divide the rivers (last above mentioned,) to a point in 45 degrees of 
 
 Northern latitude on the Eastern bank of the River Connecticut." 
 
 This description was not merely vague, but inaccurate. The same chasm, as in 
 the Proclamation, was left between the extremity of the Bay of Chaleurs and the di- 
 viding highlands; and there was besides another, between those highlands and the 
 point in 45 degrees of Northern latitude on the Eastern bank of the River Connecticut 
 The use of the words/Vow and to was therefore inappropriate. 
 
 But the framers of the treaty of 1783, discussing the terms of an international 
 compact, with the avowed view that all disputes which might arise in future on the 
 subject of the boundaries might tie prevented, corrected the defects of the former de- 
 scription, and used no expressions but such as were strictly applicable to the boundary 
 «agreed on, and described in the treaty. 
 
 The manner in which the line necessary to connect the dividing highlands with 
 the Bay des Chaleurs ought to have been described, was foreign to the subject matter 
 of the treaty; since that particular portion of the Southern boundary of the Province 
 of Quebec lay far East of the territories of the United States, and made no part of 
 their boundary as agreed on by the treaty. It was a boundary only between Canada 
 and Nova Scotia; it belonged to Great Britain alone to determine what had there been 
 left indefinite by the Quebec Act: and it has already been observed, that when an allu- 
 sion is made in the British Statement, to the uncertainty which still prevails respect- 
 ing the boundaries between those two Provinces, the remark applies exclusively to 
 that part of their boundary, and not at all to any portion which can affect the bounda- 
 ries of the United States, and the question now under discussion. 
 
 The point from which, by the Quebec Act, the line along the highlands was to 
 commence, was not on the highlands; and the word from was therefore inapplicable 
 But the framers of the treaty placed, in the most precise and express terms, the point 
 at which the line along the highlands was to commence, that is to say, the North-west 
 angle of Nova Scotia, on the actual dividing highlands; and to that point, therefore, 
 the word from was strictly applicable, and the appropriate one to be used on the occa- 
 sion.. It is only, in case they had not thus expressly placed the North-west angle of 
 Nova Scotia, or place of beginning, on the dividing highlands, that it might have been 
 alleged, that the words from, along, and to, did not imply the necessity of the boun- 
 dary line being, through its whole extent, along the highlands which divide the rivers 
 designated by the treaty. 
 
 Thus, in a public Act, designating a boundary line as extending/*/ - *»» Stutgard 
 along the Rhine, to Cologne, the description would be defective, and the word from 
 improperly used, since Stutgard is not on the Rhine; and it would be absurd thence- 
 to> argue that in another public Act declaring the boundary to be from Basil, along the 
 Rhine to Cologne, il might from Basil, for one half of the distance to Cologne, pursue 
 another direction than along the Rhine. 
 
 But the care with which, whilst adopting the point in 45° North latitude on the 
 bank of the Connecticut River, the framers of the treaty corrected, in that part of the 
 boundary, the defective description of the Quebec Act, affords the most conclusive- 
 proof of the deliberate attention which they paid to the subject, and that the words 
 from, along, and to, were not inadvertently introduced; since, fully aware of their 
 import, the negotiators altered the description of the boundary, so as to make it exactly 
 correspond with the true and only appropriate meaning of those words. 
 
Terms of the 
 
 watv. 
 
 GH 
 
 It hus already been observed that the correction consisted" in placing the termina- 
 tion of the line which extends along the highlands, at that point where the boundary 
 must necessarily leave them, that is to sa)-, at the source of the Connecticut River; and 
 in describing as another line, that which from that source extends " down along the mid- 
 dle of that river to the 45th degree of North latitude." 
 
 Another conclusive proof of the meaning of the words from, along, and to, as used 
 in this article of the treaty, with reference to the beginning, course, and termination 
 of the boundary, is found in the subsequent parts of the same article, in which thej 
 are used for the same purpose, and in the same express sense, not less than eight times, 
 viz: — 
 
 "To the North-westernmost head of Connecticut River, thence down along the 
 middle, of that liver to the 45th degree of North latitude." 
 
 " The River Iroquois, or Cataraquy; thence along, the middle of said river into 
 Lake Ontario." 
 
 " The communication by water between that lake and Lake Erie; thence along 
 the middle of said communication into Lake Erie." 
 
 "The water communication between that lake and Lake Huron: thence along 
 ' 'he middle of said water communication into the Lake Huron." 
 
 " 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 31st de- 
 gree of North latitude." 
 
 " The River Appalachicola or Catahouche; thence along the middle thereof to its 
 junction with the Flint River." 
 
 '• St. Mary's River; and thence clown along the middle of St. Mary's River to- 
 the Atlantic Ocean." 
 
 " 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." 
 
 In this last instance, the words from And along arc used; in the others, the words 
 ar&iJience and along. The mode of reasoning generally adopted by the British 
 Agents, under the late Commission, renders it perhaps necessary to observe, that the 
 word thence, as applied to place, means from that place, from that point; and that, 
 therefore, the words from a certain point, and thence, as applied to a point just before 
 mentioned, are synonymous. 
 
 It will not be denied that, in every one of the instances which have been quoted, 
 the boundary line was to extend without chasm or interruption, from the point of de- 
 parture, along the denned river or water communication, to some other specified point 
 or place. Thus, in the last instance, the line does begin at the mouth of the River St. 
 Croix, And from that point extends without any interruption, along the middle of the 
 -,iid river to its source. It is the same in all the other instances. And, in like manner, 
 the boundary line beginning at the North-west angle of Nova Scotia, must, according 
 to the treaty,/>o?w that point extend without any interruption, along the highlands 
 which divide the rivers designated by the treaty, to the North-westernmost head of 
 Connecticut River. To deny this would not be less repugnant to common sense, than 
 if it was asserted that the Eastern boundary, instead of keeping, through its whole 
 extent, from the mouth of the River St. Croix, to its source, along the middle of 
 that river, might, in conformity with the treaty, have been a straight line, from the 
 mouth of the river to the junction of its North and West branches. 
 
 The extraordinary manner, in which the British Agent, under the late commission, 
 .it tempted to evade that express provision, affords another proof of the impossibihty 
 of reconciling the pretension of Great Britain with the terms of the treaty. He has 
 simply proposed to alter the expressions used in the treaty, and he has suggested seve- 
 ral wavs of doine if. 
 
69 
 
 j. The words used in the treaty, viz: "North to die highlands" are, he savs. Ttrms "' 
 
 J * TlL'CllV. 
 
 ■•evidently to be understood as intending that the North line should terminate when- 
 ever it reached the highlands, which, in any part of their extent, divide the waters 
 mentioned in the treaty." (I) 
 
 2. What he calls the intention of the treaty, will, he says, "he literally effectu- 
 ated by a very small variation of the expression actually made use of in this regard, 
 namely, by describing the second line forming this angle in the following words, thai 
 is to say; along the said highlands where they divide those rivers, &c. the expression 
 actually made use of is, along the said highlands which divide those rivers." {in) 
 
 3. "The true intention of the treaty would clearly be 
 
 ascertained by the following obviously plain and natural, and nearly literal, construc- 
 tion of its phraseology, namely ; — It is hereby agreed and declared that the following 
 are and shall be the boundaries of the United States, 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 tine of the highlands, along the said highlands which 
 divide," &c. (w) 
 
 4. Finally, the Agent proposes to reverse the description of the boundary. "Let 
 then the tracing of the boundary in this qnarter be made, from the North-vvesternmosi 
 bead of Connecticut River, along the highlands which divide those rivers, &c. to 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." (o) 
 
 In this last version, the British Agent has not interpolated new words, but be- 
 sides reversing the line, he has omitted the word said, which identifies the highlands 
 which divide the rivers, &c. with those to which the due North line is declared to ex- 
 tend. 
 
 It is not necessary to inquire whether the alterations thus suggested would answer 
 the purpose for which they are intended. They have been adverted to, only to shew - 
 the various attempts of the British Agent, all of which consist in an actual alteration of 
 the expressions of the treat}'. 
 
 But even his ingenuity was at fault, with respect to " the words descriptive of 
 the Eastern boundary of the United States;" and he says: "These words, taken in 
 their literal and individual signification, would involve a construction altogether in- 
 consistent with other parts of the treaty, and with facts at the time within the know- 
 ledge of the framers of it, and if the foregoing observations upon the first descrip- 
 tion of this part of the boundary, be, as they are presumed to be, correct, these words 
 descriptive of the Eastern boundary, must, of necessity be interpreted in a corres- 
 ponding sense." 
 
 What that intended interpretation should be, the British Agent does not state. But 
 
 as those descriptive words, viz: "a line to be drawn 
 
 from Me source (of the River St. Croix) directly North to the aforesaid highlands which 
 divide the rivers, &c. are susceptible of no other construction but that "literal and 
 individual signification" to which he objects, and as he had no othei object, but that 
 of placing the termination of the due North line at another point than on the aforesaid 
 dividing highlands, it is clear that his construction consists in striking off the obnoxious 
 clause altogether. 
 
 The British Commissioner states the claim laid before the board, on the part of 
 His Britannic Majesty, in the following words, viz: — "That the North-west angle of 
 Nova Scotia should be formed by the intersection 
 
 (/) British Agent's First Memorial. Written Evidence, No. 55. 
 {m) British Agent's Supplementary Argument. Written Evidence, No. 55., 
 (») British Agent's R.-r>ly. Written Evidence, No. 55. 
 (o) Written Evidence, No. 55. 
 
70 
 
 u-ims of tue r a y nm Jrawn due North from the source of the River St. Croix, with a line running 
 
 T it;ity. o 
 
 from the North-westernmost head of Connecticut River, along the highlands 
 which divide the rivers Chaudière and De Loup, falling in- 
 to the River St. Lawrence, from the livers Androscoggin, Kennebec and Penobscot, 
 falling into the Atlantic Ocean; such line being continued a Ion g the highlands in that 
 quarter, in such manner as to leave all the sources of all the branches of the said 
 Rivers Androscoggin, Kennebec and Penobscot, South of such line, and within the 
 territories of the United States, until it meets the said line drawn due North from the 
 source of the River St. Croix, at or near Mars' Hill." (p) 
 
 This is an explicit commentary on the third version of the British Agent. The 
 line is reversed, and, where it leaves the highlands prescribed by the treaty, it is to be 
 continued along other highlands which do not divide rivers falling into the Atlantie 
 Ocean, from those which empty themselves into the River St. Lawrence. 
 
 The British Commissioner decides in favor of the British pretension, and sustains 
 his decision in the following words — viz: " It is obvious that the order of description 
 in the treaty of 1783, was reversed from the proclamation, its prototype; and hence 
 arises the error of the agent on the part of the United States, who contends that the due- 
 North line from the source of the River St. Croix is to be extended until it arrives at 
 Highlands which divide the Rivers," &c. &c. &c. 
 
 " But this is not the fact, the words of the treaty are, — due Morth from the source 
 of the St. Croix River to the highlands, along the said highlands which divide those 
 rivers," &c. &c. &c. 
 
 << Now what does the word 'along,' in its ordinary signification import? Cer- 
 tainly a continuation of those highlands, in which continuation will be found highlands 
 which divide the rivers, &c. &c. &c. Indeed the word along, used in the treaty 
 of 1783, is, in this instance, synonymous with the word passing, in the proclama- 
 tion. "(?) 
 
 We have not been fortunate enough to comprehend clearly this reasoning. The 
 word passing is not used alone, or instead of along, in the proclamation: the words 
 there, are, that the line passes along. According to the Commissioner, the word along 
 :3 synonymous both with passing and continuation; which two last words are of 
 course also synonymous: and what he would gain, by substituting the word passing 
 or passing along, to the word along, is not perceived. 
 
 But, that along, in its ordinary signification, or in any case whatever, imports, 
 or ever has been used in the same sense as continuation, cannot be seriously asserted. 
 What the British Commissioner intends, is, under color of affixing to that word a 
 sense which it never had, to suggest the insertion of the word continuation. And the 
 article would then read " due North from the River St. Croix, to the continuation of 
 the highlands, along the said continuation of the highlands which divide the rivers," 
 
 Jfcc. 
 
 Instead of the words " continuation of, " the suggestion in the British Statement 
 is in reality to insert the words " which connect themselves with:" so that the arti- 
 cle would read, "along the said highlands which connect themselves with the high- 
 lands which divide the Rivers," &c. But care has been taken not to bring that inter- 
 polation in full view, by avoiding any such discussion of the terms of the treaty as had 
 been hazarded by the former British Commissioner: and the argument proceeds as if 
 the essential condition of dividing from each other the rivers therein described, in re- 
 ference both to the North-west angle of Nova Scotia, and to the boundary line along the 
 Highlands, made no part of the treaty. 
 
 (j>) Written Evidence, No. 53. p. 371. 
 (/j) Written Evidence, No. 53, p. 375, 376. 
 
71 
 
 But without even adverting to-the unmanageable description of the Eastern boun- Term» oi iuc 
 
 Treaty. 
 
 d'arv, whichsoever of those various read) igs may be selected; 
 
 Whether to interpolate somewhere the words " such line being continued along 
 the highlands in that quarter;" 
 
 Or, to reverse the description and to omit the word "said:" 
 Or, to insert instead of the words "to the highlands," either "to the line of" or 
 "to the continuation q/the highlands;" 
 
 Or, to substitute to the words "highlands which divide," either "highlands to 
 the place where they divide," or " highlands which connect themselves with high- 
 lands which divide," or "highlands which in their IJ cstwardly course divide," or, 
 " highlands which in any part of their extent divide;" 
 
 Or, to suggest whatever other mode ingenuity may devise; it is clear, that hgh- 
 lands which do not divide certain specified rivers, though on the line of, in continua 
 (ion of, or connected with, are not the highlands which divide those rivers. 
 
 With leave thus to alter in some way or another the terms of a treaty, it may b< 
 bent to any construction whatever. And it is hardly necessary to observe, that inter- 
 polations, omissions, or alterations in its expressions, are not an interpretation of a treaty, 
 but the substitution of other provisions to those prescribed by the instrument. 
 
 The assertion that the British line does actually divide the rivers designated by 
 i he treaty, is also founded on a glaring perversion of the meaning of the term "to 
 divide." 
 
 It will be seen, by the map A, that the boundary line, claimed by Great Britain, 
 from Mars' Hill to the sources of the Chaudière, divides, through nearly its whole ex- 
 tent, the sources of the Penobscot River from those of the Southern tributary streams of 
 the River St. John. And it is declared, in the concluding paragraph of the first branch 
 of the British Statement, that Great Britain claims that, from Mars' Hill, "the line of 
 boundary of the United States be traced South of the River St. John to the North- 
 westernmost head of Connecticut River, at the heads of the Rivers Penobscot, Kenne- 
 bec, and Androscoggin, which rivers Great Britain maintains to be those intended by 
 the Treaty, as the rivers falling into the Atlantic Ocean, which are to be divided from 
 those which empty themselves into the Hiver St. Lawrence. " 
 
 Was it by this intended to assert, that a line, which, for a distance of one hundred 
 miles, divides the sources of the Penobscot from those of the St. John, is aline which 
 divides the sources of the Penobscot from those of rivers which empty themselves into 
 the River St. Lawrence? 
 
 Tlie British Commissioner declares it also to be evident, "that the line extend- 
 ing thence (from Mars' Hill) along the highlands, in a Westerly direction, described by 
 the red line on the general map made by his Majesty's Principal Surveyor, (r) (being 
 the same, as the red line on map A, claimed on the part of Great Britain) does divide, 
 as directed in and by both those treaties (that of 1783 and that of Ghent,) the rivers 
 which empty themselves into the River St. Lawrence, from those which fall into 
 the Atlantic Ocean; thus in every particular satisfying the words of the above named 
 treaties, and corresponding," &c. (s) 
 
 It seems to have been intended, by that paragraph of the British Statement, and 
 by that dictum of the British Commissioner, to assert, that a line along the sources of 
 the Penobscot, in its origin at Mars' Hill, 100 miles distant from any of the rivers that 
 empty themselves into the River St. Lawrence, and which, at its termination only, 
 reaches the highlands in which any of those tributary rivers have their sources, does, 
 
 (r) The map here alluded to, not having been admitted to be filed by the Board of Commissioners, 
 lias not been adduced in evidence. 
 
 (s) Written Evidence, No. 53, p. 372 
 
72 
 
 Treat™ 3 " f """ through its whole extent, actually divide the upper branches of the Penobscot from the 
 rivers tbat fall into the River St. Lawrence. 
 
 The term "to divide" is there made synonymous with that u to lie between." 
 
 Whatever does divide, (or separate) must be contiguous to both the things which 
 are to be divided, (or separated) one from the other. 
 
 A line can divide no other territories, (or surfaces,) from each other, but such as 
 are contiguous one to the other. If not contiguous, they are divided, not by a line, 
 but by the intervening territory (or surface. ) 
 
 In this instance, the rivers which empty themselves into the River St. Lawrence 
 arc divided from the sources of the upper branches of the Penobscot, 1st. by the high- 
 lands which divide the first mentioned rivers from the Northern tributary streams of the 
 St. John; 2dly, by the entire basin of the River St. John; 3dly, by the highlands which 
 divide the Southern tributary streams of this river from the upper branches of the 
 Penobscot. 
 
 These last mentioned highlands, which are those claimed by Great Britain as the 
 boundary line, divide no other rivers from each other, but those of the Penobscot and 
 of the St. John. They divide the rivers that fall into the Atlantic Ocean from those 
 which empty into the River St. Lawrence, in the same manner precisely, as the Thames 
 divides Surrey from Suffolk, and as the Rhine divides France from Poland. Yet that 
 assertion, if it %vas so intended, is the only attempt which has been made, in the British 
 Statement, to reconcile the pretension of Great Britain with the terms of the Treaty. 
 
 It has been our intention, in this section, to reduce the question to its simplest 
 terms, by shewing that the line claimed by Great Britain, as the bouudary between her 
 dominions and those of the United States, is wholly irreconcilable with the express 
 provisions of the treaty. 
 
 It is not deemed necessary to advert again to the impossibility, that Mars' Hill, 
 considering its position in relation to the Western extremity of the Bay des Chaleurs, 
 should be the North-west angle of Nova Scotia. But it is proper to repeat, that the 
 description in the treaty, of highlands dividing certain specified rivers, applies, not 
 only to the boundary between the United States and Great Britain, but also to that 
 portion of the Northern boundary of Nova Scotia, which, extending Eastwardly from 
 the summit of the angle, does, according to the treaty, form the North-west angle of 
 Nova Scotia. It is preposterous to say, that a line described as dividing rivers from 
 each other, may intersect the largest river in the Province, and that the bed of that 
 river may, in any sense of the word, be deemed "highlands." And a mere inspec- 
 tion of Map A, or of Mitchell's Map, is sufficient to shew that no line can be drawn 
 from Mars' Hill, in an Eastwardly or North-eastwardly direction, which will not, with, 
 in less than ten miles^ intersect the River St. John and sink, to its level. 
 
 § 9. 
 
 INTENTIONS OF THE FRAMERS OF THE TREATY OF 1783. 
 
 Intentions . — The terms of the treaty were too explicit to admit the supposition 
 • Hat they conveyed a meaning different from that intended by the negotiators. The at- 
 tempt, to appeal from those terms to intentions gratuitously ascribed to those Ministers, 
 iias accordingly failed altogether. 
 
 The broad assertion, (/) that they intended to assign to each Power the whole of 
 the rivers which had their mouths in their Territories, respectively, has not only been 
 
 I 1) British Statement, page 10 and passim. 
 
73 
 
 shewn to be unsupported by any proof or evidence whatever to that effect : but it hag intemkn* 
 been decisively refuted by the general tenor of the treaty, through the whole of which 
 there is a constant departure from that pretended " main object" of the negotiators. 
 
 It has likewise been conclusively shown that they did not, ifi order to edict thai 
 purpose, instead of defining the boundary along the highlands in terms corresponding 
 with that presumed intention, resort to the singular mode of describing the River St. 
 Croix as having its mouth in the Bay of Fundy, (it) and of designating, in another 
 clause, the Gulf of St. Lawrence by its specific name: there being in both instances 
 sufficient reasons for those specific designations, which intended, where used, for a 
 particular purpose, were wholly inapplicable to the clause in which that boundary was 
 described, and could not affect the obvious and incontrovertible sense ot the terms used 
 in the description. 
 
 The vague and indeterminate meaning o( the term "highlands," when used 
 alone, gave an opportunity for attempting to perplex the subject. (i<) To try to ascer- 
 tain the import of a word in a particular sentence, by considering it apart from expres- 
 sions which arc there its inseparable adjunct, must necessarily lead to an erroneous re- 
 sult. But it has also been decisively shewn, that the framers of the treaty had not a 
 "generally mountainous country" in view, and that the term "highlands," either 
 in its general sense, or in that which has been consecrated by local usage, was the 
 most appropriate which could have been selected, for the purpose of designating, with- 
 out reference to its absolute elevation, any ground which divides rivers from each 
 other. 
 
 The inferences attempted to be deduced, from the proposal on the part of America, 
 to make the River St. John the boundary, from the Canadian origin of the Fief of 
 Madawaska, and from the incongruous acts or attempts of the British Provinces, do 
 not, it is believed, require any notice. (it<) 
 
 There was no necessity, on the part of the United States, to resort to the inten- 
 tions of the framers of the treaty. Yet they have been anxious to shew that their 
 reliance was not exclusively on the letter of that instrument, that the expressions used 
 in describing the boundary were not carelessly and inadvertently adopted, and that the 
 boundary claimed by them, was that which alone could, at the time, have been in- 
 tended by the parties to the treaty. 
 
 With that object in view, it was proved, in the First American Statement, that 
 the true intention of the two Powers was, to confirm the boundaries designated in the 
 Charter of Massachusetts' Bay, as defined on the East by the Commissions of the Gover- 
 nors of Nova Scotia, and as modified towards the North by the Proclamation of \~63. 
 and by the Quebec Act of 177Î. 
 
 The Charter of Massachusetts' Bay, the antecedent Public Acts of Great Britain, 
 and the subsequent Documents, prior to the Proclamation of 17G3, have been adduced 
 principally for the purpose of shewing the coherence and connexion of the title, and 
 that, notwithstanding some efforts made to- encroach on the Chartered Boundaries of 
 Massachusetts' Bay along the sea coast, that Colony had, from the time when Nova 
 Scotia was separated from it till the year 1763, continued to be bounded on the East 
 by the Western boundary of Nova Scotia, and on the North by the River St. Law- 
 rence. 
 
 It must, at the same time, be distinctly understood, that there is no intention to 
 discuss, if at all controverted, any abstract question of right, which may have been in- 
 cidentally referred to, as making part of the history of the case. 
 
 (u) British Statemcnt.riage 34. Summary of Arguments, 1st Argument. 
 (o) Do. Jo. 5tli Argument. 
 
 hv) Do do. 2d, 3d, 8c 4th Arguments 
 
 T 
 
74 
 
 inteniiims. Whether there was a power in the King to alter the Charter, or wherever that 
 
 power might be vested, it is now of no importance to examine. And, although the 
 Charter of Massachusetts was undoubtedly the basis on which the United States nego- 
 tiated, it was only necessary to prove, that the two Powers did by the treaty adopt, as 
 the boundaries between their dominions in that quarter, those limits which, as early as 
 the year 1763, had been designated by the Public Acts of Great Britain, and conti- 
 nued at the date of the treaty, to be the Western boundary of Nova Scotia and the 
 Southern boundary of Canada. 
 
 This fact has been so conclusively demonstrated in the First American Statement, 
 that it is not presumed that it will be controverted. 
 
 The separate and secret article, annexed to the Provisional Articles of November, 
 1782, might have also been adduced, as a further proof of the adherence to the provin- 
 cial limits previously established by Great Britain, which characterizes the treaty. 
 The boundaries of West Florida had, since the Proclamation of 1763, been enlarged, 
 as will appear by the commissions of Governors Chester and Elliot, (x) by extending 
 its Northern limit as far North as the latitude of the mouth of the River Yazoo, from 
 the Mississippi to the River Appalaehicola. It is agreed by the Separate Article, that 
 that parallel of latitude should be the boundary between that Province and the United 
 States, "in case Great Britain, at the conclusion of the present war, shall recover or 
 be put in possession of West, Florida." (y) That Province was by the definitive 
 treaty ceded by Great Britain to Spain : its fate was uncertain in November, 1782, 
 when the Provisional Articles were agreed on between Great Britain and the United 
 States. 
 
 This separate article, extremely inconvenient in itself, and which must have 
 proved particularly offensive to Spain, was acceded to with great reluctance by the 
 American Commissioners, and, contrary to their instructions, kept secret from the 
 French Government. The British Commissioner produced the commission of Gover- 
 nor Johnson, (z) extending the bounds of West Florida as above mentioned, and con- 
 tended for that extent as a matter of right. And the principal reason which induced 
 the American Commissioners to agree to it, is a complete answer to the pretended im- 
 possibility, suggested in the British Statement, that Great Britain ever could have ac- 
 ceded to the North-eastern Boundary as now claimed by the United States. In their 
 letter to their Government, of July, 1783, they say : "Mr. Oswald adhered strongly 
 
 to that object And among other arguments, he 
 
 finally urged his being willing to yield to our demands to the East, North, and West, 
 as a further reason for our gratifying him on the point in question." (a) 
 
 The silence preserved, in the British Statement, with respect to Public Acts so 
 well known, and so immediately connected with the question, and the suggestions con- 
 cerning the North-west Angle of Nova Scotia, render it however proper to repeat in sub- 
 stance the decisive facts already adduced, which, independent of any other considera- 
 tion, prove beyond doubt the identity of the boundary lines prescribed by the above 
 mentioned acts, with those declared and agreed on by the treaty of 17S3. 
 
 By the Commissions of all the Governors of Nova Scotia, from the year 1763 to 
 that of the 29th July, 1782, issued to John Parr, who was the Governor at the date of 
 the Provisional Articles of Peace, of November, 17S2, and of the definitive treaty of 
 September, 17S3, that Province was declared, to be bounded on the Westward, " by 
 a line drawn from Cape Sable across the entrance of the Bay of Fundy to the mouth 
 
 {x) Written Evidence, No. 32. 
 (y) Written Evidence, No. 33. 
 (c) Quoted in Commission to John Elliot, Written Evidence, No. ?•>'. 
 (a) Written Evidence, No. 9. (o) 
 
75 
 
 of the River St. Croix, by the said river to its source, and by a line draivn due North tmemions 
 from thence, to the Southern boundary of our Colony of Quebec ; and, to the North- 
 ward, by the said boundary, so far as the Western extremity of the Bay des Cha- 
 leurs." (6) 
 
 By the Commissions of the Governors of the Province of Quebec, from 1763 
 to 1774, the Southern boundary of that Province was described as a line which, 
 " crossing the River St. Lawrence and the Lake Champlain in forty-five degrees of 
 northern latitude, passes along the highlands which divide the rivers that empty 
 themselves into the said River St. Lawrence from those which fall into the sea, and 
 also along the North Coast of the Bay des Chaleurs." And in the Commissions of 
 Governor Carleton, of 27th December, 1774, and of that granted, on the ISth of Sep- 
 tember, 1777, to Frederick Haldimand, who was still Governor in November, 17S2, 
 and September, 17S3, the said Province is, in conformity with the Quebec Act of 
 1774, declared to be " bounded on the South, by a line from the Bay of Chaleurs 
 along the highlands which divide the rivers that empty themselves into the River 
 St. Lawrence from those which fall into the sea, to a point in 45 degrees in Northern 
 latitude, on the Eastern bank of the River Connecticut.'" (c) 
 
 The North-west angle of Nova Scotia had thus been determined in express terms, 
 for the twenty next preceding years, and continued to be, at the date of the treaty of 
 peace, at the intersection of a line drawn due North from the source of the River 
 St. Croix, and of the dividing highlands abovementioned. 
 
 The said angle is accordingly in the treaty of 17S 3 referred to, as a point al- 
 ready determined: it is, as such, made the point of departure in the description of the 
 boundaries of the United States: and the two lines by which it is declared to be 
 formed are those which, by those previous public acts of Great Britain, had been 
 respectively prescribed, and then continued to be the Western boundary of Nova 
 Scotia and the Southern boundary of the Province of Quebec. 
 
 That identity of the North-west angle of Nova Scotia, as previously established 
 by the British Government, with the North-west angle described by the treaty oi 
 17S3, has heretofore been contended for, in the most strenuous manner, by Great 
 Britain. Referring, in proof, to the several extracts from the arguments of the British 
 Agent, before the Commissioners under the 5th Article of the Treaty of 1794, (d) 
 we will only quote his concluding words. "If we now compare this angle with the 
 
 North-west angle of Nova Scotia described in the treaty of Peace, 
 
 can it be believed, that so exact a coincidence could 
 
 have happened between the actual, real boundaries of the Province of Nova Scotia, 
 and the boundaries of it described in tin's treaty, if the latter had not been dictated 
 and regulated by the former?" 
 
 The British Commissioner under the late commission, though attempting to . 
 draw another inference, acknowledges also, that the words "highlands, which di- 
 vide," &LC used in the treaty, were taken from the Proclamation of 1763, and that 
 the proclamation was the prototype of the treaty, (e) 
 
 The Southern boundary of the Province of Quebec was, at the date of the treaty, 
 according to the previous public acts of Great Britain, the Northern boundary both of 
 Nova Scotia and of New England. In defining the boundary between Great Britain 
 and the United States, the North-west angle of Nova Scotia became of course the point 
 of departure along the highlands, instead of the Western extremity of the Bay des 
 
 (A) Written Evidence, No 15. 
 (r) Written Evidence, No. 21. 
 (rf) Written Evidence, No. 35. 
 ' ') Written Evidence, No. 5"!, page ~"" ; 
 
• men hou*. 
 
 76 
 
 Chaleurs; and the correction in tiie Westerly termination of that line on the River 
 Connecticut has already heen adverted to. In other respects, the line along the high- 
 lands is described in the same terms, in all the previous public acts of Great Britain, 
 and in the treaty, with no other alteration than the substitution of the words " Atlan- 
 tic Ocean,'' to the word "Sea." 
 
 The term " Atlantic Ocean'' is more appropriate in this case than that of " Sea," 
 but, as applied to the American shores, both have the same meaning. 
 
 It has been demonstrated, by reference to various public acts emanating from 
 Great Britain, that the term "Atlantic Ocean," in its general and usual acceptation, 
 embraces, as well as that "Sea," the Bay of Fundy and the Gulf of St. Lawrence: 
 and this is the only important point in the discussion. 
 
 It has been shewn that that term, in the Commissions of the Governors of the 
 British Provinces, subsequent to 1783, and the term "Sea," in the similar documents-- 
 of a date prior to that year, are used, and must necessarily be understood, in the 
 same sense. 
 
 Those two terms are used as synonymous, by the British Agent, in a passage of 
 the argument which has just now been referred to, viz: rivers "which fall into the Sea 
 or Atlantic Ocean;" (/") by the Lieutenant Governor of New Brunswick, (T. Carle- 
 ton) who, when referring to the Quebec Act, where the word Sea is used, uses the 
 words Jltlantic Ocean; (g) and in the Proclamation of 1763 itself, as has already 
 been shewn in the First American Statement, (h) 
 
 It may, with great propriety, be added, that admitting the highlands described in 
 the Proclamation of 1763, and the Quebec Act of 1774 to be identic with those now- 
 claimed by the United States, had it been the intention of the treaty of 1783 to substi- 
 tute other highlands, one hundred miles further South, and not dividing from any oth- 
 er rivers those that fall into the River St. Lawrence, it is preposterous to suppose that 
 the mode resorted to, for effecting that purpose, would have been simply to substitute 
 the term " Atlantic Ocean" to the term "Sea." 
 
 From this identity of the Northern boundary line of the United States, with the 
 Southern boundary of the Province of Quebec, important inferences are deduced, which 
 leave no doubt as to the true intentions of the parties. 
 
 The line prescribed by the treaty, was a confirmation of that established in 1763, 
 at which time the natural object must have been, to assign to the new Province that 
 portion of territory, till then claimed by Great Britain, as part of the provinces of Mas- 
 sachusetts' Bay and Nova Scotia, which lies on the South side of the River St. Law- 
 rence, and is watered by its tributary streams. The object could not have been, at 
 that time, when Massachusetts was part of the British dominions, to secure, without 
 passing through it, a direct communication between Quebec and Nova Scotia. And 
 this again affords a peremptory answer to the observation in the British Statement, 
 that it is incredible that Great Britain should have "consented to place the United 
 States in entire possession of the only practicable line of communication between her 
 two Provinces." 
 
 As the Bay of Fundy is not mentioned in either the Proclamation of 1 763, or the 
 Quebec Act of 1774, there is not even a pretence, on the ground assumed on the part of 
 Great Britain, that the River St. John was, in those public acts, excepted from the ri- 
 vers falling into the sea, intended to be divided by the highlands from those which 
 fall into the River St. Lawrence. And such an exception, therefore, could not have 
 been intended by the framers of the treaty of 1783, who did not define a new line. 
 
 (/) Written Evidence, Ne. 35, page 271. 
 (e) Written Evidence, No. 59, and British Evidence, No. 32. 
 li) Written Evidence, No. 17, page 167. 
 
77 
 
 but only confirmed and established the boundary already designated by the Proclama- 
 tion and the Quebec Act. 
 
 The mention made of the Bay des Chaleurs in the public acts of 1763 and 1774, 
 and of its Western extremity, in the Commissions of the Governors of Nova Scotia, as 
 being the Eastern extremity of the Southern boundary of the Province of Quebec, de- 
 termines beyond doubt the position and course of the dividing highlands, which form 
 that boundary. And the situation of the Western extremity of the Bay des Chaleurs, 
 as laid down in Mitchell's Map, determines also that of the North-west angle of Nova 
 Scotia on the North side of the River St. John, since it renders it mathematically im- 
 possible that that angle should be at any point, South of that river, of the line drawn 
 due North from the source of the River St. Croix. 
 
 The description of the dividing highlands is, in those acts of the British Govern- 
 ment, as well as in the treaty of 1783, expressed in terms so clear, that, at a time when 
 there was no motive for distorting their natural meaning, there was no doubt on the 
 subject; and they uniformly received that construction of which alone they are suscep- 
 tible. 
 
 In all the maps, accordingly, published in Great Britain, between the years 1763 
 and 1783, on which the Southern boundary of the Province of Quebec is laid down, 
 the North-west angle of Nova Scotia is placed at a point on the North line from the 
 source of the River St. Croix, North of the River St. John; and the Southern bound- 
 ary of that Province, from that point to the Connecticut River (») divides the rivers 
 that fall into the River St. Lawrence from the tributary streams of the River St. John. 
 and from the other rivers that fall into the Atlantic Ocean. 
 
 Several observations in the British Statement, and those in No. 44 of the Appen- 
 dix, render it necessary to give some further explanations of the inferences which 
 may be drawn from that universal understanding, with respect to the intentions of 
 the framers of the treaty of 1783. 
 
 Since Mitchell's Map is declared, by the convention of 1827, and must be held 
 as conclusive evidence of the topography of the country, as understood by the nego- 
 tiators in 17S3, other maps, though of a subsequent date, cannot be adduced as evi- 
 dence of the intentions of those negotiators, in opposition to the topographical features 
 of the country as laid down in that map; and those in question are not brought forward, 
 even for the purpose of illustrating any feature whatever of the topography of the 
 country. 
 
 Greenlcaf 's Statistical Account and map, and Pownall's Topographical Description. 
 have been resorted to, on the part of Great Britain, for the express purpose of throw- 
 ing light on an important topographical feature, viz: "the intended highlands." Hale's 
 map has also been offered, to elucidate the position of a certain grant of land, in order 
 thereby to prove that, in the year 17S9, the Lake branch of the River Connecticut 
 was acknowledged by the State of New Hampshire to be "the Connecticut River." 
 It is for a purpose similar to this last instance that the above mentioned maps have 
 been produced. The boundary of the Province of Quebec, defined for the first time 
 in 1763, could not be delineated on a map published in 1755. A boundary line, de- 
 signated by a public act, is not a topographical feature of the country; and the maps 
 in question are adduced only in order to shew what had been, between the years 1763 
 and 17S3, the general understanding respecting the position, in reference to the rivers 
 as they are laid down in Mitchell's Map, of a boundary established subsequent to the 
 date of that map. For that purpose they are clearly admissible, in conformity with 
 the convention of 1S27; and it will not be denied, that, in the total absence of any 
 
 (;') There may be, in some of those maps, occasional and trifling' discrepancies, evidently errors of thi 
 copier or engraver, which do not affect their general scope. 
 
78 
 
 intentions, evidence whatever to the contrary, they are a conclusive proof of the universal under- 
 standing on that point, at least of the geographers and of the American negotiators, 
 who, it is proved, did consult some of those maps. 
 
 The inferences to be thence deduced may, if she thinks it proper, be controverted 
 on the part of Great Britain. They are submitted as necessarily flowing from the un- 
 deniable fact, that all the above mentioned maps coincide with respect to the position 
 of the North-west angle of Nova Scotia, and of the Southern boundary of the Pro- 
 vince of Quebec. 
 
 It lias been asserted in the First American Statement, and it is now repeated, 1st, 
 that it is morally impossible that the British Government and negotiators should have 
 been unacquainted with all the maps of America published during the twenty next 
 preceding years, and ignorant of their universal coincidence on the subject of the 
 boundary in question; 2dly, that thus knowing the manner in which the boundary 
 defined by the Proclamation of 1763 was understood, it is equally impossible to sup- 
 pose that they should, in the description of the boundary contemplated by the treaty, 
 have adopted precisely the same terms which had been used in the Proclamation and 
 the Quebec Act, had it been their intention to designate a boundary essentially different 
 from that so universally understood as having been intended by those public acts of 
 Great Britain. 
 
 But if, after having adduced maps in support of the British claim, it has been 
 found expedient, on discovering the uniform tenor of those produced by the United 
 States, peremptorily to declare that ''Great Britain altogether denies the authority of 
 maps as proof in a case of contested limits," (k) she cannot reject the authority of 
 that of Mitohell, by which the framers of the treaty are acknowledged, by the con- 
 vention of 1827, to have regulated their joint and official proceedings. This was the 
 only map, published in England prior to the treaty, whieh had an official character. 
 It appears, from the certificate on the face of it, to have been undertaken with the ap- 
 probation and at the request of the Board of Trade, and to have been chiefly com- 
 posed from official documents in that office: for which reason, it was probably se- 
 lected in preference to others of more modern date. (/) It is not in any respect, now 
 that the question respecting the true St. Croix has been decided, more favorable to the 
 American claim than any other. But, if it be recollected that it has been asserted, 
 in the British Statement, "that the extreme obscurity and confusion," &c. in relation 
 lo the boundaries, "added to the very imperfect topographical knowledge then had 
 of the interior of the country, .... rendered it absolutely impossible for the 
 framers of the treaty of 17S3" to lay down " the several points and lines of the bound- 
 ary with" sufficient accuracy; the vast advantage will immediately be perceived of 
 having at least one map, mutually acknowledged to be conclusive evidence of the to- 
 pography of the country, as it was understood by the framers of the treaty, and by 
 which, comparing it with the terms of that instrument, the true intentions of those 
 ministers may be ascertained; and to this map alone, independent of any subsequently 
 published, and even setting aside every other evidence that may elucidate the subject, 
 we will now appeal, as the proper test of those intentions. 
 
 The boundaries of Nova Scotia and of New England are, on that map, extended 
 :o the North as far as the River St. Lawrence; and a line drawn due North to that 
 river, from the source of the River St. Croix, is distinctly delineated as the boundary 
 between Nova Scotia and New England, under which last denomination are included 
 the old Province of Main, and Sagadahoc, or the territory lying between that 
 Province and Nova Scotia. This has already been adduced as one of the proofs 
 
 (Ji) British Appendix, No. 44. 
 (/ It is in proof that the map was, for the purposvs of the treaty, brought from England by the 
 Commissioners. — "Written Evidence, No. 23. 
 
79 
 
 ot' the manner in which the chartered boundaries of Massachusetts' Hay, were, prion ■ , "'''' 
 to the cession of Canada, understood by Great Britain; of her total disregard of the 
 French claims South of the St. Lawrence, and of the consequent irrelevancy of the 
 Canadian origin of the Fief of Madawaska to any question of boundary between 
 her and the United States. 
 
 With respect to the intentions of the framers of the treaty, this map has also ena- 
 bled us to shew: 
 
 1st. That it was known to them that the due North line must, within a short dis- 
 tance from the source of the River St. Croix, eross branches of the River St. John, 
 and leave within the United States the territory West of the said line, which is water- 
 ed by those brandies. 
 
 2dly. That the territory which the United States would have gained, if the River 
 St. John had been the boundary line of the two nations, is, according to that map. 
 larger than the territory which they now claim beyond that river. 
 
 Silly. That,- by the highlands, at which the said due North line was to terminate. 
 they could not have meant any hill, considerable elevation, or mountain, situated South 
 of the River St. John ; since there is no trace on the ma]), on or near that line, 01 
 any hill or mountain ;- and they could not, by any other means within then 
 reach, have known whether any would be found on or near the said North line. 
 South of the River St. John. 
 
 4thly. That they could not,, by the said highlands, at which the due North line 
 must terminate, have meant a "generally mountainous country;'' since no such coim ■ 
 try is laid down on the map along or within forty miles East or West of the said line; 
 whilst a mountainous country, commencing forty miles West of it, and extending 
 thence Westwardly, is distinctly delineated; and, if it had been intended that the 
 line drawn from the source of the River St. Croix should meet that country, it must 
 necessarily have been defined in the treaty, as a West, and notas a due North line. 
 
 Rut the important fact indisputably established by Mitchell's Map is, that the 
 Cramers of the treaty had a knowledge of the topography of the country, amply 
 sufficient, whatever their intentions might be with respect to the boundary, to enable 
 them to describe it witli great correctness, in reference to the rivers. 
 
 The great River St. John, which is the principal feature of the interior and has! 
 explored portion of the country, is laid down by Mitchell with considerable accuracy, 
 both as to course and distance, from the place where it is intersected by the due North 
 line, to its Northernmost and Westernmost sources. And the boundaries respectively 
 claimed by the two parties, if traced on his, would not materially differ from those de- 
 lineated on Map A. 
 
 It was, therefore, perfectly well known to the negotiators, that the River St. John 
 penetrated one hundred and twenty miles West of the due North line, and that, for the 
 whole of that distance, the territory watered by that river and its several branches, 
 lay between the sources of the tributary streams of the River St. Lawrence, and 
 those of the Rivers Penobscot and Kennebec; so as to render it absolutely impossible 
 for any line, drawn from any point of the due North line South of the River St. John, 
 to divide for that distance, from any other river whatever, any river emptying itself 
 into the River St. Lawrence. 
 
 As it was likewise manifest, by Mitchell's Map, and, therefore, also well known 
 to the framers of the treaty, that any such line drawn, from any point of the due North 
 line, towards the sources of the River Connecticut, must necessarily, throun-h three- 
 fifths of its course, either intersect branches of the River St. John, or divide them at 
 their sources from some other rivers; it is, in the first place, altogether incomprehensi- 
 ble, that, in describing such line, that is to say, the boundary extending from the ter- 
 
lititmtioBs. 
 
 80 
 
 mination oi the due North line, along the highlands which divide certain specified 
 rivers, to the source of the Connecticut River; those ministers should have omitted 
 altogether to mention, include, or allude, in any manner, to that river which formed 
 the most conspicuous feature of the country, through or along which that boundary 
 line must pass. For, in the description of that boundary, as defined by the treaty, no 
 other rivers are mentioned, or alluded to, but those which empty themselves into the 
 Hiver St. Lawrence, and those which fall into the Atlantic Ocean. The framers of 
 the treaty were informed by Mitchell's Map, that the River St. John did not empty 
 itself into the River St. Lawrence; and, according to the British hypothesis, it is not 
 in the treaty, and it was not intended by the negotiators, as one of those included un- 
 der the description of "Rivers that fall into the Atlantic Ocean." 
 
 But it is asserted by Great Britain, that it was the intention of the parties to the 
 treaty of 17S3, that the point designated in it, as the North-west angle of Nova 
 Scotia: that is to say, the point at which the line drawn due Nortli from the source of 
 the River St. Croix meets the intended highlands and terminates, should be found to 
 the South of the River St. John. 
 
 And it was manifest by Mitchell's Map, and therefore perfectly well known ta 
 the negotiators, that no point or part of the due North line aforesaid. South of the River 
 St. John, did or could divide, from each other, any rivers whatever, but some branches 
 of the said River St. John. 
 
 It is, therefore, contended, on the part of Great Britain, that, intending to de- 
 signate, as the North-west angle of Nova Scotia, and as the termination of the due 
 North line which forms the Eastern boundary of the United States, some point known 
 fo them to divide, from each other, no other rivers than some branches of a river, 
 which falls neither into the River St. Lawrence, nor (according to the hypothesis,) in- 
 fo the Atlantic Ocean; the framers of the treaty did deliberately describe that Eastern 
 boundary, as a line drawn from the source of the River St. Croix, "directly North, lo the 
 aforesaid highlands which divide the rivers that fall into the Atlantic Ocean from those 
 which fall into the River St. Lawrence;" thus defining the termination of that line, 
 or North-west angle of Nova Scotia, by a designation known to them not to apply to 
 the point which they intended to define. 
 
 It is again asserted by Great Britain, that the highlands which actually divide the 
 rivers specified by the treaty, and which alone were contemplated as such by the ne- 
 gotiators, arc only those which, from the North-westernmost source of the Penobscot, 
 lo the North-westernmost source of the Connecticut River, divide the Rivers Penob- 
 scot, Kennebec, and Androscoggin, from the Rivers Chaudière and St. Francis, which 
 empty themselves into the St. Lawrence; and that the boundary line, intended and de- 
 scribed by the treaty, does, from the abovementioned point South of the River St. 
 John, on the due North line, extend South of the said river, along the heads of the 
 River Penobscot, lo its North-westernmost source, as it is delineated on the Map A. 
 
 But it was manifest by Mitchell's Map, and therefore perfectly well known to the 
 negotiators, that the nearest source of the River Chaudière, was about 120 miles dis- 
 tant, in a straight line, and in a nearly Westerly course, from any point of the due North 
 line; that, through that whole extent, the line would not divide, from any other river 
 whatever, any river that empties itself into the River St. Lawrence: and that it could 
 not, through that whole extent, divide any other rivers from each other, but the Pe- 
 nobscot and the Kennebec from the tributary streams of the River St. John; that is to 
 say, rivers falling into the Atlantic Ocean, from a river falling (according to the 
 hypothesis) into the Bay of Fundy. 
 
 It is, therefore, contended on the part of Great Britain, that, intending to designate 
 as the boundary line, from the North-west angle of Nova Scotia to the North-western- 
 most head of Connecticut River, a line which, passing South of the River St. John, 
 
si 
 
 was known to them to divide, for three-fifths of its extent, no other rivers from each '"'- ' 
 other, than rivers falling into the Atlantic Ocean, from a river falling into the Bay of 
 Fundy; and knowing that the said boundary line would not, at a shorter distance than 
 120 miles from its commencement, reach the highlands which actually divide the rivers 
 that fall into the Atlantic Ocean from those which empty themselves intothc River St. 
 Lawrence; the framcrs of the treaty, intending also, as expressly staled, that their de- 
 scription of the boundaries should be such as that all disputes which might arise in fu- 
 ture on the subject of the same, might be prevented; did deliberately, and after much 
 contention ou the subject, ultimately agree to define the boundary thus intended to Ix 
 established, in the following words, viz: 
 
 " From the North-west angle of Nova Scotia, viz: that angle which is formed h\ 
 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 Si 
 Lawrence, from those which fall into the Atlantic Ocean, to the North-westernmost 
 head of Connecticut River." 
 
 That is to say, that, in defining the boundary in question, those ministers de- 
 scribed aline which, to their knowledge, divided, for three-fifths of its extent, ri- 
 vers falling into the Atlantic Ocean from « river falling into the Bay of Fundy, as a 
 line dividing rivers falling into the Atlantic Ocean from rivers emptying themselves 
 into the River St. Lawrence; thus adopting a description which, to their knowledge, 
 was applicable only to 80 miles out of the 200, along which the said boundary does, 
 and was known by them to extend; and which, to their knowledge, was entirely inap- 
 plicable to the 120 miles next to the place of beginning, or to three-fifths of the whole 
 length of that boundary. 
 
 This incredible misapplication of language, or indeed gross absurdity, is ascribed 
 to eminent and practical statesmen, some of them not less remarkable for the precision 
 and perspicuity of their style, than for the clearness of their conceptions; and in a case 
 where the description, being corrected in relation to the River Connecticut, affords an 
 incontestable proof of the strict attention they paid to the terms used in describing 
 that part of the boundary. 
 
 What renders the supposition, that those ministers expressed themselves in term- 
 so contradictory of the intentions gratuitously ascribed to them, still more outrageous, 
 is, that there would not have been the slightest difficulty, with Mitchell's Map before 
 them, in defining with the utmost precision, if so intended, the boundary line as now 
 contended for by Great Britain. 
 
 Had the intention been, as is affirmed, to assign to Great Britain the whole of the 
 basin of the River St. John, there would not have been any occasion, either to refer to 
 the North-west angle of No va Scotia, or that any part of the boundary should have been 
 a line drawn due North from the source of the River St. Croix. In that case, the boun- 
 dary would, by any ordinary conveyancer in possession of Mitchell's Map, and of the 
 intentions of the parties, have been described in the following words, or in other as ex- 
 plicit, and of the same import, viz: 
 
 From the source of the River St. Croix, along the Highlands which divide the rivers 
 that empty themselves either into the River St. John, or into the River St. Lawrence, 
 from those which fall into the Atlantic Ocean, West of the mouth of the River St. Croix, 
 to the North-westernmost head of Connecticut River, East lu- 
 it line to be drawn along the middle of the River St. Croix, from its mouth in the Bay 
 ef Fundy to its source. 
 
 Had. it fori intended, though for what object, with the intentions ascribed to the ne- 
 gotiators, (-to) is altogether unintelligible, that a due North line drawn from the source 
 
 i>) Particularly if they had in view that height oi'land of Governor Pownall in which the River Pas- 
 samaquada h:is its source. 
 
8^ 
 
 intentions» f lite River St. Croix, should form a part of the boundary, a slight alteration in the 
 phraseology would, with equal facility, have effected that purpose. There would 
 have been no more difficulty in thus describing the boundary, from Mitchell's Map, 
 than the British Agent under the late commission found in delineating it on that very 
 map. (ra) 
 
 All the arguments which have been adduced on the part of the United States, in 
 opposition to the British line, are equally applicable to any other boundary that may 
 be suggested, other than that claimed by them. 
 
 Here too, since it is manifest by Mitchell's Map, and since therefore it was 
 known to the framers of the treaty that it was impossible, that any boundary 
 line whatever, extending Westwardly from any point whatever of the line drawn 
 due North from the source of the River St. Croix, should diride rivers falling into 
 the River St. Lawrence from rivers falling into the Atlantic Ocean, unless the River St. 
 John was included amongst these; it necessarily follows, that it is impossible that those 
 ministers should not have held the River St. John to be one of the rivers falling into 
 the Atlantic Ocean, which they intended to be divided by the boundary, from those 
 which empty themselves into the River St. Lawrence. In which case, it is also mani- 
 fest by Mitchell's Map, that they could not have intended any other point on the due 
 North line, as the North-west angle of Nova Scotia, than the intersection of the said 
 line with that dividing ground, in which, according to the map, the rivers which fall 
 into the River St. Lawrence have their sources; and therefore, that no other Wighlands 
 could have been intended by the framers of the treaty, as the boundary between the 
 dominions of the two Powers, than those which are claimed, as such, by the United 
 States. 
 
 IT. 
 
 North-westertviiost head of Connecticut River. 
 
 §10. 
 
 The United States claim, as the North-westernmost head of Connecticut River in- 
 
 .Vonh- western- 
 most heail of Con* 
 Bcclicttt River. 
 
 tended by the treaty, that source which lies North-west ol ny other source of any 
 of the branches of the river, without regard to the specific names, or respective mag- 
 nitude of those branches. 
 
 The designation of " North-westernmost head" necessarily implies a selection 
 between two or more sources. And the w r ords " head of Connecticut River," and 
 " thence downalong the middle of that river," necessarily mean, " head of and along 
 the middle of the branch of that river," the source of which would be declared to be 
 the North-westernmost head of Connecticut River. The designation was correct, since, 
 guided by Mitchell's Map, the framers of the. treaty must have considered any of its 
 nameless upper branches, as equally entitled to the appellation of Connecticut River. 
 Vnd it has already been observed, that the principle is admitted by Great Britain, since 
 she claims as the North-westernmost head intended by the treaty, the source of a 
 nameless rivulet, along the middle of which, from its source to its junction with the 
 other waters of the river, the boundary is claimed to extend, although it is not pretend- 
 ed that the rivulet is known by the name of Connecticut River. 
 
 But Great Britain makes two exceptions to the principle; and maintains, 1st. That 
 i he North-westernmost head intended by the treaty must be the head of a branch, that 
 unites with the other waters of the River Connecticut, above the highest point where it 
 tssumes the distinguishing title of Connecticut, or Main Connecticut; and 2dly. that 
 
 (n) Topographical Evidence — Surveys — See the two several extracts from Mitchell's Map, presented 
 by the Tîritish Agent, No. Q9, American, and K. British. 
 
83 
 Hall's Stream must also be excluded, on account of its uniting itself with the main river, v ""' 
 
 " ■ m.' i head "i Con 
 
 at a point below the place which was, at the date of the treaty, considered as the inter-""""""'''' 
 section of the said main river, and of the 45th degree of north latitude. 
 
 Even admitting all the facts assumed by Great Britain, there does not appear to he 
 any solid reason for those exceptions. 
 
 The term " North-westernmost" necessarily implies a selection between at 
 [east the respective sources of two distinct branches. One of these might havi 
 received the exclusive designation of '-Main Connecticut;" and the source of the other 
 branch, if found to be the North-westernmost of the two, must «ecessarily have been 
 declared to be that intended by the treaty. In that case, the boundary declared to bt 
 from that head along the middle of the river, would have extended along the middh 
 of a branch that united with the other below the highest point, where this was known 
 by the distinguishing title of '■ Main Connecticut." And since the word "river" 
 clearly means there, as admitted by Great Britain, a certain branch of the river it is 
 not perceived on what ground it is pretended that the boundary line cannot extend 
 along that branch to the 45th degree of north latitude. 
 
 With respect to the last objection, it will only be added, that if the boundary from 
 Connecticut River, to the River St. Lawrence, shall be determined to be along the 
 15th parallel of North latitude, as ascertained by the late observations, Hall's Stream 
 will be found to unite itself with the main river above, and not below the intersection 
 of that parallel with the river; and that it will then, in that respect, be free of any 
 objection. 
 
 The obvious meaning of the word " river," as used in that clause of the treaty, 
 sufficiently refutes the assertion, " that no stream which joins the Connecticut River 
 below any point where the river is known by that distinctive appellation, can with 
 any propriety, or C07isistently with geographical practice, be assumed to be the 
 River Connecticut." But it is proper to observe that the geographical practice allud- 
 "d to, is not that which prevails in America. 
 
 In Europe, every tributary stream, or branch, of every river, has been for ao-es 
 almost universally known by a distinctive name. It is admitted that, although every 
 source of any such branch is in fact one of the sources of that portion of the main ri- 
 ver which flows below the mouth of such branch, the sources of a tributary stream, 
 which is known by a distinct name, would not, in common language, be considered 
 as the sources of the main river. It would be improper to designate the sources of 
 the Marne, by the name of " Northern sources of the Seine." And if the framers 
 of the treaty had defined a boundary in Europe, they would undoubtedly, in refer- 
 once to the branch or source of any river, have used, instead of such an expression 
 as "North-westernmost head," the specific and distinctive name by which the branch 
 was known. 
 
 But, in America, the upper branches of a river, when they are first discovered 
 and explored, are most commonly distinguished from each other, only by appellations 
 indicative of their course ; neither of them being exclusively designated as the main 
 river. Of this, numerous instances may be given, even in relation to rivers of con- 
 siderable magnitude, such as the West Branch of Susquehanna, the North Branch, 
 and the South Branch of the Potomac, &c. all of which arc to this day known by no 
 other names, (nn) The reports of the Surveyors under the late commission, and the Map 
 A, afford also several instances, with respect to branches which had till then been 
 unexplored; such as the North-west, the West, and the South-west branches of the 
 St. John, and the East, the West, and the North-west branches of the Penobscot, 
 neither branch of which last River is called the "Main Penobscot." 
 
 (nn) Pownall, pagrs 36 and 38 
 
84 
 
 fonii-wcstcrn- \^ n]av i )e confidently asserted, that, so far at least as relates to the yet uninhabii- 
 
 most bead of Coil- - J , 
 
 iccticui River. ed. parts of the country, and the geography of which is but imperfectly known, the 
 •words "sources" and "heads," as applied to the upper waters of a river, are. in 
 America, universally understood to embrace the sources of all its branches. 
 
 Thus, in a passage already quoted from Governor Pownall's Topographical Des- 
 cription ; "All the Heads of Kenebaëg, Penobskaé'g, and Passam-aquâda River, are 
 on the Height of the Land running East-north-east;*' the sources of all the tributary 
 streams of the Penobscot and of the other rivers therein mentioned, are evidently 
 included under the denomination of "All the Heads," &c. 
 
 The preceding observations may be illustrated by a supposed case, taken from 
 Map A. 
 
 It has already been observed, that the various upper branches of the River St. 
 John, have no other distinctive names but those of West, North-west, South-west 
 branch, &e. whilst one of them is exclusively distinguished by the name of "South 
 or Main Branch of the River St. John," and, in some of the Reports of the Survey- 
 ors, is called the "Main St. John." (o) 
 
 Supposing that the State of Maine should divide the territory on the River St. 
 John, into two districts, and should define the boundary, as "beginning at the South- 
 westernmost source of the River St. John, thence down along the middle of that Ri- 
 ver, to 46° 25' of North latitude, thence along the said parallel of latitude," &c. is 
 it not clear that, although the South-west unites with the South Branch of the river, 
 below the point where this is known by the name of Main St. John, and below the 
 point where it is intersected by the parallel of latitude above mentioned, the South- 
 westernmost head would nevertheless be understood to mean, the source of the South- 
 west Branch, at the point marked L, on the American Transcript of Map A? 
 
 In all the preceding observations, the facts assumed on the part of Great Britain 
 have been taken for granted. Her claim rests on the double assertion, that the Lake 
 branch of the Connecticut River was, at the date of the treaty of 17S3, known by the 
 distinctive name of " Main Connecticut;" and that this fact was known to the framers 
 of the Treaty. These ate questions of fact at issue: the United States are not 
 bound to prove a negative: the burden of the proof falls exclusively on Great Britain; 
 and the evidence which has been produced, so far from sustaining the assertions, 
 proves the reverse. 
 
 The grant to Dartmouth College, by the State of New Hampshire, would only 
 prove, that the distinctive appellation contended for was in use in the year 1789, or 
 about six years after the treaty. 
 
 The only other evidence adduced on the part of Great Britain, is contained in 
 the report of 'Dr. Tiarks, and although hearsay, ex-parte, and not taken on oath, will 
 nevertheless be admitted to its full extent, but not beyond that extent. 
 
 Mr. Tiarks was informed by all the persons that he had an opportunity of con- 
 sulting, that the river into which Indian Stream discharges itself, (the Lake branch,) 
 is commonly called Connecticut River, or sometimes the Main Connecticut River, to 
 distinguish ii from the other smaller streams, which have all particular well known 
 names; and that this river (the Lake branch) is never designated by the inhabitants, by the 
 name of the Eastern branch of the Connecticut River, or distinguished by any name but 
 ihose stated above. Mr. Tiarks collected that information in the month of October, 
 1820; and he refers particularly to Jeremiah Eames, Captain Eames, and John Hughs, 
 inhabitants of New Hampshire, who, as he says, have known that river and hunted 
 on it more than thirty years ago, and always lived in the vicinity. (/;) 
 
 (n) C. Campbell's and F. Odell's Reports. British Evidence, No. 10, pages 94 and 114. 
 (jd) Written Evidence, No. 56, and British Appendix, page 130. 
 
85 
 Thus nil the information that Mr. Tiarks could collect, in support ui' the British ''"'/"' ••yip 11 
 
 J * inosr head <»t ' im- 
 
 pretension, was, that the Lake Branch was called Connecticut, or the Main Con- necIlcut Riv<n '" 
 neeticut River, as early as the year 1790, that is to say, seven years subsequent to 
 the date of the treaty of 1TS3. 
 
 The information was received from those persons who, as hunters, are the earliest 
 exploratoire of the unsettled parts of the United States. And what renders Mr. Tiarks' 
 account decisive, to prove that the Lake Branch had not been explored by the Ame- 
 ricans, or at least was not called the Main Connecticut River, prior to the date to 
 which he refers, (1790) is that he had no difficulty in finding, and that he states the 
 name of Hall's Stream to be derived from a hunter of the name of Enoch Hall, that it. 
 had been generally known at least ever since the year 1780 by this name, and that a 
 gentleman had informed him that he heard the name in the year 1772. 
 
 This last information was perfectly correct. In a letter from John Collins, the 
 Surveyor appointed on the part of the Province of Quebec, to survey the division 
 line between that Province and that of New York, dated " Boundary on the Connec- 
 ticut, October 1st, 1772," he informs the Surveyor General of New York, that the 
 line terminated (on Connecticut River) two miles and five-eighths of a mile above the 
 mouth of Hail's Brook, ninety miles from Lake Champlain. (q) 
 
 Dr. Tiarks' silence, with respect to the time when the other streams, viz: Indian 
 Stream and Perry's Stream, first received their " particular well known names," is 
 a decisive proof that these names are of a later origin than the date of the Treaty. 
 They are all English, and could only have been given by American settlers. 
 
 Governor Pownall, who wrote in 1775, states the highest settlement up the river, 
 to be four miles above the Amanuseag, and about thirty miles South of the 45th par- 
 allel of North latitude, (r) The war with Great Britain, and, above all, the Indian 
 hostilities, necessarily prevented the progress of settlement, till after the restoration of 
 peace; and it is only subsequent to that epoch, that the upper branches of the river 
 could have been settled, explored, or distinguished, by specific names. 
 
 There is not a single map, published prior to the Treaty of 17S3, in which those 
 branches are laid down correctly. There is not a single one in which any trace can 
 be found of the Connecticut Lakes, which particularly characterize the branch pretend- 
 ed to have been known at that time by the name of ''Main Connecticut River." 
 
 C. R. Saulhier, one of the Surveyors who surveyed the boundary line between 
 the Provinces of Quebec and New York, published, in the year 1779, a large map of 
 the Province of New York, dedicated to Governor Tryon. In that map, which is 
 compiled from authentic documents, the Northern boundary of the Province is laid 
 down in exact conformity with the official survey of the line, (s) It will appear evi- 
 dent, on an inspection of the map, that the river had not been explored North of that 
 boundary; and that the stream there represented as the principal upper branch, is 
 Indian Stream. It is not improbable that this name was derived from the branch 
 being the usual Indian path to the River St. Lawrence, and that, on that account, its 
 position was better known than that of any of the other branches. Another remarka- 
 ble circumstance is, that the branch itself is, on the map, designated by the name of 
 "Head of Connecticut River." If this map, therefore, was consulted, either by Con- 
 gress in the year 1779, or by the framers of the Treaty of 1783, the inference seems 
 unavoidable, that it was thence that that expression was borrowed, and that no branch, 
 East of Indian Stream, was the head of Connecticut River contemplated in the in- 
 structions of Congress of August, 1779, or in the treaty. 
 
 The result of this inquiry, therefore, is, not only that no proof has been adduced, 
 
 (y) Written Evidence, No. 26, page 218. 
 (r) British Evidence, No. 40, page 294. 
 i ' j ») Topog-raphical Evidence. Surveys, No. 30, and Engraved Map, No 5'J 
 
 y 
 
Sfc 
 Notûi-wratem tna t t ] 1c j ja k e branch, or any other, was, at the time of the Treaty of 17S3, exelusive- 
 
 lUOSt bead ol Con- ^ 
 
 npcrtcQtBivor. jy distinguished by the name of Connecticut River, but that there is a strong proba- 
 bility, that another than the Lake branch was contemplated as the North-westernmost 
 head of Connecticut River. 
 
 The framers of the treaty could not, of course, have been acquainted with any dis- 
 tinctive name which was not in use, even in that part of the country, at the date of 
 the treaty. Rut it must be observed, that the special objection to Hall's Stream rests 
 on the supposition, that they knew that the main branch of the Connecticut River was 
 already then distinguished by that name, at a place more than two miles above the mouth 
 of that stream. And it is extremely improbable, that they should have been acquaint- 
 ed with that particular fact, the only proof of which was to be found in Sauthier's 
 Map, (/) and in the unpublished Reports of the Surveyors, who had surveyed the 
 boundary line, along the 45th parallel of North latitude, between the Provinces of 
 New York and Quebec. 
 
 If reference is had to Mitchell's Map, as the proper test of the intentions of the 
 framers of the treaty, it will be seen, that it only exhibits two main upper branches of 
 the Connecticut, without any distinctive name; neither of which, either from its size, 
 or from any other indication on the map, can be considered as exclusively entitled to 
 the designation of " the Connecticut River;" and that the negotiators, therefore, must 
 have intended, as the North-westernmost head of that river, that source which would 
 be found to lie North-west of any other, without any reference whatever to either of 
 the branches, to the exclusion of the other. 
 
 There has never been any doubt on the question in America. The State of New 
 Hampshire had the boundary surveyed in the year 1789, in conformity with the trea- 
 ty; (w) and it is laid down accordingly in Carrigan's Map, published in 1816, (v) as 
 well as in that of Hale, of a subsequent date; both of which have been adduced as evi- 
 dence on the part of Great Britain. It could not indeed have been expected, that 
 cither the source of the main branch of the river, as such, or the North-easternmost 
 head would ever be claimed as being the North-ivestcrnmost head of Connecticut 
 River intended by the treaty. 
 
 III. 
 
 BOUNDARY LINE FROM THE CONNECTICUT RIVER TO THE RIVER ST. LAWRENCE. 
 
 \ 11. 
 
 Boundary Line The British Statement, on this branch of difference, calls only for two observa- 
 
 IVom the Connec- . 
 ticut to the St. tlOIlS. 
 
 1. The Astronomer of the United States thought it his duty to suggest every 
 scientific consideration that appeared connected with the case: And their Agent, un- 
 der the late commission, performed his, in submitting to the board all the observations 
 which had thus been communicated to him. 
 
 The American Commissioner, for the reasons slated in his report, did not think 
 it proper to express, at that time, any opinion on the questions relating to the survey! 
 of any part of the boundary. The Government of the United States, without inquir- 
 ing for what purposes and in what cases the figure of the earth renders a correction 
 of the observed latitude necessary, concurs in the opinion, that the "geocentric lati- 
 tude" having never been admitted in geography, the observed latitude, according to 
 
 (/) Engraved Maps, No. 56. In this Map, Hall's is called Elm Stream. 
 
 (u) Written Evidence, No. 52. 
 
 (r) Topographical Evidence. Surveys, No. 28. 
 
cut to the St.Lav 
 
 icncc. 
 
 87 
 
 which the latitude of places has been universally laid down in every map, and inserted ^^.S 
 in every usual table heretofore published, can alone he appealed to in a question relating "" 
 to the construction of a treaty. 
 
 2. There will be no practical difficulty in ascertaining the ancient boundary line 
 if confirmed. It was surveyed as correctly as any of the other boundaries between 
 the different States, and as can generally be done with the compass through a forest 
 It is known though its whole extent, having been for near sixty years the acknowledg- 
 ed boundary between the Province, or State of New York, and Canada; and the line 
 which separates, from each other, the grants of land made in that quarter by the two 
 Governments, from the Connecticut to the River St. Lawrence. 
 
 All which is respectfully submitted by the Undersigned, Agents of the United 
 States in the negotiation, and upon the umpirage relating to the North-eastern boun- 
 dary of the said States. 
 
 ALBERT GALLATIN, 
 WILLIAM PITT PREBLE 
 
NOTES TO THE STATEMENT. 
 
 MADAWASKA FIEF. 
 
 Notes ^ tiie state [[ | )as | jeen stated, that the Madawaska Fief appears much larger on the British Trau- 
 
 Madawaska Fief SC "P* °^ ^ a P ^' than it really is. This error has its origin in the terms of the first con- 
 cession of the Fief, in the year 1683; (British Evidence, No. 13,) in which the Grant is for 
 three leagues, along each of the two banks of the River Madawaska, near the River St. 
 John, together with the lake called Cecemiscouata, and two leagues depth inland: whence 
 it has been concluded, that there were also two leagues depth granted, around the Lake 
 Temiscouata. But the Fief was sold, by virtue of a judgment in 1755, (British Evidence. 
 No. 17.) And according to the sale, the adjudication was for the Fief of Madawaska, as 
 containing three leagues in front, on each side of the river of the same name, by two leagues 
 in deptli, together with the whole extent of the Lake Cetemiscouata. In the Act of Faith 
 and Homage, by P. Claverie, for the said Fief, in 1756, it is described as being on the 
 river of the same name, situated near the River St. John, together with the Lake Cecemis- 
 couata, adjacent thereto, (ensemble le Lac Cecemiskouta y joignant,) and as containing 
 three leagues front, on each side of the said river of the same name, by two leagues iu 
 depth, not being able to state the extent of the said Lake Cecemiskouta. (British Evi- 
 dence, No. 18.) The same expressions had been already used, in the. Jlveii et Dénombre- 
 ment of the year 1723. (British Evidence, No. 16.) Again, in the receipt for the domains 
 and dues of the year 1756, the Fief is described as being on the river of the same name, 
 together with the Lake Cecemiskouta, adjacent to the said Fief of Madawaska, and con- 
 taining, &c. as in No. 18. (British Evidence, No. 19.) Finally, the Fief is described pre- 
 cisely in the same manner, in the Deed of Sale to James Murray, by the Representatives 
 of P. Claverie, of 20th July,1763. (British Evidence, No. 20.) Wnatever then may have 
 been the intent of the original concession of 1683, it is clear, that neither P. Claverie, nor 
 James Murray, nor the present owner who claims under him, can claim more than was sold 
 to the said Claverie, by the judicial sale of 1755, and by his representatives to J. Murray; 
 that is to say. three leagues front by two leagues depth, on each side of the River Mada- 
 waska, and the Lake Temiscouata, adjacent thereto, but without any land around the s.tid 
 lake. 
 
 B. 
 
 GOVERNOR POWNALL'S INFORMATION. 
 
 i" 
 
 Governor Fow Speaking of the height of land between the Rivers Kennebec and Chaudière (page 17), 
 
 he declares himself to be totally uninformed " of the nature and course of this highlaud in 
 these parts;" meaning clearly of the highland beyond that specified point, which he de- 
 signates with great precision. 
 
 The source of the Kennebec, with which he was acquainted, he states (page 22) to be in 
 ' ; the height of the land in North latitude 45° 20';" and the route which he had investigated 
 to be that of Arnold and his people. The map A will shew that the branch of Kennebec 
 to which he alludes, is the " Dead River," the source of which is in the above mentioned 
 latitude, and opposite to that branch of the Chaudière, now called ; < Arnold River," from 
 
S9 
 
 his march. "With the main north branch of the Kennebec, Governor Pownall was unac- Notest<)theS,!,te " 
 
 attainted : speaking of it, he says, " The North Branch is said (I speak not here from the 
 
 same degree of authority) to arise in and issue from a little pond,'" &c. And he does not nail. 
 
 even mention the largest and most remarkable lake of the whole country, viz: the Moose 
 
 Head, or Moose Lake. Ilis information, therefore, did not extend north of the Dead River, 
 
 which, through its whole course, as will be seen by Map A, is more than 50 miles south of 
 
 any part of the British line. 
 
 In relation to the Penobscot, he describes it correctly as high up as themoufh of the 
 Passadumkug River, (page 21.) With the same precision he states, the fork of two 
 Branches, two miles and a half above the south-east branch, being that called on Map A, 
 the Piscataquis River. With respect to the main or north branch, he only alludes to the 
 Madawamkeag Indian town, as being six miles higher up, and speaks of the river as com- 
 ing to this place, south-east about 16 miles from some ponds, whence it takes its source. 
 This must be the Matawamkeg River ; and his information went no farther. He was 
 entirely unacquainted with even the existence of the Main Penobscot, which extends thence, 
 near ninety miles to its north-westernmost source, and with its main east branch, which 
 runs northerly near 50 miles. 
 
 C. 
 
 SURVEYS UNDER THE LATE COMMISSION. 
 
 The line, drawn due north from the source of the River St. Croix, was surveyed dur- 
 ing the vears 1817 and 1818; viz: the first 99 miles as far as the Rivtr Ristigouche, in 
 
 '-' Surveys und^i 
 
 1817, bv the British Surveyor, Mr. Bouchette, and the American Surveyor, Mr. Johnson; the late commis- 
 and the remainder to its termination on Beaver Stream, a tributary of the River St. Law-' 
 rence, 146 miles from its commencement, in 1818, by Mr. Johnson and the British Sur- 
 veyor, Mr. Odell. (Reports — British Appendix, No. 10, pages 51, 54, 72, 77. Ameri- 
 can Appendix, No. 56, pages 404, 405, 406. Surveys, Nos. 1, 2, 3, 4, and 27.) 
 
 The northern extremity of the due north line, was again examined in 1820, by the 
 British Astronomer, Dr. Tiarks, and the American Surveyor, Mr. Burnham. (Reports — 
 British Appendix, pages 121 and 135.) And Mars' Hill, on the line, was again visited in 
 1819. by Mr. Odell, and by the American Surveyor, Mr. Partridge. (Reports — British 
 Appendix, pages 88 and 96. American Appendix, pages 410 and 413. Survey, No. 5.) 
 
 Mr. Johnson visited, also, in 1818, Green Mountain, west of the due north line, and 
 the Temiscouata Portage: which last place was also examined by Mr. Partridge, in 1819. 
 (Reports — British Appendix, pages 77 and 95. American Appendix, pages 406 and 413. 
 Surveys, Nos. 3 and 5.) 
 
 In the vear 1819, Mr. Partridge and Mr. Odell ascended the River Ristook as high 
 as its forks, and returned without having accomplished their object, which was to pene- 
 trate to the British line. (Reports — British Appendix, pages 97 and 89. American Ap- 
 pendix, page 410. Surveys, Nos. 6 and 7.) 
 
 In the same year, the American Surveyor, Mr. Hunter, ascended the River Aliguash 
 to its source, crossed the British line at the Umbazucksus Portage, ascended the north- 
 west branch of the I'enobscot, from the Chesumcook Lake to its source, and descended 
 the River to its confluence with the Matawamkeag. (Reports — British Appendix, page 
 106. American Appendix, page 414. Surveys, Nos. 8, 9, and 10.) 
 
 In the same year, the British Surveyor, Mr. Campbell, from the Schoodic proceeded 
 to the Matawamkeag, thence, some distance up the Penobscot, and visited Mount Cathadin. 
 (Reports— British Appendix, page 90. American Appendix, page 411.) Mr. Odell, and 
 the American Surveyor, Mr. Loring, visited the same mountain, in 1820, and, proceeding 
 up the Penobscot, crossed the British line at the Umbazucksus Portage, but went no further 
 ihan the Aphmoogene Lake, on the River Aliguash. The same portage was again visited, 
 the same year, by Mr. Campbell, who, thence, descended the Aliguash to its mouth. (Re- 
 ports—British Appendix, pages 113, 146, and 119. American Appendix, pages 416, 423, 
 anu 417. No Survey but that of Mr. Loring, Nos. 16 and 17.) 
 
90 
 
 Notes to ihe State- [ n 1820, the American Surveyor, Mr. Hunter, and the British Surveyor, Mr. Loss, 
 ment. " J ' 
 ascended the River St. John to the sources of its west branch, and within ten miles of the 
 
 tin- i.'u/'o.mMii's- source of its main south branch; when ascending a small south-west branch to its source, 
 thej crossed the British line to the Penobscot, by a portage, situated six miles east of the 
 point L, on the American Transcript of Map A, where the conflicting lines meet. (Re- 
 ports — British Appendix, pages 144 and 124. American Appendix, pages 421 and 422. 
 Surveys, Nos. 19 and 20.) 
 
 The Metjarmette Portage, where the two conflicting lines meet, was surveyed the 
 same year, by Mr. Burnham, and the British Surveyor, Mr. Carlile. (Reports — British 
 Appendix, pages 139 and 134. American Appendix, pages 419 and 420. Surveys, Nos. 
 25 and 26.) 
 
 In the same year, Mr. Campbell explored a portion of the highlands, acknowledged as 
 such by both parties, several of the upper waters, and particularly the south-western 
 branch of the River Penobscot. (Reports — British Appendix, pages 93 and 116. Ame- 
 rican Appendix, pages 412 and 417. Surveys, Campbell's Sketch, No. 18.) And Mr. 
 Odell ascended the Penobscot, to the sources of its northern and western branches, and 
 crossing the British line, at the same portage which had been examined by Messrs. Hunter 
 
 and Loss, descended the Main St. John, to where it crosses the due north line. (Reports 
 
 British Appendix, page 115. American Appendix, page 416.) 
 
 On the American line, the Tuladi and Green River Portages were examined the saint 
 year, by Messrs. Burnham and Tiarks, and that of the River Ouelle by Messrs. Burnham 
 and Carlile. (Repcrts — British Appendix, pages 136, 122, and 134. American Appen- 
 dix, pages 418, and 420. Surveys, Nos. 13, 14, 15, 23, and 24.) 
 
 All the other Surveyors' Reports and Surveys relate to the highlands, from the 
 sources of the Kennebec to those of the Connecticut, and to the upper branches of the last 
 mentioned river. 
 
 The line, drawn due north from tke source of the River St. Croix, rises gradually in 
 its northerly course. At 40 miles from the said source, it passes along the eastern basis 
 of Mars' Hill, where its elevation above the surface of the River St. John, six miles dis- 
 tant, is stated at 523 feet. 
 
 According to the section of Mars' Hill, given by Mr. Partridge, its two peaks, about 
 one mile west of the due north line, are 1,363 and 1,504 feet, respectively, above the 
 River St. John. The two American Surveyors represent it as an insulated eminence, or 
 totally disconnected with any other range of heights. Mr. Johnson adds, that the adjacent 
 country is low and swampy, though considerably elevated above the waters of the St. 
 John. The British Surveyor, Mr. Odell, is silent as to the immediately adjacent grounds 
 to the west of the hill, except that he speaks of indescribable («•) ridges, which, viewed from 
 Mars' Hill, appear to rise, generally, from the foot of that hill, towards the south-west. 
 
 About 60 miles north of Mars' Hill, the north line, after having crossed the River St. 
 John, reaches the highlands which divide the waters of that river from those of the Risti- 
 gouche. Mr. Johnson says, that this ridge, which is called Sugar Mountain, is evidently 
 the highest land on the line from the source of the St. Croix to that place. This is con- 
 firmed by Mr. Bouchette's vertical section, by which it appears that this mountain (north 
 of the River St. John) is more than 500 feet higher than the highest peak of Mars" Hill, or 
 more than 2,000 feet above the surface of the River St. John. 
 
 At the distance of 132 miles from the source of the River St. Croix, the north line 
 reaches the summit of a ridge which forms the north bank of the Grande Fourche of the 
 River Ristigouche. This, according to Mr. Odell, has the appearance of being the hi;>he-> 
 point intersected by the line north of the last mentioned highland; and, according to Mr, 
 Johnson, it is the highest of any, either north or south of it, in the whole line. 
 
 Proceeding north, the land continues high, but descending moderately about 12 miles, 
 to the point which divides the waters of the Ristigouche from those which fall into the 
 
 (w) Yet he lias made a ground plan of those very ridges, which lie saw from Mars' Hill, and which 
 seen thence, were, as he calls them, Indeserib'aUe. See his Map— Surveys, No. 7, 
 
■Jl 
 
 River St. Lawrence, and which is claimed by the United States as die North-west Angle Nc(t "';,' 
 of Nova Scotia. 
 
 It must be observed that, at Coat time, it was hoped by the British Agents, that there the lato commis- 
 would be found, from Mars' Hill to the sources of the Chaudière, a continuous chain of 
 high and conspicuous mountains. And. on that account, Mr. Odell considered the table 
 land, which extends from the summit of the banks of the Grande Fourche (at 132 miles) 
 to that of Beaver Creek, as not entitled to the designation of " Highlands."' 
 
 But, making every due allowance for the slight differences between the statements of 
 the two surveyors, it appears clearly that the dividing ridge, at about 144 miles from the 
 River St. Croix, the (point A on map A,) is somewhat, but not much, lower than the ridge 
 at 132 miles, presumed to be the highest spot on the whole line; and that its elevation may 
 therefore be estimated, so far as a survey, without an accompanying section of the line, 
 may be relied upon, at about 2,01)0 feet above the level of the sea. 
 
 At a distance of about 70 miles, in a course South of West, is found the Temiscouata 
 Portage, the road across which intersects the dividing Highlands in several places. It has 
 been travelled over by several of the Surveyors, and Mr. Partridge, who made a series ol 
 barometrical and thermometrical observations, from high water mark at St. Andre across 
 to Lake Temiscouata, gives the following table of altitudes above the tide water of the 
 St. Lawrence at St. Andre, viz: 
 
 C Grande Fourche Mountain, - - - 1336 
 
 Grand Portage, <J Paridis Mountain - 1309 
 
 ^ Biar Mountain 13£0 
 
 Of the mountainous character of that part of the country, in the sense attached to that 
 term in the British Statement, there can be no doubt; and it will be perceived that the seve- 
 ral rido-es crossed by the road have specific names, and are all called " mountains." 
 
 But the United States had no motive to ascertain either the elevation or character of 
 the highlands claimed on their part as the boundary; and the American Surveyors appear, 
 n-enerally, to have been more intent in discovering the greatest depressions of that ridge, 
 than in seekin" for proofs of its general elevation; since, in almost every instance, they 
 selected for objects of investigation the well known Indian portages or carrying places, 
 which must be, and are invariably, those along the ridge, that separates from each other 
 the sources of streams flowing in different directions, which are both the shortest and 
 the least elevated. 
 
 The character of two of the lowest of those gaps or depressions, the Tuladi and Green 
 River Portages, has already been given in the text, and is described at large in Dr. Tiarks' 
 report. But, since it is declared in the British Statement that " It is of course not pre- 
 tended, on the part of Great Britain, that, in order to support the character which she as- 
 signs to the term highlands, those highlands should present an absolutely unbroken and 
 continuous ridge, without the intervention of valley or swamp," we will ask, in what re- 
 spect the highlands, from the North-west angle of Nova Scotia claimed by the United 
 States, to the Western extremity of the Temiscouata Portage, differ from "highlands" of 
 the character which Great Britain assigns to that term? 
 
 With respect to the British line, along which, from Mars' Hill to the Metjarmette Port- 
 age, where it meets the American line, two places only have been examined, that called 
 the Umbazucksus or Aliguash Portage is about 75 miles West of Mars' Hill, in a straight 
 line. 
 
 Mr. Odell describes the Umbazucksus as a small stream, which takes its rise in a pond 
 of the same name. He states that, " From Umbazucksus Pond, there is a portage of two 
 miles to Pongum Gamook or Mud Lake, the first St. John water: this lake is about three 
 miles long, and nearly one in breadth, but very shoal, with a soft muddy bottom, and co- 
 vered with pond lilies; the land immediately around the lake swampy." But both he and 
 Mr. Campbell are silent as to the nature of the ground across the portage. Mr. Hunter 
 describes it as nearly level and marshy, and Mr. Loring states that the highest point is 
 52 feet above the surface of the Chesumcook Lake. 
 
 The other place, which is only six miles east of the Metjarmette Portage, is that which 
 was surveyed by Mr. Hunter and Mr. Loss. It is described by Mr. Odell as being all bog 
 
92 
 
 Notesto the State- an( j swamp, except about half a mile, where the ground is a little more elevated; and the 
 
 mon!. l r n 
 
 description by both Mr. Hunter and Mr. Loss is the same in substance. 
 
 itie late Commis- The Metjai mette, which is an Indian portage, is at the Western extremity of the Bri- 
 
 tish line, and common to both lines, being the place where the South-west branch of the 
 River St. John, the North-westernmost branch of the Penobscot, and the Metjarmette, one 
 of the tributary streams of the River Chaudière, (which falls into the River St. Lawrence,) 
 have their sources. There is a mountain about three miles East of the portage; but the 
 portage itself is of the same character with those of the Rivers Tuladi and Quelle. 
 
 The River Metjarmette, Mr. Carlile says, commences in a swamp; the source of one 
 of the branches of the Penobscot is in the same swamp: one half mile East there is a di- 
 vision of the waters of the St. John and Penobscot Rivers, in some marshy ground. — (Bri- 
 tish Appendix, page 134, ami American Appendix, page 420.) 
 
 Between that portage and Mars' Hill, no other place but the two above mentioned port- 
 ages has been surveyed along the British line; nor did any of the surveyors visit a single 
 one of the mountains delineated on that line in the British Transcript of the map A. 
 
 The country between Mars' Hill and the Umbazucksus Portage was approached only 
 in two places — Mount Cathadin on the South, and a hill on the bank of the River Ristook 
 on the North; both about 25 miles distant from the British line. 
 
 If we trace, on map A, the country within the following bounds, viz: from the River 
 St. Croix West to the Penobscot; up this river, through the Chesumcook Lake, to the 
 Umbazucksus Portage; thence, through the Aphmogene Lake, down the Aliguash River, 
 to its mouth, and down the River St. John to the place where it is intersected by the due 
 North line; and thence South, along the said line, to the source of the River St. Croix* 
 the boundaries thus described designate the explorations made by the surveyors, within 
 which, with the exception of the partial survey of the Ristook River and the ascent of 
 Mount Katahdin, not a single spot appears from the surveys to have been explored or visit- 
 ed by any of the Surveyors under the late commission. 
 
 There is not, amongst all their surveys, any other evidence of the mountains within 
 that tract of country, which are laid down in the British Transcript of map A, than Mr. 
 Campbell's Sketch (No. 18) and the views taken by Mr. Odell from Mars' Hill and from 
 Park's Place, which is situated near, and East of, the due North line, and about 25 miles 
 South of Mars' Hill. 
 
 Mr. Odell might, if he had thought it proper, have laid before the Commissioners a 
 sketch of the perspective view of the hills, which appeared to him to terminate the horizon, 
 as seen from any of his stations, in the same manner as navigators annex to their charts 
 views of the land as seen from some point, or as the views or appearances of mountains, or 
 of any landscape, are inserted in books of travels. But this is, it is believed, the first time 
 that it has been attempted to convert the distant appearance of either ridges or detached 
 hills, seen from one or two points, into an actual survey, or ground plan, of an extensive 
 tract of country, such as has been incorporated by Mr. Odell in his real survey of a single 
 river, (of the Ristook, So. 7.) 
 
 This tract of country not having been at all explored, was left a blank in map A, and it 
 has not been filled in the American Transcript ; though, -judging from analogy, it may be 
 considered as certain, that it is intersected throughout by branches of the Penobscot and 
 of the Ristook, the sourws of which are not probably, in any instance, farther than one 
 mile apart. And, as these were necessarily concealed from Mr. Odell's view by the in- 
 tervening hills and forest, he has omitted them altogether, giving to the whole the fallacious 
 appearance of an extensive highland, with scattered peaks. 
 
 It is not to this moment understood, on what fact, which could possibly have sustained 
 that plan or map, it. was intended to examine Mr. Odell on oath. He could only have 
 stated what was already in proof, viz: that he did believe that the hills which he had not 
 surveyed or visited, but only seen at a distance, lay in the manner represented on that 
 plan; and the peremptory objection would hive still remained unanswered, that the posi- 
 tion assigne.l by him 'o those hills on the plan, was not a fact, but only an inference or 
 conjecture, the correctness of which it was impossible for any human being to affirm. 
 
93 
 
 - 
 
 mem. 
 
 Mr. Campbell's Sketch embraces both a certain portion of country, lying on some of tiie N "'' 
 upper Western branches of the Penobscot, which he had explored, and the whole of the conn- gurvey ~ ; ,i.r tin 
 
 try adjacent to the British line, as far East as the due Nortli line, which he had not visited. His hl> ' 
 
 slutch of tins last portion, which is by far the greater part of the whole, is evidently entitled 
 to no credit whatever. His view appears to have been taken from a station near one of 
 the sources of the Penobscot, at least one hundred miles distant from Mars' Hill, which 
 he thought he could distinguish by its two peaks, the elevation of which does not differ 
 two hundred feet one from the other. If lie was not mistaken, the absolute height of 
 Mars' Hill being but about 1,500 feet above the level of the sea, and its distance from 
 the observer one hundred miles, the whole of the intervening country, along the British 
 line, through nearly its whole extent, must be comparatively a valley. 
 
 It is to be regretted that, instead of a rough, and as will appear by map A, a very in 
 correct sketch, Mr. Campbell had not, as the other Surveyors, annexed to his Reports a 
 correct plan of the ground which he had actually explored. 
 
 It appears that, having reached the height of land in which the Kennebec takes its 
 source, he proceeded about 22 miles along the highlands, acknowledged as such by both 
 parties, having crossed the Drover's Road (the " Image" on map A) at four miles, and 
 found at eleven miles the sources of a branch of the Penobscot, and of one of the Chaudière, 
 less than one mile apart. So strong was the erroneous impression under which the Bri- 
 tish A"ent and Surveyors acted, that, forgetting that the division of waters was the essen- 
 tial condition attached to the highlands described by the treaty, and ever in search ol 
 elevated ridges in the direction of the British line, Mr. Campbell being then ten or twelve 
 miles South of the point where the conflicting lines meet, left the true highlands, acknow- 
 ledged as such by both parties, the moment he found they became less elevated. Their 
 acknowledged continuation to the Metjannette Portage, is designated on his Sketch as 
 " low land;" and he considered as " the main" a broken Easterly ridge, on account of its 
 favorable direction and mountainous character. He pursued this and describes it as 
 follows, viz: 
 
 " At about 22 miles the main ndgc assumed a different appearance and shape, but 
 continues nearly the same course. Instead of a regular ridge as heretofore, running 
 straight, there is now a succession of high mountains and ridges, some of them two and 
 three miles in length, lying East-north-east and West-south-west, and some of them East 
 and West, and a number of detached hills and mountains on either side, at two, four, and 
 even six miles distance from the main ones; among which are ponds and small lakes, with 
 outlets or streams, some running to the North and others to the South, taking their rise in 
 the neighboring hills, and running through the intermediate valleys: at the same time a 
 North-east course, by magnet, intersects most of the highest peaks." 
 
 That this succession of high mountains and ridges lay South of the British line, is 
 proved beyond doubt. For after having pursued it in an East-north-east direction about 
 15 miles, (35 to 40 from his place of beginning,) and having ascended a branch of the Penob- 
 scot, he followed it down stream about eight miles, till he "came to the main branch of 
 the Penobscot, running South-west to South-east.: and, at about one and a half miles 
 further, runs East between two hard wood \n\h, forming part of t lie main chain or North- 
 cast n'cAge." (British Appendix, page 94. American Appendix, page 413.) 
 
 W est of the Umbazucksus Portage, the Western branch of the Penobscot was explored 
 by Mr. Campbell, to its source, for what purpose is not perceived, and the main Nortli 
 or North-west branch appears also to have been explored to its source by Mr.Odell, though 
 he makes no mention of the Metjarmette Portage, nor of any other point on the British line, 
 but the portage examined by Messrs. Hunter and Loss, which he crossed on his return 
 down the St. John. 
 
 He does not appear to have ascended two Northerly tributary streams of the West 
 branch of the Penobscot, viz.: the Black River and Chcseboo, both of which head opposite 
 the sources of two Southern branches of the St. John, although both were within his reach, 
 and apparently rot exceeding ten miles in length. He nevertheless mentions what he calls 
 the " Guaspempsistuc Mountains," which he saw from three different places, as lying 
 
 a a 
 
9.4 
 
 :i between the head of the Cheseboo and the main South branch of the St. John. For the 
 
 ment. 
 
 reasons already stated, it is impossible that he couid have ascertained their true posi- 
 3urveya under llie J . i » i ■ . 
 
 laie Commission. tj on; am j Mr. Campbell, alluding certainly to the Cheseboo, (British Appendix, page 118; 
 American Appendix, page 41T,) states from hearsay information, that the portage between 
 its source, and that of the St, John, is through a heath bog, surrounded by part of the same 
 " main ridge"' that he had before traced. Besides this, there is on the British Transcript 
 of Map A, on the portage between the source of the Black River and the opposite South- 
 erly branch of the St. John, a range of hills called Quacurogamooksis Mountains, the 
 authority for which has not been discovered in the reports of the Surveyors. 
 
 In addition to what has been mentioned in the text, respecting the character ot the 
 highlands between the sources of the Kennebec and those of the Connecticut, it may be 
 added that, according to Dr. Tiarks* Survey of the upper branches of the last mentioned 
 river, (No. 12.) there is no apparent difference between the character of that height of 
 land, and that of the portages on the American line which he had examined; the ridges 
 which he has delineated being parallel to the branches of the Connecticut, instead of run- 
 ning between their sources and those of the tributary streams of the St. Lawrence. 
 
 It is not intended by any thing that precedes,, either to admit or to deny the existence 
 of mountains or elevations in the vicinity of the British line. It is only intended to affirm, 
 that the evidence adduced in that respect is wholly insufficient. And it must be repeated, 
 that, although the United States cannot acknowledge as true an assertion which is not 
 proved, they may admit, without its affecting in any degree their right to the contested 
 territory, that the country through which the British line passes, is more elevated or is 
 better entitled than the highlands designated by the treaty, to the character of a "gene- 
 rally mountainous country,"' in the sense ascribed to those terms in the British Statement. 
 
 It may, at the same time, be observed, that the situation of the highest mountains in 
 that district of country, is entirely different from that of the dividing highlands claimed by 
 cither Great Britain or the United State?. A succession of insulated mountains or irre- 
 "ular ridges of a greater elevatian than any other, either in New England, or in the United 
 States, East of the Stony Mountains, may be traced from the '• White Hills," within sixty 
 miles of the sea coast, extending in a North-east direction to '• Mount Kathadin," situated 
 between the two main branches of the Penobscot. The elevation of the White Hills above 
 the level of the sea, (v) is ascertained, and exceeds seven thousand; that of Mount Katha- 
 din, is presumed to be near five thousand feet. The intervening very elevated and moun- 
 tainous country, is intersected by the Penobscot, the Kennebec and their numerous tribu- 
 tary streams. A spur, known by the name of Kathadin Clump, extends Northwardly 
 perhaps to some much lower mountains North of the sources of the Ristoook, which Mr. 
 Greenleaf intended to include within his "mountainous part of Maine." The highest 
 ascertained point on any of the highlands claimed by either party, is the place called 
 •• Image*' on Map A. and is hardly more than 2000 feet above the level of the sea. 
 
 MR. GALLATIN'S LETTER OF DECEMBER 25, IS2 I 
 
 ,, , , . . In that part of Mr. Gallatin's confidential latter, which relates to the North-eastern 
 
 jer,^ofS5tii D «- Boundary, his object was to communicate the impression under which he was, that the 
 Government of Great Britain did not intend seriously to assert its pretended claim, but 
 had advanced it for the purpose of procuring with more facility an exchange of territory. 
 Aware that the United States could not voluntarily cede or exchange (unless found to be. 
 according to the original treaty of 1783, within the dominions of a Foreign Power.) any 
 part of a State, he tried to remove the objection to an exchange, by asserting that the dis- 
 trict in question, was not within the bounds of the State of Massachusetts, (now Maine.) 
 
 (t) Written Evidence, No. 45. 
 
95 
 
 It has been shewn, in tlic most conclusive manner, in the First American Statement, xoioswtiicSiai 
 
 7 llll'li! 
 
 that he was completely mistaken in that respect. But the manner in which (he subject had 
 been first presented, and the subsequent observations of the British Commissioners, justified '« 
 his belief, that they had no faith in the alleged right of Great Britain, and were simply 
 desirous of obtaining a cession for an equivalent. 
 
 An apology might perhaps be due, for having ascribed to the British Government an 
 unsound argument, which, it is hardly necessary to observe, was nothing more than the 
 untenable assertion, that the Gulf of St. Lawrence is not a part of the Atlantic Ocean. 
 Mr. Gallatin had then no other knowledge of a question for the first time presented as 
 doubtful, than what was derived from the treaty, and from maps in common use. After 
 the most thorough investigation, he must say, that the preposterous reasoning, to which he 
 thought Great Britain would perhaps be obliged to resort, does not appear to him much 
 worse than any of the arguments, which have been since alleged to sustain her extraordi- 
 nary claim. 
 
 E. 
 
 ENGRAVED MAPS. 
 
 Nos. 1 to 39, are principally intended to shew the understanding which prevailed prioi 
 to the date of the treaty of 1783, respecting the boundary lines of the British Provinces, as 
 laid down by the Proclamation of 1763, and other public acts of Great Britain, and respect- 
 ing the boundaries of the United States, as described by the treaty. 
 
 Nos. 40, 45, 51, 52, 54, 55, 56, and 57, are quoted in the American Statement. 
 No. 42, is the supplement of No. 40. Having adduced in evidence Mr. Bouchette's 
 Map. No. 40, it was not deemed proper to omit his other maps, Nos. 41 and 43; in the 
 first of which the British line is laid down along Mr. Holland's presumed highlands, and 
 the two ridges or highlands respectively claimed by both parties, are also delineated. In 
 No. 43, the due North line from the sourcce of the River St. Croix, extends to the high- 
 lands claimed by the United States. 
 
 No. 44, is principally intended to shew the subdivisions of the Province of New Bruns- 
 wick, and its reputed boundaries, which do not differ materially from those laid down in 
 map No. 45. The boundary line between the United States and Lower Canada, is laid 
 down along Mr. Holland's presumed highlands. 
 
 Nos. 46 and 47, of the years 1755 and 1775, are evidently the same map, withom 
 any alteration as to the boundaries. No. 46 has been inserted to corroborate the facts 
 proved by Mitchell's Map, that in 1755 the boundaries of Nova Scotia and of New Eng- 
 land were understood by Great Britain to extend to the River St. Lawrence, and that the 
 course and extent of the Western and Northern branches of the River St. John, were 
 generally known. No. 47 has been inserted only not to omit any map bearing that date; 
 but it proves nothing, as the boundaries prescribed by the Proclamation of 1763, are not 
 laid down in it. 
 
 No. 48, published in 1760, corroborates the manner in which the boundaries of Nova 
 Scotia and New England were understood at that time, and also, that the terms ''land's 
 height" and " highlands.'* were then used in that part of the country as synonymous. 
 
 Nos. 49 and 50, illustrate what has been stated respecting the line which is presum- 
 ed to divide the River from the Gulf of St. Lawrence. No. 50 also shews, that the West- 
 ern extremity of Bay des Chaleurs, or entrance of the River Ristigouche, is only ten miles 
 from the dividing highlands, there called " Albany Ridge." or "Notre Dame Mountains." 
 
 No. 53, is that 'if the Middle British Colonies, annexed to, and illustrating Governor 
 Pownall's Topographical Description, quoted in their Statements by both parties. 
 
 In map No. 54, quoted in the Statement for another purpose, will be found '• High- 
 land County," so called, a- it would seem, on account of the high land in which rivers 
 have their source , which flow in three different directions, viz : East, to the Scioto: South, 
 t?> the Ohio: and West, to the Little Miami. 
 
 ment. 
 Mr.GiUlatin'H Let 
 
 r of 2 ■!! [>< 
 1S14 
 
 i I'g-n - 1 '! 
 
Notes to tlicStaiu- 
 intMit. 
 
 Adolphus's. 
 
 History. 
 
 96 
 
 r. 
 ADOLPHUS'S HISTORY. 
 
 For what purpose Adolphus's History has been produced, unless it was in order to in- 
 flict on the officers of the American Government the penalty of reading the work, is alto- 
 gether unintelligible. The only paragraphs of the Chapter inserted in the British Appen- 
 dix, which relate to America, are the following : 
 
 " The general impatience for peace in England was founded on a despair of success 
 in the principal object of the war, the reduction of America, and a conviction that the 
 whole force of the nation was insufficient to resist the career of the enemy in other quar- 
 ters. Success would have given a new impulse to popular energy, and frustrated the 
 long labors of an almost successful opposition ; but fortune declared against Lord No'th, 
 and the hasty combination of heterogeneous parties, and their vigorous and persevering 
 assaults on the Cabinet, impeded every measure for preventing, and sanctioned the pro- 
 position for conceding, the Independence of America." 1 ' 
 
 "After the surrender of Lord Cornwallis, the attainment of this object by force ap- 
 peared no more certain than at any previous period. The resources of America were ex- 
 hausted, the long interruption of commerce produced a lamentable want of all necessaries, 
 a want felt from the highest to the lowest classes throughout the Colonies. No art or co- 
 ercion could give circulation to the paper currency ; and not only the friends of Great 
 Britain, but the warmest adherents of America, considered the maintenance of the Army 
 for another year, and still more the establishment of Independency, as utterly impossible, 
 and hardly desirable.* Sir Henry Clinton himself, after the surrender of Lord Corn- 
 wallis, forwarded an assurance to Administration, that with a reinforcement of ten thou- 
 sand men, he would be responsible for the conquest of America ;t but before this offer 
 could be made, the Ministers, who alone could be expected to give it effect, were shaken ; 
 a new system was adopted, active hostilities were no more to be pursued, and Sir Henry 
 Clinton being allowed to retire, was replaced by Sir Guy Carleton." 
 
 Those passages are a fair specimen of the information, impartiality, and intellect of 
 the author. 
 
 It was after the surrender of Lord Cornwallis, when the only difficulty in maintain- 
 ing the Army arose from a conviction that the contest was at an end, and any further 
 effort unnecessary, that the warmest adherents of America considered, as Mr. Adolphus 
 asserts, the establishment of Independency, as utterly impossible, and hardly desirable. 
 His authority for that assertion is that of an unfortunate American, who was compelled to 
 banish himself from his own country. And he has no other than what must have truly 
 been very private information, for the singular offer which he ascribes to a cautious Gene- 
 ral, whom his own experience could not have rendered very sanguine of success. 
 
 We protest against any attempt that may be made to adduce in any shape Mr Adol- 
 phus's History, as competent evidence. There is no fact relating to the contest or nego- 
 tiations of Great Britain with America, alluded to in that work, of which authentic evi- 
 dence might not have been found in the Archives of the British Government, or been ob- 
 tained, according to the Convention of 182", from the Government of the United States, 
 
 • "Silas Dean's intercepted letters." 
 ■v ««From private information." 
 
JàlPIWlfMSS 
 
 THE TWO STATEMENTS 
 
 ON THE PART OF 
 
 wmm wmE^mw §wM,wmw? 
 
 RESPECTING 
 
 THE DISPUTED FOINTS OF BOUNDARY 
 
 THE UNITED STATES AND GREAT BRITAIN; 
 
 REFERRED TO 
 
 HIS MAJESTY, THE KING OF THE NETHERLANDS, 
 
 FOR HIS DECISION THEREON. 
 
 WRITTEN AND PRINTED EVIDENCE ADDUCED ON THE PART OF THE 
 
 UNITED STATES, 
 
TOPOGRAPHICAL EVIDENCE 
 
 ANNEXED 
 
 TO THE FIRST STATEMENT. 
 
 A. Map A, annexed to the Convention of 29th September, 1827. 
 
 B. Mitchell's Map of North America, annexed to the said Convention. 
 
 C. American Transcript of Map A. 
 
 D. Atlas of the Surveys, &c. annexed to the Report of the American Commissioner, under 
 I'd s the 5th Article of the Treaty of Ghent, collated with the British Atlas, with the 
 %~-\ notes of discrepancies, viz: 
 
 SO" 
 
 §•*< 
 
 1. Mr. Johnson's Survey of the line north from the St. Croix, in 1817. 
 
 2. Col. Bouchette's Survey of the same line, 1817. 
 
 3. Mr. Johnson's further Survey of the north line and adjacent country, in 1S18. 
 
 4. Mr. Udell's further Survey of the north line. 
 
 5. Capt. Partridge's section of the country from Point Levi to Hallowell, Maine, in 1819. 
 
 of different heights through the Grand Portage, 
 of Madawaska and St. John rivers, 
 of Mars' Hill. 
 li. Survey of the Restook section of the same, and of Mars' Hill. 
 
 7. Mr. Odell's Survey of the Restook, with a Sketch of the Country as viewed from Mars" 
 
 Hill, and the vicinity of the Houlton Plantation. 
 
 8. Mr. Hunter's Survey of the Aliguash River. 
 
 9. of the Penobscot, first part. 
 
 10. of the Penobscot, second part. 
 
 11. Mr. Burnliam's Survey of the branches of Connecticut River. 
 
 12. Dr. Tiarks' Survey of Connecticut River, and its tributary streams. 
 
 13. Mr. Burnliam's Survey of Meemkeswee and Green rivers, and Beaver Stream 
 
 14. of Tuladie River and Grand Portage. 
 
 15. Dr. Tiarks' Survey of Tuladie and Green rivers. 
 
 16. Mr. Loring's Survey of Penobscot River. 
 
 17. of Moese River. 
 
 18. Mr. Campbell's Sketch of the height of land annexed to Mr. Odell's report of the Sur- 
 
 vey of 1819. 
 
 19. Mr. Hunter's Survey of the River St. John. 
 
 20. Mr. Loss' Survey of the River St. John. 
 
 21. Mr. Partridge's Survey of the Chaudière, the source of the Dead River, and the east 
 
 branch of the Connecticut. 
 
 22. Mr. Carlile's Survey of the head waters of Chaudière and Kennebec rivers. 
 
 23. Mr. BurnhamV Survey of the River Ouelle, and of the source of the Black River. 
 
 24. Mr. Carlile's Survey of the same rivers. 
 
 25. Mr. Burnliam's Survey of the sources of the Metjarmette, Penobscot, and St. John 
 
 rivers. 
 
 26. Mr. Carlile's Survey of the same sources. 
 
 27. Col. Bouchette's barometrical section of the line north from the St. Croix. 
 
 28. Extract from Carrigan's Map of New Hampshire. 
 
 Mitchell's Map of Connecticut River. 
 Col. Bouçhette concerning the parallel line. 
 
 29. Extract from Mitchell's Map, as first filed by the British Agent. 
 
 SO. Plan of the former Survey of the latitude of forty-five degrees north, in 1774. 
 
IV 
 
 E. Engraved Maps produced by the United States, viz. 
 
 No. 
 
 1. T. Kitchin's British Dominions in North America, &c. Engraved for Dodsley's 
 
 Animal Register, of -------- 1763 
 
 2. T. Kitchin's British Dominions in North America, &x. Engraved forCapt. John 
 
 Knox's History of the War in America, London, - - - 1769 
 
 3. British Empire in North America, &c. Annexed to Wynne's History of the 
 
 British Empire. &c. London, _.--.. 1770 
 
 4. J. Palairet's North America, with improvements, &c. By L. Delarochette. 
 
 London, --------- 1765 
 
 5. Ridge's British Dominions in North America, &c. Annexed to a Complete His- 
 
 tory of the late War, &c. Dublin, ------ 1755 
 
 6. Palairet's North and South America, by the American Traveller. Annexed to 
 
 •■ The American Traveller," &c. London, ----- 1769 
 
 7. North America and West Indies, with the opposite coasts, &c. [Jeffreys' Atlas,] 
 
 London, -------.. 1775 
 
 8. North America, improved froffr Danville, with divisions by P. Bell Engraved by 
 
 R. W. Scale, London, ------- 1771 
 
 9. P. Bell's British Dominions in North America, &c. 1772. Annexed to "History 
 
 of British Dominions in North America, &c. in fourteen books.'' London, - 1772 
 
 10. S. Dunn's British Empire in North America- London, - 1774 
 
 11. Danville's North America, improved with English Surveys, &c. London, - 1775 
 4 2. E. Bowen, and J. Gibson's North America, &c. London, - - - 1775 
 
 13. Saver and Bennett's Province of Quebec, &c. London, - 1776 
 
 14. Seat of War in the Northern Colonies, &e. Annexed to the American Military 
 
 Pocket Atlas. London, -.-_.__ 1775 
 
 15. North America, &c. corrected from the materials of Gov. Pownall, M. P. London, 1777 
 
 16. Continent of America, &c. corrected from the materials of Gov. Pownall, 
 
 London, ------.._ 1777 
 
 17. W. Faden's British Colonies in North America, - 1777 
 
 18. W. Faden's North America, from the latest discoveries, 1778. Engraved for 
 
 " Carver's Travels," London, ----- 1778 & 1 781 
 
 19. Saver and Bennett's United States of America, with the British Possessions, 
 
 &c. London, - - 1783 
 
 20. Bew's North America, &c. Engraved for the Political Magazine. London, - 1783 
 
 21. J. Wallis' United States of North America. Engraved for the Political Magazine. 
 
 London. -.-.-... 1783 
 
 22. J. Gary's United States of America, &c. London, - 1733 
 23- W. Faden's United States of North America, w'ith the British and Spanish terri- 
 tories, &c. - - . - 1783 
 
 24. S. Dunn's United States of N. America, with the British Dominions, &c. London, 1783 
 
 25. Bowk.-" Map of North America, and West Indies, &c. London, Bowles and 
 
 Carver. 
 2G. Bowles' Pocket Map of the United States of America, British Possessions, &c. 
 
 London, ------... 1754 
 
 27. Albert and Lotter's North America, &c. ----- 1784 
 
 28. Bi ion de la Tour's Etats Unis d'Amérique, &c. Paris, - 1784 
 
 29. J. Gary's North America, &c. according to the preliminary articles of Peace, 
 
 &c. collected from the materials of Gov. Pownall. London, - - 1785 
 
 SO. Same Map, London, -------- 1794 
 
 31. Whole Continent of America, &c. corrected from the materials of Gov. Pownall. 
 
 Laurie and Whittle, London, .... . 1794 
 
 32. R. Wilkinson's North America, &c. London, - 1794 
 
 33. R. Wilkinson's United States of America. &c. London. - 1794 
 
Xu. 
 
 34. L. S. Delarochette's North America and West Indies. London, - 179; 
 
 3.5. Laurie and Whittle's America, divided into North and South. London, - 1800 
 
 36. Osgood Carleton's District of Maine, &c. Engraved lor " Judge Sullivan's History 
 
 of the District of Maine." Boston, .... 1795 
 
 37. D. F. Soltzmann's Maine. Hamburg, Carl Ernst Bonn, - - 1798 
 
 38. Moses Greenleaf's State of Maine, &c. - - - -1822 
 
 39. British Colonies ami United States of North America. Engraved by J. Lodge, 
 
 for " Anderson's British America," ..... ]s\4 
 
 40. J. Bouchette's Lower Canada, &c. London, - 1815 
 
 41. Upper and Lower Canada. London, - - - 1815 
 40. District of Gaspé. London, - 1815 
 
 43. Route from Halifax to River du Loup, on the St. Lawrence. 
 
 London. - - - - - - - 1815 
 
 44. J. Wyld's New Brunswick and Nova Scotia. London, - - • 1 8-2.5 
 
 45. British Possessions in North America, compiled from documents in the Colonial 
 
 Department; to accompany the report of the Emigration Committee, ordered 
 by the House of Commons to be printed, 29th June, ... 1 82r 
 
 40. T. Jeffery's Nova Scotia, &c. London, - - - 1755 
 
 47. same Map, - ....... 1775 
 
 48. Canada and north part of Louisiana. Loudon, ... 1760 
 
 49. Chart of the River St. Lawrence, &c. London, - - 1775 
 
 50. Sayer and Bennett's Chart of the Gulf of St. Lawrence, London, - 1775 
 
 51. W. Brassier's Lake Champlain, &c. 1762. London, Saver and Bennett, - 1770 
 
 52. J. Geddes' Map and Profile of the Champlain Canal. &c. ... 1 S25 
 
 53. Lewis Evans' Middle British Colonies in North America, improved and extend- 
 
 ed by T. Pow nail, M. P. &c. Annexed to his '• Topographical Description." 
 London, - - - - - - - - -1 770 
 
 54. H. S. Tanner's Ohio and Indiana, - - - - - - 1827 
 
 55. Major Holland's Provinces of New York, New Jersey, &c. corrected from 
 
 Pownall's materials. London, ...... 1770 
 
 56. C. J. Sauthier's Province of New York, &c. London, - - - 1779 
 
 57. S. Holland's Province of New Hampshire, &c. London, - - 1784. 
 
 WRITTEN AND PRINTED EVIDENCE 
 
 TO THE FIRST STATEMENT. 
 
 \<>. Appendix, Page 
 
 Observations on, and objections to, the (British) Topographical Evidence annex- 
 ed to the first American Statement, ------ 3 
 
 1. Treaties between the United States and Great Britain: 
 
 Treaty of Peace, of 1783 ... 11 
 
 Treaty of 1794 - ----- 14 
 
 Treaty of Ghent, 1814 - - 26 
 
 Convention of 29th September, 1827 - 32 
 
 2. Decisions on points of difference under said Treaties: 
 
 Decision of the Commissioners under the 5th article of the Treaty of 1794, 
 
 25th October, 1798 - 35 
 
 Decision of do. under the 4th article of the Treaty of Ghent, 24th Nov. 1817 36 
 
 3. Commission of Thomas Carleton, as Governor of New Brunswick, 10th Au- 
 
 gust; 1784 - - -38 
 
VI 
 
 P,'„, Appendix, Page 
 
 4. Acts of Great Britain, dividing the Province of Quebec into the two Provinces 
 
 of Lower and Upper Canada ------ 44 
 
 Extract of Act of Parliament, 31 Geo. III. c. 31. — 1791 - - in. 
 
 King's Order in Council, of 24th August, 1791 - - 57 
 
 5. Acts to erect the District of Maine into a State .... 60 
 Act of the State of Massachusetts, of 25th February, 1830 - - - ib. 
 Act of Congress, of 3d March, 1820 ... - 61 
 
 6. Extract from Guthrie's Geographical Grammar, (See No. 39.) - - ib. 
 
 7. Extracts from Treaties between Great Britain and Foreign Powers: 
 
 10th article of Treaty of Breda, with France — 166* - - - - 62 
 
 7th article of Treaty of Kyswick, with France— 1697 - - ib. 
 
 12th and 13th articles of Treaty of Utrecht, withFrance — 1713 - 63 
 
 4th, 5th, 7th, and 20th articles of Treaty of Paris, with France and Spain — 1763 64 
 
 4th, 5th, and 6th articles of Treaty of Versailles, with France — 1783 - 66 
 
 Extracts from Declaration and Counter Declaration annexed to the said Treaty ib. 
 
 5th article of the Treaty of Versailles, with Spain — 1783 - - - 6S 
 
 8. Secret Journals of Congress, 4th vol. — 1776 — 1789 - - - - ib. 
 
 See No. 8. — Appendix to Second Statement, page 251. 
 
 9. Extracts from Dr. Franklin's Printed Correspondence - - 69 
 Extracts of Letters from Dr. Franklin to llobert R. Livingston — 1782 - ib. 
 
 Do. of first Projet of Peace— Paper No. 1, 8th Oct. 1782 - - 711 
 Do. of a Letter from American Commissioners to Robert R. Livingston — 
 
 1782 -------- rl 
 
 See No. 9, (a) Appendix to Second Statement, page 256. 
 
 10. Grant of Nova Scotia, by James I. to Sir William Alexander, (in Latin), 1621 74 
 
 11. Grant of, and Documents relating to, the Old Province of Maine - - 83 
 Grant, by Charles I., to Sir Ferdinando Gorges — 1639 - - - ib. 
 Deed of Sale to John Usher, Agent of Massachusetts' Bay — 1677 - - 93 
 Deed, (imperfect) by John Usher to the Massachusetts' Bay Company — 1677 96 
 Extracts from the Records of the General Court of the Colony of Massachu- 
 setts' Bay— 1678— 1717 ------- 93 
 
 12. Documents relating to the Grant of " Sagadahoc" to the Duke of York - 100 
 Grant by Charles II. to the Duke of York — 1664 - - - ib. 
 Confirmation of said Grant — 1674 - - - 103 
 Commissions, by the Duke of York, to Governors — 1674 — 1682 - - 106 
 
 13. Charter of the Province of Massachusetts' Bay, William and Mary — 1691 109 
 
 14. Extract o' a Letter from the Board of Trade to Lord Bellamont — 1700 - 123 
 
 15. Commissions of the Governors of Nova Scotia: - - - . 125 
 
 Richard Philipps, 1719 ----- ib. 
 
 Do do. 1721 - - - - - 127 
 
 Edward Corn waliis, 1749 - - - 129 
 
 Henry Ellis, 1761 - - . . - 134 
 
 Montague Wilmot, 1763 - 139 
 
 William Campbell, 1765 - 144 
 
 Francis Legge, 1773 .... 150 
 
 John Pair, 1782 - 156 
 
 16. Extract of the Opinion of the King's Attorney and Solicitor General, to the 
 
 Board of Trade — 1731 ------- J62 
 
 17. His Britannic Majesty's Proclamation of 7th October, 1763 ... 165 
 
 18. Extract of Act of Parliament, 14 Geo. III. c. 43. (Quebec Act.) 1774 - 169 
 
 19. Letter from the Board of Trade to Governor Bernard - - - 170 
 
 20. Letter from Jasper Mauduit Agent of Massachusetts' Bay, 1764 - - 172 
 
 21. Commissions of the Governors of the Province of Quebec : - - - 174 
 
 James Murray, 17<>3 - - ib. 
 
 Guy Carleton, 1767 ----- 179 
 
Vil 
 
 No. Appendix, Page 
 
 Commission of Guy Carleton, 1774 - - 185 
 
 Frederick Haldiman, 1777 - ... i n i 
 
 Guy Carleton, 1786 - - 197 
 
 22. King's Order in Council, declaring the River Connecticut to be (he boundary 
 
 between the Provinces of New York and New Hampshire — 1764 - - 203 
 
 23. Documents respecting Mitchell's Map, and the River St. Croix: 
 
 John Adams' and John Jay's Depositions, 1707 - - '20.) 
 Dr. Franklin's Letter. 1790 - - 206 
 John Adams' Letter (Extract) 1784 - - ib. 
 ■24. King's Older in Council, respecting the boundaries of the Provinces of Massa- 
 chusetts and New Hampshire — 1740 ..... 207 
 
 25. Vattel's Law of Nations — (Extracts inserted in Statement,) - - 209 
 
 26. Documents, relating to the confirmation and surveying of the boundary along 
 
 the 45th degree of North latitu le, between the Provinces of New York and 
 
 Quebec 210 
 
 Extract from Act of General Assembly of New York — 1768 - - ib. 
 King's Order in Council — 1768 - - - - - -211 
 
 Letters to and from the Surveyors — 1771 — 1772 - - - 213 
 
 Extract from the Council Minutes — 1773 ..... 219 
 
 Deputation to C. I. Sauthier, as Surveyor — 1773 .... 220 
 
 Extract from the Acts and Journal of the General Assembly of New York, 
 
 1774-1775 - - - 221 
 
 27. Extracts from the Council Minutes of New York, relating to the same subject, 
 
 (taken from the Appendix to the Proceedings of the Commissioners, undur 
 
 the 5th article of the Treaty of Ghent.) 1771 — 1773 ... 226 
 
 28. Patent, for a Grant of land, by the Governor of the Province of New York, to 
 
 E. Fanning and others — 1775 ...... 039 
 
 29. Grants of land in New York, along the Canada line ... - 235 
 Grants toi. Deane, to F. Turcot, and to C Gosline — 1785 — 1790 - ib- 
 Certificates relating to Grants of land, — 1828 - 340 
 
 30. Grants of land in Vermont, along the Canada line - - - 241 
 Boundaries of the town- of Derby and A 1 burg — 1779 — 1781 - ib. 
 Certificates relating to Grants of land — 182S .... 243 
 
 31. List of the Documents applied for to the British Government, with Lord Aber- 
 
 deen's Marginal Notes— 1827 - 244 
 
 ANNEXED TO THE SECOND STATEMENT. 
 
 8. Extracts from the Secret Journals of Congress: 
 
 First Instructions to the Minister appointed to negotiate peace with Great Bri- 
 tain, August 14, 1779, - . - - - - 25J 
 
 Instructions to the Ministers appointed as above, [ultimatum] June 15, 1781, 252 
 
 Report of a Committee of Congress, on claims of U. States, not included in the 
 
 ultimatum, August 16, 1782, - 252 
 
 Recommitted, August 20, 1782, - 255 
 
 9. («) Extracts from Dr. Franklin's Correspondence: 
 
 First projet of Peace (Paper No. 1) entire, Oct. 8, 1782, - 25C 
 
 Richard Oswald's Commission to treat with the thirteen United States of 
 
 America, September 21, 1782 ------ 258 
 
 1st and 22d Preliminary articles of peace between France and England, and 
 
 Kind's Proclamation respecting captures, 1783, - 259 
 
VIII 
 
 p;,,. Appendix, Page 
 
 Extract of a letter from American Commissioners to R. R. Livingston, July, 
 
 1783, ... . .... 260 
 
 32. Extracts of Commissions to John Eliot and P.Chester, as Governors of West 
 
 Florida, 1767, 1770, ..--•.- 26-2 
 
 33. Preliminary articles of Peace between Great Britain and the United States. 
 
 with the separate Article, Nov. 30th, 1782, - 264 
 
 34. Extracts of Grants by Nova Scotia : 
 
 To W. Owen, and others, 1767, - ^GS 
 
 To Francis Bernard, Thomas Pownall, and others, 1765, - - 268 
 '>5. Extracts from the Arguments of the British Agent before the Commissioners 
 
 under the 5th Article of the treaty of 1794— 1797, - - 270 
 
 36. Report to the President of the United States, by Egbert Benson, one of the 
 Commissioners under the 5th Article of the treaty of 1794, [taken from Ap- 
 pendix to Proceedings of the Commissioners under the 5th Article of the 
 treaty of Ghent.] 1798, - - - 275 
 
 37. Extracts of the Commissions of the Governors of New Brunswick: 
 
 Guy Carleton, 1786, - - - 283 
 
 James Henry Craig, 1807, - - - 284 
 
 Sir Geo. Prévost, 1811, - - 284 
 
 J. C. Sherbrooke, 1816, - - 285 
 
 Duke of Richmond, 1818, - - 285 
 
 Earl of Daihousie, 1819, - - 286 
 
 38. Extracts of the Commissions of the Governors of Canada: 
 
 Sir James Henry Craig, 1807, - - 287 
 
 Sir Geo. Prévost, 1811, - - 288 
 
 J. C. Sherbrooke, 1806, - - - 288 
 
 Duke of Richmond, 1818, - - - 289 
 
 Earl of Daihousie, 1819, - - 290 
 
 39. Extracts from sundry printed works: 
 
 Pinkerton's Modern Geography, ..... 291 
 
 Guthrie's Geographical Grammar, ..... ogi 
 
 Rees' Cyclopaedia, ------- 291 
 
 Supplement to Encyclopaedia Britannica, .... 292 
 
 40. Extract from Governor Pownall's Topographical Description of the British 
 
 Colonies, --------- 295 
 
 41. Extracts from Sir Alexander McKenzie's History of the Fur Trade, - - 298 
 
 42. Extracts from Alexander Henry's Travels in Canada, - - - - 301 
 
 43. Extracts from Mr. Bouchette's Topographical Description of Lower Canada, - 303 
 
 44. Report of the Commissioners on the New York Champlain Canal, 1817, - 815 
 
 45. N. Bowditch's estimate of the height of the " White Hills" in N. Hampshire, 
 
 (from Memoirs of the American Academy of Arts and Sciences.) - 319 
 
 46. Extracts from the Protocols ond Correspondence of the American and British 
 
 Ministers — Negotiations of Ghent, 1814, .... 322 
 
 47. Extracts from various grants of land by the Province of New Brunswick: 
 
 For land in the contested territory, 1825, .... 329 
 
 For land east of the due North line, 1808, 1824, - - - 330 
 
 18. Extracts from severaLActs of the General Assembly of the Province of New 
 
 Brunswick, 1786, 1826: 
 
 Establishing the boundaries of Counties, Towns, and Parishes, - - 332 
 
 Regulating Fisheries in the River Kistigouche, .... 336 
 
 Establishing Roads and Communications, ..... 335 
 
 49. Depositions concerning the boundary of Canada, &c. .... 339 
 
 Of certain inhabitants of Madawaska, .... 339 
 
 Of .1. C. Deane, ....... 346 
 
IX 
 
 No- Appendix, Pag< 
 
 50. Extract from the Census of the United States for Maine, i820j - - 348 
 
 51. Grants of land by the State of Massachusetts: 
 
 Contract with H. Jackson and Royal Flint, 1792, - 333 
 
 Grants to sundry Academies and Towns, 1797, I8117. - - - 339 
 
 Grants to certain soldiers and to \V. Eaton, 1801. 18()6, - - - 304 
 
 52. Vote of the House of Representatives of the State of New Hampshire, forrunning 
 
 the line between the State and the Province of Canada, 1rs 1 .), . . 370 
 
 53. Extracts from the Report of the British Commissioner under the 5th Article of 
 
 the Treaty of Ghent, 182-2, ---... 371 
 
 54. Extract from the Report of the American Commissioner under do. 1822, - 3S1 
 
 55. Extract from the Arguments of the British Agent under do. 1821, - - 400 
 
 56. Extracts from the Reports of the Surveyors under do. 1817-20, - - 4u4 
 
 57. Extracts from British Evidence, No. 12, viz: President's Message to Congress 
 
 of 21 February, 1822. 
 
 Mr. Gallatin's Letter to Secretary of State of 25th December, 1814. - 427 
 
 58. Extracts from British Evidence, Nos. 13, 1(3, 17, 18,20, 21, 22, 23,24, 25. Fief 
 
 of Madawaska. . 
 
 Extracts from documents under the French Government, 1083, 1756, - 429 
 
 Extracts from deed of sale to James Murray, 1762, .... 4.5) 
 
 Extracts from deeds, &c. under British Government prior to treatv of 1783, - 432 
 
 Extracts from deeds, &c. under British Government subsequent to treaty of 
 
 1783, - - 434 
 
 59. Extracts from British Evidence — Boundary of Canada — 
 
 Extracts from Quebec Gazette, B. No. 28, (2 and 3)— 1765 and 1784, 439 
 Extracts from proceedings in Court of Common Plea-, Quebec, B. No. 
 
 29, 1789-1791, ----.-. 440 
 Extracts from Minutes of Executive Council of Province of Quebec, 
 
 B. No. 31, 1787, - - - - 441 
 Letter from Governor of the Province to Mr. Holland, B, No. 32, 1787, 441 
 Mr. Holland's Report, B. No. 32, 1787, - - - 442 
 Report of Committee of the Executive Council, B. No. 32, 1787- - 444 
 Extracts from Council Minutes of Quebec, B. No. 32, 1792, - 445 
 50. Extrac s from British Evidence, No. 34, Madawaska Settlement. 1827, - 446 
 61. Extract from British Agent's Reply before Commissioners under 4th article of 
 treaty of Ghent, with Mr. Liston's letter, 1798, (From Appendix to Pro- 
 ceedings of Commissioners under 5th article of treaty of Ghent.) - 447 
 
 ERRATUM. 
 
 Vrrr.NDis. — I'rige iv. line 36— Stvike out "Kngraved for the Political Magazine.'' 
 
APPEJVDIX. 
 
fr&W&WÎSt* 
 
 OBSERVATIONS ON, AND OBJECTIONS TO, THE TOPOGRAPHIC AI. 
 
 EVIDENCE. 
 
 I. 
 
 Maps, Surreys, and Topographical Delineations, filed with the Commissioners 
 tinder the 5th Article of the Treaty of Ghent. 
 
 It had been intended on the part of the United States, to annex to their first state- Appendix. 
 ment only those of the said Maps, Surveys, Sac. which they thought unobjectionable, observations on, 
 All of them, having been collated by mutual agreement between the two parties, are fheTo^sraphicai 
 accordingly communicated, as they appear in the copy of the American Atlas. 
 
 The few variations between that and the British Atlas, none of which are deemed 
 material, having been noted in the joint certificate annexed to each of the Atlasses, 
 need not be repeated here. 
 
 It has been agreed by the 4th Article of the Convention of 1827, that the Map A. 
 should be considered, by the Contracting Parties, as a delineation of the watercourses, 
 and of the boundary lines in reference to the said watercourses, as contended for 
 by each party respectively, and as evidence mutually acknowledged, of the topogra- 
 phy of the country. It is, therefore, unnecessary to make any observations in rela- 
 tion to the watercourses as laid down on the maps, surveys, &c. which were filed 
 with the Commissioners. The observations and objections will apply almost exclu- 
 sively to the delineations of highlands, ridges and mountains. Even with respect to 
 these, it appears unnecessary to note the errors, in relation either to course or dis- 
 tance, of the dividing ridges; the position and length of these being determined by 
 the sources of the watercourses, as laid down in Map A. 
 
 Those surveys, as well as the engraved maps now adduced in evidence, being, ac- 
 cording to the Convention, annexed only for the purposes of general illustration, it 
 has not been deemed essential to examine them critically in all their details: and such 
 general observations only will be submitted, as appear obviously necessary for the 
 purpose of repelling inferences which cannot be admitted. 
 
 1. No. 7. [G. in the British Atlas.] Mr. OdelPs Survey of the Restook, with a 
 Sketch of the Country as viewed from Mars Hill and the vicinity of Haul- 
 Ion Plantation. 
 
 Nn objection is made to the plan of the river Restook so far as it was explored. — 
 But no portion whatever of the country, of which Mr. Odell has pretended to give 
 a sketch, has been surveyed, or even explored, either by him or any of the other sur- 
 veyors under the commission, with the exception of the rivers St. John and Restook, 
 the line drawn due north from the source of the river St. Croix, and Mars Hill. Not 
 a single survey, (Mars Hill excepted,) was made west of the said north line, and south 
 of the river Restook, so far as the plan extends, (a) Not a foot of the ground west 
 
 (~aj Mount Katahdin was explored by a party coming from tlie Scoodiac lakes, by the way oi rivers 
 Passadumkeigand Penobscot: but no part of (lie country between that mountain and the north line, has 
 been surveyed or visited under the commission. 
 
. Ijiptnili.c. and south-west of Mars Hill, lias ever been explored or travelled over by any of the 
 surveyors or of their party. 
 
 Observations on, " ' . 
 
 niwi Otyi-eiion* 10, 'J'he sketch is said to have been taken from two places nearly thirty miles apart, 
 
 ■ lit! Ti.|iiniii|ihic:<l r . . 
 
 ■ " ! ' ' without the assistance of instruments or any observation. Not the slightest reliance 
 
 can be placed on a view, taken in that manner, of a country the whole of which is a 
 dense forest. It was impossible for any one to ascertain whether a ridge, or a peak, 
 which he might have seen from Mars Mill, was the same he saw from Houlton Plan- 
 tation. Supposing that Mr. Odell could, merely by a glance of the eye, have taken a 
 profile of the country between Mars Hill and Katahdin Mountain, as seen from the 
 vicinity of Houlton, it was impossible for him to know the distance, from the point 
 where he was placed, of the several hills, cce. of which he has given a profile, as if it 
 was an actual section of the country. 
 
 Some of the hills embraced within his plan, are sixty miles from Houlton: and the 
 whole is so obviously a fanciful representation, thai it would deserve no notice, was it 
 not for the very erroneous impression which it is calculated at first sight to produce. 
 The country not having been surveyed or explored, the situation of the watercourses 
 remains unknown; and as they could not be seen in a billy country covered with 
 woods, Mr. Odell has entirely omitted them. There is not a trace, on the plan, of the 
 upper branches of the Restook, or of the various tributary streams of the Penobscot, 
 by which the country is intersected in every direction. Thus the appearance is giv- 
 en of a huge, wide and unbroken mountain, with some prominent peaks, extending 
 fifty or sixty miles, in the direction in which it was necessary to create a chain of high- 
 lands, in order to give some color to the British pretension. With no better evidence 
 of that fictitious chain, the United States have a right to deny that it does exist. 
 
 3. No. IS. [F. in British Atlas.] Mr. Campbell's Sketchof the Height of Land. 
 
 Mr. Campbell, in October, 1S19, ascended the Penobscot river to Mount Katah- 
 din, and returned down the same river. The ensuing spring he proceeded through the 
 Kennebec country, and along the usual road thence to Quebec, to the height of land (6) 
 which divides the south-west branch of the Penobscot from the sources of a tributary 
 stream of the river Chaudière. He then proceeded about forty miles, partly along the 
 highlands described by the treaty, partly along an easterly ridge intersected by some 
 of the north-west upper branches of the Penobscot. Directing then his course north- 
 wardly, he reached, at some miles distance, one of the southerly sources of the Saint 
 John, not far from the place where the conflicting lines meet. 
 
 Uis sketch of the country he thus explored, though not correct cither as to course 
 or distance, is not liable to any very material objection. But he has also added a view 
 of the country, north-east and south-east from his last station towards Mars Hill (c) and 
 Katahdin Mountain, which, judging by the length on his sketch of the ridge he ex- 
 plored, is wholly erroneous as to distance, lie has there, like Mr. Odell, laid down 
 chains of mountains suited to the British pretension, without any evidence of their 
 existence. The United States object to the whole of that part of his sketch. 
 
 3. Nos. 13, 14,15,23, 24, 25, 2G, (9, 10, 11, IS, 19, 20, 21 in British Atlas.) 
 
 Messrs. Burn/tarn's, Tiarks' and Carlisle's Surveys of certain Portages, between 
 the respective sources of some of the tributary streams of the river St. John 
 and of the river St. Lawrence. 
 
 The usual mode of communication through the uninhabited parts of the whole of 
 this region has hitherto been by water. Canoes, made of the bark of the birch tree, 
 
 C bj At the place called Image on Map A. 
 
 CO According to Map A, Mars Hill is about 115 miles from the place, where the conflicting lines 
 
 meet. 
 
5 
 
 are used for that purpose, drawing so little water that the smallest streams may be as- tfippendix, 
 cended to their sources, and so light that they may be carried by the men on board, 
 
 Obrrrvni - 
 
 wherever the navigation is interrupted by a rapid, anil also from the source of one' 11 " 1 " 1 «-"•< 
 
 ° t . thcTopograplikiil 
 
 •stream to that of another. The Indians, from whom that mode of travelling has been L " ' ' ' 
 borrowed, necessarily sought, and from long experience discovered, the places where 
 canoes could be carried with the greatest facility, across the ground which separated 
 the sourccsof the different streams. Those places which, from that circumstance, have 
 received the appellation of portages, or carrying places, are therefore those where the 
 distance between the sources Is shortest, and particularly, which was of far greater im- 
 portance, where the ground separating those sources is the least elevated. 
 
 All the above surveys are of portages of that description, separating sources of trib- 
 utary streams of the river St. John from those of the river St. Lawrence, and along 
 the line claimed by the United States. Those portages are, therefore, the lowest 
 gaps or depressions of the highlands, along which that line extends. No objection is 
 made to the surveys with respect to what they contain; but they are* nevertheless, 
 calculated to convey an erroneous impression of the general character of the highlands. 
 
 The various gaps, in which the respective sources of the streams flowing in oppo- 
 site directions thus approximate, form, in each instance, a kind of valley, the course 
 of which is perpendicular to the general direction of the highlands. The ridges by 
 which each valley appears, in the surveys, to be bounded on both sides, are in fact 
 nothing more than a part of the main ridge, or highlands. In order, therefore, to give 
 a correct view of the whole ground, the surveys ought to have been extended, for 
 some distance, on each side of the valleys, along the main ridge; and the vertical sec- 
 tion of such survey, perpendicular to the small valley, would have given a fair repre- 
 sentation, both of the main ridge or highland, and of its depression in the gap, where 
 the sources of the opposite streams were near to each other. 
 
 It may here be observed, that the Umbazuckseus, (or Alaguash,) and other porta- 
 ges, along the British line, as well as those between the heads of Connecticut river and 
 the sources of the river St. Francis, which falls into the river St. Lawrence, are pre- 
 cisely of the same character. 
 
 4. [British Atlas, No. 22.] Greenleafs Map of Maine. 
 
 The northern parts of the State of Maine having been but very partially explored, 
 at the time when this map was published, the mountains and ridges in that part of the 
 country are wholly omitted. The United States object to any inference that may 
 be drawn from that omission, and also to the blue colored line, drawn by the British 
 Agent on the map. 
 
 5. [No. 29, American Atlas, and K, British Atlas.] Extracts from Mitchell's Map. 
 
 Both those extracts are objected to, on the part of the United States, principally on 
 account of the omission of several names. But they have not been critically examined, 
 as both will be superseded by Mitchell's printed map, which is to be annexed to thé 
 statements of the two Powers, in conformity with the Convention of 1827. 
 
 II. 
 British Transeript of the Map Ji. 
 
 1. Both Parties have laid down, on their respective transcripts of this map, the 
 Katahdin, Spencer, Bald, and several other detached mountains. The position of 
 such of these as had not been actually explored by the surveyors under the commission, 
 Cannot be considered as determined on either transcript with precision; and the exist 
 ence of some of them, with Indian names on the British transcript, is doubtful. 
 
Appendix. The dividing highlands or ridges are delineated, on the American transcript, along 
 hoth the conflicting lines, in the same manner as they usually are in topographical 
 
 Observationson, ° 
 
 and objections to, maps; by which delineation it is not intended to attach the character of mountains, 
 
 the Topographical r ' •> 
 
 B'idence. properly so called, to such dividing ridges. In the British transcript, no portion of 
 
 the ridge along the American line is delineated, except such as had been explored by 
 the surveyors: but the whole of Mr. Odcll's fictitious representation of a chain of moun- 
 tains, extending from Mars Hill to Mount Katahdin, has been inserted, as if there ex- 
 isted in that quarter and direction, a chain emphatically entitled to the appellation of 
 highlands, and having a character distinct from that of the adjacent parts of the coun- 
 try, either towards the north, or in any other direction. This, being unsupported by 
 any evidence, is objected to on the part of the United Slates, for the same reasons which 
 have been alleged with respect to Mr. Odell's plan, No. 7. 
 
 2. It being stated, on the face of the British transcript, that the rivers which fall 
 into the Atlantic Ocean are colored " blue," it is objected, on the part of the United 
 States, that the rivers St. John, Risligouche, and others, that have their mouths in the 
 Bay of Fundy or the Gulf of St. Lawrence, are not thus colored. 
 
 3. Although the extent of the Madawaska Fief is quite irrelevant to the question 
 at issue, it may be observed, that, according to the terms of the grant, as understood 
 by the United States, it covers, in the British transcript, at least three times as much 
 ground as is contained in the grant. The Fief is stated to be three leagues in length, 
 on each side of the river Madawaska, on a depth of two leagues, together with the 
 Temiscouata lake, but without any land on its banks, (e) The leagues are of twenty- 
 five to the degree: presuming the whole breadth, or depth intended, to be four leagues, 
 and calculating the contents of the lake by Dr. Tiarks' survey, (/) the whole does not 
 exceed 125 square miles; whilst, according to the British transcript, it contains about 
 five hundred. 
 
 That Fief is, in the references of the British transcript, stated as being uninterrupt- 
 edly held of the Government of Canada, under the original title, to the present day. 
 What is meant by being held of the Governmentof Canada, at any time since the pro- 
 clamation of 17G3, and to this day, is not understood. Acts of fealty and homage, and 
 others pertaining to a feudal tenure, whilst Canada belonged to France, have been ad- 
 duced in evidence. But no evidence, of a dale subsequent to the conquest of Canada 
 by Great Britain, has been adduced, of any act of that nature, or in any way proving 
 that that fief has, subsequent to that event, been held of Canada, according to the com- 
 mon acceptation of that term. 
 
 4. A line is delineated on the British transcript, along the river St. John, from ils 
 mouth to its most southerly source. This line is stated, in the reference, as the most 
 favorable which Congress thought could be obtained in 17S2. Without adverting, in 
 (his place, to the expression " most favorable," it will be observed, first, that it is sus- 
 ceptible of proof, that the source intended by Congress was that of the north-westerly 
 inlet of lake Temiscouata, towards the Grand Portage. 2dly. That the most souther- 
 ly source of the river St. John was not known, before the surveys executed under the- 
 late commission. 3dly. That, according to Mitchell's map, the most remote and 
 westerly source of that river which Congress could possibly be supposed to have meant, 
 is that which, in Map A. is designated by the name of West Branch. 
 
 5. This is not the place to discuss how far the evidence which has been adduced, 
 may prove that the Madawaska settlement has been subject to the jurisdiction of Great 
 Britain, from its establishment in 17S3 to the present day. The jurisdiction exercised 
 by the Government of New Brunswick over that settlement, at least since it was ascer- 
 tained that it lay west of the line drawn due north from the source of the river SL 
 
 fej See Rritibh Evidence, Nos. 11, 1-, and 13. 
 
 I f) Topographical Evidence— Commission Surveys, So. 15 
 
Croix, has been considered by the Government of the United States as an nnvvarranta- appendix. 
 ble encroachment on their rights. It was not to be expected, that their lone forbear- 
 
 .... •/•.•ii Observations or, 
 
 ance on that subiect, the motive for which could not be mistaken, and their not oddos- aml ob J ec -'•■• 
 
 . . . . ' ' •:■<■ Topographical 
 
 ing the transmission of the British mail along the valley of the river St. John, would Kl " 
 
 be alluded to, as tending to strengthen the pretended British claim. 
 
 6. The further observation, that this valley affords the only line of communication 
 between Great Britain and the Canadas, through what is called the British territory, 
 during six months of the year, is utterly irrelevant to the merits of the question; 
 though it may serve to explain how it has happened that such a claim as that under 
 discussion, should ever have been set up on the part of Great Britain. It may, how- 
 ever, be observed that, as soon as the United States shall have the exclusive possession 
 of their own territory, Great Britain will find no difficulty in opening a road from the 
 Great Falls of the river St. John, through her acknowledged dominions, towards the 
 river St. Lawrence; which, though somewhat more circuitous, will, during the win- 
 ter months, and at all times, afford the communication alluded to. 
 
 III. 
 
 HaJcs Map of New England — Boston, 1S26, communicated by the British Gov- 
 ernment. 
 
 This map is objected to, first, because the author, (on what authority, particularly 
 under such date, is quite unintelligible,) has made the eastern, or lake, branch of the 
 Connecticut river, the boundary between New Hampshire and Canada; secondly, be- 
 cause he has placed the north-west angle of Nova Scotia on the highlands which di- 
 vide the tributary streams of the river Ristigouche from those of the river St. John. 
 
 ALBERT GALLATIN, 
 WILLIAM P. I'REBLIv 
 
■w»sîrasïï ^tib^hto* 
 
 ANNEXED TO 
 
 THE FIRST STATEMENT 
 
 ON THE PART OF 
 
 $e wtuuvti mtmm- 
 
 V 
 
APPENDIX, No. 1. 
 
 TREATIES AND CONVENTIONS 
 
 BETWEEN 
 
 THE UNITED STATES AND GREAT BRITAIN. 
 
 DEFINITIVE TREATY OF PEACE 
 
 BETWEEN THE UNITED STATES AND HIS BRITANNIC MAJESTY: CONCLUDED AT 
 PARIS ON THE THIRD DAY OF SEPTEMBER, 1783. 
 
 In the name of the most Holy and Undivided Trinity: 
 It having pleased the Divine Providence to dispose the hearts of the Most Serene and Appendix 
 Most Potent Prince George the Third, by the Grace of God King of Great Britain, 
 France and Ireland, Defender of the Faith, Duke of Brunswick and Luneburg, Arch Treaties and Oon- 
 
 ' petitions between 
 
 Treasurer and Prince Elector of he Holy Roman Empire, &c, and of the United the united state» 
 
 "* and Great Britain. 
 
 States of America, to forget all pa>t misunderstandings and differences that have un- Definj ~r Tt ,,., Iy 
 happily interrupted the good correspondence and friendship which they mutually wish ^„^ e 17 | d Sep 
 to restore, 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; and having for this 
 desirable end already laid the foundation of peace and reconciliation, by the provisional 
 articles signed at Paris, on the 30th of November, 1782, by the Commissioners em- 
 powered on each part, which articles were agreed to be inserted in and to constitute 
 the Treaty of Peace proposed to be concluded between the Crown of Great Britain 
 and the said United States, but which Treaty was not to be concluded until terms of 
 peace should be agreed upon between Great Britain and France, and his Britannic Ma- 
 jesty should be ready to conclude such Treaty accordingly; and the Treaty between 
 Great Britain and Fiance having since been concluded, His Britannic Majesty and 
 the United States of America, in order to carry into full effect the provisional articles 
 above mentioned, according to the tenor thereof, have constituted and appointed, that 
 is to say, His Britannic Majesty on his part, David Hartley, Esq. Member of the 
 Parliament of Great Britain; and the said United States on their part, John Adams, 
 Esq. late a Commissioner of the United Stales of America at the Coirt of Versailles, 
 late Delegate in Congress from the State of Massachusetts, and Chief Justice of the 
 said State, and Minister Plenipotentiary of the said United States to their High 
 Mightinesses the States General of the United Netherlands; Benjamin Franklin, Esq. 
 late Delegate in Congress from the State of Pennsylvania, President of the Convention 
 of the said State, and Minister Plenipotentiary from the United States of America, at 
 the Court of Versailles; John Jay, Esq. late President of Congress, and Ch.efJust.ee 
 of the State of New York, and Minister Plenipotentiary from the said United States 
 at the Court of Madrid, to be the Plenipotentiaries for the concluding and s.gn.ng the 
 present Definitive Treaty; who, after having reciprocally communicated their respec- 
 tive full powers, have agreed upon and confirmed the following articles: — 
 
12 
 
 Appendix. Article I. 
 
 No - *• His Britannic Majesty acknowledges the said United States, viz. New Hampshire; 
 
 Treaties aid Con- Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New 
 
 ftfunfted'K" York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, 
 
 G.ejuBn, ia. go(jth Caro ]; n , anc | Georgia, to be free, sovereign and independent States; that he 
 
 Definitive Treaty r . . ,„ , . . . , .. ., .. 
 
 of Peace, 3d Se»- treats with them as such, and for himself, his heirs and successors, relinquishes all 
 tgmbet, 1783. ..... r , , 
 
 claims to the government, propriety, and territorial rights oi the same, and every part 
 
 thereof. 
 
 Article II. 
 
 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 bounuaries, viz: From the north-west angle of Nova 
 Scotia, viz: that angle which is formed by a line drawn due north from the source 
 if St. Croix River to the highlands; along the said highlands which divide those 
 rivers that empty themselves into the Hiver St. Lawrence from those which fall into 
 the Atlantic Ocean, to the north-westernmost headoi 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 until it strikes the river Iroquois or Cataraquy; 
 thence along the middle of said river into Lake Ontario; 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 communication between that 
 LaKe and Lake Huron; thence along the middle of said water communication, 
 into the Lake Huron; thence through the middle of said Lake to the water communi- 
 cation between that Lake and Lake Superior; thence through Lake Superior northward 
 of the Isles Royal and Phelipeaux, to the Long Lake; thence through the middle of 
 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-west- 
 ern 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 — South 
 by a line to be drawn due east from the determination 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 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 di- 
 vide the rivers that fall into the Atlantic Ocean from those which fall into the River 
 St. Laiorence; 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 are, or heretofore have been, within the limits 
 of the said Province of Nova Scotia. 
 
 Article III. 
 
 It is agreed that the people of the United States 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; also, in the Gulf of St. Laivrence, and at all other places in the sea, 
 where the inhabitants of both countries used at any time heretofore to fish. And also, 
 that the inhabitants of the United States shall have liberty to take fish of every kind 
 on such part of the coast of Newfoundland as British fishermen shall use, (but not to 
 
13 
 
 dry or cure* the same on that Islam!,) an J also on the coasts, hays and creeks of all ^appendix. 
 other of his Britannic Majesty's dominions in America; and that the American fisher- No ' '" 
 men shall have liberty to dry and cure fish in any of the unsettled bays, harbors and Treaties and Con 
 creeks of Nova Scotia, Magdalen Islands, and Labrador, so long as the same shall uiTunUe/sTat™ 
 remain unsettled; but so soon as the same, or either of them, shall be settled, it shall " __ '" 
 not be lawful for the said fishermen to dry or cure fish at such settlement, without a ÇefiniUveTreaty 
 
 ^ ' lit reatc, .lit hr|i 
 
 previous agreement for that purpose with the inhabitants, proprietors, or possessors of ,l '"' ber > l783 < 
 the ground. 
 
 Article IV. 
 It is agreed that creditors on either side shall meet with no lawful impediment to 
 the recovery of the full value, in sterling money, of all bona fide debts heretofore con- 
 tracted. 
 
 Article V. 
 It is agreed that the Congress shall earnestly recommend it to the Legislatures of the 
 respective States, to provide for the restitution of all estates, rights and properties, 
 which have been confiscated, belonging to real British subjects; and also of the es- 
 tates, rights and properties of persons resident in districts in the possession of His 
 Majesty's arms, and who have not borne arms against the said United States: And that 
 persons of any other description shall have free liberty to go to any part or parts of any 
 of the thirteen United States, and therein to remain twelve months unmolested in their 
 endeavours to obtain the restitution of such of their estates, rights and properties as 
 may have been confiscated; and that Congress shall also earnestly recommend to the 
 several States, a reconsideration and revision of all acts or laws rcardinn- the pre- 
 mises, so as to render the said laws or acts perfectly consistent, not only with justice 
 and equity, but with that spirit of conciliation which, on the return of the blessings of 
 peace, should universally prevail. And that Congress shall also earnestly recom- 
 mend to the several States, that the estates, rights and properties, of such last mention- 
 ed persons shall be restored to them, they refunding to any persons who may be now 
 in possession, the bona fide price (where any has been given) which such persons may- 
 have paid on purchasing any of the said lands, rights or properties, since the confis- 
 cation. 
 
 And it is agreed that all persons who have any interest in confiscated lands, either 
 by debts, marriage settlements, or otherwise, shall meet with no lawful impediment 
 in the prosecution of their just rights. 
 
 Article VI. 
 
 That there shall be no future confiscations made, nor any prosecutions commenced 
 against any person or persons for, or by reason of, the part which he or they may 
 have taken in the present war, and that no person shall, on that account, suffer any fu- 
 ture loss or damage, either in his person, liberty or property; and that those who may 
 be in confinement on such charges, at the time of the ratification of the treaty in Ame- 
 rica, shall be immediately set at liberty, and the prosecutions so commenced be dis- 
 continued. 
 
 Article VII. 
 
 There shall be a firm and perpetual peace between His Britannic Majesty and the 
 said States, and between the subjects of the one and the citizens of the other; where- 
 fore all hostilities, both by sea and land, shall from henceforth cease. All prisoners 
 on both sides shall be set at liberty, and His Britannic Majesty shall, with all conve- 
 nient speed, and without causing any destruction, or carrying away any negroes, or 
 other property of the American inhabitants, withdraw all his armies, garrisons and 
 fleets, from the said United States, and from every post, place and harbor, within the 
 same; leaving in all fortifications the American artillery that maybe therein: And 
 
 shall also order and cause all archives, records, deeds and papers, belonging to any of the 
 4* 
 
u 
 
 Appendix, said States, or their citizens, which in the course of the war may have fallen into the 
 hands of his officers, to be forthwith restored and delivered to the proper States and 
 Treaties and Con- persons to whom they belong. 
 
 ventinns between 
 
 the United States ARTICLE VIII. 
 
 and Cteat Britain. 
 
 — The navigation of the river Mississippi, from its source to the Ocean, shall forever 
 
 o?'pêà!'e T ':w'sep y remain free and open to the subjects of Great Britain and the citizens of the United 
 
 tomber, 17P:i. n, . 
 
 States. 
 
 Article IX. 
 In case it should so happen that any place or territory belonging to Great Britain or 
 to the United States, should have been conquered by the arms of either from the other, 
 before the arrival of the said provisional articles in America, it is agreed that the same 
 shall be restored without difficulty and without requiring any compensation. 
 
 Article X. 
 The solemn ratifications of the present treaty, expedited in good and due form, shall 
 be exchanged between the Contracting Parties in the space of six months, or sooner, if 
 possible, to be computed from the day of the signature of the present treaty. 
 
 In witness whereof, we, the undersigned, their Ministers Plenipotentiary, have, in 
 their name, and in virtue of our full powers, signed with our hands the present Defini- 
 tive Treat}', and caused the seals of our arms to be affixed thereto. 
 
 Done at Paris, this third day of September, in the year of our Lord one thousand 
 seven hundred and eighty-three. 
 
 [l. s.] D. HARTLEY, 
 [l. s.] JOHN ADAMS, 
 [l. s.] B. FRANKLIN, 
 [l. s.] JOHN JAY. 
 
 TREATY OP AMITY, COMMERCE AND NAVIGATION", 
 
 BETWEEN HIS BRITANNIC MAJESTY AND THE UNITED STATES OF AMERICA, BY 
 THEIR PRESIDENT, WITH THE ADVICE AND CONSENT OF THEIR SENATE. 
 
 Treaty of com- His Britannic Majesty and the United States of America, being- desirous bv a trea- 
 
 ni. tee ami Navi- . . 
 
 ran™' ™ No ~ 'y °'" am ' t y> commerce, and navigation, to terminate their differences in such a man- 
 ner as, without reference to the merits of their respective complaints and pretensions, 
 may be the best calculated to produce mutual satisfaction and good understanding; and, 
 also, to regulate the commerce and navigation between their respective countries, ter- 
 ritories, and people, in such a manner as to render the same reciprocally beneficial and 
 satisfactory, they have, respectively, named their Plenipotentiaries, and given them 
 full power to treat of, and conclude, the said treaty; that is to say, His Brita'nnic 
 Majesty has named for his Plenipotentiary, the Right Honorable William Wyndham, 
 Baron Grenville, of Wotton, one of his Majesty's Privy Council, and His Majesty's 
 Principal Secretary of State for Foreign Affairs, and the President of the said United 
 States, by and with the advice and consent of the Senate thereof, hath appointed for 
 their Plenipotentiary, the Honorable John Jay, Chief Justice i the said United States 
 and their Envoy Extraordinary to His Majesty, who have agreed on, and concluded 
 ihe following articles : — 
 
 Article I. 
 There shall be a firm, inviolable, and universal peace, and a true and sincere friend- 
 ship between His Britannic Majesty, his heirs and successors, and the United States 
 
15 
 
 of America; and between their respective countries, territories, cities, towns, aiid appendix. 
 people of every degree, without exception of persons or places. - N "' L 
 
 Treaties ami ''<>■ 
 ÏT ventious between 
 
 ARTICLE 11. the United States 
 
 ... . . andGreal Britaiu. 
 
 His Majesty will withdraw all his troops and garrisons, troni all posts and places 
 
 •> ■> i o i i Treaty nl Com 
 
 within the boundary lines assigned by the treaty of peace to the United States. This ""•'"' •""'■ "avi- 
 
 " o >* </ i g a n 19th \<- 
 
 evacuation shall take place on or before the first day of June, one thousand seven hun- "mber, 1794 
 dred and ninety-six, and all the proper measures shall, in the interval, be taken by concert 
 between the Government of the United States and His Majesty's Governor General 
 in America, for settling the previous arrangements which may be necessary, respecting 
 the delivery of the said posts. The United States, in the mean time, at their discretion, 
 extending their settlements to any part within the said boundary line, except within 
 the precincts or jurisdiction of any of the said posts. All settlers and traders within 
 the precincts or jurisdiction of the said posts, shall continue to enjoy unmolested, all 
 their property of every kind, and shall be protected therein. They shall be at full 
 liberty to remain there, or to remove, with all or any part of their effects; and it shall 
 also be free to them to sell their lands, houses, or effects, or to retain the property there- 
 of, at their discretion: such of them as shall continue to reside within the said bound- 
 ary lines shall not be compelled to become citizens of the United States, or to take 
 any oath of allegiance to the Government thereof, but they shall be at full liberty so 
 to do, if they think proper, and they shall make and declare their election within one 
 year after the evacuation aforesaid. And all persons who shall continue there after 
 the expiration of the said year, without having declared their intention of remaining 
 subjects of His Britannic Majesty, shall be considered as having elected to become 
 citizens of the United States. 
 
 Article III. 
 
 It is agreed that it shall at all times be free to his Majesty's subjects, and to the citi- 
 zens of the United States, and also to the Indians dwelling on either side of the said 
 boundary line, freely to pass and repass by land or inland navigation,, into the respec- 
 tive territories and countries of the two parties, on the continent of America, (the 
 country within the limits of the Hudson's Bay Company only excepted,) and to navi- 
 gate all the lakes, rivers, and waters thereof, and freely to carry on trade and com- 
 merce with each other. But it is understood, that this article does not extend to the 
 admission of vessels of the United States into the seaports, harbors, bays, or creeks, 
 of His Majesty's said territories; nor into such parts of the rivers in His Majesty's 
 said territories, as are between the mouth thereof, and the highest port of entry from 
 the sea, except in small vessels trading bona fide between Montreal and Quebec, un- 
 der such regulations as shall be established to prevent the possibility of any frauds in 
 this respect. Nor to the admission of British vessels from the sea into the rivers of 
 the United States, beyond the highest ports of entry for foreign vessels from the sea. 
 The river Mississippi shall, however, according to the treaty of peace, be entirely 
 open to both parties; and it is further agreed, that all the ports and places on its eastern 
 side, to whichsoever of the parties belonging, may freely be resorted to, and used by 
 both parties, in as ample a manner as any of the Atlantic ports or places of the United 
 States, or any of the ports or places of His Majesty in Great Britain. 
 
 All goods and merchandise whose importation into His Majesty's said territories in 
 America, shall not be entirely prohibited, may freely, fur the purposes of commerce, 
 he carried into the same in the manner aforesaid, by the citizens of the United States, 
 and such goods and merchandise shall be subject to no higher or other duties than 
 would be payable by His Majesty's subjects on the importation of the same from Eu- 
 rope into the said territories. And in like manner, all goods and merchandise whose 
 importation into the United States shall not be wholly prohibited, may freely, for the 
 purposes of commerce, be carried into the same, in the manner aforesaid, by His Ma- 
 
16 
 
 xâppendix. jesty's subjects, and such goods and merchandise shall be subject to no higher or other 
 
 No - '• duties, than would be payable by the citizens of the United States on the importation 
 
 Treaties md con- of the same in American vessels into the Atlantic ports of the said States. And all 
 
 the UnUe/sYâus goods not prohibited to be exported from the said territories, respectively, may, in like 
 
 and Great Britain. , ., ,, . . . . . .,, 
 
 — manner, be carried out of the same by the two parties respectively, paying duty as 
 
 Treaty of Com- 
 merce and Navi- aforesaid. 
 
 gation, 19ih No- 
 vember, 1794. No duty of entry shall ever be levied by either party on peltries brought by land 
 
 or inland navigation into the said territories respectively, nor shall the Indians, passing 
 or repassing with their own proper goods and effects, of whatever nature, pay for the 
 same any impost or duty whatever. But goods in bales, or other large packages, un- 
 usual among Indians, shall not be considered as goods belonging bona fide to Indians. 
 
 No higher or other tolls or rates of ferriage than what are or shall be payable by 
 natives, shall be demanded on either side; and no duties shall be payable on any goods 
 which shall be merely carried over any of the portages or carrying places on either 
 side, for the purpose of being immediately reimbarked and carried to some other 
 place or places. But as, by this stipulation, it is only meant to secure to each party a 
 free passage across the portages on both sides, it is agreed that this exemption from 
 duty shall extend only to such goods as are carried in the usual and direct road across- 
 the portage, and are not attempted to be in any manner sold or exchanged during their 
 passage across the same, and proper regulations may be established to prevent the pos- 
 sibility of any frauds in this respect. 
 
 As this article is intended to render, in a great degree, the local advantages of each 
 party common to both, and thereby to promote a disposition favorable to friendship 
 and good neighborhood, it is agreed, that the respective Governments will mutually 
 promote this amicable intercourse, by causing speedy and impartial justice to be done, 
 and necessary protection to be extended to all who may be concerned therein. 
 
 Article IV. 
 Whereas it is uncertain whether the river Mississippi extends so far to the north- 
 ward as to be intersected by a line to be drawn due west from the Lake of the Woods> 
 in the manner mentioned in the treaty of peace between His Majesty and the United 
 States, it is agreed, that measures shall be taken in concert between His Majesty's Go- 
 vernment in America, and the Government of the United States, for making a joint 
 survey of the said river, from one degree of latitude below the falls of St. Anthony 
 to the principal source or sources of the said river, and also of the parts adjacent 
 thereto; and that if, on the result of such survey, it should appear that the said river 
 would not be intersected by such a line as is above mentioned, the two parties will 
 thereupon proceed, by amicable negotiation, to regulate the boundary line in that quar- 
 ter, as well as all other points to be adjusted between the said parties, according to jus- 
 tice and mutual convenience, and in conformity to the intent of the said treaty 7 . 
 
 Article V. 
 
 Whereas doubts have arisen what river was truly intended under the name of the River 
 St. Croix, mentioned in the said treaty of peace, and forming a part of the boundary 
 therein described, that question shall be referred to the final decision of Commission- 
 ers to be appointed in the following manner, viz: 
 
 One Commissioner shall be named by His Majesty, and one by the President of the 
 United States, by and with the advice and consent of the Senate thereof, and the said 
 two Commissioners shall agree on the choice of a third; or, if they cannot so agree, 
 they shall each propose one person, and of the two names so proposed, one shall be 
 drawn by lot in the presence of the two original Commissioners. And the three Com- 
 missioners so appointed, shall be sworn impartially to examine and decide the said 
 question, according to such evidence as shall respectively be laid before them on the 
 
17 
 
 part of the British Government and of the United States. The said Commissioners JlppenxILr. 
 shall meet at Halifax, and shall have power to adjourn to such other place or places as Nn ' l ' 
 they shall think fit. They shall have power to appoint a Secretary, and to employ Treaties and Con- 
 such Surveyors or other persons as they shall judge necessary. The said Commission- ihc United States 
 
 ... ii'ii iii- . and Great Britain 
 
 ers shall, bv a declaration under their hands and seals, decide what river is t he River 
 
 . . Treaty of Ci m 
 
 St. Croix intended by the treaty. The said declaration shall contain a description of""-'" •""' Nat - 
 
 J * ' gatinn, l'.Hh Nu 
 
 the said river, and shall particularize the latitude and longitude of its mouth and of its member, L794. 
 source. Duplicates of this declaration, and of the statements of their accounts, and of 
 the journal of their proceedings, shall be delivered by them to the agent of His Majes- 
 ty, and to the agent of the United States, who may be respectively appointed and au- 
 thorized to manage the business on behalf of the respective Governments. x\nd both 
 parties agree to consider such decision as final and conclusive, so as that the same 
 shall never thereafter be called into question, or made the subject of dispute or differ- 
 ence between them. 
 
 Article VI. 
 
 Whereas it is alleged by clivers British merchants and others, His Majesty's sub- 
 jects, that debts to a considerable amount, which were bona fide contracted bcfoie the 
 peace, still remain owing to them by citizens or inhabitants of the United States; and 
 that, by the operation of various lawlul impediments since the peace, not only the full 
 recovery of the said debts has been delayed, but also the value and security thereof 
 have been, in several instances, impaired and lessened, so that by the ordinary course 
 of judicial proceedings, the British creditors cannot now obtain, and actually have and 
 receive, full and adequate compensation for the losses and damages which they have 
 thereby sustained: it is agreed, that in all such cases, where full compensation for such 
 losses and damages cannot, for whatever reason, be actually obtained, had and received, 
 by the said creditors, in the ordinary course of justice, the United States will make full 
 and complete compensation for the same to the said creditors: but it is distinctly un- 
 derstood that this provision is to extend to such losses only as have been occasioned 
 by the lawful impediments aforesaid, and is not to extend to losses occasioned by such 
 insolvency of the debtors, or other causes, as would equally have operated to produce 
 such loss, if the said impediments had not existed; nor to such losses or damages as 
 have been occasioned by the manifest delay or negligence, or wilful omission of the 
 claimant. 
 
 For the purpose of ascertaining the amount of any such losses or damages, five 
 Commissioners shall be appointed, and authorized to meet and act in manner follow- 
 ing, viz: Two of them shall be appointed by His Majesty, two of them by the Presi- 
 dent of the United States, by and with the advice and consent of the Senate thereof, 
 and the fifth by the unanimous voice of the other four; and, if they should not agree in 
 such choice, then the Commissioners named by the two parties shall, respectively, pro- 
 pose one person, and of the two names so proposed, one shall be drawn by lot in the 
 presence of the four original Commissioners. When the five Commissioners thus ap- 
 pointed shall first meet, they shall, before they proceed to act, respectively take the 
 following oath or affirmation, in the presence of each other, which oath or affirmation 
 being so taken and duly attested, shall be entered on the record of their proceedings, 
 viz: I, A B, one of the Commissioners appointed in pursuance of the Sixth Article of 
 the treaty of amity, commerce, and navigation, between His Britannic Majesty and 
 the United States of America, do solemnly swear, (or affirm,) that I will honestly, 
 diligently, impartially, and carefully examine, and to the best of my judgment, ac- 
 cording to justice and equity, decide all such complaints as under the said article shall 
 be preferred to the said Commissioners; and that 1 will forbear to act as a Commissioner 
 in any case in which I may be personally interested. 
 
 Three of the said Commissionersshall constitute a Board, and shall have power to do 
 any act appertaining to the said commission, provided that one of the Commissioners 
 
IS 
 
 Jipptndix. named on each side, and the fifth Commissioner shall he present; and all decisions 
 
 shall be made by the majority of the voices of the Commissioners then present. 
 
 Treaties and Con- Eighteen months from the day on which the said Commissioners shall form a Board, 
 
 \ ( niions between . II* • • • 
 
 the United states and be ready to proceed to business, are assigned tor receiving complaints and annli- 
 
 nndGreal Britain. " . 
 
 cations; but they are nevertheless authorized, in any particular cases in which it shall 
 
 Treaty of (' J J l 
 
 m. !.. and Navi- appear to them to be reasonable and just, to extend the said term of eighteen months, 
 
 Ration, 19th No- J ° ' 
 
 vcmiier, 1794. for any term not exceeding six months after the expiration thereof. The said Com- 
 missioners shall first meet at Philadelphia, but they shall have power to adjourn from 
 place to place, as they shall see cause. 
 
 The said Commissioners, in examining the complaints and applications so preferred 
 to them, are empowered and required, in pursuance of the true intent and meaning of 
 Ibis article, to lake into their consideration all claims, whether of principal or interest, 
 or balances of principal or interest; and to determine the same respectively, accord- 
 ing to the merits of the several cases, due regard being had to all the circumstances 
 thereof, and as equity and justice shall appear to them to require. And the said Com- 
 missioners shall have power to examine all such persons as shall come before them, on 
 oath or affirmation, touching the premises; and, also, to receive in evidence, accord- 
 ing as they may think most consistent with equity and justice, all written depositions, 
 or books or papers, or copies or extracts thereof; every such deposition, book, paper, 
 or copy or extract, being duly authenticated, either according to the legal forms now 
 respectively existing in the two countries, or in such other manner as the said Com- 
 missioners shall see cause to require or allow. 
 
 The award of the said Commissioners, or of any three of them, as aforesaid, shall 
 in all cases be final and conclusive, both as to the justice of the claim, and to the amount 
 of the sum to be paid to the creditor or claimant: and the United States undertake to 
 cause the sum 90 awarded, to be paid in specie to such creditor or claimant, without 
 deduction; and at such time or times, and at such place or places, as shall be award- 
 ed by the said Commissioners; and on condition of such releases or assignments, to be 
 given by the creditor or claimant, as by the said Commissioners may be directed: 
 Provided, always, that no such payment shall be fixed by the said Commissioners to 
 take place sooner than twelve months from the day of the exchange of the ratifica- 
 tions of this treaty. 
 
 Article VII. 
 
 Whereas complaints have been made by divers merchants and others, citizens of the 
 United States, that during the course of the war in which Mis Majesty is now engaged, 
 they have sustained considerable losses and damage, by reason of irregular or illegal 
 captures or condemnations, of their vessels and other property, under color of autho- 
 rity or commissions from His Majesty, and that from various circumstances belonging 
 to the said cases, adequate compensation for the losses and damages so sustained can- 
 not now be actually obtained, had and received, by the ordinary course of judicial pro- 
 ceedings; it is agreed, that in all such cases, where adequate compensation cannot, for 
 whatever reason, be now actually obtained, had and received, by the said merchants and 
 others, in the ordinary course of justice, full and complete compensation for the same 
 will be made by the British Government to the said complainants. But it is distinctly 
 understood that this provision is not to extend to such losses or damages as have been 
 occasioned by the manifest delay or negligence, or wilful omission of the claimant. 
 
 That for the purpose of ascertaining the amount of any such losses and damages, 
 live Commissioners, shall he appointed and authorized to act in London, exactly in the 
 manner directed with respect to those mentioned in the preceding article, and after 
 having taken the same oath or affirmation (mutatis mutandis) the same term of eighteen 
 months is also assigned for the reception of claims, and they are, in like manner, au- 
 thorized to extend the same in particular cases. They shall receive testimony, books, 
 papers, and evidence, in the same latitude, and exercise the like discretion and powers 
 
19 
 
 respecting that subject, and shall decide the claims in question according to the merits appendix. 
 of the several cases, and to justice, equity, and the laws of nations. The award of the No ' l " 
 
 said Commissioners, or any such three of them as aforesaid, shall in all cases be final Treaties! 'on 
 
 and conclusive, both as to the justice of the claim and to the amount of the sum to be ti«" UnTicc" '."..'," 
 
 paid to the claimant; and His Britannic Majesty undertakes to cause the same to be'"' 
 
 paid to such claimant in specie, without any deduction, at such placeor places, and at"»"" ' -""i Nnvi 
 
 such time or times, as shall he awarded by the said t ommissioners, and on condition of vcmber, inn. 
 
 such releases or assignments, to be given by the claimants, as by the said Commissioners 
 
 may be directed. 
 
 And whereas certain merchants and others, His Majesty's subjects, complain that, 
 in the course of the war, they have sustained loss and damage by reason of the cap- 
 ture of their vessels and merchandise, taken within the limits and jurisdiction of the 
 States, and brought into the ports of the same, or taken by vessels originally armed 
 in ports of the said States. 
 
 It is agreed that in all such cases where restitution shall not have been made agree- 
 ably to the tenor of the letter from Mr. Jefferson to Mr. Hammond, datetl at Phila- 
 delphia, September 5, 1793, a copy of which is annexed to this treaty; the complaints 
 of the parties shall be, and hereby arc, referred to the Commissioners to be appointed 
 by virtue of this article, who are hereby authorized and required to proceed in the like 
 manner relative to these, as to the other cases committed to them; and the United 
 States undertake to pay to the complainants or claimants in specie, without deduction, 
 the amount of such sums as shall be awarded to them respectively, by the said Com- 
 missioners, and at the times and places which, in such awards, shall be specified; and 
 on condition of such releases or assignments, to be given by the claimants, as in the 
 said awards may be directed: And it is further agreed, that not only the now existing 
 cases of both descriptions, but also all such as shall exist at the time of exchanging the 
 ratifications of this treaty, shall be considered as being within the provisions, intent, 
 and meaning, of this article. 
 
 Article VIII. 
 
 It is further agreed, that the Commissioners mentioned in this and in the two pre- 
 ceding articles, shall be respectively paid in such manner as shall be agreed between 
 the two parties, such agreement being to be settled at the time of the exchange of the 
 ratifications of this treaty. And all other expenses attending the said commissions 
 shall be defrayed jointly by the two parties, the same being previously ascertained and 
 allowed by the majority of the Commissioners. And in the case of death, sickness, 
 or necessary absence, the place of every such Commissioner respectively, shall be sup- 
 plied in the same manner as such Commissioner was first appointed, and the new Com- 
 missioners shall take the same oath or affirmation, and do the same duties. 
 
 Article IX. 
 
 It is agreed that British subjects who now hold lands in the territories of the United 
 Stales, and American citizens who now hold lands in the dominions of His Majesty, 
 shall continue to hold them according to the nature and tenure of their respective es- 
 tates and titles therein; and may grant, sell, or devise the same to whom they please, 
 in like manner as if they were natives, and that neither they nor their heirs or assigns 
 shall, so far as may respect the said lands and the legal remedies incident thereto, be 
 regarded as aliens. 
 
 Article X. 
 
 Neither the debts due from individuals of the one nation to individuals of the other, 
 nor shares nor moneys which they may have in the public funds or in the public or 
 private banks, shall ever, in any event of war or national differences, be sequestered 
 or confiscated ; it being unjust and impolitic that debts and engagements contracted and 
 made by individuals having confidence in each other and in their respective Govern- 
 
20 
 
 Sppendix. menfs, should ever be destroyed or impaired by national authority on account of na- 
 So - x - tional differences and discontents. 
 
 Trcaiies ;u'd Con- 
 nie United Smtes ARTICLE A 1. 
 
 undGroatBritain. ^ .^ eed between II is Majesty and the United States of America, that there shall 
 
 Treaty of Com- ^ ,, *,- i-i /••*• 1 t . i 
 
 '"""• ■"'•' Navi ' be a reciprocal and entirely perfect liberty ol navigation and commerce between their 
 
 L ;.l|..!i, r.ith No- * ..... . . ... , 
 
 r. 1794. respective people, in the manner, under the limitations, and on the conditions specified 
 
 in the following articles. 
 
 Article XII. 
 
 His Majesty consents that it shall and may be lawful during the time hereinafter 
 limited, for the citizens of the United States to carry to any of His Majesty's Islands 
 and ports in the West Indies, from the United States, in their own vessels, not being 
 above the burthen of seventy tons, any goods or merchandises, being of the growth, 
 manufacture, or produce of the said States, which it is or may be lawful to carry to 
 the said islands or ports, from the said States, in British vessels; and that the said 
 American vessels shall be subject there, to no other or higher tonnage duties or charges 
 than shall be payable by British vessels in the ports of the United States; and that the 
 cargoes of the said American vessels shall be subject there, to no other or higher duties 
 or charges than shall be payable on the like articles if imported there from the said 
 States in British vessels. 
 
 And His Majesty also consents, that it shall be lawful for the said American citizens 
 to purchase, load, and carry away in their said vessels, to the United States, from the 
 said islands and ports, all such articles, being of the growth, manufacture, or produce 
 of the said islands, as may now. by law, be carried from thence to the said States in 
 British vessels, and subject only to the same duties and charges on exportation, to 
 which British vessels and their cargoes are, or shall be subject, in similar circumstances. 
 Provided, always, that the said American vessels do carry and land their cargoes 
 in the United States only, it being expressly agreed and declared, that during the con- 
 tinuance of this article, the United States will prohibit and restrain the carrying any 
 molasses, suo-ar, coffee, cocoa or cotton, in American vessels, either from His Majes- 
 ty's Islands, or from the United States to any part of the world, except the United 
 States reasonable sea stores excepted. Provided, also, that it shall and may be law- 
 ful during the same period, for British vessels to import from the said islands into 
 the United States, and to export from the United States to the said islands, all articles 
 whatever, being of the growth, produce, or manufacture of the said islands, or of the 
 United States respectively, which now may, by the laws of the said States, be so im- 
 ported and exported. And that the cargoes of the said British vessels shall be sub- 
 ject to no other or higher duties or charges than shall be payable on the same articles, 
 if so imported or exported in American vessels. 
 
 It is agreed, that this article and every matter and thing therein contained, shall con- 
 tinue to be in force during the continuance of the war in which His Majesty is now 
 engaged; and, also, for two years from and after the day of the signature of the pre- 
 liminary or other articles of peace, by which the same may be terminated. 
 
 And it is further agreed that, at the expiration of the said term, the two Contract- 
 in°- Parties will endeavor to regulate their commerce in this respect, according to 
 the situation in which His Majesty may then find himself, with respect to the West 
 Indies, and with a view to such arrangements as may best conduce to the mutual ad- 
 vantage and extension of commerce. And the said parties will then also renew their 
 discussions and endeavor to agree, whether in any, and what, cases neutral vessels shall 
 protect enemy's property; and in what cases provisions and other articles, not gene- 
 rally contraband, may become such. But, in the mean time, their conduct towards 
 each other in these respects, shall be regulated by the articles hereinafter inserted on 
 those subjects. 
 
21 
 
 Article XIII. Jîpptndix. 
 
 His Majesty consents that the vessels belonging to the citizens of the United Slates 
 of America, shall be ailmitteil and hospitably received, in all the seaports and h ar- Treaties ami Con 
 
 . . volitions between 
 
 hors of the British territories in the Last Indies. And that the citizens ol the said tim Unind siates 
 
 auilGreal Utitain. 
 
 United States may freely carry on a trade between the said territories and the said ^ — - ( 
 United States, in all articles of which the importation or exportation, respectively, to ";;;";;, •'"', l )Ml N: i i v ; i . 
 or from the said territories, shall not be entirely prohibited. Provided, only, that it vcmber, iv.-i. 
 shall not be lawful for them in any time of war between the British Government and 
 any other Power or State whatever, to export from the said territories, without the 
 special permission of the British Government there, any military stores, or naval stores, 
 or rice. The citizens of the United States shall pay for their vessels, when admitted 
 into the said ports, no other or higher tonnage duty than shall be payable on British 
 vessels when admitted into the ports of the United States. And they shall pay no 
 other or higher duties or charges on the importation or exportation of the cargoes ol" 
 the said vessels, than shall be payable on the same articles when imported or exported 
 in British vessels. But it is expressly agreed, that the vessels of the United States 
 shall not carry any of the articles exported by them from the said British territories, 
 to any port or place, except to some port or place in America, where the same shall be 
 unladen, and such regulations shall be adopted by both parties as shall, from time to 
 lime, be found necessary to enforce the due and faithful observance of this stipulation. 
 It is also understood, that the permission granted by this article, is not to extend to 
 allow the vessels of the United States to carry on any part of the coasting trade of the 
 said British territories; but vessels going with their original cargoes, or part thereof, 
 from one port of discharge to another, are not to be considered as carrying on the 
 coasting trade. Neither is this article to be construed to allow the citizens of the said 
 States to settle or reside within the said territories, or to go into the interior parts 
 thereof, without the permission of the British Government established there; and if 
 any transgression should be attempted against the regulations of the British Govern- 
 ment in this respect, the observance of the same shall and may be enforced against the 
 citizens of America, in the same manner as against British subjects, or others trans- 
 eressiti"- the same rule. And the citizens of the United States, whenever they arrive 
 in any port or harbor in the said territories, or if they should be permitted, in man- 
 ner aforesaid, to go to any other place therein, shall always be subject to the laws, go- 
 vernment, and jurisdiction, of whatever nature established in such harbor, port or place, 
 according as the same may be. The citizens of the United States may also touch for 
 refreshment at the Island of St. Helena, but subject in all respects to such regulations 
 as the British Government may, from time to time, establish there. 
 
 Article XIV. 
 
 There shall be between all the dominions of His Majesty in Europe, and the terri- 
 tories of the United States, a reciprocal and perfect liberty of commerce and naviga- 
 tion. The people and inhabitants of the two countries, respectively, shall have liberty, 
 freely and securely, ami without hinderance and molestation, to come with their ships 
 and cargoes to the lands, countries, cities, ports, places, and rivers, within the domin- 
 ions and territories aforesaid, to enter into the same, to resort there, and to remain and 
 reside there, without any limitation of time. Also, to hire and possess houses and 
 warehouses for the purposes of their commerce, and, generally, the merchants and 
 traders on each side shall enjoy the most complete protection and security for their 
 commerce, but subject always, as to what respects this article, to the laws and statutes 
 of the two countries respectively. 
 
 Article XV. 
 
 It is agreed, that no other or higher duties shall be paid by the ships or merchan- 
 dise of the one party in the ports of the other, than such as are paid by the like ves- 
 

 22 
 
 Appendix, sels or marchandise of all other nations. Nor shall any other or higher duty he im- 
 
 So ' 1- posed in one country, on the importation of any articles, of the growth, produec, or 
 
 Treaties nnrt Co.,- manufacture of the other, than are or shall be payable on the importation of the like 
 
 5i e "u n"*ed*s! , ât« articles, being of the growth, produce, or manufacture of any other foreign country. 
 
 and Great Britain. ,. , . , ,. • r .* i 
 
 — Nor shall any prohibition be imposed on the exportation or importation of any articles 
 
 Treaty of (on J ' . . 
 
 morce ;.-.,i \;,vi- ( or (Voni the territories of the two parties, respectively, winch shall not equally ex- 
 
 ?ation, Ifiili .v.- * 
 
 " ■'" '■"'• tend to all other nations. 
 
 Eut the British Government reserves to itself the right of imposing on American 
 vessels, entering into the British ports in Europe, a tonnage duty equal to that which 
 shall be payable by British vessels in the ports of America; and, also, such duty as 
 may be adequate to countervail the difference of duty now payable on the importation 
 of European and Asiatic goods, when imported into the United States, in British or 
 in American vessels. 
 
 The two parties agree to treat for the more exact equalization of the duties on the 
 respective navigation of their subjects and people, in such manner as may be most 
 beneficial to the two countries. The arrangements for this purpose shall be made at 
 the same time with those mentioned at the conclusion of the twelfth article of this 
 treaty, and are to be considered as a part thereof. In the interval, it is agreed, that 
 the United States will not impose any new or additional tonnage duties on British ves- 
 sels, nor increase the now subsisting difference between the duties payable on the im- 
 portation of any articles in British or in American vessels. 
 
 Article XVI. 
 
 It shall be free for the two Contracting Parties, respectively, to appoint Consuls for 
 the protection of trade, to reside in the dominions and territories aforesaid: and the 
 said Consuls shall enjoy those liberties and rights which belong to them by reason of 
 their function. But before any Consul shall act as such, he shall be in the usual forms 
 approved and admitted by the party to whom he is sent; and it is hereby declared to 
 lie lawful and proper, that in case of illegal or improper conduct towards the laws or 
 Government, a Consul may either he punished according to law, if the laws will reach 
 the case, or be dismissed, or even sent back, the offended Government assigning to the 
 other their reasons for the same. 
 
 Either of the parties may except from the residence of Consuls, such particular 
 places as such party shall judge proper to be so excepted. 
 
 Article XVII. 
 
 It is agreed, that in all cases where vessels shall be.captured or detained, on just sus- 
 picion of having on board enemy's property, or of carrying to the enemy any of the 
 articles which are contraband of war, the said vessel shall be brought to the nearest 
 or most convenient port, and if any property of an enemy should be found on board 
 such vessel, that part only which belongs to the enemy shall be made prize, and the 
 vessel shall be at liberty to proceed with the remainder without any impediment. And 
 it is agreed, that all proper measures shall be taken to prevent delay, in deciding the 
 cases of ships or cargoes so brought in for adjudication; and in the payment or recovery 
 nf any indemnification, adjudged or agreed to be paid to the masters or owners of such 
 ships. 
 
 Article XVIII. 
 
 In order to regulate what in future is to be esteemed contraband of war, it is agreed, 
 that under the said denomination shall be comprised all arms and implements serving 
 tor the purposes of war, by land or sea, such as cannon, muskets, mortars, petards, 
 bombs, grenadoes, carcasses, saucisses, carriages for cannon, musket rests, bandoliers, 
 gunpowder, match, saltpetre, ball, pikes, swords, head pieces, cuirasses, halberts, lances, 
 javelins, horses, horse furniture, holsters, belts, and, generally, all other implements of 
 
23 
 
 war; as also, timber for ship building, tar or rosin, copper in sheets, sails, hemp and *'lppcndi.:\ 
 cordage, and, generally, whatever may serve directly to the equipment of vessels, un- ' 
 
 wrought iron and fir planks only excepted; and all the above articles are hereby de- Treaties and c™ 
 
 o l •* ■ * ventinnti heiween 
 
 clared to be just objects of confiscation, whenever they are attempted to be carried to th ^ o'csoBriiSn! 8 
 an enemy. Treaty^ com 
 
 And whereas the difficulty of agreeing on the precise cases, in which alone provi- """, Tnth^Nw 
 sions and other articles not generally contraband, may be regarded as such, renders it ""''"''• ''"' 
 expedient to provide against the inconveniences and misunderstandings which might 
 thence arise, it is further agreed, that whenever any such articles so becoming contra- 
 band, according to the existing laws of nations, shall for that reason be seized, the same 
 shall not be confiscated, but the owners thereof shall be speedily and completely in- 
 demnified: and the captors, or, in their default, the Government^ tinder whose authori- 
 ty they act, shall pay to the masters or owners of such vessels the full value of all 
 such articles, with a reasonable mercantile profit thereon, together with the freight, and 
 also the demurrage incident to such detention. 
 
 And whereas it frequently happens, that vessels sail for a port or place belonging 
 to an enemy, without knowing that the same is either besieged, blockaded, or invest- 
 ed, it is agreed, that every vessel so circumstanced, may be turned away from such 
 port or place; but she shall not be detained, nor her cargo, if not contraband, be con- 
 fiscated, unless after notice she shall again attempt to enter; but she shall be permitted 
 to go to any other port or place she may think proper: Nor shall any vessel or goods 
 of either party, that may have entered into such port or place before the same was be- 
 sieged, blockaded, or invested by the other, and be found therein after the reduction 
 or surrender of such place, be liable to confiscation, but shall be restored to the own- 
 ers or proprietors thereof. 
 
 Article XIX. 
 
 And that more abundant care may be taken for the security of the respective sub- 
 jects and citizens of the Contracting Parties, and to prevent their suffering injuries by 
 the men cf war, or privateers of either party, all commanders of ships of war, and 
 privateers, and all others, the said subjects and citizens, shall forbear doing any dam- 
 age to those of the other party, or committing any outrage against them, and if they 
 act to the contrary, they shall be punished, and shall also be bound in their persons 
 and estates, to make satisfaction and reparation for all damages, and the interest there- 
 of, of whatever nature the said damages may be. 
 
 For this cause all commanders of privateers, before they receive their commissions, 
 shall hereafter be obliged to give, before a competent judge, sufficient security, by at 
 least two responsible sureties, who have no interest in the said privateer, each of whom, 
 together with the said commander, shall be jointly and severally bound in the sum of 
 fifteen hundred pounds sterling, and if such ship be provided with above one hundred 
 and fifty seamen or soldiers, in the sum of three thousand pounds sterling, to satisfy 
 all damages and injuries which the said privateer, or her officers or men, or any of 
 them, may do or commit during their cruise, contrary to the tenor of this treaty, or 
 to the laws and instructions for regulating their conduct; and further, that in all cases 
 of aggressions the said commissions shall be revoked and annulled. 
 
 h is also agreed, that whenever a Judge of a Court of Admiralty, of either of the 
 parties, shall pronounce sentence against any vessel, or goods, or property, belonging 
 to the subjects or citizens of the other party, a formal and duly authenticated copy of 
 all the proceedings in the cause, and of the said sentence, shall, if required, be de- 
 livered to the commander of the said vessel, without the smallest delay, he paying all 
 legal fees and demands for the same. 
 
 Article XX. 
 It is further agreed, that both the said Contracting Parties shall not only refuse to re- 
 ceive any pirates into any of their ports, havens, or towns, or permit any of their in- 
 
fl 
 
 24 
 
 appendix, habitants to receive, protect, harbor, conceal, or assist them in any manner, but will 
 N " '• bring to condign punishment all such inhabitants as shall be guilty of such acts or 
 
 I'm atiesand Con offences. 
 
 )',',. "i'unr.i' [."','," And all their ships, with the goods or merchandises taken by them, and brought in- 
 
 nnd Great Biiiaiu. . . , .. . . . r , , ,. 
 
 to the port ot either of the said parties, shall be seized, as tar as they can be discover- 
 ■"""■ Nnvi- e j a nd shall be restored to the owners, or their factors or agents, duly deputed and 
 
 çiitinu, I'Hli Ko- 
 
 <"'<• i; '" authorized in writing by them, (proper evidence being first given in the Court of Ad- 
 miralty for proving the property,) even in case such effects should have passed into 
 other hands by sale, if it be proved that the buyers knew, or had good reason tr. be- 
 lieve or suspect, that they had been piratically taken. 
 
 Article XXI. 
 
 It is likewise agreed, that the subjects and citizens of the two nations shall not do- 
 any acts of hostility or violence against each other, nor accept commissions or instruc- 
 tions so to act from any foreign Prince or State, enemies to the other party; nor shall 
 the enemies of one of the parties be permitted to invite, or endeavor to enlist in their 
 military service, any of the subjects or citizens of the other party, and the laws against 
 all such offences and aggressions shall be punctually executed. And if any subject or 
 citizen of the said parties, respectively, shall accept any foreign commission, or letters 
 of marque, for arming any vessel to act as a privateer against the other party, and be 
 taken by the other party, it is hereby declared to be lawful for the said party to treat 
 and punish the said subject or citizen, having such commission or letters of marque, 
 as a pirate. 
 
 Article XXII. 
 
 It is expressly stipulated, that neither of the said Contracting Parties will order or 
 authorize any acts of reprisal against the other, on complaints of injuries or damages, 
 until the said party shall first have presented to the other a statement thereof, verified 
 by competent proof and evidence, and demanded justice and satisfaction, and the same 
 shall either have been refused or unreasonably delayed. 
 
 Article XXIII. 
 The ships of war of each of the Contracting Parties shall, at all times, be hospita- 
 bly received in the ports of the other, their officers and crews paying due respect to 
 the laws and Government of the country. The officers shall be treated with that re- 
 spect which is due to the commissions which they bear, and if any insult should be 
 offered to them by any of the inhabitants, all offenders in, this respect shall be pun- 
 ished as disturbers of the peace and amity between the two countries. And His Ma- 
 jesty consents, that in case an American vessel should, by stress of weather, danger 
 from enemies, or other misfortune, be reduced to the necessity of seeking shelter in 
 any of His Majesty's ports, into which such vessel could not, in ordinary cases, claim 
 to be admitted, she shall, on manifesting that necessity to the satisfaction of the Go- 
 vernment of the place, be hospitably received, and be permitted to refit, and to pur- 
 chase, at the market price, such necessaries as she may stand in need of, conformably 
 to such orders and regulations as the Government of the place, having respect to the 
 circumstances of each case, shall prescribe. She shall not be allowed to break bulk 
 or unload her cargo, unless the same should be bona fide necessary to her being refitted; 
 nor shall she be permitted to sell any part of her cargo, unless so much only as may 
 be necessary to defray her expenses, and then not without the express permission of 
 the Government of the place; nor shall she be obliged to pay any duties whatever, 
 except only on such articles as she may be permitted to sell for the purpose aforesaid. 
 
 Article XXIV. 
 It shall not be lawful for any foreign privateers, (not being subjects or citizens of 
 cither of the said partie*,) who have commissions from any other Prince or State in 
 
25 
 
 enmity with either nation, to arm their ships in the ports of either of the said patties, appendix. 
 nor to sell what they have taken, nor in any other manner to exchange the same; nor No *' 
 shall they be allowed to purchase more provisions than shall be necessary for their Treaties and Con- 
 going to the nearest port of that Prince or State from whom they obtained their com- the" Unhe/sTatc" 
 
 and Great Bruant. 
 
 missions. — 
 
 . _, , 7 xr Treaty of Com- 
 
 ARTICLE XXV. merce ;inrt Navi- 
 
 patinn, Huh No- 
 It shall be lawful for the ships of war and privateers belonging to the said parties, «ruber, i~" 
 
 respectively, to carry whithersoever they please, the ships and goods taken from their 
 enemies, without being oblige I to pay any fee to the officers of the Admiralty, or to 
 any judges whatever; nor shall the said prizes, when they arrive at and enter the ports 
 of the said parties, be detained or seized; neither shall the searchers or other officers of 
 those places, visit such prizes, (except for the purpose of preventing the carrying of 
 any part of the cargo thereof on shore, in any manner contrary to the established laws 
 of revenue, navigation, or commerce,) nor shall such officers take cognizance of tin- 
 validity of such prizes; but they shall be at liberty to hoist sail, and depart as speed- 
 ily as may be, and carry their said prizes to the place mentioneJ in their commissions 
 or patents, which the commanders of the said ships of war or privateers shall be 
 obliged to shew. No shelter or refuge shall be given in their ports, to such as have 
 made a prize upon the subjects or citizens of either of the said parties; but if forced, 
 hy stress of weather, or the dangers of the sea, to enter therein, particular care shall 
 he taken to hasten their departure, and to cause them to retire as soon as possible. 
 Nothing in this treaty contained shall, however, be construed, or operate contrary to 
 former and existing public treaties with other Sovereigns or States. But the two par- 
 ties agree, that while they continue in amity, neither of them will in future make any 
 treaty that shall be inconsistent with this or the preceding article. 
 
 Neither of the said parties shall permit the ships or goods belonging to the subjects 
 or citizens of the other, to be taken within cannon shot of the coast, nor in any of the 
 bays, ports, or rivers of their territories, by ships of war. or others having commission 
 from any Prince, Republic, or State whatever. Put in case it should so happen, the 
 party whose territorial rights shall thus have been violated, shall use his utmost endea- 
 vors to obtain from the offending party, full and ample satisfaction for the vessel o-r 
 vessels so taken, whether the same be vessels of war or merchant vessels. 
 
 Article XXVI. 
 If at any time a rupture should take place, (which God forbid) between His Majesty 
 and the United States, the merchants and others of each of the two nations, residing 
 in the dominions of the other, shall have the privilege of remaining and continuing . 
 their trade, so long as they behave peaceably and commit no offence against the laws; 
 and in case their conduct should render them suspected, and the respective Govern- 
 ments should think proper to order them to remove, the term of twelve months from 
 the publication of the order, shall be allowed them for that purpose, to remove their 
 families, effects, and property; but this favor shall not be extended to those who 
 shall act contrary to the established laws: and for greater certainty, it is declared, that 
 such rupture shall not be deemed to exist while negotiations for accommodating differ- 
 ences shall be depending, nor until the respective ambassadors or ministers, if such 
 there shall be, shall be recalled, or sent home on account of such differences, and not 
 on account of personal misconduct, according to the nature and degrees of which both 
 parties retain their respective rights, either to request the recall, or immediately to send 
 home the ambassador or minister of the other, and that without prejudice to their mu- 
 tual friendship and good understanding. 
 
 ARTtCLE XXVII. 
 
 It is further agreed, that His Majesty and the United States, on mutual requisitions 
 
 try them respectively, or by their respective ministers or officers authorized to make 
 
 7* 
 
26 
 
 .appendix, the same, will deliver up to justice all persons who, being charged with murder 01 
 
 N "' x forgery, committed within the jurisdiction of either, shall seek an asylum within any 
 
 Treaties ami Con- of the countries of the other, provided that this shall only be"done on such evidence of 
 
 ihTû°nUcd M smt e cscriminality as, according to the laws of the place where the fugitive or person so 
 
 " — n "' charged shall be found, would justify his apprehension and commitment for trial, if 
 
 Treaty of Com- . ,., r . . . . , _. 
 
 tfierce and Navi (he offence had there been committed. 1 he expense oi such apprehension and delive- 
 
 calii.M, l9th No- ....... 
 
 vcinbcr, i7M. rv j s ] la ]| | )C borne and defrayed by those who make the requisition and receive the 
 fugitive. 
 
 Article XXVIII. 
 
 It is agreed, that the first ten articles of this treaty shall be permanent, and that the 
 subsequent articles, except the twelfth, shall be limited in iheirduration to twelve years, 
 to be computed from the day on which the ratifications of this treaty shall be exchanged, 
 but subject to this condition: that whereas, the said twelfth article will expire by the 
 limitation therein contained, at the end of two years from the signing of the prelimi- 
 nary or other articles of peace, which shall terminate the present war in which His 
 Majesty is engaged, it is agreed, that proper measures shall by concert be taken, for 
 brinoin"- the subject of that article into amicable treaty and discussion, so early before 
 the expiration of the said term, as that new arrangements on that head may, by that 
 time, be perfected and ready to take place. But if it should unfortunately happen 
 that His Majesty and the United States should not be able to agree on such new ar- 
 rangements, in that case, all the articles of this treaty, except the first ten, shall then 
 cease and expire together. 
 
 Lastly. This treaty, when the same shall have been ratified by His Majesty and by 
 the President of the United States, by and with the advice and consent of their Se- 
 nate, and the respective ratifications mutually exchanged, shall be binding and obliga- 
 tory on His Majesty and on the said States, and shall be by them respectively execut- 
 ed and observed, with punctuality and the most sincere regard to good faith; and 
 whereas it will be expedient, in order the better to facilitate intercourse, and obviate 
 difficulties, that other articles be proposed and added to this treaty, which articles, from 
 want of time and other circumstances, cannot now be perfected, it is agreed that the 
 said parlies will, from time to lime, readily treat of and concerning such articles, and 
 will sincerely endeavor so to form them as that they may conduce to mutual conve- 
 nience, and tend to promote mutual satisfaction and friendship; and that the said arti- 
 cles, after having been duly ratified, shall be added to, and make a part cf this treaty. 
 In faith whereof, we, the undersigned, Ministers Plenipotentiary of His Majesty the 
 King of Great Britain, and the United States of America, have signed this present 
 treaty, and have caused to be affixed thereto the seal of our arms. 
 
 Done at London, this nineteenth day of November, one thousand seven hundred 
 and ninety-four. 
 
 [l. s.j GRENVILLE. 
 O s.] JOHN JAY. 
 
 TREATY OT PEACE AND AMITY, 
 
 BETWEEN HIS BRITANNIC MAJESTY AND THE UNITED STATES OF AMERICA. 
 
 Treaty of peace His Britannic Majesty and the United States of America, desirous of terminating the 
 
 Mth December, ' war which has unhappily subsisted between the two countries, and of restoring, upon 
 
 principles of perfect reciprocity, peace, friendship, and good understanding between 
 
 them, have, for that purpose, appointed their respective Plenipotentiaries; that isto say, 
 
27 
 
 His Britannic Majesty, on his part, has appointed the Right Honorable James Lord Gam- appendix. 
 
 bier late Admiral of the White, now Admiral of the Ked Squadron of His Majesty's 
 
 Fleet, Henry Goulburn, Esquire, a Member of the Imperial Parliament and Under Se- Treaties andCon- 
 
 cretary of State, and William Adams, Esquire, Doctor of Civil Laws: and the Presi-the United states 
 J . re and Great Britain* 
 
 dent of the United States, by and with the advice and consent of the Senate thereof, — 
 
 Treaty of Pcaro 
 
 has appointed John Quincy Adams, James A. Bayard, Henry Clay, Jonathan Uussell, "i 1 ,', 1 ,'*'^ 1 ,?, ■'; [ \'™ '•> 
 and Albert Gallatin, citizens of the United States; who, after a reciprocal communica- 1814, 
 tion of their respective full powers, have agreed upon the following articles: 
 
 Article I. 
 Tnere shall be a firm and universal peace between His Britannic Majesty and the 
 United States, and between their respective countries, territories, cities, towns, and 
 people of every degree, without exception of places or persons. All hostilities, both 
 by sea and land, shall cease, as soon as this treaty shall have been ratified by both par- 
 ties as hereinafter mentioned. All territory, places, and possessions whatsoever, taken 
 by either party from the other during the war, or which may be taken after the sign- 
 ing of this treaty, excepting only the islands hereinafter mentioned, shall be restored 
 without delay, and without causing any destruction, or carrying away any of the artil- 
 hrv or other public property originally captured in the said forts or places, and which 
 shall remain therein upon the exchange of the ratifications of this treaty, or any slaves 
 or other private property; and all archives, records, deeds, and papers, either of a 
 public nature, or belonging to private persons, which, in the course of the war, may 
 have fallen into the hands of the officers of either party, shall be, as far as may be 
 practicable, forthwith restored, and delivered to the proper authorities and persons to 
 whom they respectively belong. Such of the islands in the Bay of Passamaquoddy 
 as are claimed by both parties, shall remain in the possession of the party in whose 
 occupation they may be at the time of the exchange of the ratifications of this treaty, 
 until the decision respecting the title to the sa : d islands shall have been made, in con- 
 formity with the fourth article of this treaty. No disposition made by this treaty, as 
 to such possession of the islands and territories claimed by both parties, shall, in any 
 manner whatever, be construed to affect the right of either. 
 
 Article II. 
 Immediately after the ratifications of this treaty by both parties, as hereinafter men- 
 tioned, orders shall be sent to the armies, squadrons, officers, subjects, and citizens, of 
 the two Powers, to cease from all hostilities; and to prevent all causes of complaint 
 which might arise on account of the prizes which may be taken at sea after the said 
 ratifications of this treaty, it is reciprocally agreed, that all vessels and effects which 
 may be taken after the space of twelve days from the said ratifications, upon all parts 
 of the coast of North America, from the latitude of twenty-three degrees north to 
 the latitude of fifty degrees north, and as far eastward in the Atlantic Ocean as the 
 thirty-sixth degree of west longitude from the Meridian of Greenwich, shall be re- 
 stored on each side: that the time shall be thirty days in all other parts of the Atlantic 
 Ocean north of the equinoctial line or equator; and the same time for the British and 
 Irish Channels, for the Gulf of Mexico, and all parts of the West Indies; forty days 
 for the North Seas, for the Baltic, and for all parts of the Mediterranean; sixty days 
 for the Atlantic Ocean south of the equator, as far as the latitude of the Cape of Good 
 Hope; ninety days for every other part of the world south of the equator, and one 
 hundred and twenty days for all other parts of the world without exception. 
 
 Article III. 
 All prisoners of war taken on either side, as well by land as by sea, shall be re- 
 stored as soon as practicable after the ratifications of this treaty, as hereinafter men- 
 
2S 
 
 JïppendLv. tioned, on their paying the debts which they may have contracted duringtheir captiv- 
 No. 1. j tv _ ^phe two Contracting Parties, respectively, engage to discharge, in specie, (he ad- 
 ■ lr ,. «andcon- vances which may have been made by the other, for the sustenance and maintenance.. 
 
 \. m ions between r . 
 
 the United stmes ol such prisoners, 
 
 .inu Great Hi nain. TT ~ 
 
 Article IV. 
 
 Trent v i if Pface 
 
 and- Amity .Ghent, Whereas it was stipulated bv the second article in the treaty of peace of one thou- 
 
 J-ttli December, ' J . . . 
 
 »M san d seven hundred and eighty three, between His liritanmc Majesty and the United 
 
 States of America, that the boundary of the United States should comprehend " aH 
 << 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, respeclive- 
 ■• ly, touch the Bay of Fundy and the Atlantic Ocean, excepting such islands as now 
 " are or heretofore have been within the limits of Nova Scotia:" and whereas the se- 
 veral Islands in the Bay of Passamaquoddy, which is part of the Bay of Fundy, and 
 the Island of Grand Menan, in the said Bay of Fundy, are claimed by the United 
 States, as being comprehended within their aforesaid boundaries, which said islands 
 are claimed as belonging to His Britannic Majesty, as having been at the time of, and 
 previous to, the aforesaid treaty of one thousand seven hundred and eighty-three, with- 
 in the limits of the Province of Nova Scotia: In order, therefore, finally to decide 
 upon these claims, it is agreed, that they shall be referred to two Commissioners, to be 
 appointed in the following manner, viz: one Commissioner shall be appointed by His 
 Britannic Majesty, and one by the President of the United States, by and with the 
 advice and consent of the Senate thereof: and the said two Commissioners so appoint- 
 ed, shall be sworn impartially to examine and decide upon the said claims, according 
 to such evidence as shall be laid before them on the partof His Britannic Majesty and 
 of the United States, respectively. The said Commissioners shall meet at St. Andrews» 
 in the province of New Brunswick, and shall have power to adjourn to such other 
 place or places as they shall think fit. The said Commissioners shall, by a declaration 
 or report, under their hands and seals, decide to which of the two Contracting Parties 
 the several islands aforesaid do respectively belong, in conformity with the true intent 
 of the said treaty of peace of one thousand seven hundred and eighty-three. And if 
 the said Commissioneis shall agree in their decision, both parties shall consider such 
 decision as final and conclusive. It is further agreed, that, in the event of the two Com- 
 missioners differing upon all or any of the matters so referred to them, or in the event 
 of both or either of the said Commissioners refusing, or declining, or wilfully omit- 
 ting to act as such, they shall make, jointly or separately, a report or reports, as well 
 to the Government of His Britannic Majesty as to that of the United Slates, stating, 
 in detail, the points on which they differ, and the grounds upon which their respective 
 opinions have been formed, or the grounds upon which they, or either of them, have 
 so refused, declined, or omitted to act. And His Britannic Majesty and the Govern- 
 ment of the United States hereby agree to refer the report or reports of the said Com- 
 missioners to some friendly Sovereign or State, to be then named for that purpose, and 
 who shall be requested to decide on the differences which may be stated in the said re- 
 port or reports, or upon the report of one Commissioner, together with the grounds 
 upon which the other Commissioner shall have refused, declined, or omitted to act, 
 as the case may be. And if the Commissioner so refusing, declining, or omitting to 
 act, shall also wilfully omit to state the grounds upon which he has so done, in such 
 manner that the said statement may be referred to such friendly Sovereign or State, 
 together with the report of such other Commissioner, then such Sovereign or State 
 shall decide, ex parte, upon the said report alone. And His Britannic Majesty and 
 the Government of the United States engage to consider the decision of such friendly 
 Sovereign or State to be final and conclusive on all the matters so referred. 
 
( î9 
 
 Article V. Jppcndi.r. 
 
 Whereas, neither that point of the highlands lying duc north from the source of the N "' 1- 
 River St Croix, and designated in the former Treatyof Peace between the two Powers, Treaties «ml Con- 
 
 il ~ . ventions between 
 
 ns the north-west angle of Nova Scotia, nor the north-westernmost head ot Connecticut iin- united states 
 
 ~ una (ifi'iii Hi'ittiiiii 
 
 River, has yet been ascertained; and whereas that part of the boundary line between Trei — tma 
 the dominions of the two Powers, which extends from the source of the Hiver St. Croix andAroity.Ghern 
 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. 
 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 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 these 
 several purposes, two Commissioners shall he appointed, sworn, and authorized to act 
 exactly in the manner directed with respect to those mentioned in the next preceding 
 article, unless otherwise specified in the present article. The said Commissioners shall 
 meet at St. Andrews, in the province of New Brunswick, and shall have power to ad- 
 journ to such other place or places as they shall think fit. The said Commissioners 
 shall have power to ascertain and determine the points above-mentioned, in conformi- 
 ty with the provisions of the said Treaty of Peace of one thousand seven hundred and 
 eighty-thiee, 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 map 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 boundarv, 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. And in the event of the said two Commissioners differing, or both or either of 
 them refusing, declining, or wilfully omitting to act, such reports, declarations, or 
 statements shall be made by them, or either of them, and such reference to a friendly 
 Sovereign or State shall be made, in all respects, as in the latter part of the fourth ar- 
 ticle is contained, and in as full a manner as if the same was herein repeated. 
 
 Article VI. 
 Whereas, by the former Treaty of Peace, that portion of the boundary of the United 
 States, from the. point where the forty-fifth degree of north latitude strikes the River 
 Iroquois or Cataraquy to the lake Superior, was declared to be " along the middle of 
 " said river into lake Ontario, through the middle of said lake until it strikes the com- 
 •' munication 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-communication into lake Huron, thence through the middle of said lake to the 
 " water-communication between that lake and lake Superior;'' and whereas doubts have 
 arisen what was the middle of the said river, lakes, and water-communications, and 
 whether certain islands, lying in the same, were within the dominions of His Britannic 
 Majesty or of the United States: In order, therefore, finally to decide these doubts, 
 they shall be referred to two Commissioners, to be appointed, sworn, and authorized 
 to act exactly in the manner directed with respect to those mentioned in the next pre- 
 ceding article, unless otherwise specified in this present article. The said Commis- 
 sioners shall meet, in the first instance, at Albany, in the State of New York, and shall 
 have power to adjourn to such other place or places as they shall think fit. The said 
 Commissioners shall, by a report or declaration, under their hands and seals, designate 
 the boundary through the said river, lakes, and water-communications, and decide to 
 which of the two Contracting Parties the several islands, lying within the said rivers, 
 8* 
 
30 
 
 vlppendiv. lakes, and water-communications, do respectively belong, in conformity with the true 
 Na !■ intent of the said treaty of one thousand seven hundred and eighty-three; and both 
 Treaties and Con- Parties agree to consider such designation and decision as final and conclusive. And 
 ?hc United State" m " IC event of the said two Commissioners differing, or both or either of them refus- 
 ; "" IL,r ^ ! """"' ing, declining, or wilfully omitting to act, such reports, declarations, or statements 
 ™/\'hiiiy.<;b 'im', shall be made by them, or either of them, and such reference to a friendly Sovereign 
 or State shall be made, in all respects, as in the latter part of the fourth article is con- 
 tained, and in as full a manner as if the same was herein repeated. 
 
 Article VII. 
 Il is further agreed, that the said two last mentioned Commissioners, after they shall 
 have executed the duties assigned to them in the preceding article, shall be, and they 
 aie hereby authorized, upon their oaths, impartially to fix and determine, according to 
 the true intent of the said Treaty of Peace of one thousand seven hundred and eighty- 
 three, that part of the boundary between the dominions of the two Powers, which ex- 
 tends from the water-communication between lake Huron and lake Superior to the 
 most north-western point of the Lake of the Woods; to decide to which of the two 
 parties the several islands lying in the lakes, water-communications, and rivers, form- 
 ing the said boundary, do respectively belong, in conlormity with the true intent of 
 the said Treaty of Peace of one thousand seven hundred and eighty-three, and to cause 
 such parts of the said boundary as require it, to be surveyed and marked. The said 
 Commissioners shall, by a report or declaration, under their hands and seals, designate 
 the boundary aforesaid, state their decision on the points thus referred to them, and 
 particularize the latitude and longitude of the most north-western point of the Lake of 
 the Woods, and of such other parts of the said boundary as they may deem proper. 
 And both parties agree to consider such designation and decision as final and conclusive. 
 And, in the event of the said two Commissioners differing, or both or either of them 
 refusing, declining, or wilfully omitting to act, such reports, declarations, or state- 
 ments shall be made by them, or either of them, and such reference to a friendly Sove- 
 reign or State, shall be made, in all respects, as in the latter part of the fourth arti- 
 cle is contained, and in as full a manner as if the same was herein repeated. 
 
 Article VIII. 
 The several Boards of two Commissioners, mentioned in the four preceding articles, 
 shall, respectively, have power to appoint a Secretary, and to employ such Surveyors, 
 or other persons, as they shall judge necessary. Duplicates of all their respective re- 
 ports, declarations, statements, and decisions, and of their accounts, and of the Journal 
 of their proceedings, shall be delivered, by them, to the agents of His Britannic Ma- 
 jesty and to the agents of the United States, who may be respectively appointed and 
 authorized to manage the business on behalf of their respective Governments. The 
 said Commissioners shall be respectively paid in such manner as shall be agreed be- 
 tween the two Contracting Parties, such agreement being to be settled at the time of the 
 exchange of the ratifications of this treaty; and all other expenses attending the said 
 commissions shall be defrayed equally by the two parties. Anil in the case of death, 
 sickness, resignation, or necessary absence, the place of every such Commissioner, re- 
 spectively, shall be supplied in the same manner as such Commissioner was first ap- 
 pointed; and the new Commissioner shall take the same oath or affirmation, and do the 
 same duties. It is further agreed between the two Contracting Parties, that in case 
 any ot the islands mentioned in any of the preceding articles, which were in the posses- 
 sion of one of the parties, prior to the commencement of the present war between the 
 two countries, should, by the decision of any of the Boards of Commissioners afore- 
 said, or of the Sovereign or State so referred to, as in the four next preceding articles 
 contained, fall within the dominions of the other party, all grants of land made previa 
 
31 
 
 ous to the commencement of the war, by the parly having had such possession, shall dppeudLi: 
 be as valid as if such island or islands had, by such decision or decisions, been adjudg- N " '' 
 ed to he within the dominions of the party having had such possession. Treaties* i m 
 
 v cilliotiM belwi - 1 
 
 the Uniti il Smlc: 
 
 4 -, ,- and Grcal Hi ituin 
 
 Article IX. 
 The United Stales of America engage to put an end, immediately after the ratifica- : "" 1 Amity,ohnin 
 
 .... • , ,, , ., - 1 " 1 0«., 1814. 
 
 tion of the present treaty, to hostilities with all the tribes or nations of Indians with 
 whom they may be at vvar at the time of such ratification, and forthwith to restore to 
 such tribes or nations, respectively, all the possessions, rights, and privileges, which 
 they may have enjoyed, or been entitled to, in one thousand eight hundred and eleven, 
 previous to such hostilities. Provided, always, That such tribes or nations shall 
 agree to desist from all hostilities against the United States of America, their citizens, 
 and subjects-, upon the ratification of the present treaty being notified to such tribes or 
 nations, and shall so desist accordingly. And His Britannic Majesty engages, on his 
 part, to put an end, immediately after the ratification of the present treaty, to hostili- 
 ties with all the tribes or nations of Indians with whom he may be at war at the time 
 of such ratification, and forthwith to restore to such tribes or nations, respectively, 
 all the possessions, rights and privileges, which they may have enjoyed, or been enti- 
 tled to, in one thousand eight hundred and eleven, previous to such hostilities: Pro- 
 vided, always, That such tribes or nations shall agree to desist from all hostilities 
 against His Britannic Majesty, and his subjects, upon the ratification of the present 
 treaty being notified to such tribes or nations, and shall so desist accordingly. 
 
 Article X. 
 Whereas the traffic in slaves is irreconcilable with the principles of humanity and 
 justice, and whereas both His Majesty and the United States |are desirous of continu- 
 ing their efforts to promote its entire abolition, it is hereby agreed, that both the Con- 
 tracting Parties shall use their best endeavors to accomplish so desirable an object. 
 
 Article XI. 
 This treaty, when the same shall have been ratified on both sides, without altera- 
 tion by either of the Contracting Parties, and the ratifications mutually exchanged, 
 shall be binding on both parties; and the ratifications shall be exchanged at Washing: 
 ington, in the space of four months from this day, or sooner, if practicable. 
 
 In faith whereof, we, the respective Plenipotentiaries, have signed this treaty, and 
 have thereunto affixed our seals. 
 
 Done in triplicate, at Ghent, the twenty-fourth day of December, one thousand 
 eight hundred and fourteen. 
 
 [l.s.] GAMBIER, 
 
 [l.s.] HENRY GOULBURN, 
 
 [l.s.] WILLIAM ADAMS, 
 
 [l.s.] JOHN QUINCY ADAMS, 
 
 [l.s.] J. A. BAYARD, 
 
 [l.s.] U. CLAY, 
 
 [l.s.] JONATHAN RUSSELL, 
 
 [l.s.] ALBERT GALLATIN, 
 
32 
 
 No. 1. CONVENTION 
 
 Treaties «iid Con- RpTWFEN T[ ,,. UN1TED STATES OF AMERICA AND HIS MAJESTY THE KING OF THE 
 vent ions between *-'*■* *■ T i * u " •*.*- ^ 
 
 the United States tJNITFU KINGDOM OF GREAT BRITAIN AND IRELAND, CONCLUDED AT LONDON 
 ^ GreatBrital,, on the TWKNTY . NINTH 0F September, 1827. 
 
 Arbitration Con- 
 vention, 29th Sep- 
 
 tember, 1827. Whereas it is provided by the fifth article of the Treaty of Ghent, that in case the 
 
 Commissioners appointed under that article for the settlement of the boundary line 
 therein described, should not be able to agree upon such boundary line, the report or 
 reports of those Commissioners, stating the points on which they had differed, should 
 be submitted to some friendly Sovereign or State, and that the decision given by such 
 Sovereign or State, on such points of difference, should be considered by the Contract- 
 ing Parties as final and conclusive: That case having now arisen, and it having there- 
 fore become expedient to proceed to, and regulate the reference, as above described, 
 the United States of America and His Majesty the King of the United Kingdom of 
 Great Britain and Ireland, have, for that purpose, named their Plenipotentiaries; that 
 is to say, the President of the United States has appointed Albert Gallatin, their En- 
 voy Extraordinary and Minister Plenipotentiary at the Court of His Britannia Ma- 
 jesty, and his said Majesty, on his part, has appointed the Right Honorable Charles 
 Grant, a Member of Parliament, a Member of his said Majesty's Most Honorable 
 Privy Council, and President of the Committee of the Privy Council for Affairs of 
 Trade and Foreign Plantations, and Henry Unwin Addington, Esquire, who, after 
 having exchanged their respective full powers, found to be in due and proper form, 
 have agreed to and concluded the following articles: — 
 
 Article I. 
 
 It is agreed that the points of difference which have arisen in the settlement of the 
 boundary between the American and British dominions, as described in the fifth 
 article of the Treaty of Ghent, shall be referred, as therein provided, to some friendly 
 Sovereign or State, who shall be invited to investigate, and make a decision upon, 
 such points of difference. 
 
 The two Contracting Powers engage to proceed in concert, to the choice of such 
 friendly Sovereign or State, as soen as the ratifications of this Convention shall have 
 been exchanged, and to use their best endeavors to obtain a decision, if practicable, 
 within two years after the arbiter shall have signified his consent to act as such. 
 
 Article II. 
 
 The reports and documents thereunto annexed, of the Commissioners appointed to 
 carry into execution the fifth article of the Treaty of Ghent, being so voluminous and 
 complicated as to render it improbable that any Sovereign or State should be willing 
 or able to undertake the office of investigating and arbitrating upon them, it is hereby 
 agreed to substitute for those reports, new and separate statements of the respective 
 cases, severally drawn up by each of the Contracting Parties, in such form and terms as 
 each may think fit. 
 
 The said statements, when prepared, shall be mutually communicated to each other 
 by the Contracting Parties; that is to say, by the United States to His Britannic Ma- 
 jesty's Minister or Chargé d'Affaires at Washington, and by Great Britain to the 
 Minister or Charge d'Aflaires of the United States at London, within fifteen months 
 after the exchange of the ratifications of the present Convention. 
 
 After such communication shall, have taken place, each party shall have the power 
 of drawing up a second and definitive statement, if it thinks fit so to do, in reply to 
 the statement of the other party so communicated, which definitive statements shall 
 also be mutually communicated in the same manner as aforesaid to each other, by the 
 
33 
 
 Contracting Parties, within twenty-one months after the exi hange of ratifications ol appendix. 
 the present Convention. No- !■■ 
 
 Article III. t,,",-,» 
 
 Each of I lie Contracting Parties shall, within nine months after the exchange of rati- n'.'ïhVi.ii S 
 fications of this Convention, communicate to the other, in the same manner as afore-""" '- 
 .said, all the evidence intended to be broughl in support of its claim, beyond 1 1 1 ;• 1 -■ ■ ■ ■ ■ > ■■ ; ■■ ;'• -■ ' 
 which is contained in the reports of the Commissioners or papers thereunto aim< xed, 
 and other written documents laid before the commission under the fifth article of the 
 Treaty of Ghent. 
 
 Each of i lie Contracting Parties shall be hound, on the application of the other parly, 
 made within six months alter the exchange of the ratifications of this Convention, to 
 give authentic copies of such individually specified ;:cts of a public nature, iclatingto 
 the territory in question, intended to be laid ns evidence before the arbiter, as have 
 been issued under the authority, or are in the exclusive possession, of each party. 
 
 No maps, surveys, or topographical evidence, of any description, shall be adduced 
 by either parly beyond that which is hereinafter stipulated, nor shall any fresh evi- 
 dence of any description be adduced or adverted to by either party, other than that 
 mutually communicated or applied for as aforesaid. 
 
 Each parly shall have full power to incorporate in, or annex to, either its first or 
 second statement, any portion of the reports of the Commissioners or papers thereun- 
 to annexed, and other written documents laid Inf. re Ihe commission under the fifth 
 article of the Treaty of Ghent, or of the other evidence mutually communicated or 
 applied for, as above provided, which it may think lit. 
 
 Article IV. 
 
 The map called Mitchell's Map, by which the framers of the treaty of 17S3 are ac- 
 knowledged to have regulated their joint and official proceedings, and the Map A,, 
 which has been agreed on by the Contracting Parties, as a delineation of the water- 
 courses, and of the boundary lines in reference to the said water-courses, as contended 
 for by each party respectively, anil which has accordingly been signed by the above 
 named Plenipotentiaries at the same time with this Convention, shall be annexed to 
 the statements of the Contracting Parlies, and be the only maps that shall be consider- 
 ed as evidence, mutually acknowledged by the Contracting Parlies, of the topography 
 of the country. 
 
 It shall, however, be lawful for either party to annex to its respective first state- 
 ment, for the purposes of general illustration, any of the maps, surveys, or topogra- 
 phical delineations which were filed with the Commissioners under the fifth article oi 
 the Treaty of Ghent, any engraved ma]) heretofore published, and also a transcript ol 
 the above mentioned Map A, or of a section thereof, m which transcript each party- 
 may lay down the highlands or other features of the country as it shall think fit; the 
 water-courses, and the boundary lines, as claimed by each party, remaining as laid 
 down in the said Map A. 
 
 But this transcript, as well as all the other maps, surveys, or topographical delinea- 
 tions, other than the Map A, and Mitchell's Map, intended to be thus annexed, by 
 either party, to the respective statements, shall be communicated to the other parly, m 
 the same manner as aforesaid, within nine months after the exchange of the ratifica- 
 tions of this Convention, and shall he subject to such objections and observations as the 
 other Contracting Party may deem it expedient to make thereto, and shall annex to bis 
 first statement, either in the margin of such transcript, map or maps, or othciwise. 
 
 Article V. 
 All the statements, papers, maps and documents above-mentioned, and which shall 
 have been mutually communicated as aforesaid, shall, without any addition, subtrae- 
 9* 
 
34 
 
 rlppendix. tion or alteration whatsoever, be jointly and simultaneously delivered in to the arbr- 
 
 No. 1. trating Sovereign or Stale, within two years after the exchange of ratifications of this 
 
 Trémies and Con Convention, unless the arbiter should not, within that time, have consented to act as 
 
 the ii'i'ih.i' staiea such; in which case, all the said statements, papers, maps and documents, shall be laid 
 
 before him within six months after the time when he shall have consented so to act. 
 
 vention, ami Sep- No other statements, papers, maps, 01 documents, shall ever be laid before the arbiter, 
 
 IKlnhcr, 1837. . 
 
 except as hereinafter provided. 
 
 Article VI. 
 
 In order to facilitate the attainment of a just and sound decision on the part of the 
 arbiter, it is agreed that in case the said arbiter should desire further elucidation or 
 evidence in regard to any specific point contained in any of the said statements sub- 
 mitted to him, the requisition for such elucidation or evidence shall be simultaneously 
 made to both parties, who shall thereupon be permitted to bring further evidence, if 
 required, and to make, each, a written reply to the specific questions submitted by 
 the said arbiter, but no further; and such evidence and replies shall be immediately 
 communicated by each party to the other. 
 
 And in case the arbiter should find the topographical evidence, laid as aforesaid be- 
 fore him, insufficient for the purposes of a sound and just decision, he shall have the- 
 power of ordering additional surveys to be made of any portions of trie disputed 
 boundary line or territory, as he may think fit, which surveys shall be made at the 
 joint expense of the Contracting Parties, and be considered as conclusive by them. 
 
 AltTICLE VII. 
 
 The decision of the arbiter, when given, shall be taken as final and conclusive; and 
 it shall be carried without reserve into immediate effect, by Commissioners appointed 
 for that purpose by the Contracting Parties. 
 
 Article VIII. 
 This Convention shall be ratified, and the ratifications shall be exchanged, in nine 
 months from the date hereof, or sooner, if possible. 
 
 In witness whereof, we, the respective Plenipotentiaries, have signed the same 
 
 and have affixed thereto the seals of our arms. 
 Done at London the twenty-ninth day of September, in the year of our Lord 
 one thousand eight hundred and twenty-seven. 
 
 [l. s.] ALBERT GALLATIN, 
 
 [l. s.] CHARLES GRANT, 
 
 [l. s.] HENRY UN WIN ADDINGTON 
 
APPENDIX No. IL 
 
 DECLARATION OF THE COMMISSIONERS 
 
 THE FIFTH ARTICLE OF THE TREATY OF 1794. 
 
 INSPECTING TUB 
 
 TRUE RIVER SAINT CROIX, 
 
 25TH OCTOBER, 1798;— AND 
 
 Decision of the Commissioners under the Fourth .lrtiele of the Trent y of Ghent 
 respecting the Islands in the Buy of Passamuquoddy, 24th November, 1M 7. 
 
 Declaration of the Commissioners under the Fifth Article of the Treaty of 1791 appendix. 
 between the United States and Great Britain, respecting the true River St. Croix, Nu ' 
 by Thomas Barclay, David Howell, and Egbert Benson, Commissioners appointed Declaration unit 
 in pursuance of the 5th Article of the Treaty of Amity, Commerce and' Navigation, coiumiMinnen " 
 between His Britannic Majesty and the United States of America, finally to decide ornMami'isu. 
 the question, " What River was truly intended under the name of the River Saint Declaration un- 
 
 . . «1er Hie Treat) oi 
 
 •'Croix, mentioned in the Treaty of fe.ice between His Majesty and the United I7U4 - 
 ••Slates, and forming a part of the boundary therein described." 
 
 DECLARATION. 
 
 We, the said Commissioners, having been s\< orn "impartially to examine and de- 
 •'cidethe said question, according to such evidence as should respectively be laid be- 
 " fore us, on the part of the British Government, and of the United States,"' and having 
 heard the evidence which has been laid before us, by the agent of His Majesty and the 
 agent of the United States, respectively, appointed and authorized to manage the 
 business on behalf of the respective Governments, have decided, and hereby do decide, 
 the River, hereinafter particularly described and mentioned, to be the River truly in- 
 tended under the name of the River Saint Croix, in the said Treaty of Poacc, and 
 forming a part of the boundary therein described; that is to say, the mouth of the said 
 River is in Passamaquoddy Bay, at a point of land called Joe's Point, about one milo 
 northward from the northern part of Saint Andrew's Island, and in the latitude of 
 forty-five degrees five minutes and five seconds north, and in the longitude of sixty- 
 seven degrees twelve minutes and thirty seconds west, from the Royal Observatory at 
 Greenwich, in Great Britain, and three degrees fifty-four minutes and fifteen seconds 
 east from Harvard College, in the University of Cambridge, in the State of Massachu- 
 setts, and the course of the said river up from its said mouth, is northerly to a point of 
 land called the Devil's Head, then turning the said point, is westerly to where it di- 
 vides into two streams, the one coming from the westward, and the other coming from 
 the northward, having the Indian na.rnc of Choputnatecook or Chihuitcook, as the 
 
36 
 
 Appendix, same may be variously spelt, then up the said stream, so coming from the northward 
 
 rv "' ' to its source, which is at a stake near a Yellow Birch Tree, hooped with iron, and 
 
 Declaration and marked S. T. and I. II. 1797, by Samuel Titcomb and John Harris, the Surveyors 
 
 , .'.' i '.'il'.i .!,'„ ... "' employed to survey the above-mentioned stream, com ing from the northward. And 
 
 under theTreaiics , ,... . . . , _ T . . , r 
 
 of 179! and 1814. the said Kiver is designated on the i\Jap hereunto annexed, and hereby reierred to as 
 Diriaia i un- farther descriptive of it, by the letters A 13 C D E F G II I K and L, the letter 
 
 dei the Treaty of ' J 
 
 !"'•'> A being at its said mouth, and the letter L being at its said source; and the course 
 
 and distance of the said source from the Island, at the confluence of the above-mention- 
 ed two streams, is, as laid down on the same Map, north five degrees and about fifteen 
 minutes west, by the magnet, and about forty-eight miles and one quarter. 
 
 In testimony wheieof, we have hereunto set our hands anil seals, at Providence, in 
 the Stale of Rhode Island, the twenty-fifth day of October, in the year one thousand 
 seven hundred and ninety-eight, 
 
 [l. s.] THOMAS BARCLAY, 
 
 [l. s.] DAVID HOWELL, 
 
 [l. s.] EGBERT BENSON. 
 
 Witness, En. Wikslow, Secretary to llic Commissioners. 
 
 DECISION OF THE COMMISSIONERS 
 
 I'XDEIl THE 
 
 FOURTH ARTICLE OF THE TREATY OF GHENT, 
 
 RESPECTING THE 
 
 ISLANDS IN THE BAY OF PASSAIVIAQUCDDY, 
 24TH NOVEMBER, 1817. 
 
 Extract from the Journal of the Commissioners,, under the Fourth Article of 
 
 the Treaty of Ghent. 
 
 City op Nbw-York, Monda v, 24th November, 1S17. 
 
 Co"?mte£onërs llie The Board met this day, pursuant to adjournment. 
 
 ur ill i.' T' ie Commissioners having agreed upon the matters referred to them, executed 
 
 their Decision thereupon in quadruplicate, in the words and manner following, viz: 
 
 By Thomas Barclay and John Holmes, Esquires, Commissioners appointed by 
 virtue of the fourth article of the Treaty of Peace and Amity, between His Britannic 
 Majesty and the United States of America, concluded at Ghent, on the twenty-fourth 
 day of December, one thousand eight hundred and fourteen, to decide to which of the 
 two Contracting Parties to the said Treaty, the several Islands in the Bay of Passama- 
 quoddy, which is part of the Bay of Fundy, and the Island of Grand Menan, in the 
 said Bay of Fundy, do respectively belong, in conformity with the true intent of the 
 second article of the Treaty of Peace of one thousand seven hundred and eighty-three, 
 between his said Britannic Majesty and the aforesaid United States of America: 
 
 We, the said Thomas Barclay and John Holmes, Commissioners as aforesaid, having 
 been duly sworn impartially to examine and decide upon the said claims, according to. 
 such evidence as should be laid before us on the part of His Britannic Majesty and the 
 United States, respectively, have decided, and do decide, that Moose Island, Dudley 
 Island, and Frederick Island, in the Bay of Passamaquoddy, which is part of the Bay 
 
37 
 
 of Fundy, do, and each of them docs, belong to the United Slates of America, and Ji'ppendio, 
 
 have also decided, and do decide, that all the other Islands, and each and every 
 
 Mo. 
 
 we 
 
 of them, in the said Bay of Passamaquoddy, which is part of the Bay of Fundy, and n. ■ :..i m n > 
 
 (lie Island of Grand Menan, in the said Bay of Fundy, do bêlons to his said Bri- ' "»» • - ■■■»•■<■■ 
 
 c mult r lin; 
 
 tannic Majesty, in conformity with the true intent of the said second article of said" 1 '•'■" •"" l ''•" 
 treaty of one thousand seven hundred and eighty -three. < ,''',7'""','," ' "' 
 
 In faith and testimony whereof, we have set our bands and affixed our seals, at 'he "J. 1 *!!,"" ' 
 City of New York, in the State of New York, in the United Stat: s of America, 
 this twenty fourth day of November, in the year of our Lord one thousand cisjht 
 hundred and seventeen. 
 
 [l. s.] THOMAS BARCLAY, 
 
 [l. s.] JOHN HOLMES. 
 
 Witness, 
 
 James T. Austin, 
 
 ,'igent of the United States: 
 ^nth: Barclay. 
 Secretary. 
 
 10* 
 
APPENDIX, No. III. 
 
 COMMISSION TO THOMAS CARLETOîf, 
 
 A3 
 
 CAPTAIN GENERAL AND GOVERNOR IN CHIEF OF NEW-BRUNSWICK. 
 
 16TH AUGUST, 4. GEO: I». 1784. 
 
 Eighth pari of Patents in the twenty-fourth year of Kins; George the Third 
 
 „ ,. Thomas Carleton Esq 
 
 appendix. _, /■ a- n 
 
 Jf 0i 3 Governor oj Aew Brunswick 
 
 George the Third by the grace of God of Great Britain France and Ireland King De- 
 
 rhomns Cork-ton, fender of the Faith and so forth to our trusty and well beloved Thomas Carleton Esq. 
 
 :ia Governor of . 
 
 New Brunswick, Greetinc 
 
 »«h August, 1784. ,,t . 
 
 Wee reposing especial trust and confidence in the prudence courage and loyalty 
 of you the said Thomas Carleton of our especial grace certain knowledge and mere 
 motion have thought fit to constitute and appoint you the said Thomas Carleton to 
 be our Captain General and Governor in Chief of our provir.ee of New Brunswick 
 hounded on the westward by the mouth of the River Saint Croix by the said 
 River to its source and by a line drawn due north from thence to the 
 
 SOUTHERN BOUNDARY OF OUR PROVINCE OF QUEBEC TO THE NORTHWARD BV THE 
 SAID BOUNDARY AS FAR AS THE WESTERN EXTREMITY OF THE BAY DES CHA- 
 LEURS to the eastward by the said Bay and the Gulf of St. Lawrence, to the 
 bay called Bay Verte to the south by a line in the center of the Bay of Fundy 
 from the river Saint Croix aforesaid to the mouth of the Musquat River 
 by the said River to its source and from thence by a due east line across the 
 Isthmus into the Bay Verte to join the eastern line above described including 
 all islands within six leagues of the coast with all the rights members and 
 appurtenances whatsoever thereunto belonging and wee do hereby require and 
 command you to do and execute all things in due manner that shall belong unto 
 your said command and the trust wee have reposed in you according to the several 
 powers and authorities granted or appointed you by the present commission and 
 instructions herewith given you or by such further powers instructions and 
 authorities as shaH at any time hereafter be granted or appointed you under our 
 signet and sign manual or by our order in our privy council and according to such 
 reasonable laws and statutes as shall hereafter be made or agreed upon by you with 
 the advice and consent of our council and the assembly of our said province under 
 your government when such assembly shall be called in such manner and form as 
 is hereafter expressed and our will and pleasure is that you the said Thomas Carle- 
 ton after the publication of these our letters patent do take the oaths appointed to be 
 taken by an act passed in the first year of the reign of King George the First inti- 
 tuled "An act for the better security of His Majesty's person and government and 
 the succession of the crown in the heirs of the late Princess Sophia being protestant» 
 and for extinguishing the hopes of the pretended Prince of Wales, and his open and 
 secret abettors" as altered and explained by an act passed in the sixth year of our 
 reign intituled " An act for altering the oath of abjuration and the assurance and for 
 
39 
 
 amending so much of an act of the seventh year, oi" her iate Majesty Queen Anne *4jjpeiulù\ 
 intituled 'An act for the improvement of the union of the two kingdoms as after the ,No ' : '' 
 time therein limited requires the delivery of certain lists and copies therein mentioned <■„,„„„..„,„ ,„ 
 to persons indicted of high treason or misprison of treason" as also that you make I' B 5m*'™ 
 and suhscrihe the declaration mentioned in an act of Parliament made in the twenty- usXaIi'jIJAj^' 
 fifth year of the reign of King Charles the Second intituled " An act for preventing 
 dangers which may happen from popish recusants" and likewise that you take the 
 usual oath for the due execution of the ollice and trust of our Captain General and 
 Governor in Chief of our said province for the due and impartial administration of 
 justice and further that you take the oath required to be taken by Governors of 
 Plantations to do their utmost that the several laws relating to trade and the planta- 
 tions be observed all which said oaths and declaration our council in our said pro- 
 vince or any five of the members thereof have hereby full power and authority and 
 are required to tender and administer unto you and in your absence to our Lieutenant 
 Governor if there be any upon the place all which being duly performed you shall 
 administer unto each of the members of our said council as also to our Lieutenant 
 Governor if there l>c any upon the place the said oaths mentioned in the said first re- 
 cited act of Parliament altered as above as also cause them to make and subscribe the 
 aforementioned declaration and administer (o them the oath for the due execution of 
 their places and trusts And wee do hereby give and grant unto you full power and 
 authority to suspend any of the members of our said council from sitting voting ami 
 assisting therein if you shall find just cause for so doing And if it shall at anv time 
 happen that by the death departure out of our said province suspension of any of 
 our said councillors or otherwise there shall be a vacancy in our said council (anv 
 five whereof wee do hereby appoint to be a quorum) our will and pleasure is that 
 you signify the same unto us by the first opportunity that we may under our signet 
 and sign manual constitute and appoint others in their stead But that our affairs at 
 that distance may not sutler for want of a due number of councillors if ever it shall 
 happen that there be less than nine of them residing in our said province wee do 
 hereby give and grant unto you the said Thomas Carleton full power and authority 
 to choose as many persons out of the principal freeholders inhabitants thereof as shall 
 make up the full number of our said council to lie nine and no more which persons 
 so chosen and appointed by you shall be to all intents and purposes councillors in 
 our said province until either they shall be confirmed by us or that by the nomination 
 of others by us under our sign manual and signet our said council shall have nine or 
 more persons in it And wee do hereby give, and grant unto you the said Thomas 
 Carleton full power and authority with the advice and consent of our said council 
 to be appointed as aforesaid so soon as the situation and circumstances of our province 
 under your government will admit thereof and when and so often as need shall re- 
 quire to summon and call general assemblies of the freeholders ami settlers in the 
 province under your government in such manner and according to such further pow- 
 ers instructions and authorities as shall at any time hereafter be granted or appointed 
 you under our signet and sign manual or by our order in our privy council And 
 our will and pleasure is that the persons thereupon duly elected by the major part of 
 the freeholders of the respective counties and places and so returned shall before 
 their sitting take the oaths mentioned in the first recited act of Parliament altered as 
 above as also make and subscribe the aforementioned declaration which oaths and 
 declarations you shall commissiocatc fit persons under our seal of New Brunswick to 
 tender and administer unto them and until the same shall be so taken and subscribed 
 no person shall be capable of sitting though elected And wee do hereby declare 
 that the persons so elected and qualified shall he called and deemed the General 
 Assembly of that our province of New Brunswick And that you the said Thomas 
 Carleton with the advice and consent of our said Council and Assembly or the major 
 
iO 
 
 .tjipendL: part of them respectively shall have full power and authority to make constitute 
 No. 3. an( | or( j a j n ] a \ VS statutes and ordinances for the public peace welfare and good 
 
 Com mission m government of our said province and of the people and inhabitants thereof and such 
 '-''"'nirrlll.'r'.'.'i others as shall resort thereto and for the benefit of us our heirs and successors which 
 '«h Aiis'iilt", nw.' said laws statutes and ordinances are not to be repugnant but as near as may be to 
 the laws and statutes of this our kingdom of Great Britain Provided that all such 
 laws statutes and ordinances of what nature or duration soever be within three 
 months or sooner after the making thereof transmitted to us under our seal of New 
 Brunswick for our approbation or disallowance of the same as also duplicates thereof 
 by the next conveyance And in case any or all of the said laws statutes and ordi- 
 nances not before confirmed by us shall at any time be disallowed and not approved 
 and so signified by us our heirs or successors under [our] or their sign manual and 
 signet or by order of our or their Privy Council unto you the said Thomas Carleton 
 or to the Commander in Chief of the sud province for the time being then such and 
 so many of the said laws slatutes and ordinances as shall be so disallowed and not 
 approved shall from thenceforth cease determine and become utterly void and of 
 none effect any thing to (he contrary thereof notwithstanding And to the end that 
 nothing may be passed or done by our said Council or Assembly to the prejudice 
 of us our heirs and successors wee will and ordain that you the said Thomas Carleton 
 shall have and enjoy a negative voice in making and passing all laws statutes and ordi- 
 nances as aforesaid and you shall and may likewise from time to time as you shall 
 judge it necessary adjourn prorogue and dissolve all general Assemblies as aforesaid 
 aod wee do hereby authorize and empower you to keep and use the Public Seal which 
 will be herewith delivered to you or shall hereafter be sent to you for sealing all things 
 whatsoever which shall pass the Great Seal of our said Province And wee do by these 
 presents give and grant unto you the said Thomas Carleton full power and authority 
 with the advice and consent of our said Council to erect constitute and establish 
 such and so many courts of judicature and public justice within our said Province 
 as you and they shall think fit and necessary far the hearing and determining of all 
 causes as well criminal as civil according to law and equity and for awarding execution 
 thereupon with all reasonable and necessary powers authorities fees and privileges 
 belonging thereunto as also to appoint and commissionate fit persons in the several parts 
 of your Government to administer the oaths mentioned in the first recited act of Par- 
 liament altered as above as also to tender and administer the aforesaid declaration 
 unto such persons belonging to the said Courts as shall be obliged to take the same And 
 wee do hereby authorize and empower you to constitute and appoint Judges and in 
 cases requisite Commissioners of Oyer and Terminer Justices of the Peace and other 
 necessary Officers and Ministers in our said Province for the better administration 
 of justice and putting the laws in execution and to administer or cause to be adminis- 
 tered unto them such oath or oaths as arc usually given for the due execution and 
 performance of offices and places and for the clearing of truth injudicial causes And 
 wee do hereby give and grant unto you full power and authority where you shall see 
 cause or shall judge any offender or offenders in criminal matters or for any fines or 
 forfeitures due unto us fit objects of our mercy to pardon all such offenders and to re- 
 mit all such ofTences fines and forfeitures treasons and wilful murder only excepted 
 in which uses [cases] you shall likewise have power upon extraordinary occasions to 
 grant reprieves to the offenders until and to the intent our royal pleasure may be known 
 therein And whereas it bclongeth to us in right of our royal prerogative to have 
 the custody of Idiots and their estates and to take the profits thereof to our own use 
 finding them necessaries and also to provide for the custody of Lunaticks and their 
 estates without taking the profits thereof to our own use And whereas, while such 
 Idiots and Lunaticks and their estates remain under our immediate care great trouble 
 and charges may arise to such as shall have occasion to resort unto us for directions re- 
 
41 
 
 specting such Idiots and Lunaticks and their estates and considering that writs of in- Appendix. 
 
 quiry of Idiots and Lunaticks are to issue out of our several Courts of Chancery as well 
 
 in our Provinces in America as within this our Kingdom respectively and the inqui- ÇommUsldn oi 
 
 , . . . n , .. . . _ Tliom&s Oarleton, 
 
 sitions thereuDon taken are returnable in those Courts we have though! (it to en- is Govern i 
 
 ' i • c f New Brunswick, 
 
 trust you with the care and commitment oi the custody ot the said Idiots and Lunaticks 16th August, 1784. 
 
 and their estates And wee do by these presents give and grant unto you full power 
 and authority without expecting any further special warrant from us from time to 
 time to give order and warrant for the preparing of grants of the custodies of such 
 Idiots and Lunaticks and their estates as are or shall be found by inquisition thereof 
 taken or to be taken and returnable into our Court of Chancery and thereupon to 
 make and pass grants and commitments under our Great Seal of our Province of New 
 Brunswick of the custodies of all and every such Idiots and Lunaticks and their es- 
 tates to such person or persons suitors in that behalf as according to the rules of law 
 and the use and practice in those and the like cases you shall judge meet for that trust the 
 said grants and commitments to be made in as manner and form or as nearly as may 
 be as hath been heretofore used and accustomed in making the same under the Great 
 Seal of Great Britain and lo contain such apt and convenient covenants provisions 
 and agreements on the part of the committees and grantees to be performed and such 
 security to be by them given as shall be requisite and needful Wee do by these pre- 
 sents authorize and empower you to collate any person or persons to any churches 
 chapels or other ecclesiastical benefices within our said Province as often as any of 
 them shall happen to be void And we do hereby give and grant unto you the said 
 Thomas Carleton by yourself or by your captains and commanders by you to be au- 
 thorized full power and authority to levy arm muster command and employ all 
 persons whatsoever residing within our said province and as occasion shall serve to 
 march from one place to another or to embark them for the resisting and withstand- 
 ing of all enemies pirates and rebels both at land and sea and to transport such forces 
 to any of our plantations in America if necessity shall require for the defence of the 
 same against the invasion or attempts of any of our enemies and such enemies 
 pirates and rebels (if there shall be occasion) to pursue and prosecute in or out of 
 the limits of our said Province and Plantations or any of them and (if it shall so 
 please God) to vanquish apprehend and take them and being taken according to law 
 put to death or keep and preserve them alive at your discretion and to execute mar- 
 tial law in time of invasion or at other times when by law it may be executed and to 
 do and execute all and every other thing or things which to our Captain General and 
 Governor in Chief doth or ought of right to belong And wee do hereby give and grant 
 unto you full power and authority by and with the advice and consent of our said Coun- 
 cil of New Brunswick to erect raise and build in our said Province such and so many 
 forts and platforms castles cities boroughs towns and fortifications as you by the 
 advice aforesaid shall judge necessary and the same or any of them to fortify and 
 furnish with ordnance, ammunition and all sorts of arms fit and necessary for the se- 
 curing and defence of our said Province and by the advice aforesaid the same again 
 or any of them to demolish or dismantle as may be most convenient And foras- 
 much as divers mutinies and disorders may happen by persons shipped and employed 
 at sea during the time of war and to the end that such as shall be shipped and employ- 
 ed at sea during the time of war may be better governed and ordered we do hereby 
 give and grant unto you the said Thomas Charleton full power and authority to con- 
 stitute and appoint captains lieutenants masters of ships and other commanders and 
 officers and to grant unto such captains lieutenants masters of ships and other com- 
 manders and officers commissions to execute the law martial during the time of war 
 according to the directions of an act passed in the twenty-second year of the reign of our 
 late royal Grandfather intituled "An act for amending explaining and reducing 
 into one act of Parliament the laws relating to the government of his Majesty's ships 
 
 11* 
 
42 
 
 Appendix, vessels and forces by sea as the same is altered by an act passed in the nineteenth 
 
 ' year of our reign intituled " An act to explain and amend an act made in the 
 
 commission of twenty-second year of the reign of his late Majesty King George the Second inti- 
 
 Thomas Carleton, u ° ° 
 
 as Governor or tu led "An act for amending explaining and reducing into one act of Parliament 
 
 New Brunswick, o i o o w.»» 
 
 is* August, 1784. the laws relating to the government of his Majesty's ships, vessels and forces by sea" 
 and to use such proceedings authorities punishments and executions upon any offen- 
 der or offenders who shall be mutinous seditious disorderly or any way unruly either 
 at sea or during the time of their abode or residence in any of the ports harbours or 
 bays of our said Province as the case shall be found to require according to the martial 
 law and the said directions during the time of war as aforesaid Provided that nothino- 
 herein contained shall be construed to the enabling you or any by your authority to 
 hold plea or have and jurisdiction of any offence cause matter or thing commit- 
 ted or done upon the high sea or within any of the havens rivers or creeks of 
 our said Province under your government by any Captain Commander Lieutenant. 
 Master Officer Seaman Soldier or person whatsoever who shall be in our actual 
 service and pay in or on board any of our ships of war or other vessels acting by im- 
 mediate commission or warrant by our Commissioners for executing the office of our 
 High Admiral or from our High Admiral of Great Britain for the time being under 
 the seal of our Admiralty but that such Captain Commander Lieutenant Master 
 Officer Seamen Soldier or other person so offending shall be left to be proceeded 
 against and tried as their offences shall require either by commission under our o- re at 
 seal of Great Britain as the statute of the twenty-eighth of Henry the Eighth directs 
 or by commission from our said Commissioners for executing the office of our High Ad- 
 miral or from our High Admiral of Great Britain for the time being according to the 
 aforementioned act intituled " An act for amending explaining and reducing into one 
 act of Parliament the laws relating to the government of His Majesty's ships 
 vessels and forces at sea" as the same is altered by an act passed in the nineteenth 
 year of our reign intituled " An act to explain and amend an act made in the twenty 
 second year of the reign of his late Majesty King George the Second intituled "An 
 act for amending explaining and reducing into one act of Parliament the laws relat- 
 ing to the government of His Majesty's ships vessels and forces by sea Provided 
 nevertheless that all disorders and misdemeanors committed on shore by any Cap- 
 tain Commander or Lieutenant Master Officer Seaman Soldier or other person 
 whatsoever belonging to any of our ships of war or other vessels acting by immedi- 
 ate commission or warrant from our said Commissioners for executing the office of our 
 High Admiral or from our High Admiral of Great Britain for the time being under 
 the seal of our Admiralty may be tried and punished according to the laws of the 
 place where any such disorders offences and misdemeanors shall be committed on 
 shore notwithstanding such offender be in our actual service and borne in our pay 
 on board any such our ships of war or other vessels acting by immediate commis- 
 sion or warrant from our said Commissioners for executing the office of High Admi- 
 ral or our High Admiral of Great Britain for the time being as aforesaid so as he 
 shall not receive any protection for the avoiding of justice for such offences commit- 
 ted on shore from any pretence of his heing employed in our service at sea And 
 our further will and pleasure is that all public money raised or which shall be raised 
 by any act hereafter to be made within our said Province be issued out by warrant 
 from you by and with the advice and consent of our said Council and disposed 
 of by you for the support of the Government or for such other purpose as 
 shall be particularly directed in and by such act and not otherwise And wee 
 do likewise give and grant unto you full power and authority by and with 
 the advice and consent of our said Council to settle and agree with the in- 
 habitants of our Province for such lands tenements and hereditaments as now are or 
 hereafter shall be in our power to dispose of and them to grant to any person or per- 
 
43 
 
 sons upon such terms and under such quit rents services and acknowledgements as wee appendix. 
 by our instructions given you herewith or which wee may hereafter give you shall 3 ' 
 
 think fit to appoint order and direct which said grants arc to pass and he sealed c ssion oi 
 
 with our seal of New Brunswick and being entered upon record by such officer or as Governoi ni 
 officers as shall be appointed thereunto shall be good and effectual in law against us i6th Aueust, nw 
 our heirs and successors And wee do hereby give you the said Thomas Carleton 
 full power to order and appoint fairs marts and markets as also such and so 
 many ports and harbours bays and havens and other places for the convenience and 
 security of shipping and for the better loading and unlading of goods and merchan- 
 dizes as by you with the advice and consent of the said Council shall be thought fit 
 and necessary And wee do hereby require and command all officers and ministers 
 civil and military and all other inhabitants of our said Province to be obedient aiding 
 and assisting unto you the said Thomas Carleton in the execution of this our com- 
 mission and of the powers and authorities herein contained and in case of your 
 death or absence out of our said Province to be obedient aiding and assisting unto 
 such person as shall be appointed by us to be our Lieutenant Governor or Command- 
 er in Chief of our said Province To whom wee do therefore, by these presents, give 
 and grant all and singular the powers and authorities herein granted to be by him ex- 
 ecuted and enjoyed during our pleasure, or until your arrival within our said Province 
 And if upon your death or absence out of our said Province there be no person upon 
 the place commissionated and appointed by us to be our Lieutenant Governor or 
 Commander in Chief of the said Province our will and pleasure is that the eldest 
 Councillor who shall be at the time of your death or absence residing within our said 
 Province shall take upon him the administration of the government and execute our said 
 commission and instructions and the several powers and authorities therein contained in 
 the same manner and to all intents and purposes as other our Governor or Commander 
 in Chief should or ought to do in case of your absence until your return or in all 
 cases until our further pleasure be known therein And wee do hereby declare ordain 
 and appoint that you, the said Thomas Caleton shall and may hold execute and enjoy 
 the office and place of our Captain General and Governor in Chief in and over our 
 said Provinceof New Brunswick with all its rights members and appurtenances whatso- 
 ever together with all and singular the powers and authorities hereby granted unto 
 vou for and during our will and pleasure In witness &c 
 
 Witness ourself at Westminster the sixteenth day of August in the twenty-fourth 
 year of our reign 
 
 By Writ of Privy Seal 
 
 This is a true copy from the original record remaining in the Chapel of the Rolls 
 
 having been examined. 
 
 JOHN KIPLING. 
 
APPENDIX, No. IV. 
 ACT OF THE BRITISH PARLIAMENT 
 
 TO DIVIDE 
 
 THE PROVINCE OF QUEBEC INTO TWO SEPARATE PROVINCES. 
 
 XXXI GEO: III. CAP. 31, 1791. 
 
 British Order in Council, by which the Province of Quebec was divided into two 
 separate Governments, of Upper and Lower Canada, 24th August, 1791. 
 
 . îppendix. *% n aci to repeal certain parts of an act passed in the fourteenth year of his Ma- 
 No. 4. jesty's reign, intituled, An act for making more effectual provision for the gov- 
 British Acta m ernment of the Province of Quebec, in North America; and to make further 
 v!nco e oi"uueb(c" provision for the government of the said Province. 
 
 iiimi, xxx\ Geo: Whereas, an act was passed in the fourteenth year of the reign of his present 
 Majesty, intituled, An act for making more effectual provision for the government of 
 the Province of Quebec, in North America: and whereas the said act is in many 
 respects inapplicable to the present condition and circumstances of the said Pro- 
 vince: and whereas it is expedient and necessary that further provision should now 
 be made for the good government and prosperity thereof: may it therefore please 
 your most excellent Majesty that it may be enacted, and be it enacted by the King's 
 most excellent Majesty, by and with the advice and consent of the lords spiritual and 
 temporal, and commons, in this present Parliament assembled, and by the authority 
 of the same, That so much of the said act as in any manner relates to the appointment 
 of a Council for the affairs of the said Province of Quebec, or to the power given by 
 the said act to the said Council, or to the major part of them, to make ordinances for 
 the peace, welfare, and good government of the said Province, with the consent of 
 his Majesty's Governor, Lieutenant Governor, or Commander in Chief, for the time 
 being, shall be and the same is hereby repealed. 
 
 II. And whereas his Majesty has been pleased to signify, by his message to both 
 Houses of Parliament, his royal intention to divide his Province of Quebec into two 
 separate Provinces, to be called the Province of Upper Canada and the Province of 
 Lower Canada, be it enacted by the authority aforesaid, That there shall be within 
 each of the said Provinces, respectively, a Legislative Council and an Assembly, to be 
 severally composed and constituted in the manner hereinafter described; and that in 
 each of the said Provinces, respectively, his Majesty, his heirs or successors, shall have 
 power, during the continuance of this act, by and with the advice and consent of the 
 Legislative Council and assembly of such Provinces, respectively, to make laws for the 
 peace, welfare, and good government thereof, such laws not being repugnant to this 
 act; and that all such laws, being passed by the Legislative Council and Assembly of 
 either of the said Provinces, respectively, and assented to by his Majesty, his heirs or 
 
45 
 
 successors, or assented to in his Majesty's name, by such person as his Majesty, his Appendix. 
 heirs or successors, shall from time to time appoint to be the Governor, or Lieutenant No ' '' 
 Governor, of such Province, or by such person as his Majesty, h is heirs or successors, British \ C i« to 
 shall from time to time appoint to administer the government within the same, shall '«!»!',' m l in , i,.',' 
 be, and the same are hereby declared to be, by virtue of and under the authority of Acta oi Parlia 
 
 Hunt. \\\i Geo 
 
 this act, valid and binding to all intents and purposes whatever, within the Province 1 "- e »P " 
 in which the same shall have been so passed. 
 
 III. And be it further enacted by the authority aforesaid, That, for the purpose oi 
 constituting such Legislative Council, as aforesaid, in each of the said Provinces, respec- 
 tively, it shall and may be lawful for his Majesty, his heirs or successors, by an in- 
 strument under his or their sign manual, to authorize an I direct the Governor or Lieu- 
 tenant Governor, or person administering the government in each of the said Pro- 
 vinces, respectively, within the time hereinafter mentioned, in his Majesty's name, and 
 by an instrument under the great seal of such Province, to summon to the said Legisla- 
 tive Council, to be established in each of the said Provinces, respectively, a sufficient 
 number of discreet and proper persons, being not fewer than seven, to (he Legislative 
 Council for the Province of Upper Canada , and not fewer than fifteen to the Legisla- 
 tive Council for the Province of Lower Canada; and that it shall also be lawful for his 
 Majesty, his heirs or successors, from time to time, by an instrument under his or 
 their sign manual, to authorize and direct the Governor or Lieutenant Governor, or per- 
 son administering the government in each of the said Provinces, respectively, to sum- 
 mon to the Legislative Council of such Province, in like manner, such other person or 
 persons as his Majesty, his heirs or successors, shall think fit; and that every person 
 who shall be so summoned to the Legislative Council of either of the said Provinces, 
 respectively, shall thereby become a member of such Legislative Council to which he 
 shall have been so summoned. 
 
 IV. Provided always, and be it enacted by the authority aforesaid, That no per- 
 son shall be summoned to the said Legislative Council, in either of the said Provinces, 
 who shall not be of the full age of twenty-one years, and a natural-born subject of his 
 Majesty, or a subject of his Majesty naturalized by act of the British Parliament, 
 or a subject of his Majesty, having become such by the conquest and session of the 
 province of Canada. 
 
 V. And be it further enacted by the authority aforesaid. That every member of 
 each of the said Legislative Councils shall hold his seat therein for the term of his life, 
 but subject, nevertheless, to the provisions hereinafter contained for vacating the 
 the same, in the cases hereinafter specified. 
 
 VI. And be it further enacted by the authority aforesaid, That whenever his Ma- 
 jesty, his heirs or successors, shall think proper to confer upon any subject of the 
 crown of Great Britain, by letters patent under the great seal of either of the said 
 Provinces, any hereditary title of honor, rank, or dignity of such Province, descendi- 
 ble according to any course of descent limited in such letters paten*, it shall and may 
 be lawful for his Majesty, his heirs or successors, to annex thereto, by the said letters 
 patent, if his Majesty, his heirs or successois, shall so think fit, an hereditary right of 
 being summoned to the Legislative Council of such Province, descendible according to 
 the course of descent so limited with respect tj such title, rank, or dignity; and that 
 every person on whom such right shall be so conferred, or to whom such right shall 
 severally so descend, shall thereupon be entitled to demand from the Governor, Lieu- 
 tenant Governor, or person administering the gcvernm< iit of stich Province, his writ 
 or summons to such Legislative Council, at any time after he shall have attained the 
 age of twenty-one years, subject nevertheless to the provisions hereinafter contained. 
 
 VII. Provided always, and be it further enacted by the authority aforesaid, That 
 when :md so often as any person to whom such hereditary right shall have descended, 
 shall, without the permission of his Majesty, bis heirs or successors, signified to the 
 
 12' 
 
4G 
 
 appendix. Legislative Council of the Province by the Governor, Lieutenant Governor, or person 
 
 administering the government there, have been absent from the said Province for the 
 
 Biitisii Acts to space of four years continually, at any time between the date of his succeeding; to such 
 
 divide the Pro- ',,,.,..,.„ 
 
 vincc or Quebec, right, and the time of his applying for such writ of summons, if he shall have been of 
 Acts of p.irii.i- the age of twenty-one years or upwards at the time of his so succeeding;, or at any 
 
 nieut, xx\i (jeu. . oî J 
 
 '" ' ,|J ::l time between the date of his attaining the said age, and the time ol his so applying, if 
 
 he shall not have been of the said age at the time of his so succeeding; and also when, 
 and so often as any such person shall at any time, before his applying for such writ of 
 summons, have taken any oath of allegiance or obedience to any foreign prince or pow- 
 er, in every such case, such person shall not be entitled to receive any writ of sum- 
 mons to the Legislative Council by virtue of such hereditary right, unless his Majesty, 
 his heirs or successors, shall at any time think fit, by instrument under his or their 
 sign manual, to direct that such person shall be summoned to the said Council; and 
 the Governor, Lieutenant Governor, or person administering the government in the said 
 Provinces, respectively, is hereby authorized and required, previous to granting such 
 writ of summons to any person so applying for the same, to interrogate such person 
 upon oath, touching the said several particulars, before such executive council as shall 
 have been appointed by his Majesty, his heirs or successors, within such Province, for 
 the atlairs thereof. 
 
 VIII. Provided also, and be it further enacted by the authority aforesaid, That, if 
 any member of the Legislative Councils of either of the said Provinces, respectively, 
 shall leave such Province, and shall reside out of the same for the space of four years, 
 continually, without the permission of his Majesty, his heirs or successors, signified to 
 such Legislative Council by the Governor or Lieutenant Governor, or person administer- 
 ing his Majesty's government there, or for the space of two years continually, without 
 the like permission, or the permission of the Governor, Lieutenant Governor, or person 
 administering the government of such Province, signified to such Legislative Council in 
 the manner aforesaid; or if any such member shall take any oath of allegiance or obedi- 
 ence to any foreign prince or power, his seat in such Council shall thereby become 
 vacant. 
 
 IX. Provided also, and be it further enacted by the authority aforesaid, That in 
 every case where a writ of summons to such Legislative Council shall have been lawful- 
 ly withheld from any person to whom such hereditary right as aforesaid shall have 
 descended, by reason of such absence from the Province as aforesaid, or of his having 
 taken an oath of allegiance or obedience to any foreign prince or power, and also in 
 every case where the seat in such Council of any member thereof, having such heredi- 
 tary right as aforesaid, shall have been vacated by reason of any of the causes herein- 
 before specified, such hereditary right shall remain suspended during the life of such 
 person, unless his Majesty, his heirs or successors, shall afterwards think fit to direct 
 that he be summoned to such Council; but that on the death of such person, such right, 
 subject to the provisions herein contained, shall descend to the person who shall next 
 be entitled thereto, according to the course of descent limited in the letters patent by 
 which the same shall have been originally conferred. 
 
 X. Provided also, and be it further enacted by the authority aforesaid, That if any 
 member of cither of the said Legislative Councils shall be attainted for treason in any 
 court of law within any of his Majesty's dominions, his seat in such Council shall 
 thereby become vacant, and any such hereditary right as aforesaid then vested in such 
 person, or to be derived to any other persons through him, shall be utterly forfeited 
 and extinguished. 
 
 XI. Provided also, and be it further enacted by the authority aforesaid, That when- 
 ever any question shall arise respecting the right of any person to be summoned to 
 either of the said Legislative Councils, respectively, or respecting the vacancy of the' 
 seat in such Legislative Council of any person having been summoned thereto, every 
 
47 
 
 such question shall, by the Governor or Lieutenant Governor of the Province, or by the . Ippendû 
 
 person administering the government there, be referred (o such Legislative Council, to 
 
 be by the said Council heard and determined; and that it shall and may be lawful eith- n,n, i, \,,. ,,. 
 
 ,..,.. r -i i divide tli. Pro 
 
 er lor the person desiring such writ ol summons, or respecting whose scat such ques-vinec ni wuc 
 
 tion shall have arisen, or for his Majesty's Attorney General of such Province, in his let» m i'"''-> 
 
 _ ' nient, \\\i (Ji [i 
 
 Majesty's name, to appeal from the determination of the said council, in such case, to "'-Cap-Si. 
 his Majesty in his Parliament of Great Britain; and that the judgment thereon of his 
 Majesty in his said parliament shall be final and conclusive to all intents and purposes 
 whatever. 
 
 XII. And he it further enacted by the authority aforesaid, That the Governor or 
 Lieutenant Governor of the said Provinces, respectively, or the person administering 
 his Majesty's government therein, respectively, shall have power and authority, 
 from time to time, by an instrument under the great seal of such Province, to consti- 
 tute, appoint, and remove the Speakers of the Legislative Councils of such Provinces, 
 respectively. 
 
 XIII. And he it further enacted by the authority aforesaid, That, for the purpose 
 of censtituting such assembly as aforesaid, in each of the said Provinces, respectively, 
 it shall and may be lawful for his Majesty, his heirs or successors, by an instrument 
 under his or their sign manual, to authorize and direct the Governor or Lieutenant 
 Governor, or person administering the government in each of the said Provinces, re- 
 spectively, within the time hereinafter mentioned, and thereafter from time to time, 
 as occasion shall require, in his Majesty's name, and by an instrument under the great 
 seal of such Province^ to summon and call together an assembly in and for such Pro- 
 vince. 
 
 XIV. And be it further enacted by the authority aforesaid, That for the purpose 
 of electing the members of such assemblies, respectively, it shall and may he lawful 
 for his Majesty, his heirs or successors by an instrument under his or their sign manu- 
 al, to authorize the Governor or Lieutenant Governor of each of the said Provinces, 
 respectively, or the person administering the government therein, within the time here- 
 inafter mentioned, to issue a proclamation dividing such Province into districts, or 
 counties, or circles, and towns or townships, and appointing the limits thereof, and 
 declaring and appointing the number of representatives to be chosen by each of such 
 districts, or counties, or circles, and towns or townships, respectively; and that it shall 
 also he lawful for his Majesty, his heirs or successors, to authorize such Governor or 
 Lieutenant Governor, or person administering the government, from time to time, to 
 nominate and appoint proper persons to execute the ollice of returning officer in each 
 of the said districts, or counties, or circles, and towns or townships, respectively; and 
 that such division of the said provinces into districts, or counties, or circles, and towns 
 or townships, and such declaration and appointment of the number of representatives 
 to be chosen by each of the said districts, or counties, or circles, and towns or town- 
 ships, respective I y, and also such nomination and appointment of returning officers in 
 the same, shall be valid and effectual to all the purposes of this act, unless it shall a is 
 any time be otherwise provided by any act of the Legislative Council and Assembly of 
 the Province, assented to by his Majesty, his heirs or successors. 
 
 XV. Provided nevertheless, and he it further enacted by the authority aforesaid, 
 That the provision herein-before contained, for empowering the Governor, Lieutenant 
 Governor, or person administering the government of the said Provinces, respectively, 
 under such authority as aforesaid, from his Majesty, his heirs or successors, from time 
 to time, to nominate and appoint proper persons to execute the office of returning offi- 
 cer in the said districts, counties, circles, and towns or townships, shall remain and 
 continue in force in each of the said Provinces, respectively, for the term of two years, 
 from and after the commencement of this act, within such Province, and no longer; 
 but subject, nevertheless,, to be sooner repealed or varied by any act of the Legislative 
 
48 
 
 appendix. Council and Assembly of the Province, assented to by bis Majesty, his heirs or sue- 
 ^° cessors. 
 
 British Acts t.. XVI. Provided always, and be it further enacted by the authority aforesaid, That 
 vince of uuebec. no person shall be obliged to execute the said office of returning officer for any longer 
 
 Acis of en ,a time than one year, or oftenerthan once, unless it shall at any time be otherwise pro- 
 iii, cap, 31 vided by any act of the Legislative Council and Assembly of the Province, assented to 
 
 by his Majesty, his heirs or successors. 
 
 XVII. Provided also, and be it enacted by the authority aforesaid. That the whole 
 number of members to be chosen in the Province of Upper Canada shall not be less 
 than sixteen, and that the whole number of members to be chosen in the Province of 
 Lower Canada shall not be less than fifty. 
 
 XVIII. And be it further enacted by t'>e authority aforesaid, That writs for the 
 election of members to serve in the said Assemblies, respectively, shall be issued by 
 the Governor, Lieutenant Governor, or person administering his Majesty's government 
 within the said Provinces, respectively, within fourteen days after the sealing of such 
 instrument as aforesaid, for summoning am! calling together such Assembly, and that 
 such writs shall be directed to the respective returning officers of the said districts, 01 
 counties, or circles, and towns or townships, and that such writs shall be made returna- 
 ble within fifty days at farthest from the day on which they shall bear dale, unless it 
 shall at any time be otherwise provided by any act of the Legislative Council and As- 
 sembly of the Province, assented to by his Majesty, his heirs or successors: and that 
 writs shall, in like manner and form, be issued for the election of members in the case 
 of any vacancy which shall happen by the death of the person chosen, or by his being 
 summoned to the Legislative Council of either Province, and that such wrils shall be 
 made returnable within fifty days at farthest, from the day on which they shall bear 
 date, unless it shall at any time be otherwise provided by any act of the Legislative 
 Council and Assembly of the Province, assented to by his Majesty, his heirs or succes- 
 sors; and that in the case of any such vacancy which shall happen by the death of the 
 person chosen, or by reason of his being so summoned as aforesaid, the writ for the 
 election of a new member shall be issued within six days after the same shall be made 
 known to the proper office for issuing such writs of election. 
 
 XIX. And be it further enacted by the authority aforesaid, That all and every the 
 returning officers so appointed as aforesaid, to whom any such writs as aforesaid, shall 
 be directed, shall and they are hereby authorized and required duly to execute such 
 writs. 
 
 XX. And be it further enacted by the authority aforesaid, That the members for the 
 several districts, or counties, or circles of the said Provinces, respectively, shall be cho- 
 sen by the majority of votes of such persons as shall severally be possessed, for their 
 own use and benefit, of lands or tenements within such district, or county, or circle, as 
 the ease shall be, such lands being by them held in freehold, or in fief, or in roture, or 
 by certificate derived under the authority of the Governor and Council of the Province 
 of Quebec, and being of the yearly value of forty shillings sterling, or upwards, over 
 and above all rents and charges payable out of, or in respect of the same; and that the 
 members for the several towns or townships within the said Provinces, respectively, 
 shall be chosen by the majority of votes of such persons as either shall severally be 
 possessed, for their own use and benefit, of a dwelling house and lot of ground in such 
 town or township, such dwelling house and lot of ground being by them held in like 
 manner as aforesaid, and being of the yearly value of five pounds sterling, or upwards, 
 or as having been resident within the said town or township for the space of twelve 
 calendar months next before the date of the writ of summons for the election, shall 
 bona fide have paid one year's rent for the dwelling house in which they shall have 
 so resided, at the rate often pounds sterling per annum, or upwards. 
 
Rrlligh Ans to 
 I, vide- [he Pro- 
 l iuce o( <i leui i 
 
 49 
 
 XXI. Provided always, and be it further enacted by the authority aforesaid, That Jlppendia. 
 no person shall be capable of being elected a member to serve in either of the said As- lN "' 
 semblies, or of sitting or voting therein, who shall be a member of either of the said 
 Legislative Councils to be established as aforesaid, in the said two Provinces, or who 
 shall be a minister of the church of England, or a minister, priest, ecclesiastic, or Acts o.' Pariia 
 
 1 llH'lll, \\\l {'•!<■' 
 
 teacher, either according to the rites of the church of Rome, or under any oilier form i". cap. 31. 
 or profession of religious faith or worship. 
 
 XXII. Provided also, and be it further enacted by the authority aforesaid, That no 
 person shall be capable of voting at any election of a member to serve in such Assnm- 
 blv in either of the said Provinces, or of being elected at any such election, who shall 
 not be of the full age of twenty-one years, and a natural-born subject of his Majesty, 
 or a subject of his Majesty naturalized by act of the British Parliament, or a sub- 
 ject of his. Majesty, having become such by the conquest and cession of the Province 
 of Canada. 
 
 XXIII. And be it also enacted by the authority aforesaid, That no person shall be 
 capable of voting at any election of a member to serve in such assembly, in either of 
 the said Provinces, or of being elected at any such election, who shall have been at- 
 tainted for treason or felony in any court of law within any of his Majesty's domin- 
 ions, or who shall be within any description of persons disqualified by any act of the 
 Legislative Council and Assembly of the Province, assented to by his Majesty, his 
 heirs or successors. 
 
 XXIV. Provided also, and be it further enacted by the authority aforesaid, That 
 every voter, before he is admitted to give his vote at any such election, shall, if re- 
 quired by any of the candidates, or by the returning officer, take the following oath, 
 which shall be administered in the English or French language, as the case may re- 
 quire: I, A. B. do declare and testify, in the presence of Almighty God, that I am, 
 to the best of my knowledge and belief, of the full age of twenty-one years, and that 
 I have not voted before at this election. And that every such person shall also, if so 
 required as aforesaid, make oath, previous to his being admitted to vote, that he is, to 
 the best of his knowledge and belief, duly possessed of such lands and tenements, or 
 of such a dwelling house and lot of ground, or that he has bona fide been so resident, 
 arid paid such rent for his dwelling house, as entitles him, according to the provisions 
 of this act, to give his vote at such election for the county, or district, or circle, or for - 
 the town or township for which he shall offer the same. 
 
 XXV. And be it further enacted by the authority aforesaid, That it shall and may 
 be lawful for his Majesty, his heirs or successors, to authorize the Governor, Lieutenant 
 Governor, or person administering the government within each of the said Provinces, 
 respectively, to fix the time and place of holding such elections, giving not less than 
 eight days' notice of such time, subject neveitheless, to such provisions as may hereaf- 
 ter be made in these respects by any act of the Legislative Council and Assembly of the 
 Province, assented to by his Majesty, his heirs or successors. 
 
 XXVI. And be it further enacted by the authority aforesaid, That it shall and may 
 be lawful for his Majesty, his heirs or successors, to authorize the Governor or Lieuten- 
 ant Governor of each of the said Provinces, respectively, or the person administering 
 the government therein, to fix the places and times of holding the first and every other 
 session of the Legislative Council and Assembly of such Province, giving due and suf- 
 ficient notice thereof, and to prorogue the same from time to time, and to dissolve the 
 same, by proclamation or otherwise, whenever he shall judge it necessary or expe- 
 dient. 
 
 XXVII. Provided always, and be it enacted by the authority aforesaid, That the 
 said Legislative Council and Assembly, in each of the said Provinces, shall be called 
 together once at the least, in every twelve calendar months, and that every Assembly 
 shall continue for four vears from the day of the return of the writs for choosing thf 
 
 13* 
 
50 
 
 Appendix, same, and no longer, subject nevertheless, to be sooner prorogued or dissolved by the 
 
 No - 4 Governor or Lieutenant Governor of the Province, or person administering his Majes- 
 
 Briiish Ans m ty's government therein. 
 
 Tinee' ofQuebw! XXVIII. And be it further enacted by the authority aforesaid, That all questions 
 
 Ans oi r.n'.n which shall arise in the said Legislative Councils or Assemblies, respectively, shall be 
 
 lit cap. 31. decided by the majority of voices of such members as shall be present; and that in all 
 
 cases where the voices shall be equal, the Speaker of such Council or Assembly, as tlie 
 
 case shall be, shall have a casting voice. 
 
 XXIX. Provided always, and be it enacted by the authority aforesaid, That ivo 
 member, either of the Legislative Council or Assembly, in either of the said Provinces, 
 shall be permitted to sit, or to vole therein, until he shall have taken and subscribed 
 the following oath, either before the Governor or Lieutenant Governor of such Province, 
 or person administering the government therein, or before some person or person» au- 
 thorized by the said Governor or Lieutenant Governor, or other person as aforesaid, to 
 administer such oath, and that the same shall be administered in the English or French 
 language, as the case may require : — I, A. 13. do sincerely promise and swear that I 
 will be faithful, and bear true allegiance to his Majesty King George, as lawful sove- 
 reign of the kingdom of Great Britain, and of these Provinces dependent on, and be- 
 longing to the said kingdom ; and that I will defend him to the utmost of my power,, 
 against all traitorous conspiracies and attempts whatever, which shall be made against 
 his person, crown, and dignity ; and that I will do my utmost endeavour, to disclose 
 and make known to his Majesty, his heirs or successors, all treasons and traftorous 
 conspiracies and attempts which I shall know to be against him, or any of them : and 
 all this I do swear without any equivocation, mental evasion, or secret reservation, 
 and renouncing all pardons and dispensations from any person or power whatever to 
 the contrary. So help me God. 
 
 XXX. And be it further enacted by the authority aforesaid, That whenever any 
 bill which has been passed by the Legislative Council, and by the House of Assembly, 
 in either of the said Provinces, respectively, shall be presented for his Majesty's as- 
 sent, to the Governor or Lieutenant Governor of such Province, or to the person admin- 
 istering his Majesty's government therein, such Governor or Lieutenant Governor, or 
 person administering the government, shall, and he is hereby authorized and requir- 
 ed to declare, according to his discretion, but subject nevertheless, to the provisions 
 contained in this act, and to such instructions as may, from time to time, be given in 
 that behalf by his Majesty, his heirs or successors, that he assents to such bill in his 
 Majesty's name, or that he withholds his Majesty's assent from such bill, or that he 
 reserves such bill for the signification of his Majesty's pleasure thereon. 
 
 XXXI. Provided always, and be it further enacted by the authority aforesaid, That 
 whenever any bill, which shall have been so presented for his Majesty'sassent. to such 
 Governor, Lieutenant Governor, or person administering the government, shall, by 
 such Governor, Lieutenant Governor, or person administering the government, have 
 been assented to in his Majesty's name, such Governor, Lieutenant Governor, or per- 
 son as aforesaid, shall, and he is hereby required, by the first convenient opportunity, 
 to transmit to one of his Majesty's principal Secretaries of State, an authentic copy of 
 such hill so assented to; and that it shall and may be lawful, at any time within two 
 years after such bill shall have been so received by such Secretary of State, for his Ma- 
 jesty, his heirs or successors, by his or their order in Council, to declare his or their 
 disallowance of such bill, and that such disallowance, together with a certificate, under 
 the hand and seal of such Secretary of State, testifying the day on which such bill was 
 received as aforesaid, being signified by such Governor, Lieutenant Governor, or 
 person administering the government, to the Legislative Council and Assembly of 
 such Province, or by proclamation, shall make void and annul the same, from and 
 after the date of such signification. 
 
51 
 
 XXXII. And be it further enacted by the authority aforesaid, That no such bill, which Appendix. 
 shall be so reserved for the signification of his Majesty's pleasure thereon, shall have N "' l 
 any force or authority within either of the said Provinces, respectively, until the Gov- r.,„,.i, Acts 10 
 
 t • i n i • • * • it i 1 1 rlividfl i!i- Pro 
 
 ernor or Lieutenant Governor, or person administering the government, shall signify, vit» iw-u^ 
 
 either by speech or message, to the Legislative Council and Assembly of such Province, vcu «> Purlin 
 or by proclamation, that such bill has been laid before his Majesty in Council, and that '«■ ' m> si- 
 his Majesty has been pleased to assent to the same; and that an entry shall he made, 
 in the journals of the said Legislative Council of every such speech, message or procla- 
 mation; and a duplicate thereof, duly attested, shall be delivered to the proper officer, 
 to be kept amongst the public records of the Province : and that no such bill, which 
 shall be so reserved as aforesaid, shall have any force or authority within either of the 
 said Provinces, respectively, unless his- Majesty's assent thereto shall have been so 
 signified as aforesaid, within the space of two years from the day on which such bill 
 shall have been presented for his Majesty's assent to the Governor, Lieutenant Gov- 
 ernor, or person administering the government of such Province. 
 
 XXXIII. And be it further enacted by the authority aforesaid. That all laws, stat- 
 utes, and ordinances, which shall be in force on the day to be fixed, in the manner 
 herein-after directed for the commencement of this act, within the said Provinces, or 
 either of them, or in any part thereof respectively, shall remain and continue to be of 
 the same force, authority, and effect, in each of the said Provinces, respectively, as if 
 this act had not been made, and as if the said Province of Quebec had not been divid- 
 ed; except in so far as the same are expressly repealed or varied by this act, or in so 
 far as the same shall, or may hereafter, by virtue of and under the au'hority of this 
 act, be repealed or varied by his Majesty, his heirs or successors, by and with the ad- 
 vice and consent of the Legislative Councils and Assemblies of the said Provinces, re- 
 spectively, or in so far as the same may be repealed or varied by such temporary laws 
 or ordinances as may be made in the manner hereinafter specified. 
 
 XXXIV. And whereas, by an ordinance passed in the Province of Quebec, the 
 Governor and Council of the said Province were constituted a court of civil jurisdic- 
 tion, for hearing and determining appeals in certain cases therein specified, be it 
 further enacted by the authority aforesaid, That the Governor, or Lieutenant Governor, 
 or person administering the government of each of the said Provinces, respectively, 
 together with such executive council as shall be appointed by his Majesty, for the af- 
 fairs of such Province, shall be a court of civil jurisdiction within each of the said Pro- 
 vinces, respectively, for hearing and determining appeals within the same, in the like 
 cases, and in the like manner and form, and subject to such appeal therefrom, as such 
 appeals might before the passing of this act, have been heard and determined by the 
 Governor and Council of the Province of Quebec; but subject, nevertheless, to sucl 
 further, or other provisions as may be made in this behalf, by any act of the Legisla 
 tive Council and Assembly of either of the said Provinces, respectively, assented to b\ 
 his Majesty, his heirs or successor*. 
 
 X\XV r . And whereas, by the above-mentioned act, passed in the fourteenth 
 year of the reign of his present Majesty, it was declared, that the clergy of the 
 church of Rome, in the Province of Quebec, might hold, receive, and enjoy their 
 accustomed dues and rights, with respect to such persons only as should profess 
 the said religion ; provided nevertheless, that it should be lawful for his Majesty, 
 his heirs or successors, to make such provision out of the rest of the said accustom- 
 ed dues and rights, for the encouragement of the Protestant religion, and for the 
 maintenance and support of a Protestant clergy within the said Province, as he or 
 they should from time to time, think necessary and expedient : and whereas, by 
 las Majesty's royal instructions, given under his Majesty's royal sign manual, on 
 the third day of January, in the year of our Lord one thousand seven hundred and 
 semity-jive.toGuy Carleton,esauire, now Lord Dorchester, at that time his Maje 
 
 ii 
 la* 
 
 tes 
 
52 
 
 Appendix, ly's Captain General and Governor in Chief in and over his Majesty'' s Province of 
 No - 4 - Quebec, his Majesty was pleased, amongst other things, to direct, " lliat no incum- 
 
 B ,„,.i, . VN ;n bent professing the religion of the church of Home, appointed to any parish in the 
 î'iîicl* or Quebec! said Province, should be entitled to receive any tythes for lands or possessions occu- 
 
 Act ~r,,,iia- pied by a Protestant, but that such tythes should be received by such persons as the 
 i ip. 31.' said Guy Carleton, esquire, his Majesty's Captain General and Governor in Chief 
 in and over his Majesty's said Province of Quebec, should appoint and should be 
 reserved in the hands of his Majesty's Receiver General of the said Province, for the 
 support of a Protestant clergy in his Majesty's said Province, to be actually resi- 
 dent within the same, and not otherwise, according to sucii directions as the said 
 <iuy Carleton, esquire, his Majesty's Captain General and Governor in Chief, in and 
 over his Majesty's said Province, should receive from his Majesty in that behalf; 
 anil that in like manner all growing rents and profits of a vacant benefice should, 
 during such vacancy, be reserved for, and applied to the like uses:" and whereas, 
 his Majesty's pleasure has like/vise been signified to the same effect in his Majes- 
 ty's royal instructions, given in. tike manner to Sir Frederic Haldimand, knight 
 of the most honorable order of the Bath, late his Majesty's Captain. General and 
 Governor in Chief in and over his Majesty's said Province of Quebec: and also in 
 his Majesty's royal instructions, given in like manner to the said right honorable 
 Guy, Lord Dorchester, now his Majesty's Captain Genera! and Governor in Chief 
 in and over his Majesty's said Province of Quebec; be it enacted by the authority 
 aforesaid, That the said declaration and Provision contained in the said above-men- 
 tioned act, and also the said provision, so made by his Majesty in consequence thereof, 
 by his instructions above recited, shall remain and continue to be of full force and ef- 
 fect in each of the said two Provinces of Upper Canada, and Lower Canada respec- 
 tively, except in so far as the said declaration or provisions, respectively, or any part 
 thereof, shall be expressly varied or repealed by any act or acts which may be passed 
 by the Legislative Council and Assembly of the said Provinces, respectively, and as- 
 sented to by his Majesty, his heirs or successors, under the restriction herein-after 
 provided. 
 
 XXXVI. And whereas his Majesty has been graciously pleased, by message to 
 both houses of Parliament, to express his royal desire to be enabled to make a per- 
 manent appropriation of lands in the said Provinces, for the support and mainte- 
 nance of a Protestant clergy within the same, in proportion to such lands as have 
 been already granted within the same by his Majesty : and whereas his Majesty 
 has been graciously pleased, by his said message, further to signify his royal de- 
 sire that such provision may be made, with respect to all future grants of land 
 within the said Provinces, respectively, as may best conduce to the due and suffi- 
 cient support and maintenance of a Protestant clergy within the said Provinces, in 
 proportion to such increase as may happen in the population and cultivation there- 
 of : therefore, for the purpose of more effectually fulfilling his Majesty's gracious 
 intentions as aforesaid, and of providing for the due execution of the same in all 
 time to come, be it enacted by the authority aforesaid, That it shall and may be law- 
 ful for his Majesty, his heirs or successors, to authorize the Governor or Lieutenant Gov- 
 ernor of each of the said Provinces, respectively, or the person administering the gov- 
 ernment therein, to make, from and out of the lands of the crown within such Pro- 
 vinces, such allotment and appropriation of lands for the support and maintenance of a 
 Protestant clergy within the same, as may bear a due proportion to the amount of such 
 lands within the same as have at any time been granted by or under the authority of 
 his Majesty: and that whenever any grant of lands within either of the said Provinces 
 shall hereafter be made, by or under the authority of his Majesty, his heirs or succes- 
 sors, there shall at the same time be made, in respect of the same, a proportionable al- 
 lotment and appropriation of lands for the above-mentioned purpose, within the town- 
 
to 
 
 Pro- 
 lebee. 
 
 53 
 
 ship or parish to which such lands so to be granted shall appertain or be annexed, or as Appendix 
 nearly adjacent thereto as circumstances will admit; and that no such grant shall be No. 4. 
 valid or effectual unless the same shall contain a specification of the lands so allotted BrittehÂwa 
 and appropriated, in respect of the lands to be thereby granted; and that such lands, so îtoce'ofo» 
 allotted and appropriated, shall be, as nearly as the circumstances and nature of the ActsTTparii» 
 case will admit, of the like quality as the lands in respect of which the same are so ™càp? SÎ G °° 
 allotted and appropriated, and shall be, as nearly as the same can be estimated at 
 the time of making such grant, equal in value to the seventh part of the lands so 
 granted. 
 
 XXXVII. And be it further enacted by the authority aforesaid, That all and every 
 the rents, profits or emoluments, which may at any time arise from such lands so al- 
 lotted and appropriated as aforesaid, shall be applicable solely to the maintenance and 
 support of a protestant clergy within the Province in which the same shall be situated 
 and to no other use or purpose whatever. 
 
 XXXVIII. And be it further enacted by the authority aforesaid, That it shall and 
 may be lawful for his Majesty, his heirs or successors,to authorize the Governor or Lieu- 
 tenant Governor of each of the said Provinces, respectively, or the person administering 
 the government therein, from time to time, with the advice of such executive council as 
 shall have been appointed by his Majesty, his heirs or successors, within such pro- 
 vince, for the affairs thereof, to constitute and erect, within every township or parish 
 which now is, or hereafter may be formed, constituted, or erected within such Pro- 
 vince, one or more parsonage or rectory, or parsonages or rectories, according to the 
 establishment of the church of England ; and from time to time, by an instrument un- 
 der the great seal of such Province, to endow every such parsonage or rectory with so 
 much or such part of the lands so allotted and appropriated as aforesaid, in respect of 
 any lands within such township or parish, which shall have been granted subsequent 
 to the commencement of this act, or of such lands as may have been allotted and ap- 
 propriated for the same purpose, by or in virtue of any instruction which may be giv- 
 en by his Majesty, in respect of any lands granted by his Majesty before the com- 
 mencement of this act, as such Governor, Lieutenant Governor, or person administer- 
 ing the government, shall, with the advice of the said Executive Council, judge to be 
 expedient under the then existing circumstances of such township or parish. 
 
 XXXIX. And be it further enacted by the authority aforesaid, That it shall and 
 may be lawful for his Majesty, his heirs or successors, to authorize the Governor, Lieu- 
 tenant Governor, or person administering the government of each of the said Pro- 
 vinces, respectively, to present to every such parsonage or rectory, an incumbent or 
 minister of the church of England, who shall have been duly ordained according to the 
 rites of the said church, and to supply, from time to time, such vacancies as may hap- 
 pen therein; and that every person so presented to any such parsonage or rectory, 
 shall hold and enjoy the same, and all rights, profits, and emoluments thereunto be- 
 longing or granted, as fully and amply, and in the same manner, and on the same 
 terms and conditions, and liable to the performance of the same duties, as the incum- 
 bent of a parsonage or rectory in England. 
 
 XL. Provided always, and be it further enacted by the authority aforesaid, That 
 every such presentation of an incumbent or minister to any such parsonage or rectory, 
 and also the enjoyment of any such parsonage or rectory, and of the rights, profits, 
 and emoluments thereof, by any such incumbent or minister, shall be subject and lia- 
 ble to all rights ol institution, and all other spiritual and ecclesiastical jurisdiction and 
 authority, which have been lawfully granted by his Majesty's royal letters patent to 
 the Bishop of Nova Scotia, or which may hereafter, by his Majesty's royal authority, 
 be lawfully granted or appointed to be administered and executed within the said Pro- 
 vinces, or either of them respectively, by the said Bishop of Nova Scotia, or by any 
 other person or persons, according to the laws and canons of the church of England, 
 
 which are lawfully made and received in England. 
 
 14* 
 
54 
 
 Sppendix. XLI. Provided always, and be it further enacted by the authority aforesaid, That 
 
 ' 4 ' the several provisions herein-before contained, respecting the allotment and appropri- 
 
 Briiish Acts to ation of lands for the support of a protestant clergy within the said Provinces, and 
 
 divide the Pro- , ,. ,, ... .. .. , -, .,. . 
 
 vince of Quebec, also respecting the constituting, erecting, and endowing parsonages or rectories within 
 Arts of Paiiia- the said Provinces, and also respecting the presentation of incumbents or ministers to 
 
 nient, xx\i Geo: . ... .. 
 
 iii.,cap. 3i. the same, and also respecting the manner in which such incumbents or ministers shall 
 hold and enjoy the same, shall be subject to be varied or repealed by any express pro- 
 visions for that purpose, contained in any act or acts which may be passed by the Le- 
 gislative Council and Assembly of the said Provinces, respectively, and assented to by 
 his Majesty, his heirs or successors, under the restriction herein-after provided. 
 
 XLI I. Provided nevertheless, and be it further enacted by the authority aforesaid, 
 That whenever any act or acts shall be passed by the Legislative Council and Assembly 
 of either of the said Provinces, containing any provisions to vary or repeal the above 
 recited declaration and provision contained in the said act, passed in the fourteenth 
 year of the reign of his present Majesty; or to vary or repeal the above-recited provi- 
 sion contained in his Majesty's royal instructions, given on the third day of January 
 in the year of our Lord one thousand seven hundred and seventy-five, to the said Gu\- 
 Carleton, esquire, now Lord Dorchester ; or to vary or repeal the provisions herein- 
 before contained for continuing the force and effect of the said declaration and provi- 
 sions; or to vary or repeal any of the several provisions herein-before contained, re- 
 specting the allotment and appropriation of lands for the support of a protestant clergy 
 within the said Provinces; or respecting the constituting, erecting, or endowing par- 
 sonages or rectories within the said Provinces; or respecting the presentation of incum- 
 bents or ministers to the same; or respecting the manner in which such incumbents or 
 ministers shall hold and enjoy the same; and also, that whenever any act or acts shall 
 be so passed, containing any provisions which shall in any manner relate to, or affect 
 the enjoyment or exercise of any religious form or mode of worship; or shall impose 
 or create any penalties, burthens, disabilities, or disqualifications in respect of the same; 
 or shall, in any manner relate to or affect the payment, recovery, or enjoyment of 
 any of the accustomed dues or rights herein-before mentioned; or shall in any man- 
 ner relate to the granting, imposing, or recovering any other dues, or stipends, or 
 emoluments whatever, to be paid to, or for the use of any minister, priest, ecclesias- 
 tic, or teacher, according to any religious form or mode of worship, in respect of his 
 said office or function; or shall in any manner relate to, or affect the establishment or 
 discipline of the church of England, amongst the ministers and members thereof with- 
 in the said Provinces; or shall in any manner relate to, or affect the King's preroga- 
 tive touching the granting the waste lands of the crown within the said Provinces; 
 every such act or acts shall, previous to any declaration or signification of the King's 
 assent thereto, be laid before both Houses of Parliament in Great Britain and that 
 it shall not be lawful for his Majesty, his heirs or successors, to signify his or their as- 
 sent to any such act or acts, until thirty days after the same shall have been laid before 
 the said houses, or to assent to any such act or acts, in case either House of Parliament 
 shall, within the said thirty days, address his Majesty, his heirs or successors, to with- 
 hold his or their assent from such act or acts; and that no such act shall be valid or 
 effectual to any of the said purposes, within either of the said Provinces, unless the Le- 
 gislative Council and Assembly of such Province shall, in the session in which the same 
 shall have been passed by them, have presented to the Governor, LieutenantGovernor, 
 or person administering the government of such Province, an address or addresses, 
 specifying that such act contains provisions for some of the said purposes herein-before 
 specially described, and desiring that, in order to give effect to the same, such act 
 should be transmitted to England without delay, for the purpose of being laid before 
 Parliament previous to the signification of his Majesty's assent thereto. 
 
55 , 
 
 XLIII. And be it further enacted by the authority aforesaid, That all lands which appendix. 
 
 shall be hereafter granted within the said Province of Upper Canada shall be granted No ' 4- 
 
 in free and common soccage, in like manner as lands are now holdenin free and com- British Acta to 
 
 mon soccage, in that pait of Great Britain called England: and that in every case vtoce° of Quebec! 
 
 where lands shall be hereafter granted within the said Province of Lower Canada, An ôf Pariia 
 
 i j • r ment, wvi Uço. 
 
 and where the grantee thereof shall desire the same to be granted in lree and common iu. Cap. 31. 
 
 soccage, the same shall be so granted; but subject, nevertheless, to such alterations, 
 
 with respect to the nature and consequences of such tenure of free and common soc- 
 
 cao-e, as may be established by any law or laws which may be made by his Majesty, 
 
 his heirs or successors, by and with the advice and consent of the Legislative Council 
 
 and Assembly of the Province. 
 
 XLIV. And be it further enacted by the authority aforesaid, That if any person or 
 persons holding any lands in the said Province of Upper Canada, by virtue of any 
 certificate of occupation derived under the authority of the Governor and Council of the 
 Province of Quebec, and having power and authority to alienate the same, shall, at any 
 time, from and after the commencement of this act, surrender the same into the hands 
 of his Majesty, his heirs or successors, by petition to the Governor or Lieutenant Gov- 
 ernor, or person administering the government of the said Province, setting forth, that 
 he, she, or they is or are desirous of holding the same in free and common soccage, 
 such Governor, or Lieutenant Governor, or person administering the government, shall 
 thereupon cause a fresh grant to be made to such person or persons of such lands, to 
 be holden in free and common soccage. 
 
 XLV. Provided nevertheless, and be it further enacted by the authority aforesaid, 
 That such surrender and grant shall not avoid or bar any right or title to any such 
 lands so surrendered, or any interest in the same, to which any person or persons, 
 other than the person or persons surrendering the same, shall have been entitled, 
 either in possession, remainder, or reversion, or otherwise, at the time of such surren- 
 der; but that every such surrender and grant shall be made subject to every such right, 
 title, and interest, and that every such right, title, or interest shall be as valid and ef- 
 fectual as if such surrender and grant had never been made. 
 
 XLVI. And whereas by an act passed in the eighteenth year of the reign of his 
 present Majesty, entituled, An act for removing all doubts and apprehensions concern- 
 ing taxation by the Parliament of Great Britain in any of the Colonies, Provinces, 
 and Plantations in North America and the West Indies; and for repealing so much of 
 an act, made in the seventh year of the reign of his present Majesty, as imposes a duty 
 on tea imported from Great Britain into any Colony or Plantation in America, or 
 relates thereto, it has been declared, " that the King and Parliament of Great Bri- 
 tain will not impose any duty, tax, or assessment whatever, payable in any of his 
 Majesty's Colonies, Provinces, and Plantations in North America or the West Indies, 
 except only such duties as it may be expedient to impose for the regulation of commerce, 
 the net produce of such duties to be always paid and applied to and for the use of the 
 Colony, Province, or Plantation, in which the same shall be respectively levied in 
 such manner as other duties collected by the authority of the respective General Courts 
 or General Assemblies of such Colonies, Provinces, or Plantations, are ordinarily paid 
 and applied:" and whereas, it is necessary, for the general benefit of the British em- 
 pire, that such power of regulation of commerce should continue to be exercised by 
 his Majesty, his heirs, or successors, and the Parliament of Great Britain, subject, nev- 
 ertheless, to the condition herein-before recited, with respect to the application of any 
 duties which may be imposed for that purpose: be it therefore enacted by the authori- 
 ty aforesaid, That nothing in this act contained, shall extend, or be construed to ex- 
 tend, to prevent or affect the execution of any law which hath been or shall at any time 
 be made by his Majesty, his heirs or successors, and the Parliament of Great Britain, for 
 establishing regulations or prohibitions, or for imposing, levying, or collecting duties for 
 
56 
 
 Jlppendix. the regulation of navigation, or for the regulation of the commerce to be carrie-1 on be- 
 No 4. tween the said two Provinces or between either of the said Provinces, and any other part 
 niiiish Acts (o of his Majesty's dominions, or between citherofthesaidProvinc.es and any foreign 
 
 v'inc'^or'aucb'pc! country or state, or lor appointing and directing the payment of drawbacks of sucli du> 
 Act rf~rariia- ties so imposed, or to give to his Majesty, his heirs orsuccessors, any power or authority 
 
 S!cap.3i.' e " by and with the advice and consent of such Legislative Councils and Assemblies, respec- 
 tively, to vary or repeal any such law or laws, or any part thereof, or in any manner to 
 prevent or obstruct the execution thereof. 
 
 XLVII. Provided always, and be it enacted by the authority aforesaid, Tha the 
 net produce of all duties which shall be so imposed, shall at all times hereafter be ap- 
 plied to and for the use of each of the said Provinces, respectively, and in such manner 
 only as shall be directed by any law or laws which may be made by his Majesty, his 
 heirs or successors, by and with the advice and consent of the Legislative Council and 
 Assembly of such Province. 
 
 XLVIII. And whereas, by reason of the distance of the said Provinces, from this 
 country, and of the change to be made by this act in the government thereof, it 
 may be necessary that there should be some interval of time between the notification 
 of this act to the said Provinces, respectively, and the day of its commencement 
 within the said Provinces, respectively: be it therefore enacted by the authori- 
 ty aforesaid, That it shall and may be lawful for his Majesty, with the advice of his 
 Privy Council, to fix and declare, or to authorize the Governor or Lieutenant Governor 
 of the Province of Quebec, or the person administering the government there, to fix 
 and declare the day of the commencement of this act within the said Provinces, re- 
 spectively, provided, that such day shall not be later than the thirty-first day of Decem- 
 ber, in the year of our Lord one thousand seven hundred and ninety-one. 
 
 XLIX. And be it further enacted by the authority aforesaid, That the time to be 
 fixed by his Majesty, his heirs or successors, or under his or their authority, by the 
 Governor, Lieutenant Governor, or person administering the government in each of the 
 said Provinces, respectively, for issuing the writs of summons and election, and calling 
 together the Legislative Councils and Assemblies of each of the said Provinces, respec- 
 tively, shall not be later than the thirty-first day of December, in the year of our Lord 
 one thousand seven hundred and ninety-two. 
 
 L. Provided always, and be it further enacted by the authority aforesaid, That dur- 
 ing such interval as may happen between the commencement of this act, within the 
 said Provinces respectively, and the first meeting of the Legislative Council and Assem- 
 bly of each of the said Provinces, respectively, it shall and may be lawful for the Gov- 
 ernor or Lieutenant Governor of such Province, or for the person administering the 
 government therein, with the consent of the major part of such Executive Council as 
 shall be appointed by his Majesty for the affairs of such Province, to make temporary 
 laws and ordinances for the good government, peace, and welfare of such Province, in 
 the same manner, and under the same restrictions, as such laws or ordinances might 
 have been made by the Council for the affairs of the Province of Quebec, constituted 
 by virtue of the above mentioned act of the fourteenth year of the reign of his present 
 Majesty; and that such temporary laws or ordinances shall be valid and binding with- 
 in such Province until the expiration of six months after the Legislative Council and As- 
 sembly of such Province shall have been first assembled by virtue of, and under the 
 authority of this act; subject, nevertheless, to be sooner repealed or varied by any 
 law or laws which may be made by his Majesty, his heirs or successors, by and with 
 the advice and consent of the said Legislative Council and Assembly. 
 
57 
 ORDER IN COUNCIL 
 
 bi waicu 
 
 THE PROVINCE OF QUEBEC WAS DIVIDED INTO TWO SEPARATE GOVERNMENTS 01 
 UPPER AND LOWER CANADA, TWENTY-FOURTH AUGUST, 1791. 
 
 At the Court at St. James's the 24th of August 1791 
 
 Present the Kings most Excellent Majesty in Council Appendix. 
 
 Whereas there was this day read at the Board a report from the Right Honorable No -4. 
 the Lords of the Committee of Council dated the 19th of this instant in the words British Acta to 
 
 r ,, i • \ divide [he Pro- 
 
 following (VIZ) vince „i Quebec. 
 
 Your Majesty having been pleased by your order in Council bearing date the 17th 0l,l ' r '" c°un- 
 of this instant to refer unto this Committee a letter from the Right Honorable Henry 1791 - 
 Dundas one of your Majesty s Principal Secretaries of State to the Lord President of the 
 Council transmitting a printed copy of an act passed in the last session of Parliament 
 entitled "An act to repeal certain partsof an act passed in the fourteenth year of His 
 Majestys reign entitled an act for making more effectual provision for the government 
 of the Province of Quebec in North America and to make further provision for the 
 government of the said province and also copy of a paper presented to Parliament pre- 
 vious to the passing of the said act describing the line proposed to be drawn for divid- 
 ing the Province of Quebec into two separate Provinces agreeable to your Majestys 
 Royal intention signified by message to both Houses of Parliament to be called the 
 Province of Upper Canada and the Province of Lower Canada and stating that by- 
 section forty-eight of the said act It is provided that by reason of the distance of 
 the said Provinces from this country and of the change to be marie by the said act in 
 the government thereof it may be necessary that there should be some interval of time 
 between the notification of the said act to the said Provinces respectively and the day 
 of its commencement within the said Provinces respectively and that it should be law- 
 ful for your Majesty with the advice of your Privy Council to fix and declare or to 
 authorize the Governor or Lieutenant Governor of the Province of Quebec or the 
 person administering the government there to fix and declare the day of the com- 
 mencement of the saiil act within the said Provinces respectively Provided That 
 such day shall not be later than the 31st of December 1791 The Lords of the Com- 
 mittee in obedience to your Majestys said order of reference this day took the said 
 letter into their consideration together with the act of Parliament therein referred to 
 and likewise copy of the said paper describing the line proposed to be drawn for sepa- 
 rating the Province of Upper Canada and the Province of Lower Canada and their Lord- 
 ships do thereupon agree humbly to reportas their opinion to your Majesty that it may 
 be adviseable for your Majesty by your order in Council to divide the Province of 
 Quebec into two distinct Provinces by separating the Province of Upper Canada and 
 the Province of Lower Canada according to the said line of division described in the 
 said paper (copy of which is hereunto annexed) And the Lords of the Committee 
 are further of opinion that it may be adviseable for your Majesty by warrant under 
 your royal sign manual to authorize the Governor or Lieutenant Governor of the 
 Province of Quebec or the person administering the government there to fix and de- 
 clare such day for the commencement of the said before mentioned act within the said 
 two Provinces of Upper and Lower Canada respectively as the said Governor or 
 
 Lieutenant Governor of the Province of Quebec or the person administering the go- 
 
 15* 
 
58 
 
 Appendix, vernment there shall judge most adviseable provided that such day shall not be later 
 
 No ' 4 ' than the 31st day of December in the present year 1791 
 British Acts io The proposed Une of division — To commence at a stone boundary on the north bank 
 vince of Quebec, of the Lake St. Francis at the Cove west of Pointe au Bodet in the limit between 
 Order in coun- the township of Lancaster and the Seigneurie of New Longuevil running along the 
 
 cil of 24th Angust, ' ° ° ° 
 
 said limit in the direction of north thirty-four degrees west to the westernmost angle 
 of the said Seigneurie of New Longuevil thence along the north-western boundary 
 of the Seigneurie of Vaudreuil running north twenty-five degrees east until it strikes 
 the Ottawas river to ascend the said river into the Lake Tomis Canning and from the 
 head of the said Lake by a line drawn due north until it strikes the boundary line of 
 Hudsons Bay including all the territory to the westward and southward of the said 
 line to the utmost extent of the country commonly called or known by the name of 
 Canada 
 
 His Majesty this day took the said report into his royal consideration and approv- 
 ing of what is therein proposed is pleased by and with the advice of his Privy Coun- 
 cil to order as it is hereby ordered that the Province of Quebec be divided into two 
 distinct Provinces to be called the Province of Upper Canada and the Province of 
 Lower Canada by separating the said two Provinces according to the following line 
 of division viz To commence at a stone boundary on the north bank of the Lake 
 St Francis at the Cove west of Pointe au Bodet in the limit between the township 
 of Lancaster and the Seigneurie of New Longuevil running along the said limit in the 
 direction of north thirty-four degrees west to the weslermost angle of the said Seig- 
 neurie of New Longuevil thence along the north-western boundary of the Seigneurie 
 of Vaudreuil running north twenty-five degrees east until it strikes the Ottawas 
 river to ascend the said river into the Lake Tomis Canning and from the head of the 
 said Lake by a line drawn due north until it strikes the boundary line of Hudsons 
 Bay including all the territory to the westward and southward of the said line to the 
 utmost extent of the country commonly called or known by the name of Canada 
 Whereof the Governor Lieutenant Governor or Commander in Chief of the Province 
 of Quebec and all other His Majestys officers in the said Provinces and all whom 
 it may concern are to take notice and yield due obedience to His Majestys pleasure 
 hereby signified 
 
 Whereas there was this day read at the Board a report from the Right Honorable 
 the Lords of the Committee of Council dated the 19th of this instant in the words 
 following viz 
 
 Memorandum — Here the Committee report for dividing the Province of Quebec 
 into two distinct Provinces to be called Upper Canada and Lower Canada and pro- 
 posing the line of division for separating the said Provinces was inserted at length as 
 in the preceding order 
 
 His Majesty this day took the said report into his royal consideration and approv- 
 ing of what is therein proposed was pleased by and with the advice of his Privy 
 Council to order that the Province of Quebec be divided into two distinct Provinces 
 to be called the Province of Upper Canada and the Province of Lower Canada by 
 separating the said two Provinces according to the line of division inserted in the said 
 orders 
 
 And His Majesty is hereby further pleased to order that the Right Honorable 
 Henry Dundas one of His Majesty's Principal Secretaries of State do prepare a war- 
 rant to be passed under His Majestys Royal Sign Manual to authorize the Governor 
 or Lieutenant Governor of the Province of Quebec or the person administering the 
 government there to fix and declare such day as they shall judge most adviseable for 
 the commencement within the Province of Upper Canada and the Province of Lower 
 Canada respectively of the said act passed in the last session of Parliament entitled 
 
59 
 
 "An act to repeal certain parts of an act passed in the fourteenth year of I lis Majestys Appendix. 
 reign entitled an act for making more effectual provision for the government of the No ' 4 ' 
 Province of Quebec in North America, and to make further provision for the govern- British \, t, 
 ment of the said Province" Provided that such day so to he fixed and declared for >!)..",'■' '.,,"!' i ,,. l i'.!'.". 
 
 the commencement of the said act within the said two Provinces respectively shall â m Cm,,, 
 
 not be later than the thirty-first day of December 1791 V. " 
 
 I hereby certify that the above are true copies of the original orders. 
 
 JAS. BULLER 
 Council Office, 17th February, 1S29. 
 
APPENDIX No. V. 
 
 ACTS OF THE GENERAL COURT 
 
 OF MASSACHUSETTS 
 
 AND OF THE CONGRESS OF THE UNITED STATES. 
 
 ItEEATlYE TO THF. EHECTION OF 
 
 THE DISTRICT OF MAINE INTO A SEPARATE AND INDEPENDENT STATE. 
 
 An Act in addition to an Act, entitled ",/2n Act relating to the separation of the 
 " District of Maine Jroni Massachusetts Proper, and forming the same into a 
 " separate and independent State." 
 
 Appendix. Sec. 1. Be it enacted by the Senate and House of Representatives, in General 
 No. 5. Court assembled, and by the authority of the same, That the consent of the Legisla- 
 A« of Massa- ture of this Commonwealth be, and the same is hereby given, that the District of 
 to "he erection of Maine may be formed and erected into a separate and independent State, upon the 
 dependent Swte" terms and conditions, and in conformity to the enactments contained in an act, 
 entitled '' an act relating to the separation of the District of Maine from Massachusetts 
 " Proper, and forming the same into a separate and independent State," whenever the 
 Congress of the United States shall gives its consent thereto, any thing in the said 
 act limiting the time when such consent should be given, to the contrary notwith- 
 standing : Provided, however, that if the Congress of the United States shall not have 
 given its consent, as aforesaid, before the fifteenth day of March next, then all parts 
 of the act, to which this is an addition, and all matters therein contained, which by 
 said act have date or operation from or relation to the fifteenth day of March next, 
 shall have date and operation from and relation to the day on which the Congress of 
 the United States shall give its consent, as aforesaid : Provided also, that if the Con- 
 gress of the United States shall not give its consent, as aforesaid, within two years 
 from the fourth day of March next, this present act shall be void and of no effect. 
 
 Sec. 2. Be it further enacted, That if it shall not be known on the first Monday of 
 April next, that the Congress of Ihe United States has given its consent, as aforesaid, 
 the people of the said District of Maine shall elect, provisionally, a Governor, Sena- 
 tors and Representatives, or other officers necessary to the organization of the govern- 
 ment thereof as a separate and independent State, according to the provisions of the 
 constitution of government agreed to by the people of the said District. And the per- 
 sons so elected shall assemble at the time and place designated by the said constitu- 
 
61 
 
 tion, if the consent of Congress, as aforesaid, shall be given during the present session ^appendix 
 thereof, but not otherwise; and when assembled, as aforesaid, and having first deter- 
 mined on the returns and qualifications of the persons elected, they shall have the Americnn Actsre 
 
 lativc to the ercc 
 nower as delegates of the people for that purpose, to declare on behalf and in the Hon oi Maine into 
 
 r O J _ hi Imli p. mi, ni 
 
 name of the people, the said elections of such persons to be constitutional and valid, for S'ate. ^ 
 the respective offices and stations for which they shall have been elected, as aforesaid. rlll ^,' n ''' „1'| , h ' 
 And if such declaration shall not be made before the persons so elected shall proceed ,liar ). t"- 8 
 to transact business as the Legislature of said State, lhe said election shall be wholly 
 void, unless it shall appear that the consent of Congress, aforesaid, shall have been 
 o-iven on or before the said first Monday of April next. Ami if the consent of Con- 
 gress, as aforesaid, shall be given after the said first Monday of April next, and the 
 persons so elected, when assembled, as aforesaid, shall not declare the said election 
 valid and constitutional, as aforesaid, within ten days from the last Wednesday of May 
 next, then they shall cease to have any power to act in any capacity for the people of 
 the said District, by virtue of their elections, as aforesaid ; and the people shall again 
 choose Delegates to meet in Convention, in the manner, for the purposes, and with the 
 powers set forth in the third and fourth sections of the act to which this is in addition; 
 the said elections of such Delegates to be made on the first Monday of July next, and 
 the Delegates to meet in Convention at Portland, on the first Monday of September 
 next. 
 
 [Approved by the Governor, February 25th, 1820.] 
 
 ANT ACT 
 
 FOR THE ADMISSION OK THE STATE OF MAINE INTO THE UNION. 
 
 Whereas, by an Act of the State of Massachusetts, passed on the nineteenth day Act of congress 
 
 • i ■• of 3d March, l>J" 
 
 ot June, in the year one thousa id eight hundred and nineteen, entitled '' An Act relat- 
 " ing to the separation of the District of Maine from Massachusetts Proper, and forming 
 "the same into a separate and independent State," the people of that part of Massachu- 
 setts, heretofore known as the District of Maine, did, with the consent of the Legisla- 
 ture of said State of Massachusetts, form themselves into an independent State, and did 
 establish a constitution for the government of the same, agreeably to the provisions of 
 said Act. Therefore, 
 
 Sec. 1. Be it enacted by the Senate and House of Representatives of the United 
 Slates of America, in Congress assembled, that from and after the fifteenth day of 
 March,, in the year one thousand eight hundred and twenty, the State of Maine is 
 hereby declared to be one of the United States of America, and admitted into the 
 Union on an equal footing with the original States, in all respects whatever. 
 
 [Approved, 3d March, 1820.] 
 
 APPENDIX, No. VI. 
 
 Extract from Guthrie's Geographical Grammar. See printed copy of the work, Ar- 
 
 No. 6. 
 
 tide '■ Scotland." Extract from Gmli 
 
 )£■* lie's Grammar. 
 
APPENDIX, No. VII. 
 
 EXTRACTS FROM TREATIES 
 
 BETWEEX 
 
 GREAT BRITAIN AND FOREIGN POWERS. 
 
 TENTH ARTICLE 
 
 OF THE TREATY OF PEACE BETWEEN ENGLAND AND FRANCE, CONCLUDED AT 
 
 BREDA, ji JULY, 1667. 
 
 Appendix. Ti-aité de Paix entre Louis XIV. Roi de France et Charles II. Roi d'Angleterre, 
 No. 7. Fait à Breda le fi Juillet, 1667. 
 
 Treaties between *********** 
 (.•real Britain and Artii-tf X 
 
 Foreign Powers AKIIOLI A- 
 
 10th ArT Treaty Le ci-devant nommé Seigneur le Roi de la Grande Bretagne, restituera aussi et 
 Breda, .iuiy 1667. rendra au ci-dessus nommé Seigneurie Roi Très-Chrestien, ou à ceux qui auront charge 
 et mandement de sa part, scellé en bonne forme du grand Sceau de France, le pays 
 appelle l'Acadie, situé dans l'Amérique Septentrionale, dont le Roi Très-Chrêtien a 
 autrefois joui. Et pour exécuter cette restitution, le susnommé Roi de la Grande Bre- 
 tagne, incontinent après la ratification de la présente alliance, fournira au susnommé 
 Roi Très-Chrêtien, tous les actes et mandemens expédiez duëment et en bonne forme, 
 nécessaire à cet effet, ou les fera fournir à ceux de ses ministres et officiers, qui seront 
 par lui déléguez. 
 
 SEVENTH ARTICLE 
 
 OF THE TREATY OF PEACE BETWEEN GREAT BRITAIN AND FRANCE, CONCLUDED 
 
 AT RYSWICK, 1» SEPTEMBER, 1697. 
 
 2 
 
 ;|; h ' ^T'^'y The articles of Peace between William the Third, King of Great Britain, and 
 Ryswick, 1897. Lewis the Fourteenth, King of France, concluded in the Royal Palace at Rys- 
 wick, the i§/A day of September, 1697. 
 
 * * * . * * * * * * * * -* * $ 
 
 Article VII. 
 The most Christian King shall restore to the said King of Great Britain, all 
 countries, islands, forts, and colonies, wheresoever situated, which the English did 
 possess before the declaration of this present war. And in like manner the King of 
 Great Britain shall restore to the most Christian King all countries, islands, forts, and 
 colonies, wheresoever situated, which the French did possess before the said declara- 
 tion of war; and this restitution shall be made, on both sides, within the space of six 
 months, or sooner if it can be done. And to that end, immediately after the ratifica- 
 tion of this treaty, each of the said Kings shall deliver, or cause to be delivered, to the 
 other, or to commissioners 'authorized in his name for that purpose, all acts of conces- 
 sion, instruments, and necessary orders, duly made and in proper form, so that they 
 may have their effect. 
 
63 
 
 .Ippnuh.i 
 So. 7. 
 TWELFTH AND THIRTEENTH ARTICLES 
 
 Treaties between 
 Great Britain and 
 
 OF THE TREATY OF PEACE AND FRIENDSHIP BETWEEN GREAT BRITAIN AND Fore| g n Fowcl 
 
 FRANCE, CONCLUDED AT UTRECHT, 3 ± ^li' IH3. Treat"?"" »,','!, A " 
 
 A '"' 1 Pranci . i trochl 
 
 1713. 
 
 The Treaty of Peace and Friendship between Anne, Queen of Great Britain, 
 France, and Ireland, and Lewis XIV., King of France, concluded at Utrecht, 
 the il day of 'igf 1713. 
 ************* 
 
 Article XII. 
 The most Christian King shall take care to have delivered to the Queen of 
 Great Britain, on the same day that the ratifications of this treaty shall be exchanged, 
 solemn and authentic letters or instruments, by virtue whereof it shall appear, that 
 the island of St. Christopher's is to be possessed alone hereafter by British subjects; 
 likewise all Nova Scotia or Acadie, with its ancient boundaries, as also the city of 
 Port Royal, now called Annapolis Royal, and all other things in those parts which 
 depend on the said lands and islands, together with the dominion, propriety, and 
 possession of the said islands, lands, and places, and all right whatsoever, by treaties, 
 or by any other way obtained, which the most Christian King, the Crown of France, 
 or any of the subjects thereof, have hitherto had to the said islands, lands, and places, 
 and the inhabitants of the same, are yielded and made over to the Queen of Great 
 Britain, and to her crown forever, as the most Christian King doth at present yield 
 and make over all the particulars abovesaid, and that in such ample manner and form, 
 that the subjects of the most Christian King shall hereafter be excluded from all kind 
 of fishing in the said seas, bays, and other places, on the coasts of Nova Scotia, that 
 is to say: on those which lie towards the east, within thirty leagues, beginning from 
 the island commonly called Sable, inclusively, and thence stretching along towards 
 the southwest. 
 
 Article XIII. 
 The island called Newfoundland, with the adjacent islands, shall, from this 
 time forward, belong of right wholly to Britain; and to that end, the town and for- 
 tress of Placentia, and whatever other places in the said island arc in the possession of 
 the French, shall be yielded and given up, within seven months from the exchange 
 of the ratifications of this treaty, or sooner if possible, by the most Christian King, 
 to those who have a commission from the Queen of Great Britain, for that purpose. 
 Nor shall the most Christian King, his heirs and successors, or any of their subjects, 
 at any time hereafter, lay claim to any right to the said island and islands, or to any 
 part of it, or them. Moreover, it shall not be lawful for the subjects of Frame to 
 fortify any place in the said island of Newfoundland, or to erect any buildings there, 
 besides stages made of boards, and huts necessary and usual for drying of fish; or to 
 resort to the said island, beyond the time necessary for fishing, and drying of fish. But 
 it shall be allowed to the subjects of France to catch fish, and to dry them on land, in 
 that part only, and in no other besides that, of the said island of Newfoundland, 
 which stretches from the place called Cape Bonavista to the northern point of the said 
 island, and from thence, running down by the western side, reaches as far as the place 
 called Point Riche. But the island called Cape Breton, as also all others, both in the 
 mouth of the river of St. Lawrence, and in the gulf of the same name, shall hereafter 
 belong of right to the French, and the most Christian King shall have all manner of 
 liberty to fortify any place or places there. 
 
appendix. 
 
 No. 7. 
 
 Treaties between 
 Great Uritain and 
 Foreign Powers. 
 
 4th, 5th, 7th, ami 
 
 64 
 
 rOXJHTH, riTTH. SEVENTH AND TWENTIETH ARTICLES 
 
 OF THE DEFINITIVE THEATY OF PEACE AND FRIENDSHIP BETWEEN GREAT BRITAIN, 
 
 20th Art. Treaty FR-VNCE AND SPAIN, CONCLUDED AT PARIS, TENTH FEBRUARY, 1763. 
 
 with Prance ami 
 Spain. lOtn Feb- 
 ruary 1T(JX 
 
 The Definitive Treaty of Peace and Friendship between His Britannic Majesty, 
 the most Christian King, and the King of Spain, concluded at Paris, the 
 10M day of February, 17C3. 
 
 *********** 
 
 Article IV. 
 
 His most Christian Majesty renounces all pretensions, which he has heretofore 
 formed, or might form, to Nova Scotia or Acadia, in all its parts, and guaranties the 
 whole of it, and with all its dependencies, to the King of Great Britain: moreover, his 
 most Christian Majesty cedes and guaranties to his said Britannic Majesty, in full right, 
 Canada, with all its dependencies, as well as the Island of Cape Breton, antl all the 
 other islands and coasts in the gulph and river St. Lawrence, and, in general, every 
 thing that depends on the said countries, lands, islands, and coasts, with the sovereign- 
 ty, property, possession, and all rights, acquired by treaty or otherwise, which the 
 most Christian King, and the crown of France, have had till now over the said coun- 
 tries, islands, lands, places, coasts, and their inhabitants, so that the most Christian 
 King cedes and makes over the whole to the said King, and to the crown of Great Bri- 
 tain, and that in the most ample manner and form, without restriction, and without 
 any liberty to depart from the said cession and guaranty, under any pretence, or to 
 disturb Great Britain in the possessions above-mentioned. His Britannic Majesty, 
 on his side, agrees to grant the liberty of the Catholic religion to the inhabitants of 
 Canada: he will consequently give the most precise and most effectual orders, that his 
 new Roman Catholic subjects may profess the worship of their religion according to 
 the rites of the Romish church, as far as the laws of Great Britain permit. His Britannic 
 Majesty further agrees, that the French inhabitants, or others who had been subjects 
 of the most Christian King in Canada, may retire, with all safety and freedom, 
 wherever they shall think proper, and may sell their estates, provided it be to sub- 
 jects of his Britannic Majesty, and bring away their effects, as well as their persons, 
 without being restrained in their emigration, under any pretence whatsoever, except 
 that of debts, or of criminal prosecutions: the term limited for this emigration shall 
 be fixed to the space of eighteen months, to be computed from the day of the exchange 
 of the ratifications of the present treaty. 
 
 Article V. 
 The subjects of France shall have the liberty of fishing and drying, on a part of 
 the coasts of the Island of Newfoundland, such as it is specified in the Xlllth article 
 of the treaty of Utrecht; which article is renewed and confirmed by the present trea- 
 ty (except what relates to the island of Cape Breton, as well as to the other islands and 
 coasts in the mouth and in the gulph of St. Lawrence:) and his Britannic Majesty con- 
 sents to leave to the subjects of the most Christian King the liberty of fishing in the 
 gulph St. Lawrence, on condition that the subjects of France do not exercise the said 
 fishery but at the distance of three leagues from all the coasts belonging to Great Bri- 
 tain, as well those of the continent, as those of the islands situated in the said gulph 
 St. Lawrence. And as to what relates to the fishery on the coasts of the island of 
 
65 
 
 Cape Breton out of the said gulph, the subjects of the most Christian King shall not ,/pprnr/i.r. 
 be permitted to exercise the said fishery butat the distanceof fifteen leagues from the lN( ' 7 - 
 
 coasts of the island of Cape Breton; and the fishery on the coasts of Nova Scotia or T re «ûô7bM« 
 
 Acadia, and every where else out of the said gulph, shall remain on the foot of former Fo! 
 
 treaties. , lh 5(h 7tl1| , inil 
 
 ****** . * '-'" " Art. ii 
 
 * wlih Prn u and 
 
 i „„ _ -iTjT Spain lOlti F( b] 
 
 Article V JI. 
 In order to re-establish peace on solid and durable foundations, and to remove 
 for ever all subjects of dispute with regard to the limits of the British and French ter- 
 ritories on the continent of America; it is agreed that, for the future, the confines be- 
 tween the dominions of his Britannic Majesty, and those of his most Christian Majes- 
 ty in that part of the world, shall be fixed irrevocably by a line drawn along the mid- 
 dle of the river Mississippi, from its source to the river Iberville, and from thence by 
 a line drawn along the middle of this river, and the lakes Maurcpas and Pontchartrain 
 to the sea; and for this purpose, the most Christian King cedes in full right, and guar- 
 anties to his Britannic Majesty, the river and port of the Mobile, and every thing which 
 he possesses, or ought to possess, on the left side of the river Mississippi, except the 
 town of New Orleans, and the island in which it is situated, which shall remain to 
 France; provided that the navigation of the river Mississippi shall be equally free, as 
 well to the subjects of Great Britain as to those of France, in its whole breadth and 
 length, from its source to the sea, and expressly that part which is between the said 
 island of New Orleans and the right bank of that river, as well as the passage both in 
 and out of its mouth. It is further stipulated, that the vessels belonging to the sub- 
 jects of either nation shall not be stopped, visited, or subjected to the payment of any 
 duty whatsoever. The stipulations, inserted in the I Vth article, in favor of the in- 
 habitants of Canada, shall also take place with regard to the inhabitants of the coun- 
 tries ceded by this article. 
 
 * * * * * * ., * y 
 
 Article XX. 
 In consequence of the restitution stipulated in the preceding article, His Ca- 
 tholic Majesty cedes and guaranties, in full right, to His Britannic Majesty, Flori- 
 da, with Fort St. Augustine and the Bay of Pensacola, as well as all that Spain pos- 
 sesses on the continent of North America, to the east or to the south-east of the river 
 Mississippi; and, in general, every thing that depends on the said countries and lands, 
 with the sovereignty, property, possession, and all rights, acquired by treaties or 
 otherwise, which the Catholic King and the Crown of Spain have had till now over 
 the said countries, lands, places, and their inhabitants: so that the Catholic King 
 cedes and makes over the whole to the said King, and to the Crown of Great Britain, 
 and that in the most ample manner and form. His Britannic Majesty agrees, on his 
 side, to grant to the inhabitants of the countries above ceded, the liberty of the Catho* 
 lie religion: he will consequently give the most express and the most effectual orders, 
 that his new Roman Catholic subjects may profess the worship of their religion, 
 according to the rights of the Romish Church, as far as the laws of Great Britain per- 
 mit. His Britannic Majesty further agrees, that the Spanish inhabitants, or others, 
 who had been subjects of the Catholic King, in the said countries, may retire, 
 with all safety and freedom, wherever they think proper, and may sell their estates, 
 provided it be to his Britannic Majesty's subjects, and bring away their effects 
 as well as their persons, without being restrained in their emigration, under any pre- 
 tence whatsoever, except that of debts, or of criminal prosecutions; the term limited 
 for this emigration being fixed to the space of eighteen months, to be computed from 
 the day of the exchange of the ratifications of the present treaty. It is moreover 
 stipulated, that his Catholic Majesty shall have power to cause all the effects that may 
 
 belong to him, to be brought away, whether it be artillery or other things. 
 
 17 s 
 
66 
 
 Appendix. 
 
 No. 7. FOURTH, FIFTH AND SIXTH ARTICLES 
 
 Treaties between 
 
 Great Britetn a.„l QF T , ]E DEFINITIVE TREATY OF PEACE AND FRIENDSHIP BETWEEN GREAT BRITAIN 
 
 Foreign Poweis. 
 
 4th, 5ti77nd nth AND FRANCE, CONCLUDED AT VERSAILLES, THIRD SEPTEMBER, 1783; 
 
 Art. Treaty with 
 
 France. Versailles, AND 
 
 3d September, 
 
 (7-:t 
 
 Extracts from the Declaration and Counter-Declaration, signed on the same day 
 
 and annexed to said Treaty. 
 
 The definitive Treaty of Peace and Friendship between his Britannic Majesty 
 and the ?nost Christian King, signed at Versailles, the 3d of September, 1783; 
 and extracts from the Declaration and Counter.-Declaration, signed on the 
 same day, and annexed to said Treaty. 
 
 Article IV. 
 
 His Majesty the King of Great Britain is maintained in his right to the island 
 
 of Newfoundland, and to the adjacent islands, as the whole were assured to him by 
 
 the thirteenth article of the treaty of Utrecht; excepting the islands of St. Pierre and 
 
 Miquelon, which are ceded in full right, by the present treaty, to his most Christian 
 
 Majesty. 
 
 Article V. 
 
 His Majesty the most Christian King, in order to prevent the quarrels which 
 have hitherto arisen between the two nations of England and France, consents to re- 
 nounce the right of fishing, which belongs to him in virtue of the aforesaid article of 
 the treaty of Utrecht, from Cape Bonavista to Cape St. John, situated on the eastern 
 coast of Newfoundland, in fifty degrees north latitude; and his Majesty the King of 
 Great Britain consents, on his part, that the fishery assigned to the subjects of his 
 most Christian Majesty, beginning at the said Cape St. John, passing to the north, 
 and descending by the western coast of the island of Newfoundland, shall extend to 
 the place called Cape Raye, situated in forty-seven degrees fifty minutes latitude. The 
 French fishermen shall enjoy the fishery which is assigned to them by the present 
 article, as they had the right to enjoy that which was assigned to them by the treaty 
 of Utrecht. 
 
 Article VI. 
 
 With regard to the fishery in the gulf of St. Lawrence, the French shall con- 
 linue to exercise it conformably to the fifth article of the treaty of Paris. 
 
 DECLARATION. 
 
 "The King having entirely agreed with His most Christian Majesty, upon the arti- 
 cles of the definitive treaty, will seek every means which shall not only insure the 
 execution thereof, with his accustomed good faith and punctuality, but will besides 
 give, on his part, all possible efficacy to the principles which shall prevent even the 
 least foundation of dispute for the future. 
 
 "To this end, and in order that the fishermen of the two nations may not give cause 
 for daily quarrels, His Britannic Majesty will take the most positive measures for 
 preventing his subjects from interrupting, in any manner, by their competition, the. 
 fishery of the French, during the temporary exercise of it which is granted to them 
 
67 
 
 upon the coasts of the island of Newfoundland; and lie will, for this purpose, cause lâppem 
 the fixed settlements which shall be formed there to be removed. His Britannic No ' ~ - 
 Majesty will give orders that the French fishermen he not incommoded, in cutting t,™,,. i, 
 the wood necessary for the repair of their scaffolds, huts, and fishing-vessels. Fireigniw '" 
 
 " The thirteenth article of the treaty of Utrecht, and the method of carrying on the in. siii ., tch 
 
 fishery, which has at all times been acknowledged, shall be the plan upon which the France.™" 
 fishery shall be carried on there: it shall not be deviated from by either party ; the 1 " '• 
 French fishermen building only their scaffolds, confining themselves to the repair of 
 their- fishing vessels, and not wintering there; the subjects of His Britannic Majesty, 
 on their part, not molesting in any manner the French fishermen, during their lull- 
 ing, nor injuring their scaffolds during their absence. 
 
 "The King of Great Britain, in ceding the islands of St. Pierre and Miquelon to 
 
 France, regards them as ceded for the purpose of serving as a real shelter to the 
 
 French fishermen, and in full confidence that these possessions will not become an 
 
 object of jealousy between the two nations; and that the fishery between the said 
 
 islands and that of Newfoundland shall be limited to the middle of the channel." 
 
 " In witness whereof, we, His Britannic Majesty's Ambassador Extraordinary 
 
 and Minister Plenipotentiary, being thereto duly authorized, have signed the 
 
 present declaration, and caused the seal of our arms to be set thereto. 
 
 lt Given at Versailles, the third of September, one thousand seven hundred 
 and eighty-three. 
 
 [L.S.] "MANCHESTER." 
 
 COUNTER-DECLARATION. 
 
 "The principles which have guided the King, in the whole course of the negotia- 
 tions which preceded the re-establishment of peace, must have convinced the King of 
 Great Britain that his Majesty has had no other design than to render it solid and 
 lasting, by preventing, as much as possible, in the four quarters of the world, every 
 subject of discussion and quarrel. The King of Great Britain undoubtedly places too 
 much confidence in the uprightness of his Majesty's intentions, not to rely upon his 
 constant attention to prevent the islands of St. Pierre and Miquelon from becoming 
 an object of jealousy between the two nations. 
 
 " As to the fishery on the coasts of Newfoundland, which has been the object of 
 the new arrangements settled by the two Sovereigns upon this matter, it is sufficiently 
 ascertained by the fifth article of the treaty of peace signed this day, and by the de- 
 claration likewise delivered to day, by His Britannic Majesty's Ambassador Extraor- 
 dinary and Plenipotentiary; and His Majesty declares that he is fully satisfied on this 
 head. 
 
 " In regard to the fishery between the island of Newfoundland, and those of St. 
 Pierre and Miquelon, it is not to be carried on by either party, but to the middle of 
 the channel; and His Majesty will give the most positive orders that the French 
 fishermen shall not go beyond this line. His Majesty is firmly persuaded that the 
 King of Great Britain will give like orders to the English fishermen." 
 
 " In witness whereof, we, the under-written Minister Plenipotentiary of His 
 most Christian Majesty, being thereto duly authorized, have signed the pre- 
 sent counter-declaration, and have caused the seal of our arms to be affixed 
 hereto. 
 " Given at Versailles, the third of September, one thousand seven hundred 
 and eighty-three. 
 
 [l. s.j " GRAVIER DE VERGENNES." 
 
68 
 
 appendix. 
 
 rtTTH ARTICLE 
 
 Treaties between 
 «ireal Britain anil 
 Foreisn Powers. 
 
 OF THE DEFINITIVE TREATY OF PEACE AND FRIENDSHIP BETWEEN GREAT BRITAIN" 
 
 «",'tif ",,ah" Ter- AND SPAIN, SIGNED AT VERSAILLES, THIRD SEPTEMBER, 1783. 
 
 sailles, :W Septem- 
 ber, 1783. 
 
 The Definitive Treaty of Peace and Friendship between his Britannic Majesty 
 and the King of Spain — Signed at Versailles, the 3d of September, 17S3. 
 *-**•* * ***** 
 
 Article V. 
 His Britannic Majesty likewise cedes and guaranties, in full right, to his 
 Catholic Majesty, East Florida, as also West Florida. His Catholic Majesty 
 agrees that the British inhabitants, or others loho may have been subjects of the 
 King of Great Britain in the said countries, may retire in full security and lib- 
 erty, where they shall think proper, and may sell their estates, and remove their 
 effects, as well as their persons, without being restrained in their emigration, un- 
 der any pretence whatsoever, except on account of debts, or criminal prosecutions; 
 the term limited for this emigration being fixed to the space of eighteen months, 
 to be computed from the day of the exchange of the ratifications of the present 
 treaty: but if, from the value of the possessions of the English proprietors, they 
 should not be able to dispose of them within the said term, then. His Catholic Ma- 
 jesty shall grant them a prolongation proportioned to that end. It is further 
 stipulated, that His Britannic Majesty shall have the power of removing from 
 East Florida all the effects which may belong to him, whether artillery, or other 
 matters. 
 
 APPENDIX, No. VIII. 
 
 No. 8. Secret Journals of the Acts and Proceedings of Congress, from the first meeting 
 
 ..reM^aisoi " iereo1 '' lo tlle cl issolut ' 011 of tllc Confederation, by the adoption of the Constitution 
 
 of the United States. Published under the direction of the President of the United 
 
 States, conformably to the Resolution of Congress of 27th March, ISIS, and 21st 
 
 April, 1820. 
 
 Sec printed copy of the work, Wait's Boston Edition, 1S21. 
 
APPENDIX, No. IX. 
 
 EXTRACTS 
 
 FRANKLINS PRINTED PRIVATE CORRESPONDENCE. 
 
 Extract of a letter from Dr. Franklin, one of the negotiators of the preliminary appendix, 
 treaty of 1782, between Great Britain and the United Slates, to the Hon. 
 Robert K. Livingston, dated Pussy, \4th October, 1782. Transcribed from a Extracts from Dr. 
 workentitled " The Private Correspondence of Benjamin Franklin." correspondence. 
 
 " We have now made several preliminary propositions, which the English Minis- 
 ter, Mr. Oswald, lias approved, and sent to his Court. He thinks they will be ap- 
 proved there, but I have some doubts. In a few days, however, the answer expected 
 will determine. By the first of these articles, the King of Great Britain renounces 
 for himself and successors, all claim and pretension to dominion or territory within 
 the thirteen United States: and the boundaries are described as in our instructions; 
 except that the line between Nova Scotia and New England is to be settled by Com- 
 missioners after the peace." 
 
 Extract of a letter from Dr. Franklin to the Hon. 11. 12. Livingston, dated Passy, 
 
 51 h December, 17S2. 
 
 "You desire to be very particularly acquainted with 'every step which tends to a 
 negotiation.' [ am, therefore, encouraged to send you the first part of the Journal, 
 which accidents and a long severe illness interrupted: but which, from notes I have 
 by me, may be continued if thought proper. In its present state it is hardly fit for 
 the inspection of Congress — certainly not for public view. I confide it, therefore, to 
 your prudence. 
 
 "The arrival of Mr. Jay, Mr. Adams, and Mr. Laurens, relieved me from much 
 anxiety, which must have continued, if I had been left to finish the treaty alone; and 
 it has given me the more satisfaction, as I am sure the business has profited by their 
 assistance. 
 
 " Much of the summer had been taken up in objecting against the powers given to 
 Great Britain, and in removing those objections; in using any expressions that might 
 imply an acknowledgment of our independence, seemed, at first, industriously to be 
 avowed. But our refusing otherwise to treat, at length induced them to get over that 
 difficulty; and then we came to the point of making propositions. Those made by 
 1.8* 
 
70 
 
 . /; ncndiz. Mr. Jay une! me, before the arrival of the other gentlemen, you will find in the enclos- 
 No 9. Cl ] p a „ er Xo. !, which was sent by ihe British Plenipotentiary lo London, for the 
 rv ~,~„, Dr. King's consideration. After some weeks, an Under Secretary, Mr. Strachey, arrived, 
 1 ' ." ..;„X'.,'cc'.'" with whom we had much contestation about Ihe boundaries, and other articles which 
 he proposed. We settled some, which he carried to London, and returned with the 
 propositions, some adopted, others omitted or altered, and new ones added; which 
 you will see in Paper No. 2. We- spent many days in discussing and disputing; and, 
 at length, agreed on and signed the preliminaries, which you will receive by this con- 
 veyance. 
 
 Paper No. \ , above rej erred to. 
 
 Articles agreed upon by and between Richard Oswald, Esq. the Commissioner of His 
 Britannic' Majesty for treating of peace with the Commissioners of the United States 
 of America, on the behalf of his said Majesty, on the one part, and Benjamin Fr ink- 
 lin and John Jay, two of the Commissioners of the said States for treating of peace 
 with the Commissioner of his said Majesty, on their behalf, on the other part. 
 Whereas, reciprocal •advantages aricVmutuàl convenience are found, by experience, 
 ..to -form the only permanent foundation of peace and friendship between States, it is 
 • agreed \o- frame the articles of the proposed treaty on s"eh principles of liberal equali- 
 ty and reciprocity, as that partial advantages (those seeds of discord.) being excluded, 
 such a beneficial and satisfactory intercourse between the two countries maybe es- 
 tablished, as to promise and secure to both the blessings of perpetual peace and har- 
 mon}'. 
 
 1st. His Britannic' Majesty acknowledges the said United States, viz: New Hamp- 
 shire, Massachusetts Bay, Rhode Island a:id Providence Plantations, Connecticut, 
 New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Caroli- 
 na, South Carolina, and Georgia, to he free, sovereign, and independent States: That 
 he treats with them as such; and for himself, his heirs and successors, relinquishes all 
 claims to the government, proprietary, and territorial rights of the same, and every part 
 thereof; and that all disputes which might arise, in future, on the subject of the boun- 
 daries of the said United States, may be prevented, it it is hereby agreed and declared, 
 that the following are, and shall remain to be, their boundaries, viz: 
 
 The said States are bounded, North, by a line to be drawn from the nori h-ivest an- 
 gle of Nova Scotia, a lung the high lands which divide those rivers which empty 
 themselves into the River St Lawrence from, those which fall into the Jltlantic 
 Ocean, to the northernmost head of Connecticut River; thence, down along the 
 middle of that river to the 45th degree of north latitude, and thence due west, in the 
 latitude, forty-five degrees north from the equator, to the north-westernmost side of 
 the KiverSt. Lawrence, orCadnraqui; thence straight to the south end of the Lake 
 Nipissing, and thence straight to the source of the River Mississippi: West, by a 
 line to be drawn along the middle of the River Mississippi, from its source to where 
 the said line shall intersect the thirty-first degree of north latitude: South, by a line 
 to be drawn due east from the termination of the line last mentioned, in the latitude 
 of thirty one dr-grees north of the equator, to the middle of the River Apalachicola, or 
 Catahouchi; thence along the middle thereof, to its junction with the Flint River; 
 thence, straight to the head of St. Mary's River; thence, down along the middle of 
 St Mary's River to the Atlantic Ocean: and East, by a line to be drawn along the 
 middle of St. John's River, from its source to its mouth in the Bay of Fundy, 
 
71 
 
 .ooTOprehending-allislands-within twenty leagues of. a»yr port of the shores of the Unit- appendix. 
 ed States,. and lying between lines to be drawn due east from the points where the N "- 9 - 
 aforesaid boundaries/ between Nova Scotia on the one part, and East Florida on the EiuaetiAanBr. 
 •other, shall, respectively, touch the Bay. of Fundy and the Atlantic Ocean. CuuiJJw^ace! 1 * 
 
 . » 
 
 ■ * 
 
 « » 
 
 Paris, 8th October, 1782. A true copy of which has been agreed on between the 
 American Commissioners and me, to be submitted to his Majesty's consideration. 
 
 [Signed] RICHARD OSWALD. 
 
 Alteration to be made in the treaty respecting the boundaries of Nova Scotia, viz: 
 East— The true line between ivhich and the United States shall be settled by 
 Commissioners, as soon as conveniently may be after the war. 
 
 Passy, December 14, 178a. 
 To the Hon. R. R. Livingston, Esq. 
 
 Secretary for Foreign Affairs. 
 Sir: We have the honor to congratulate Congress on the signature of the prelimina- 
 ries of a peace between the Crown of Great Britain and the United States of Ameri- 
 
72 
 
 Appendix, ca, to be inserted in a definitive treaty, so soon as the terms between the Crowns of 
 No. y France and Great Britain shall be agreed on. A copy of the articles is here enclosed; 
 
 IT ,. and we cannot but flatter ourselves that they will appear to Congress, as they do to all 
 
 of us, to be consistent with the honor and interest of the United States; and we are 
 persuaded Congress would he more fully of that opinion, if they were apprized of all 
 the circumstances and reasons which have influenced the negotiation. Although it is 
 impossible for us to go into that detail, we think it necessary, nevertheless, to make a 
 few remarks on sucii of the articles as appear most to require elucidation. 
 
 Remarks on article II. relative to the Boundaries. 
 
 The Court of Great Britain insisted on retaining all the territories comprehended 
 within the Province of Quebec, by t/ie act of Parliament respecting it. They con- 
 tended that Nova Scotia should extend to the River Kennebec; and they claimed not 
 only all the lands in the western country, and on the Mississippi, which were not ex- 
 pressly included in our charters and governments, but, also, all such lands within them 
 as remained ungranted by the King of Great Britain. It would be endless to enume- 
 rate all the discussions and arguments on the subject. We knew this Court and Spain 
 to be against our claims to the western country; and having no reason to think that 
 lines more favorable could ever have been obtained, we finally agreed to those describ- 
 ed in this article. Indeed, they appear to leave us little to complain of, and not 
 much to desire. Congress will observe that, although our northern line is in a certain 
 part below the latitude of forty -five, yet, in others it extends above it, divides the Lake 
 Superior, and gives us access to its western and southern waters, from which a line in 
 that latitude would have excluded us. 
 
 Remarks on article IV. respecting Creditors. 
 
 We had been informed that some of the States had confiscated British debts; but 
 although each State has a right to hind its own citizens, yet, in our opinion, it apper- 
 tains solely to Congress, in whom exclusively are vested the right of making war and 
 peace, to pass acts against the subjects of a power with which the Confederacy may be 
 at war It therefore only remains for us to consider whether this article is founded in 
 justice and good policy. 
 
 In our opinion no acts of Government could dissolve the obligations of good faith, 
 resulting from lawful contracts between individuals of the two countries prior to the 
 war. We knew that some of the British creditors were making common cause with the 
 refugees, and other adversaries of our independence; besides, sacrificing private jus- 
 tice to reasons of State and political convenience is always an odious measure; and the 
 purity of our reputation, in this respect, in all foreign commercial countries, is of infi- 
 nitely more importance to us than the sums in question. It may also be remarked, that 
 American and British creditors are placed on an equal footing. 
 
 Remarks on .articles V. and VI. respecting Refugees. 
 These articles were among the first discussed, and the last agreed to. And had not 
 the conclusion of their business, at the time of its date, been particularly important to 
 lb- Bnt.sh Administration, the respect which, both in London and Versailles, is sup- 
 posed to be due to the honor, dignity, and interests of royalty, would probably have 
 forever prevented our bringing this article so near to the views of Congress, and the 
 
73 
 
 sovereign rights of States, as it now stands. When it is considered that it was utterly . îppendix. 
 impossible to render this article perfectly consistent both with American and British No ' 9 
 ideas of honor, we presume that the middle line adopted by this article, is as little Extracts from 
 unfavorable to the former, as any that could in reason be expected. varà'conèèpoiui 
 
 As to the separate article, we beg leave to observe, that it was our policy to render 
 the navigation of the River Mississippi so important to Britain as that their views 
 might correspond with ours on that subject. Their possessing the country on the 
 river, north of the line from the Lake of the Woods, affords a foundation for their 
 claiming such navigation. And as the importance of West Florida to Britain was. 
 for the same reason, rather to be strengthened than otherwise, we think it advisable 
 to allow them the extent contained in the separate article; especially as, before the 
 war, it had been annexed by Britain to West Florida, and would operate as an addi- 
 tional inducement to their joining with us in agreeing that the navigation of the river 
 should forever remain open to both. The map used in the course of our negotiations 
 was Mitchell's. 
 
 As we had reason to imagine that the articles respecting the boundaries, the refu- 
 gees, and fisheries, did not correspond with the policy of this Court, we did not 
 communicate the preliminaries to the Minister, until after they were signed; and not 
 even then the separate article. We hope that these considerations will excuse our 
 having so far deviated from the spirit of our instructions. The Count de Vergennes, 
 on perusing the articles, appeared surprised, but not displeased, at their being so fa- 
 vorable to us. 
 
 We beg leave to add our advice, that copies be sent us of the accounts directed to 
 be taken by the different States, of the unnecessary devastations and sufferings sus- 
 tained by them from the enemy in the course of the war. Should they arrive before 
 the signature of the definitive treaty, they might possibly answer very good purposes. 
 
 Wc have the honor to be, Sir, with great respect, your most obedient and most 
 bumble servants, 
 
 [Signed] JOHN ADAMS, 
 
 B. FRANKLIN, 
 JOHN JAY, 
 HENRY LAURENS. 
 
 ]'r 
 
APPENDIX, No. X. 
 
 GRANT OF NOVA SCOTIA 
 
 TO SIR WILLIAM ALEXANDER. 
 
 DATED TENTH SEPTEMBER, 1621. 
 
 [Ex Registre) Magni Sigilli, Lib. L, No. 36.] 
 
 Carta Domini Willehni Jilexandri Equitis Dominii et Baronix Novx Scotiœ in 
 
 America.— {10 Sept. 1621.) 
 Appendix. 
 No. 10. 
 Jacobus Dei gratia Magnae Britannia? Francias et Hibernian Rex fideique Defensor 
 
 scoaïtoMrwïi- Omnibus Probis hominibus Totius terrae suas Clericis et Laicis Salutem Sciatis Nos 
 lumsept'.™^"' semper ad quamlibet que ad decus et emolumentum regni nostri Scotie spectaret occa- 
 sionem amplectandum fuisse intentos nullamque aut faciliorem aut magis innoxiam 
 acquisitionem censere quam que in exteris et incultis regnis eubi vitas et victui suppe- 
 tunt commoda nobis deducendis coloniis facta sit presertim si vel ipsa regna cultoribus 
 prius vacua, vel ab infit'elibus quos ad Christianam converti fidem ad Dei gloriam in- 
 terest plurimum insessa fuerunt, Sed cum et alia nonulla regna et hec non ita pridem 
 nostra Anglia laudabiliter sua nomina nobis terris acquisitis et a sc subactis indiderunt 
 quam numerosa et frequens divino beneficio base gens bac tempestatc sit nobiscum re- 
 putantes quamquc bonesto aliquo et utili cultu earn studiose exerceri, ne in détériora 
 ex ignavia et otio prolabatur expédiât plerosque in novam deducendos regioncm quam 
 coloniis compleant opera? pretium duximus qui et animi promptitudine et alacritate 
 eorporumque robore et viribus quibuscunque diffieultatibus si qui alii mortalium uspi- 
 am se audeant opponere Hunc conatum huic regno maxime idoneum inde arbitramur 
 quod virorum tantummodo et mulierum jumentorum et frumenti non etiam pecunia 
 transportationem postulat neque incommodum ex ipsius regni mercibus retributionem 
 hoc tompore cum negoiatio adeo immunita sic posset reponere Iiisce de causis sicuti 
 et propter bonum fidèle et gralum dilecti nostri consiliarii Domini Willelmi Alexandri 
 Equitis servitium nobis prestitum et prestandum qui propriis impensis ex nostratibus 
 primus externam banc coloniam ducendam conatus sit divcrsasque terras infra désig- 
 nais limitibus circumscriptas incolendas expetivcrit. Nos Igitur ex Regali nostra ad 
 Cbristianam religionem propagandam at ad opulentiam prosperitatcm pacemque natu- 
 ralium nostrorum subditorum dicti regni nostri Scotie acquirendam cura sicuti alii 
 Principes extranei in talibus casibus hactenus fecerunt cum avisamento et consensu pre- 
 dilccti nostri consanguinei ct consi liarii .loannis Comitis de Mar Domini Erskin et 
 Gareoch summi nostri Thesaurarii computorum rotulatoris collectoris ac Thcsaurarii 
 novarum nostrarum augmentationam bujus regni nostri Scotie ac reliquorum Domino- 
 rum nostrorum Commissionariorum ejusdem regni nostri Dedimus Concessimus et 
 Disposuimus tenoreque presentis Carte nostre Damus Concedimuset Disponimus pre- 
 fato Domino Wilielmo Alexandro hercdibus suis vel assignatis quibuscunque beredi- 
 tarie Omnes et singulas terras continentis ac insnlas siluatas et jacentes in 
 
75 
 
 America Intra caput seu promontorium communiter Cap de Sable uppcllat. Jlppemlu 
 Juccn. prope latitudinem quadraginta trium graduum aut to circa ab equinoc- No - 10 - 
 tionali tinea versus septentrioncm a quo promo ntorio versus lit his maris tenden. Gram of Nova 
 ad occidentem ad Stationem Sanctse Marise n vium vulgo Sanctmareis bay Etu^n^Mel 
 deinceps versus septentrionem per directam lineam iniroitum sive ostium magnse 
 illius stationis navium trajicien. que excurrii in terre orientate?» plagarn inter 
 regioncs Suriquorum et Eteche minorum vulgo Suriquois et Etechemines ad flu- 
 viurn vutgo nomine Sancte Cruris appcllat. Et ad scaturiginem remotissimam 
 sivefontem ex occidentali parte ejusdem qui se primum predicto fiuvio immiscel 
 undeper imaginariam directam lineam que pergere per terra m sen currcre versui 
 septentrionem concipietur ad proximam navium stationem Jl avium vet scaturigi- 
 nem in magno Jhtvio de Cannada se se exonéra n tern Et ab eo pergendo versus 
 orient em per maris oris littorales ejusdem fluvii de Canada ad fluvium stationem 
 navium portum aut littus communiter nomine de Galhepe vel Gaspie no/um et 
 appellation Et deinceps verus Euronotum ad insulas Baculaos vel Cap Britton 
 vocat. Rclinquendo easdem insulas a dexlra et voraginem dicti magni fluvii de 
 Canada sive magne stationis navium Et terras de Newfundland cum insu/is ad 
 easdem terras pertinentibus a sinistra Et deinceps ad Caput sive promontorium 
 de Cap Britton predict. Jacen. prope latitudinem quadraginta quinqua graduuiu 
 aut eo circa Et a dicto promontorio de Cap Britton versus meridiem el occidentem 
 ad predict. Cap Sable ubi incepit perambulatio includen. et comprehenden. intra 
 dictas maris oras littorales ac carum circnmferentias a mari ad mare Omnes ter- 
 ras continent is cum flutninibus torrentibus sinibus litloribus insulis aut maribus 
 Jacen. prope aut infra sex leucas ad aliquam earundem partem ex occidentali 
 boreali vel orientali partibus orarnm littoralium et prccinctuum earundem Et 
 ab Euronoto (ubi jacet Cap Britton) et ex australi parle ejusdem (ubi est Cap de 
 Sable) Omnia maria ac insulas versus meridiem intra quadraginta leucas dic/a- 
 ru?7i orarum littoralium earundem magnam insulam vulgariter appellat. Yle de 
 Sable vel Sablon includen. Jacen. versus Carban. vulgo South south eist circa triginta 
 leucas a dicto Cap Britton in mari Et existen. in latitudine quadraginta quatuor gra- 
 duum aut eo circa Quequidem terre predicte omni tempore affuturo nomine Nove Sco- 
 tie in America gaudebunt Quas etiam prefatus Dominus Willehnus in partes et portio- 
 nessicutei visum fuerit diyidet, iisdemque nomina pro bene placito imponet, Unacum 
 omnibus fodinis tam regalibus auri et argenti quam aliis foclinis ferri plumbi cupri 
 stanni aeris ac aliis mineralibus quibuscunque Cum potestate effodiendi et de terra eflb- 
 dere causandi purificandi et repurgandi easdem et convertendi ac utendi suo proprio 
 usui aut aliis usibus quibuscunque sicuti dicto Domino Willelmo Alexander heredibus 
 suis vel assignatis aut iis qui suo loco in dictis terris stabiliri ipsum contigerit visum 
 fuerit Reservando solummodo nobis et successoribus noslris decimam partem metalli 
 vulgo oore auri et argenti quod ex terra in posterum efibdietur aut lucrabitur Relin- 
 quendo dicto Domino Willelmo suisque predict, quodeunque ex aliis metallis cupri 
 chalibis ferri stanni plumbi aut aliorum mineralium nos vel successores nostri quovis- 
 modo exigere possumus ut eo facilius magnos sumptus in extrahendis prefatis metallis 
 tollerare possit Unacum margaritis vulgo Pearlc ac lapidibus preciosis quibuscunque 
 aliis lapicidinis silvis virgultis mossis marresiis lacubus aquis piscationibus tarn in aqua 
 salsa quam recenti tam regalium piscium quam aliorum venatione aucupatione com- 
 moditatibus et hereditamentis quibuscunque unacum plenaria potestate privilegio et 
 Jurisdictione libère regalitatis capelle et Cancellarie imperpetuum Clinique donatione 
 et patronatus jure ecclesiarum Capellaniarum et beneficiorum cum tenentibus tenan- 
 driis et libère tenentium servitiis earundem Unacum Officiis Justiciare et Admirali- 
 tatis respective infra omnes bondas respective supramentionatas Una etiam cum potes^ 
 tate civitates liberos burgos libcros portus villas et burgos baronie crigendi acfora 
 et nundinas infra bondas dictarum terraium Constituendi Curias Justiciarie et tiduii- 
 
.'lppendir. ralitatis infra limites dictarum terrarum fluviorum portuum ct murium tenendj 
 
 No. 10. |j na e jj am cum potcstatc imponendi Ievandi et recipiendi Omnia tolonia Custumas 
 
 Oram of Nova anchoragia aliasque diclorum burgorum fororum nundinarum ct liberorum portuum 
 
 îiaïn a Alexander] devorias et eisdem possidendi et gaudendi adco libère in omnibus respectibus sicuti 
 
 10th Sept. 1621. ... . • • l , t! »• i 
 
 quivis baro major aut minor in hoe regno nostra bcotic gavisus est aut gaudere 
 poteritquovis tempore preterito vel futuro Cum Omnibus aliis prerogativis privilcgiis 
 Immunitatibus dignitatibus casualitatibus proficuis et devoriis ad dictas terras maria 
 et bondas carundem spectan. et pertinen. Et que nos ipsi dare vel concedere possu- 
 mus adeo libera et ampla forma sicuti Nos aut aliquis nostrorum nobilium progenitorum 
 aliquas cartas patentes litcras infeofamenta donationes aut diplomata concesserunt 
 cuivis subdito nostra cujuscunquc quaiitatis aut gradus cuivis societati aut communi- 
 tati tales colonias in quascunque partes extraneas deducenti aut terras extraneas inves- 
 tiganti in adeo libera et ampla forma sicuti eadem in hac presenti carta nostra insereretur 
 Facimus etiam constituimus ct ordinamus dictum Dominum Willelmum Alexander 
 hercdes suos aut assignatos vel eorum deputatos nostras hereditaros locum tenentes 
 générales ad representandum nostram personam regalem tan per mure quam per ter- 
 rain in regionibus maris oris ac finibus predict. In petendo dictas terras quamdiu illic 
 manserit ac redeundo ab eisdetn ad gubernandum et regendum et puniendum omnes 
 nostros subditos quos ad dictas terras ire aut casdem inhabitare contigeret aut qui nego- 
 tiationem cum eisdem suscipient vel in cisdem locis remanebunt ac eisdem ignoscen- 
 dum Et ab stabiliendum tales legis statuta constitutiones directiones instructioncs for- 
 mas gubernandi et magistratuum ceremonias infra dictas bondas sicut ipsi Domino 
 Willelmo Alexander aut ejus predict, ad gubernationem dicte regionis et ejusdem 
 incolarum in omnibus causis tarn criminalibus quam civilibus visum fluerit et easdem 
 leges regimina formas et ceremonias alterandum et mutandem quoties si bi vel suis pre- 
 dicts pro bono et commodo dicte regionis placuerit Ita ut dicte leges tarn legibus hujus 
 regni nostri Scotie quam fieri possunt sint concordes volumus etiam ut in casu rebel- 
 iionis aut seditionis legibus utatur militari bus adversus delinquentes vel imperio ipsius 
 sese subtrahentes adeo libère sicuti aliquis locum tenens cujus vis regni nostri vel 
 dominii virtute officii locum tenentis habent vel habere possunt Excludendo omnes 
 alios officiarios hujus regni nostri Scotie terrestres vel maritimos qui imposterum 
 aliquid juris clamei commoditatis authoritatis aut intéresse in et ad dictas terras aut 
 provinciam predict. Vel aliquam inibi Jurisdictionem virtute alicujus precedent» 
 dispositionis aut diplomats pretendere possunt. Et ut viris lionesto loco natis sesc ad 
 expeditionem istam subeundam et ad colonii plantationem in dictis terris addatur 
 animus. Nos pro nobis nostrisque heredibus et successoribus cum avisamento et con- 
 sensu predict. Virtute prcsentis carte nostre Damus ct conccdemus liberam et plena- 
 riam potestatem prefato Domino Willelmo Alexander suisque predict. Conferendi 
 favores privilégia munia et honores in demereutes. Cum plenarea potcstatc iisdem aut 
 eorum alicui quos cum ipso Domino Willelmo suisque predict. Pactiones vel con- 
 tractus facere pro eisdem terris contigerit sub subscriptions sua vel suorum predict. 
 Et sigillo infra mentionato aliquam portionem vel porfiones dictarum terrarum por- 
 tuum navium stationum fluviorum aut premissorum alicujus partis disponendi et extra 
 donandi. Erigendi etiam omnium generum machinas artcs facultates vel scientias 
 aut easdem exercendi in toto vel in parte sicuti ei pro bono ipsorum visum fueril. 
 Dandi etiam concedendi et attribuendi talia officia titulos Jura et potestates consti- 
 tuendi et designandi tales capitaneos officiai ios ballivos gubcrnatorcs omnesque alios 
 regahtatisbaronieet burgi officiarios aliosque ministrospro administratione Justitia infra 
 bondas dictarum terrarum aut in via dum terras islas petunt per mare at ab eisdem 
 redeunt sicuti ei necessarium videbitur secundum qualitates conditiones et persona- 
 rum mérita quos in aliqua coloniarum dicte provincia aut aliqua ejusdem parte habi- 
 tare contigerit aut qui ipsorum bona vel fortunas pro commodo ct incremento ejusdem 
 periculo commiltcnt ct eosdem ab officio removendi alterandi ct mutandi prcut ei 
 
77 
 
 suisque prescript, expediens videbitur Et cum hujus conatus non sine magno labore et appendix. 
 sumptibus Sunt magnamque pecunie largitionem requirant adeo ut privati cujusvis No 10 ' 
 fortunas excédent et multorem suppetiis indigeant Ob quam causam prefatus Do- Grant of Nova 
 minus Willelmus Alexander suique prescript, cum diversis nostris subditis aliisque iiam Mnani'er, 
 
 ... .... „ . ")Hi Sept. 1621. 
 
 pro partieularibus penclitationibus et susceptionibus ibidem. Qui forte cum eo 
 suisque heredibus assignatus vel deputatis pro terris piscationibus mercimoniis aut 
 populi transportatione cum ipsorum pecoribus rebus et bonis versus dictam No- 
 vam Scotiam contractus inibunt Voluinus ut quiconque tales contractus cum dicto 
 Willelmo suisque predict. Sub ipsorum subscriptionibus et sigillia expedient lim- 
 itando assignando et affigendo diem et locum pro personarum bonorum et rerum 
 ad navem deliberatione sub pena et forisfactura cujusdam monete summe et 
 eosdem contractus non perficient sed ipsum fustrabunt et in itinere designato ei 
 nocebunt Quod non solum dicto Don.ino Willelmo suisque predict, poterit esse 
 prejudicio et nocumenlo verum etiam nostre tarn laudabiii intention! obstabit et 
 detrimentum intérêt Tunc licitum erit prefato Domino Willelmo suisque prcdictis 
 vel eorum deputatis et conservatoribus inframentionatis in eo casu sibi suisve pre- 
 dict, quos ad hunc effectum substituet omnes tales gummas monete bona et res 
 forisfactas per talium contractuum violationem assumere Quod ut facilius fiat et legum 
 prolixitas evitetur Dedimus et Concessimus tenoreque presen'.is Carte nostre Damus 
 et Conceditnus plenariam licentiam liberatem et potestatcm dicto Do nino Willelmo 
 suisque heredibus et assignalis predict. Eligendi nominandi assignandi ct ordinandi 
 libertatam et privilegiorum per presentem Cartam nostram sibi suisque predict. Con- 
 cessorum Conservatorem Qui expedite executioni leges et statula per ipsum suosque 
 predict, facta secundum potestatem ei suisque predict, per dictam nostram car'am 
 concessam demandant Volumusque et ordinamus potestatem dicli Conservatoris in a> 
 tionibus et causis ad personas versus dictam planlationem contrahentes spectantibus 
 absolutam esse sine ulla appellatione aut procrastinatione quacunque Quiquidem Con- 
 servator possidebit et gaudebit omnia privilégia [mmunitates libertates a;: dignitates 
 quascunque que quivis Conservator Scoticorum privilegiorum apud extrancos vel in 
 Gallia Flandria aut alibi hactenus possiderunt aut gavisi sunt quovis tempore prederito 
 Et licet omnes tales contractus inter dictum Dominum Willelum suosque predict, et 
 predictospericlitatores per periclitationem et transportationem populorem cum ipsorum 
 bonis et rebus ad statutum diem perficientur. Et ipsi cum suis omnibus pecoribus et 
 bonis ad iittus illius provincie animo coloniam ducendi et remanendi appellent. Et 
 nihilominuspostea vel omnino provinciam Novie Scotie et ejusdem confinia sine licencia 
 dicti Domini Willelmi ejusque predict, vel eorum deputatorum vel societatem et 
 coloniam predict ubi primum combinat! et conjunct! fuerant derelinquent et ad 
 agrestes indigenes in locis remotis et desertis habitandum se se confèrent Quod tunc 
 amittent et forisfacient omnes terras prius iis concessas Omnia etiam bona infra omnes 
 predictas boudas. Et licitum erit predicto Domino Willelmo suisque predict. Eadem 
 tisco applicare ct easdem terras recognoscere eademque omnia ad ipsos vel eorum ali- 
 quem quovismodo spectantia possidere et suo peculiari usui suorumque predict, conver- 
 ter Et ut omnes dilecti nostri subditi tarn regnorum nostrorum ct dominiorum quam 
 alii extranei quos ad dictas terras aut aliquam earundem partem ad mercimonia contra- 
 henda navigare contigerit melius sciant et obe:lientes sint potestati et auctoritati per 
 nos in predictum fidelem nostrum consiliarium Dominum Willelum Alexander suos- 
 que predict, collate in omnibus talibus omisionibus warranties contractibus quas 
 quovis tempore futuro faciei concedet et constituet pro decentiori et validcori constitu- 
 tione officiariorum pro gubernatione dicte colonee concessione terrarum et executionc 
 Justicie dictos inhabitantes périclitantes deputatos factures vel assignatos tangen. in 
 aliqua dictarum terrarum parte vel in navigatione ad easdem terras. Nos cum avisamen- 
 to et consensu predicto ordinamus Quod dictus Dominus Willelmus Alexander suique 
 predict, unum commune sigillum habebunt ad officium locum tenentis Justiciarie c* 
 
Scotia i" Sir Wil- 
 liam Alexandc 
 Will Sept. 1621. 
 
 78 
 
 Appendix. Adrairalitatis speetan. Quod per dictum Dominum Willelmum Alexander suosque 
 No. lu. predict, vel per députâtes suos omni tempore affuturo custodietur. In cujus uno 
 Grantor Nova latere nostra insignia insculpentur cum his verbis in ejusdem circulo et margine Sigil- 
 
 îîam' Alexander, lum Regis Scotie Anglie Francie et Hybernie Et in altera latera Imago nostra nos- 
 trorumque successorum cum his verbis (Pro Nove Scotie locum tenente) cujus justum 
 exemplar in manibus ac custodia dicti conservatoris remanebit quo prout occasio requi- 
 ret in officio suo utetur Et cum maxime necessarum sit lit omnes dilecti nostri subditi 
 quot qnot dictam provinciam Nove Scotie vel ejus confinia incolent in timoré omni- 
 poteniis Dei et vero ejus cultu simul vivant omni conanime intentes Christianam reli- 
 gionem ibi stabilire pacem etiam et quietem cum nativis incolis et agrestibus aborigi- 
 nibus earum terrarum colère unde ipsi et eorum cuilibet mercimonia ibi exercentes 
 tuti cum oblectamento ea que magno cum labore et periculo acquisivernnt quiete pos- 
 sidere possint. Nos pro nobis nostrisque successoribus volumus nobisque visum est 
 per presentis carte nostre tenorem Uare et eoncedere dicto Domino Willelmo Alex- 
 ander suisque predict, et eorum deputatis vel aliquibus aliis gubernatoribus officiariis 
 et ministris quos ipsi constituent liberam et absolutam potestatem traetandi et pacem 
 affinitatem amicitiam mutua colloquia operam ct communicationem cum agrestibus 
 î 11 îs aboriginibus et eorum Principibus vel quibuscunque aliis regimen et potestatem 
 in ipsos habentibus contrahendi observandi et colendi talcs affinitates et colloquia que 
 ipse vel sui predict cum iis contrahent modo fédéra ilia ex aversa parte per ipsos sil- 
 vcslres fideliter observentur, Quod nisi fiat arma contra ipsos sumendi quibus redegi 
 possunt in ordinem sicuti dicto Willelmo suisque predict, et deputatis pro honore obedi- 
 entia et Dei servitio ac stabilimento defensione et conservatione authoritatis nostre inter 
 ipsos expediens videbitur Cum potestate etiam predicto Domino Willelmo Alexander 
 suisque predict, per ipsos vel eorum deputes substitutes vel assignatos pro ipsorum de- 
 lensione tutela omni tempore et omnibus justis occasionihus inposterum aggrediendi 
 exinopinato invadiendi expellendi ac armis repellendi tam per mare quam per terrain 
 omnibus modis omnes et singulos qui sine speciali licentia dicti Domini Willelmi suorum 
 que predict, terras inhabitare aut mercaturam facerc in dicta Nove Scotie provincia aut 
 quavis ejusdem parte conabuntur Et similiter omnes alios quoscunque qui aliquid damni 
 detrimenti destructionis lesionis vel invasionis contra provinciam ilia n aut ejusdem 
 incolas inferre présumant Quod ut facilius fecit licitum erit dicto Dcmino Willelmo 
 suisque predict, eorum deputatis factoribus et assignatis contributiones a periclitan- 
 tibus et incolis ejusdem levare in unum cogère per proclamationes vel quovis alio or- 
 dir.e talibus temporibus sicuti dicto Domino Willelmo suisque predict, expediens 
 videbitur Omnes nostros subditos infra dictos limites dicte provincie Nove Scotie in- 
 habitantes et mercimonia ibidem exercentes convocare j)ro meliori exercituum neces- 
 sariorum supplemento et populi et plantations dictarum terrarum augmentatione et 
 incremento cum plenaria potestate privilegio et libertatc dicto Domino Willelmo 
 Alexander suisque predict, per ipsos vel eorum substitutos per quevis maria sub 
 nostris insigniis ct vexillis navigandi cum tot navibus tan ti oneris et tam bene muni- 
 tione viris et victualibus instructis sicuti possunt parare quovis tempore et quoties eis 
 videbitur expediens ac omnes cujuscunque qualitatis et gradus personas subditi nostri 
 existentes aut qui imperio nostro sese subdere ad iter illud suscipiendum voluerint 
 cum ipsorum jumentis equis bobus ovibus bonis et rebus omnibus munitionibus ma- 
 ehinis mojoribus armis el instruments militaribus quot quot voluerint aliisque commo- 
 ditatibus et rebus necessariis pro usu ejusdem colonee mutuo commertio cum nativis 
 inhabitantibus earum provinciarum aut aliis qui cum ipsis plantatoribus mercimonia 
 contrahent transportandi. Et omnes commoditates et mercimonia que iis videbuntur 
 necessaria in regnum nostrum Scotie sine alicujus taxationis custume aut impositionis 
 pro eisdem solutione nobis vel nostris custumariis aut eorum deputatis inde portandi 
 eosdem ub eorum officiis in hac parte pro spatio septem annorum diem date presen- 
 tium immediate sequen. inhibendo Quamquidem solam commoditatem per spatium 
 
79 
 
 tredecim annorum inposternm libcre concessimus tcnorcque prescntis carte nostro Appendix. 
 concedimus et disponimus dicto Domino Willelmo suisque predict, secundum pro- N "' lu - 
 
 portionem quinque pro centum posteamentionat. Et post tredecim illo annos finitos , : , a Nm . ;i 
 
 licitum erit nobis nostrisque successoribus ex omnibus bonis et mercimoniis que ex hoc n»?"* "lei ■„"'!. 
 regno nostro Scotie ad eandem provinciam vel ex ea provincia ad dictum regnum nos- '""' * 1 "' "'"' 
 tnim Scotie exportabuntur vel importabuntur in qui bus vis luijiis regui nostri portubus 
 perdictum Willelmum suosque predict. Tantum quinque libras pro centum secun- 
 dum antiquam negotiandi morem sine irila alia impositione taxatione custuma vel 
 deboria ab ipsis imperpetuum levare et exigere Quaquidem summa quinque librarum 
 pro centum sic soluta per dictum Dominum Willelmum suosque predict, aliisque 
 nostris officiariis ad hunc eflectum constilutis, Exinde licitum erit dicto Domino Wil- 
 lelmo suisque predict, eadem bona de nostro hoc regno Scotie. In quasvis alias partes 
 vel regiones extraneas sine alicujus alterius custume taxationis vel devorie solutione 
 nobis vel nostris heredîbus aut successoribus aut aliquibus aliis transportare et avehere, 
 Proviso tamen quod dicta bona infra spatium tredecim mensium post ipsorum in quo- 
 vis hujus regni nostri portu appulsionem navi rursus imponantur Dan. et conceden. 
 absolutam et plenariam potestatem dicto Domino Willelmo suisque predict, ab om- 
 nibus nostris subditis qui colonic deducere mencimonia exercere aut ad easdem terras 
 Nove Scotie et ab eisdem navigare voluerint prêter dictam summam nobis debitam 
 pro bonis et mercimoniis quinque libras de centum vel ratioue exportations ex hoc 
 regno nostro Scotie ad provinciam Nove Scotie vel importations a dicta provincia ad 
 regnum hoc nostrum Scotie predict. In ipsius ejusque predict, proprios usus sumen- 
 di levandi et recipiendi Et similiter de omnibus bonis et mercimoniis que per nos 
 subditos coloniarum doctores negotiatores et navigatores de dicta provincia Nove 
 Scotie ad quevis nostra dominia aut alia quevis loca exportabuntur vel a nostris regnis 
 et aliis loci* ad dictam Novam Seotiam importabuntur ultra et supra dictam summam 
 nobis destinatam quinque libras de centum Et de bonis et mercimoniis omnium extra- 
 neorum aliorumque sub nostra obedientia existentium que vel de provincia Nove 
 Scotie cxportebuntur vel ad eandem importabuntur ultra et supra dictam summam nobis 
 destinatam decern libras de centum dicti Domini Willelmi suorumquc predict, pro- 
 priis usibus per tales ministros omciarios vel subslitulos eorumve deputatos aut lactores 
 quos ipsi ad hunc effectum constituent et designabunt levandi sumendi ac recipiendi 
 Et pro meliori dicti Domini Willelmi suorumque predict, aliorumque omnium dicto- 
 rum nostrorum subditorum qui dictam Novam Seotiam inhabitare vel ibidem mercimo- 
 nia exercere voluerint securitate et commoditate ct gencraliter omnium aliorum qui 
 nostre authoritati et potestati sese subdere non gravabuntur nobis visum est Volumus- 
 quc quod licitum erit dicto Domino Willelmo suisque predictis unum aut plura muni- 
 mina propugnacula castella loca fortia specula armamentaria lie blokhoussis alique 
 edificia cum portubus et navium stationibus editicare vel edificari causare unacum na 
 vibus bellicis easdemque pro defensione diet, locarum applicare sicuti dicto Domino 
 Willelmo suisque predict. Pro dicto conamine perficiendo necessarium videbitui 
 proque ipsorum defensione militum catervas ibidem slabilire prêter preclicta supra- 
 mentionata Et generaliter omnia facera que pro conquestu augmentatione populi inha- 
 bitatione preservatione et gubernatione dicte Nove Scotie ejusdemque orarum et 
 territorii infra omnes hujusmodi limites pertinentias et dependentias sub nostro nomine 
 et authoritate quodcunque nos si personaliter essemus présentes facere potuimus Licet 
 casus specialem et strictum magis ordinem quam per présentes prescribitur requirat, 
 Cui mandato volumuset ordinamus strictissimeque precipimus Omnibus nostris Justi- 
 ciariis Officiariis et subditis ad loca ilia sese conferentibus ut sese applicent dicto que 
 Domino Wiilelmo suisque predictis. In omnibus et singulis supramentionatis earum 
 substantiis circumstantiis et dependentiis intendant et obediant eisque in earum execu- 
 tione in omnibus adeo sint obedientes ut nobis cuius personam représentât esse debe- 
 rent sub pena disobediente et rebellionis Et quia fieri potest quod quidem ad dicta loi . 
 
80 
 
 Jlpnendix. transportant refractarii sint et ab eadem loea ire recusabunt aut dicto Domino Willel- 
 
 No. 10. rno puisque predict, résistent Nobis igitur placet quod omnes Vicecomites senescalli 
 
 Gram of Nova regalitatum ballivi pacis justiciarii prepositi et urbium bailivi eorumque officiarii et 
 
 nam'* Alexander] Justicie minislri quieunque dictum Dominum Willelmum suosque tlepulatos alios- 
 que predict. In omnibus et singulis legitimis rebus et factis quas facient aut inten- 
 dent ad effectum predict, similiter et eodem modo sicuti nostrum spéciale warran- 
 tum ad hunc effectum baberent assistent fortificent et eisdcm suppetias ferant Decla- 
 ramus insu|>er per presentis carte nostre tenorem omnibus Christianis Regibus 
 Principibus et Statibus Quod si aliquis vel aliqui qui imposterum de dictis coloniis 
 vel de earum aliqua sit in dicta Provincia Nove Scotie vel aliqui alii sub eorum 
 licencia vel mandato quovis tempore l'uturo piraticam exerceutes per mare vel 
 terram bona alicujus abstulerint vel aliquoil injustum aut moleslum hostiliter intra 
 aliquos nostros nostrorumque beredum et successorum aut aliorum Regum Principum 
 Gubernatorum aut Staluum in fbedere nobiscum existen, subditos quod tali injuria sic 
 oblata aut justa querela de super mota per aliquem Rcgem Principein Gubernatorem 
 Statum vel eorum subditos predict. Nos nostri heretles et successores publicas proela- 
 mationes fieri curabimus in aliqua parte dicti regni nostri Scotie ad hunc effectum 
 magis commoda ut dicta pirata vel pirate qui tales rapinas committent stato tempore 
 per prefatas proclamationes limitando plenarie restituent que cunque bona sic oblata 
 et pro dictis injuriis omnimodo satisfaciant Ita ut dicti Principes aliique sic conquc- 
 rentes satisfactos se esse reputent Et quod si talia facinora committent bona oblata non 
 restituent aut restitui faciant intra limiiatum tempus Quod tunc imposteru-m sub nostra 
 protectione et tutela minime erunt Et quod licitum erit omnibus Principibus aliisque 
 predict, delinquentes eos hostiliter prosequi et invadere El licet neminem nobilem 
 aut generosum de patria hac sine licencia nostra decedere statutum sit Nihilominus 
 volumus quod presens hoc Diploma sufficiens erit licencia et war ran turn omnibus qui 
 se huic itineri committent qui lèse majestatis non sunt rei vel aliquo alio special! man- 
 dato inhibili Atque etiam per presentis carte nostre tenorem declaramus volumusque 
 quod nemo patria bac decederê permittatur versus dictam Novam Scotiam nullo tem- 
 pore nisi ii qui Juramentum supremitatis nostre primum susceperint ad quern effectum 
 nos per présentes dicto Domino YVillelmo suisque predict, vel eorum conservatori vel 
 deputatis Idem hoc juramentum omnibus personis versus ■ lias terras in ea colonia se 
 se conferentibus requirere et exhibere plenariam potestatem et authoritatem clamus et 
 concedimus Preterea Nos cum avisamento et consensu predicto pro nobis et successo- 
 ribus nostris Declaramus decernimus et ordinamus Quod omnes nostri subditi qui ad 
 dictam Novam Scotiam proficisceutur aut earn incolent earumque omnes liberi et pos- 
 teritas qui ibi nasci contigerit aliique omnes ibidem périclitantes habebunt et possi- 
 debunt omnes libertates inimunitates et privilégia liberorum et naturalium subditorum 
 regni nostri Scotie aut aliorum nostrorum dominiorum sicuti ibidem nati fuissent In- 
 super Nos pro nobis et successoribus nostris Damus et concedimus dicto Domino Wil- 
 lelmo Alexander suisque predict, liberam potestatem stabiliendi et cudere causandi 
 monetam pro commercio liberiori inhabitantium dicte provincie cujusvis metalli que 
 modo et qua forma voluerint et eisdem prescribent Atque etiam si que questiones aut 
 dubia super interpretatione aut conslructione alicujus clausule in hac presenti carta 
 nostra contente occurrent Ea omnia sumentur et interpretabuntur in amplissima forma 
 Et in favorem dicti Domini Willelmi suorumque predict. Preterea Nos ex nostra certa 
 scientia proprio molu auctoritate regali et potestate regia fecimus univimus annexavi- 
 mus ereximus creavimus et incorporavimus tenoreque presentis carte nostre facimus 
 unimus annexamus erigimus creamus et incorporanius '1'otam et integram predictam 
 provineiam et terras Nove Scotie cum omnibus earundem limitibus et mariis ac mine- 
 ralibus auri et argenti plumbi cupri chalibis stanni aîris ferri aliisque quibuscunque 
 fodinis margaritis lapidibus preciosis lapicidinis silvis virgultis mossis marresiis lacu- 
 bus aquis piscationibus tarn in aquis dulcibus quam saisis tam regalium piscium quam 
 aliorum Civilatibus liberis portuhus liberis burgis urbibus baronie burgis maris portu- 
 
SI 
 
 bus anchoragiis machinis molcndinis officiis et Jurisdictionibus omnisbusquo aliis gene- .7/ 7 . ndh 
 ralitcr et particulariter supramentionatis In unum Integrum et liberum Dominium et No 10 " 
 
 Baroniam per predictum nomen Novae Scotiae omni tempore futuro appelland. Volu- r. i 01 •-■ 
 
 musqué et concedimus ac pro nobis et successoribus nostris Dccernmius et, ordinamus liam \icxumici 
 
 ,. tw • „-„ , ... I0l|] Scj '. 16-21. 
 
 Quoi! umea sasina nunc per dictum Dominum V\ îllelmum suosque predict, omni tem- 
 pore affuturo super aliquam partem fundi dictarum terrarum et provincie prescript. 
 Stabit et sufficiens erit sasina pro tota regione Cum omnibus partibus pendiculis pri- 
 vileges casualitatibus libertatih- ' immunitatibus ejusdem supra mentionatis absque 
 aliqua alia speciali aut particular! sasina per ipsum suosve predict, apud aliquam aliam 
 partem vcl ejusdem locum capienda penes quam sasinam omniaque que inde sequuta 
 sunt aut sequi possunt, Nos cum avisamento et consensu prescript, pro nobis et suc- 
 cessoribus nostris dispensavimus Ten oreque presentis carte nostre modo subtus men- 
 tionat. dispensamus imperpetuum Tenen. et Haben. Totam et integram dictam regi- 
 onem et dominium Nove Scotic cum omnibus ejusdem limitibus infra predict. i maria 
 mineralibus auri et argenti cupri chalibis stanni ferri rcris aliisque quibuscunque fodinis 
 margaritis lapidibus preciosis lapicidinis silvis virgultis mossis marresiis lacubus aquis 
 piscationibus tam in aquis dulcibus quam saisis tam regalium piscium quam aliorum 
 civetalibus liberis burgis liberis portubus-urbibus baronie burgis maris portubus an- 
 choragiis machinis molcndinis officiis et jurisdictionibus omnibusque aliis gencraliter 
 et particulariter supramentionat. Cumque omnibus aliis privilegiis libertatibus Im- 
 munitatibus casualitatibus aliisque supra expressis prefato Domino Willelmo Alexan- 
 der heredibus suis et assignatis De nobis nostrisque successoribus In feodo bereditate 
 libero dominio libera baronia et regalitate imperpetuum modo supra mentionato Per 
 omnes rectas metas et limites suas proutjacent in longitudine et latitudine In domibus 
 edificiis edificatis et edificandis boscis planis maris marresiis viis semitis aquis stagnis 
 rivolis pratis pascuis et pasturis molcndinis multuris et eorum sequelis aucupationibus 
 venationibus piscationibus petariis turbariis carbonibus carbonariis cuniculis cunicula- 
 riis columbis columbariis fabrilibus brasinis brueriis et genestis silvis nemoribus et 
 virgultis lignis lapicidiis lapide et. calce Cum curiis et earum exilibus herezeldis bludc- 
 witis et mulierum marchetis Cum furca fossa sok sak thole thame infangtheiff outfang- 
 thcifi" vert wrak wair veth vennysoun pitt et gallous ac cum omnibus aliis et singulis 
 libertatibus commoditatibus proficuis asiamentis ac justis suis pertinentiis quibuscunque 
 tam non nominatis quam nominatis tam subtus terra quam supra terram procul et prope 
 ad predict, regionem speotan. seu juste spectare valcn. quomotlolibct in futurum 
 libère quiète plenarie intègre honorifice bene et in pace Absque ulla revocatione con - 
 tradictione impedimento aut obstaculo aliquali Solvendo inde annuatim dictus Domi- 
 nus Willelmus Alexander suique predict. Nobis nostrisque heredibus et successori- 
 bus unum denarium monete Scotie super fundum dictarum terrarum et provincie Nove 
 Scotie ad fcsîum Nativitatis Christi nomine albefirme si petatur tantum Et quia ten- 
 tione dictarum terrarum et provincie Nove Scotie et albafirma predict, déficiente tem- 
 pestivo et legitimo introitu cujusvis heredis vel heredum dicti Domini Willelmi sibi 
 succeden. quod difliculter per ipsos prestari potest, ob longinquam distanliam ab hoc 
 regno nostro eadem terre et provincia ratione nonintroitus in manibus nostris nostro- 
 rumve successorum devenient usque ad legitimum legitimi heredis introitum Et nos 
 nolenies dictas terras et regionem quovis tempore in nonintroitu cadere neque dictum 
 Dominum Willelmum suosque predict, beneficiis et proficuis ejusdem eatenus frustrari 
 Idcirco Nos cum avisamento predict, cum dicto introitu quandocunque contigerit dis- 
 pensavimus Tenorequc presentis carte nostre pro nobis et successoribus nostris dis- 
 pensamus Ac ctiam renunciavimus et exoneravimus tenoreque ejusdem Carte nostre 
 cum consensu predicto Renunciamus et exoneramus dictum Dominum Willelmum 
 cjusque prescript, prefatum nonintroitum dicte provincie et regionis quandocunque in 
 manibus nostris deveniet aut ratione nonintroitus cadet cum omnibus que desuper sequi 
 possunt Proviso tamen Quod dictus Dominus Willelmus suique heredes et assignait 
 
 21* 
 
S2 
 
 Jlppeniix. infra spatium septem annorum post decessum et obitum suorum predicessorum aut 
 Is " 10 - introitum ad possessionem dictarum terrarum aliorumque predict, per ij>sos vel eorum 
 
 Gram of Nova legitimos procuratorcs ad hunc effectum pulestatem habentes nobis nostrisque suc- 
 cessoribus homagium faciant Et dictas terras dominium et baroniam aliaque predict. 
 
 " "'"' 1 ' ; '" 1 ' adeant et per nos recipiantur secundum leges et statuta dicti regni nostri Scotie Denique 
 Nos pro nobis et successoribus nostris volumus decernimus et ordinamus présentent 
 banc nostram cartam et infeofamentum suprascript. predict, terrarum dominii et regi- 
 onis Nove Scotie privilégia et libertates ejusdem in proximo nostra Parliamento dicti 
 regni nostri Scotie cum contigerit ratificari approbari et confirmari ut vim et effica- 
 ciam decreti inibi habeat penes quod nos pro nobis et successoribus nostris declaramus 
 banc nostram cartam sufficiens fore warrantum Et in verbo Principis eandem ibi Rati- 
 ficari et approbari promittimus Atqtie etiam altcrare renovare et eandem in amplissima 
 forma augere et extendere quoties dicto Domino Willelmo ejusque predict, necessa- 
 rium et expédions videbitur Insuper Nobis visum est ac mandamus et prccipimus di- 
 lectis nostris 
 
 Vice comitibus nostris in hac parte specialiter constituas quatcnus post hujus carte 
 nostre nostro sub magno sigillo aspectum statu m et sasinam actualem et realem prefato 
 Domino Willelmo suisque predict, corumve actornato vel actcrnatis terrarum dominii 
 baronie aliorumque predict, cum omnibus libertatibus privileges immunitatibus aliisque 
 supra expresses dare et concedere Quam sasinam Nos per presentis carte nostre teno- 
 rem adeo legitimam et ordinariam esse declaramus Ac si preceptum sub testimonio 
 nostri magni sigilli in amplissima forma cum omnibus clausulis requisitis ad bunc 
 effectum predict, haberet penes quod pro nobis et successoribus nostris imperpetuum 
 dispensamus In cujus rei Testimonium buic presenti carte nostre magnum sigillum 
 nostrum apponi precepimus Testibus predilectis nostris consanguineis Jacobo Mar- 
 chione de Hammiltoun comité Arranie Domino Evan Georgio Mariscalli Comité 
 Domino Keyth * regni nostri Mariscallo Alexandro Comité de Dumfermeling Domi- 
 no Fyvie et Urquhart nostro Cancellario Thoma Comité de Melros Domino Binning 
 ct Byres * nostro Secretario dilectis nostris familiaribus consiliariis Dominis Ricardo 
 Cokburne Juniore de Clerkingtoun nostri secrcti sigilli custode Georgio Hay de Kin 
 fawnis nostrorum rotulorum registri ac consilii clerico Joanne Cokburne de Ormes- 
 toun nostre Justiciarie clerico et Joanne Scot de Scotstarvett nostre cancellarie direc- 
 tore militibus Apud Castellum nostrum de VVindsore decimo die mensis SeptembriS 
 Anno Domini millesimo sexentesimo vigesimo primo Regnorumque nostrorum annis 
 quinquagesimo quinto et decimo nono. 
 
 Per signaturam manu S. D. N. Regis suprascript. ac manibus Cancellarii The- 
 saurarii principalis Secretarii ac reliquorum Dominorum Commission- 
 ariorum ac Secreti Consilii ejusdem regni Scotie subscriptam. 
 
 H. M. General Register House, Edinburgh, Dec. 25, 1S2S. 
 
 A faithful copy. 
 
 TITO. THOMSON, 
 Deputy Clerk Register. 
 
APrEXDIX, Xo. XL 
 
 GRA3ÎTS AXD DEEDS OF SALE 
 
 OF THE 
 
 PROVINCE OF MAINE 
 
 AXD 
 
 EXTRACTS FROM THE TÎF.COfiDS OF THE GENERAL COURT OF THE COLONY 01 
 MASSACHUSETTS BAY, RELATIVE TO THE TRANSFER OF SAID PROVINCE, 
 
 TIZl 
 
 Grant of the Province or Connue of Maine to Sir Ferdinando Gorges, by Charles I. 3d Apri', 1639. 
 
 Died of Ferdinando Gorges to John Usher, 13th Mardi, 1677. 
 
 Deed of John Uslier to the Massachusetts Bay Company, 15th March 1677. 
 
 Extracts from the Records of the General Court of the Colony of Massachusetts Bay of the 2d Oct. 1678. 
 
 Ditto Ditt0 ....28th May, 1679. 
 
 Di, ° I)itt0 4thFeb'v 1679. 
 
 Dltt0 Uitt0 4th June, 1717 
 
 GRANT 
 
 OF THE PROVINCE OR COUN11E OF MAINE BY CHARLES I. TO SIR FEHDINANDO 
 
 GORGES, THIRD APRIL, 1639. 
 
 Vigesima quinta pars Paten de anno Regni Regis Caroli quinto decimo 
 
 D Con ad Vitam } -, . ,, „ _ , __. „ „ 
 
 Ferdinando Gorges C Charles by the grace of God King of England Scotland ^pendix. 
 Militi sibi & heredibs S France a " d Ireknd Defender of the Falth &<= No. 11. 
 
 To all to whom tlieise Presents shall come Greeting Whereas Sir Ferdinando Gor- Grant, Sale and 
 ges Knight hath beene an humble suitor unto us to graunte and confirme unto him Pro™ 
 and his heires a parte and porcon of the Countrie of America now comonly called GranûTcharies 
 or knovvne by the name of New England in America hereafter in theise Presents Gorges. " 
 described by the meets and bounties thereof with divers and sundrie priviledges and 
 jurisdiccons for the welfare and good of the state of those Colonies that shalbee 
 drawne thither nm] for the better governement of the people that shall live and inha- 
 bite within the lymits and precints thereof whiche parte or porcon of the said Coun- 
 trie wee have heretofore (amongst other things) for us our heires and successors 
 taken into actuall and reall possession or in defaulte of such actuall and reall posses- 
 sion formerly taken Wee Doe by theise Presents for us our heires and successors take 
 the same into our actuall and reall possession Knowe yee therefore that of our especial! 
 grace certaine knowledge and mcere mocon Wee Have given grauntcd and confirmed 
 And by theise Presents for us our heires and successors Doe give graunte and con- 
 firme unto the said Sir Fardinando Gorges his. heires and assignes All that Parte 
 
Grïint 
 I. to 
 
 ..... 
 
 84 
 
 appendix. Purparte and Porcon of the Mayne Lande of New England aforesaid beginning 
 No. n. all the entrance of Pascalaway Harbor and soe lo passe upp the same into the 
 
 G — , River of Newichewanocke and through the same unto the furthest heade thereof 
 
 and from thence Northwestwards till one hundred and twenty iniles bee fniished 
 . , r, es and from Pascalaway Harbor mouth aforesaid Northeastwards alonge the 
 ' Sea Coasts to Sagadahocke and upp the River thereof to Kynybequy River and 
 through the same unto the heade thereof and into the Lande Northwestwards untill 
 one hundred and twenty myles bee. ended being accomp led from the mouth of Sa- 
 a-adahocke and from the period of one hundred and twenty myles aforesaid to 
 Irosse over Lande to the one hundred and twenty myles end formerly reckoned 
 upp into the Lande from Pascalaway Harbor through Newichewanocke River and 
 alsoe the Nor the halfe of the Isles of Shoalcs togeather with the Isles ofCapawock 
 and Nawtican ncerc Cape Cod as alsoe all the Islands and Ilelts lyeinge within 
 five leagucsoflhe May ncall alonge the foresaide Coasts betweene the aforesaid River 
 of Pascalaway and Segadahocke with all the Creekes Havens and Harbors thereunto 
 bclongingc and the Revcrcon and Revercons Remaynder and Remaynders of all and 
 sino-ular the said Landes Rivers and Premisses All which said Part Purpart or Porcon 
 of the Mayne Lande and all and every the Premisses herein before named Wee Doe 
 for us our heires and successors create and incorporate into One Province or Countie 
 And Wee Doe name ordeync and appoynt that the porcon of the Mayne Lande and Pre- 
 mises aforesaide shall forever hereafter bee called and named The Province or Countie 
 of Mayne and not by any other name or names whatsoever with all and singuler the 
 Soyle and Groundes thereof as well drye as covered with water and all Waters Portes 
 Havens and Creekes of the Sea and Inlelts of the said Province of Mayne and Pre- 
 misses as to them or any of them belonginge or adjacent as alsoe all Woodes Trees 
 Lakes and Rivers within the said Provynce of Mayne and Premisses and the Lymitts 
 of the same togeather with the Fisheing of whatsoever kinde as well Pearle as Fishe 
 as Whales Sturgeons or any other either in the Sea or Rivers and alsoe All Royaltyes 
 ofHawkcing Hunting Fowleing Warren and Chases within the said Province of Mayne 
 and Premisses aforesaid Deere of all sorts and all other Beasts and Fowles of Warren 
 and Chase and all other Beasts there and alsoe All Mynesa nd Oarc of Goulde Silver Pre- 
 cious Stones Tynne Leade Copper Sulphure Brimstone or any other Met tall or My nerall 
 matter whatsoever within the said Province and Premises or any of them opened or 
 hidden in all Quarries there And all Gould Silver Pearle Prcc.ous Stones and Amber- 
 "•reecc whiche shalbee founde within the said Province and Premisses or any of them 
 and the Lymitts and Coasts ot the same or any of them or any parte of them or any of 
 them and all and singular other Proffitts Benehtts and Commodityes groweing eo:;ic- 
 ing accrueing or happening or to be bad perceived or taken within the said Pro- 
 vince and Premisses Lymitts and Coasts of the same or any of them and alsoe All 
 Patronages and Advowsons Free Disposicons and Donacons of all and every such 
 Churches and Chappells as slialbee made and erected within the said Province and Pre- 
 misses or any of them with full power lycense and authority to builde and crcctc 
 or cause to be builte and erected soe many Churches and Chappells there as to the 
 said Sir Ferdinaudo Gorges his heires and assignes shall seeme meete and conve- 
 nient and to dedicate and consecrate the same or cause the same to bee dedicated and 
 consecrated according to the Ecclesiastical Lawes of this our Realme of England to- 
 geather alsoe with all and singuler and as large and ample Rights Jurisdiccons Pri- 
 viledges Prérogatives Royalties Libertyes Imunityes Franchises Preheminences and 
 Hereditaments aswell by Sea as by Lande within the said Province and Premisses and 
 the Precincts and Coasts of the same or any of them and within the Seas belonging or 
 adjacent to them or any of them as the Bishopp of Durham within the Bishopricke 
 or Countie Palatine of Duresme in our Kingdomc of England now bath useth or en- 
 joyeth or of right bee ought to have use or enjoye within the said Countie Palatine 
 
85 
 
 as if the same were herein particulerly menconed aiul expressed To have and to houlde Appendix. 
 possesse and enjoye the said Province and Premisses and every of them and all and No " 1I- 
 singuler other the Premisses before by theise Presents graunted or menconed or in- Gram, Snionmi 
 tended to bee graunted with theire and everyc of theire rights members and appur-Proviiiccoi Maine, 
 tenances unto the said Sir Ferdinando Gorges his heires and assignes To the sole and Grant by Charles 
 only use of the said Sir Ferdinando Gorges his heires and assigns forever To bee Gorges, 
 houlden of us our heires and successors as of the Mannor of East Greenwich in the 
 Countie of Kent by Fealty onely in fee and common Soccage and not in Capite nor in 
 Knights Service for all manner of service whatsoever Yieldeing and Payeing there- 
 fore yearely to us our heires and successors one Quarter of Wheate And alsoc Yielde- 
 ing and Payeing to us our heires and successors the fifte parte of the cleerc yearely 
 proffitts of all Ro3'all Mynes of Goulde and Silver that from tyme to tyme and att 
 all tvmes hereafter shalbee there gotten and obteyned (if any suche shalbee there foun.Ie) 
 and the fifte parte of all Goulde and Silver founde uppon the Sea Shoare or in Rivers 
 or elsewhere within the boundes and lymitts of the said Province and Premisses and 
 the fifte parte of the cleere yearely proliitt of Pearle Fisheing And Wee Doe for us 
 our heirs and successors further Graunte unto the said Sir Fardinando Gorges his 
 heires and assignes forever All Treasure Trove Goodes and Chattells of Felons and 
 of Felons of themselves Waifes Estrayes Pyrats Goodes Deodand» Fynes and Amercia- 
 ments of all the Inhabitants and others happening groweinge or ariseinge in the said 
 Province and other the Premisses or any part thereof or in any Voyage or Passage 
 to or from the same aswell for Offences committed against our selfe our heires and 
 successors or t hinges concer linge our selfe our heires or successors or our proffit 
 as against others 01 thinges concerninge others or the proffitts of others and all and 
 all maner of Wrecks of Shipps or Merchandize and all that which to wrecke belong- 
 eth by what means soever happening within or uppon the Havens Coasts Creeks or 
 Shoares of the Premisses or any parte thereof And Wee Doe for us our heires and suc- 
 cessors create ordeyne and constitute the said Fardinando Gorges his heires and 
 assignes the true and absolute Lords and Proprietors of all and every the aforesaid Pro- 
 vince of Mayne and Premisses aforesaid and all and every the Lymitts and Coasts 
 thereof Saveing always the faith and allegiance and the suprenme Dominion due to 
 us our heires and successors And for the better governement of such our Subjects and 
 others as att any tyme shall happen to dwell or reside within the said Province and 
 Premisses or passe to or from the same our will and pleasure is that the Religion 
 novve professed in the Church of England and Ecclesiasticall Governement nowe used 
 in the same shalbee forever hereafter professed and with asmueh convenient spcede as 
 may bee setled and established in and throughout the said Province and Premisses 
 and every of them And Wee Doe for us our heires and successors by theise Pre- 
 sents give and graunte unto the said Sir Fardinando Gorges his heires and assignes 
 power and authority with the assent of the greater parte of the Freeholders of the 
 said Province and Premisses for the tyme being (when there shalbee any) whoe are 
 to bee called thereunto from tyme to tyme when and as often as it shalbee requisite 
 to make ordeyne and publish Lawes Ordinances and Constitucons reasonable and not 
 repugnant or contrary but agreeable (as neere as conveniently may bee) to the Lawes 
 of England for the publique good of the said Province and Premisses and of the In- 
 habitants thereof by imposeing of penaltyes imprisonments or other coneccons (or 
 if the offence shall require) by takeing away of life or member the said Lawes and 
 Constitucons to extend aswell to such as shalbee passing unto or returning from the 
 said Province and Premisses as unto the Inhabitants and Residents of or within the 
 same and the same to bee put in execucon by the said Sir Fardinando Gorges his 
 heires or asssignes or by his or theire Deputies Lieuetenants Judges Officers or Minis- 
 ters in that behalfe lawfully authorized and the same Lawes Ordinances and Constitu- 
 tions or any of them to alter change revoke or make voyde and to make new not 
 
86 
 
 appendix, repugnant nor contrary but agreeable as neere as may bee to the Lawes of England 
 No. 11. as t)ie saic j g; r p art Hnando Gorges his heires or assignes togeather with the said Free- 
 Grant, saie ami boulders or the greater parte of them for the tyme being shalbee from tyme to tyme 
 Provurccol'Linc' thought fitt and convenient And Wee Doe further by theise Presents for us our 
 Gram by cuaiii's heires and successors give and graunte unto the said Sir Fardinando Gorges his heires 
 sorgra. " ' and assignes full power and authoritie and that itt shalbee lawefull to and for him the 
 said Sir Fardinando Gorges his heires and assignes to erect Courtes of Justice aswell 
 ecclesiasticall as civill and temporall whatsoever and to appoynt and constitute from 
 tyme to tyme Judges Justices Magistrates and Officers as well of the said Courte and 
 Courtes of Justice as otherwise aswell by Sea as by Lande for the hearing and deter- 
 mining of all manner of Causes whatsoever within or concerning the said Province 
 and Premisses or any of them or the Inhabitants or Residents there and Passengers to 
 or from the same aswell by Lande as by Sea and to order and appoynt what matters 
 or thinges shalbee heard determined done or ordered in anie of the said Courtes or 
 by any of the said Judges Magistrates and Officers with such power and in such 
 forme as it shall seeme good lo the said Sir Fardinando Gorges his heires and as- 
 signes And the said Judges Justices Magistrates and Officers and every or any of 
 them from time to time to displace and remove when the said Sir Fardinando Gor- 
 ges his heires or assignes shall thinke fitt an I to place others in theire roomes and 
 steed And that the Inhabitants and Residents within the said Province and Premis- 
 ses and Passengers to and from the same may within fortie clays after sentence given 
 in the said Couries (where appeales in like Courtes within this Kingdome are admit- 
 ted) appeale to the said Sir Fardinando Gorges his heires or assignes or his or 
 theire generall Governour or Chiefe Deputie of the said Province and Premisses for 
 the tyme being To whome Wee Doe by these Presents for us our heires and succes- 
 ccssors give full power and authoritie to proceede in such Appeals as in like case of 
 Appeales within this our Realmc of England And Wee Doe further for us our heires 
 and successors give and graunte unto the said Sir Fardinando Gorges his heires and 
 assignes full power and authoritie to pardon remitt and release all offences and of- 
 fendors within the said Province and Premisses against all and every or any the 
 said Lawes Ordynances or Constitucons and to doe all and singular other thinges unto 
 the execucon of Justice apperteyning in any Courte of Justice according to the forme 
 and manner of proceeding in such Courtes to be used although in these our Letters 
 Patents there bee noe particuler mencon of the same But Wee Doe nevertheles 
 hereby signifie and declare our will and pleasure to bee the powers and authorities 
 hereby given to the said Sir Fardinando Gorges his heires and assignes for and con- 
 cerning the Governement both Ecclesiasticall and Civill within the said Province and 
 Premisses shalbee subordynate and subject to the power and règlement of the Lords 
 and other Commissioners here for forraigne Plantacons for the tyme being but for all 
 and whatsoever doth shall or maye concerne the proprietie of the said Province Partes 
 and Coastes of the same or any of them or any Owner Shipp or Interest in any Landes 
 Tenements or other Hereditaments Goode3 orChattellsor the nomynateing orappoynt- 
 ingof any Officer or Officers the same is lefte whollie to the said Sir Fardinando Gorges 
 his heires and assignes according to the tenor intent and true meaning of theise Pre- 
 sents And because such Assemblies of Freeholders for makeing of Lawes can- 
 nut alwayes bee soe suddenly called as there may bee occasion to require the same 
 Wee Doe therefore for us our heires and successors give and graunte unto the said 
 Sir Fardinando Gorges his heires and assignes full power and authortie that hee the 
 said Sir Fardinando Gorges his heires and assignes by him and themselves or by 
 his or theire Deputies Magistrates or Officers in that behalfe lawfully constituted 
 shall or maye from tyme to tyme make and ordeyne fitt and wholesome Ordinances 
 within the said Province or Premisses aforesaid to bee keptc and observed as well 
 lor the keepeing of the peace as for the better governement of the people there abide- 
 
87 
 
 ing or passing to or from the same and to publishe the same to all to whome itt ma ye Appendix, 
 concerne which Ordinances Wee Doe for us our heires and successors straishtlv No- n ' 
 comand to hee inviolably observed within the said Province and Premisses under the Gla p • 
 penaltie therein expressed soe as the same Ordinances hee reasonable and not repug- pToWm. "\v.ut. 
 nant or contrary but as neere as may bee agreeable to theLawes and Statutes of our cram bTcim i* 
 Kinglome of England and soe as the same Ordinances doe not extend to the binde- Gorges. 3 " *' "'" 
 ing chargêing or takeing away of the right or interest of any person or persons in 
 theire lives members Freehoulds Goodes or Chattells whatsoever And because in 
 a Country soe farr distant and seated amongst soe many barbarous nations the Incur- 
 sions or Invasions aswell of the barbarous people as of Pirates and other enemies maye 
 be justly feared Wee Doe therefore for us our heires and successors give and 
 graunte unto the said Sir Fardinando Gorges his heires and assignes full power and 
 authoritie that hee the said Sir Fardinando Gorges his heires and assignes aswell 
 by him and themselves as by his and theire Deputyes Captaynes or other Officers for 
 the tyme being shall or lawfullye maye muster leavie rayse armes and ymploye 
 all person and persons whatsoever inhabiteing or resideing within the said Province 
 or Premisses for the resisting or withstanding of such Enymies or Pyrates both att 
 Lande and att Sea and su'h Emmies or Pyrates (if occasion shall require) to pursue 
 and prosecute out of the lymitts of the said Province or Premisses and then (if itt shall 
 soe please God) to vanquishe apprehendeand take and being taken either according to the 
 Lawe of armes to kill or to keepe and preserve them att their pleasure And likewise by 
 force of armes to recover from any person or persons all such Territories Domynions 
 Landes PlacesGoods Chattels and Wares which hereafter shalbee taken from the said Sir 
 Fardinando Gorges his heires or assignes or from his or theire Deputyes Officers or 
 Servants or from any the Plantors Inhabitants or Residents of or within the said Pro- 
 vince or Premisses or from any other Members Aydors or Assistors of the said Sir 
 Fardinando Gorges his heires or assignes or from any other the subjects of us our 
 heires and successors or others in amitié with us our heires and successors in the 
 said Province and Premisses and Coasts or any of them or in theire passage to or from 
 the same And Wee Doe further for us our heires and successors give and graunte 
 unto the said Sir Fardinando Gorges his heires and assignes in case any Rebellion 
 sudden tumult or mutynie shall happen to arise either uppon the said Lande within 
 the said Province and Premisses or any of them or Coastes of the same or uppon the 
 may ne Sea in passing thither or returning from thence or in any such expedicon or 
 service as aforesaid itt shall and may be lawefull to and for the said Sir Fardinando 
 Gorges his heires and assignes as well by him and themselves as by his and theire 
 deputies Captaynes or other Officers under his or theire scale in that behalfe to bee 
 authorised (to whome wee alsoe for us our heires and successors doe give and 
 graunte full power and authoritye to doe and execute the same) to use and execute 
 martial lawe against such RebellsTraytors Mutynersand Seditious Persons in as ample 
 manner and forme as anie Captayne Generall in the Warrs or as any Lieuetennante 
 or Lieueteunants of any Countie within this our Realmc of England by vertue of 
 bis or theire Office or Place maie or have beene accustomed in tyme of Warre Rebel- 
 lion or Mutynie to doe and performe And Wee Doe for us our heires and succes- 
 sors further give and graunte unto the said Sir Fardinando Gorges his heires and as- 
 signes and to all and every Commander Covernour Officer Minister Person and 
 Persons which shall by the said Sir Fardinando Gorges his heires or assignes bee 
 thereunlo authorized or appoyntcd leave lycense and power to erect rayse and 
 builde from tyme to tyme in the Province Territories and Coastes aforesaid and 
 every or any of them such and soe manie Forts Fortresses Platforms Castles Citties 
 Townes and Villages and all Fortificacons whatsover and the same and evei ie of them 
 to fortifie and furnishe wilh men Ordynances Powder Sh'ott Armour and all other 
 Weapons Munition and Habilliments of Warr both for defence and offence whatso- 
 
68 
 
 Appendix, ever as to the said Sir Fardinando Gorges his heirs and assignes and everie or anie 
 
 N "" of them shall seeme rneete and convenient And likewise to conimitt from tyme to 
 
 Grant, sale and tyme the Government Custody and defence thereof unto such person and persons as 
 
 transfer o( the . . . _. -_, ,. - ,^ .... . . in , 
 
 Province oi.Maine. to the said Si r t ardinando Gorges his heires and assignes shall seeme meete and to 
 Gram by diaries the said severall Cit ties Borroujjhcs and Townes to graunte Letters or Charters of In- 
 
 1 '" Sir Ferd: " i i ■ i • 
 
 ' ; -' - corporacons with all Libertyes and thinges belonging to the same and in the said seve- 
 
 rall Cittyes Boroughes and Townes to constitute sucheand soe manie Marketts Marts 
 and Fayres and to graunte such meete Toiles Customes Uutyes and Priviledges to or 
 with the same as by the said Sir Fardinando Gorges his heires or assignes shalbee 
 thought fut And for that Plantacons are subjecte to diverse difficulties and discom- 
 modities Therefore Wee favouring the present beginning of the said Plantacon and 
 haveing a provident care that those whoe ar° greived in one thing may bee releivcd in 
 another Doe of our especiall grace certcyne knowledge and mceru mocon for us our heires 
 and successors give and graunte unto the said Sir Fardinando Gorges his heires and as- 
 signes and to all other our subjects the Dwellers or Inhabitants that shall att any tyme 
 hereafter bee the Plautors of or in the said Province or any of the Premisses free Ly- 
 censc and Libertie for the landeing bringeing in and unladeing or otherwise dispose- 
 ingof all the Wares Merchandize Proffitts and Comodities of the said Province or any 
 the Premisses both by sea and lande either by thcnselves or theire Servants Factors or 
 Assignes in any of the Portes of us our heires and successors within our Kingdumes 
 of England and Ireland payeing onely such Customes Subsidies and Dutyes as our 
 natural! subjects of this our Realme of England shall or ought to paye and none other 
 and to have and enjoye all such Liberties Freedomes and Privyledges for or concerne- 
 ing the exporting of the same agayne without payement of any more Customes or 
 Dutyes and for having agayne of Imposts in such manner and in the like bénéficiait sorte 
 as any of our natural I subjects of this our Realme shall then have and enjoye And 
 Wee Doe alsoe for us our heires and successors give and graunte unto the said Sir 
 Fardinando Gorges his heires and assignes full and absolute power and authoritie to 
 make erect and appoynt within the said Province and Premisses such and soe many 
 Portes Havens Creekes and other Places for the ladeing and unladeing of Shippes 
 Barques and other Vessellsand in such and soe many places and to appoynt such Rights 
 Jurisdiccons Priviledges and Liberlyes unto the said Portes Havens and Creekes be- 
 longing as to hina or them shall seeme meete and that all and singuler Shippes Boyes 
 Barques and other Vessels to bee laden and unladen in any way of Merchandize shal- 
 bee laden or unladen att. such Portes Havens and Creekes soe by the aforesaid Sir Far- 
 dinando Gorges his heires or assignes to be erected and appoynted and not else- 
 where within the said Province Premisses and Coastes and to appoynt what reason- 
 able Toiles shalbee paid for the same and the same Toiles to receive take and enjoye 
 to the said Sir Fardinando Gorges his heires and assignes to his and theire use 
 without accompte to bee therefore made to us our heirs or successors any use cus- 
 tume matter or thinge to the contrary thereof notwithstandinge Saveing allwayes 
 to all our Subjects of this our Kingdome of England Libertie of Fisheing aswell in the 
 sea as in the Creekes of the said Province and Premisses aforesaid and the Priviled^e 
 ofSalteingand dryeing of theire Fishe and Dryeing theire netts uppon the Shoare of the 
 said Province and any the Premisses any thinge to the contrary thereof notwith- 
 standing which said Liberties and Priviledges our pleasure is that the said subjects 
 of us our heires and successors shall enjoye without any noteable dammage or in- 
 jurie to bee done to the said Sir Fardinando Gorges his heires and assignes or the 
 Inhabitants of the said Province or any of the Premisses or in any of the said Portes 
 Creekes or Shoares aforesaid but chiefely in the Woodes there groweing And Wee 
 doe further for us our heires and successors give and graunte unto the said Sir Far- 
 dinando Gorges his heires and assignes full power and authoritie to divide all or anie 
 parte of the Territories hereby graunted or menconed to bee graunted as aforesaid 
 
89 
 
 into Provinces Counties Citties TWnes Hundreds and Parishes or such other parles appendix. 
 or porcons as hee or they shall thinke fitt and in them every or any of them to an- No ' n ' 
 poynt and allott out such porcons of Lande for publique uses Ecclesiastical] and Tern- n,„7T^ ,„ i 
 porall of what kinde soever and to distribute graunte assigne and sett over such Province ofMti'nb 
 particuler porcons of the said Territories Counties Landes and Premisses unto such GraiiwTcharics 
 our subjects or the subjects of any other State or Prince then in amytie with us our Gorçe». 8 '' ' '"' 
 heires or successors for such estates and in such manner and forme as to the said Sir 
 Fardinando Gorges his heires or assignes shall soeme meete and convenient and the 
 said person and persons according to the said Estate and Estates soc assigned and 
 graunted to have and enjoye the same and to make erect and ordeyne in and uppon the 
 said Province and Premisses or in and uppon any of them or any parte or parcell of 
 them soe many several! and distincte Mannors as to the said Sir Fardinando Gorges 
 his heires and assignes from tyme to tyme shall seeme mcetc and to the same scve- 
 rall Mannors to assigne lymitt and appoynt soe muche lande distinctely and several- 
 lie for demeasne Landes of the said several 1 Mannors and every of them as to the said 
 Sir Fardinando Gorges his heires and assignes shall and may seeme necessary and 
 fitt and the said Mannors or any of them to call by such name and names as the said 
 Sir Fardinando Gorges his heires and assignes shall please the said Mannors to bee 
 houlden of the said Sir Fardinando Gorges his heires and assignes by such services 
 and Rents as to him or them shall seeme meete And alsoe that the said Sir Fardi- 
 nando Gorges his heires and assignes shall and may att theire pleasure graunte in 
 freehoulde soemuch of the said demeasne Landes Tenements and Hereditaments belong- 
 ing or to bee belonging to any of the said Mannors to any person or persons theire 
 heires or assignes for and under such rentes and services as to the said Sir Fardinando 
 Gorges his heires or assignes shalbce thought fitt to bee houlden of the said Sir Far- 
 dinando Gorges his heires and assignes as of the said Mannors or any of them re- 
 spectively The Acte of Parliament made and enacted in the eighteenth yearc of King- 
 Edward the First commonly called (Quia Emptorcs Terrarum) or any other Statute 
 whatsoever or any other matter or thinge whatsoever to the contrary thereof in an\ 
 wise notwithstandinge And that hee the said Sir Fardinando Gorges his heires and 
 assignes shall have houlde and keepe within the said severall Mannours soe to bee 
 erected suche and soe many Courtes aswell Courte Leetcs as Courtes Barons as to 
 our Lawes and Statutes of England shalbee agreeable And Wee Doe further for us 
 our heires and successors give and graunte unto the said Sir Fardinando Gorges his 
 heires and assignes for ever all Admirall Rights Benefitts and Jurisdiccons and like- 
 wise all Priviledges and Commodities to the said Admirall Jurisdiccons in any wise 
 belonging or appertcyning in and uppon the Seas Rivers and Coastes of or belonging 
 to the said Province and Premisses or every or any of (hem or to the same adjoync- 
 ing within twentie leagues of the said Province and Premisses or any of them and 
 in and uppon all other Rivers and Creekes thereof And likewise power to heare and 
 determine all manner of Pleas lor and concerning the same Saveing allwavos to us 
 our heires and successors and to the Lord High Admirall of England for the tyme 
 being of us our heires and successors all and all manner of Jurisdiccons Rights Pow- 
 ers Benefitts and authorities whatsoever incident or belonging to the said office of 
 Admirall which itt shalbee lawfull from tyme to tyme to us our heires or successors 
 or the Lord High Admirall of England for the tyme being to have use and exercise 
 within the said Province and Premisses and the Seas or Rivers thereof or within 
 twentie leagues of the same as aforesaid when wee shall thinke fitt And Wee Doc 
 for us our heires and successors give and graunte unto the said Sir Fardinando Gor- 
 ges his heires and assignes full power and authorise att any time or times hereafter 
 by him or themselves or by his or theire Deputies to administer reasonable oathes t.> 
 all Judges Justices Magistrates and other officers whatsoever by the said Sir Fardi- 
 nando Gorges his heires and assignes his or theire deputyes to be elected att the 
 
90 
 
 appendix, eleccon oi' them to theire severall offices and places or within convenient time 
 
 _ n ' after And alsoe that hee the said Sir Fardinando Gorges his heires and assignes 
 
 Gram, Sale. and shall have full power and authoritie asvvell by him and themselves as by his or 
 
 transfer of the Pro- , „, ■ r »i r\cc i i ■ i 
 
 riuo oi Maine, their deputie or other Chiele Magistrate or UJncer by him or them to bee in that 
 Grant i>y Charles behalfe appointed to give and administer reasonable oathes to all or any person or 
 
 i. to Sir Ferd. ' ' " . . J ' 
 
 persons of what degree or quallitie soever imployed or to be ymploycd in or 
 about the said Province Premisses and Territories aforesaid or anie of them or in 
 or about the Coasts of the same And likewise to all or any Inhabitants and others 
 that shalbee or remayne within the said Province and Premisses or any of them for 
 the true and faithfull execucon and performaunce of theire several! charges and places 
 or for the exaiacon and cleareing the truth and likewise for the Informacon and better 
 direccon of his and theire judgments in any matter or cause whatsoever concerning the 
 said Sir Fardinando Gorges his heires or assignes or any Inhabitant member or Person 
 belonging or repayring unto the said Province and Premisses or any of them or any 
 parte of them And in all causes Accons Suits and Debates there to bee begun and pro- 
 secuted as the nature of the cause shall require And further of our more espeaciall 
 grace certeyne knowledge and meere mocon Wee Doe hereby for us our heires and 
 successors graunte unto the said Sir Fardinando Gorges his heires and assignes that 
 itt shall and may bee lawful] to and for the said Sir Fardinando Gorges his heires and 
 assignes and every of them from tyme to tyme to sett to Sea such and soe many 
 Shipps Pinnaces Barges Boates and other Vessells as shalbee thought fitt by the 
 said Sir Fardinando Gorges his heires and assignes prepared and furnished with Or- 
 dinances Artillery Powder Shott Victualls Municon or other Weapons or Abiliments 
 of Warr aswell invasive as defensive in warlike manner or otherwise and with such 
 number of Men Weomen and Children as the said Sir Fardinando Gorges his heires 
 or assignes shall thinke fitt such voyage into the said Islands and Places or any parte 
 thereof aswell for the Plantacon and Fortificacon thereof as otherwise And that 
 these Presents shalbee a sufficient Lycense and Warrant for any person or persons that 
 shalbee by him or them sent and ymployed thither to goe beyonde the Seas and in 
 that manner soe as the persons soe to bse shipped sent or transported as aforesaid 
 bee not such as are or for the tyme being shalbee prohibited by Proclamacon of us 
 our heires or successors or by any order or orders of the Lords or others Commission- 
 ers for Forraigne Plantacons for the tyme being And Wee Doe for us our heires and 
 successors further graunte to and with the said Sir Fardinando Gorges his heires 
 and assignes that onely hee the said Sir Fardinando Gorges his heires and assignes 
 and his and theire Factors Agents and such as shalbee imployed sent lycensed or al- 
 lowed by him or them and noe other person or persons whatsoever excepte before 
 excepted shall repayrc or goe into the said Province of Mayne and Premisses afore- 
 said and the places within the ly mitts and coasts thereof or any of them to dwell 
 inhabite or abide there nor have use or enjoye the libertie use and priveledges of 
 trade or traffique unto in or from the said Province and Premisses or any of them 
 or buying selling bartering or exchangeing for or with any Wares Goodes or Mer- 
 channdizes there whatsoever And likewise that itt shall and may bee lawful! to 
 and for the said Sir Fardinando Gorges his heires and assignes and for all and every 
 other person and persons that shalbee lycensed or allowed by the said Sir Fardinando 
 Gorges his heires or assignes from henceforth and at all other tymes and from tyme to 
 tyme after the date of these our Letters Patents according to the orders and eonstitu- 
 eons of the said Sir Fardinando Gorges his heires and assignes not being repugnan- 
 to our Proclamacons and Orders of the Lords and others our Commissioners as aforet 
 said to take convey carrie and transport for and towards the Plantacon of the said 
 Province and Premisses or any of them or to bee used there or in the passage thither 
 or returning from thence and there to leave abide and inhabite all such and soe 
 many of our loveing subjects or any other Strangers that will become our subjects 
 
91 
 
 and live under our alleagiance as shall willingly transport themselves or bee trans- appendix. 
 ported thither and that such our subjects or Strangers may togeather with theire per- NtK 
 sons send carrie or convey thither asvvell Shipping Armour Weapons Ordinance Grant, Sale, anil 
 Municon Powder Shott and Habiliments of VVarr as Victualla Canvas Lynnen Wool- vince or Maine, 
 len Cloath Tooles Ymplements Furniture Twyne and Piillcii Goodcs Wares and Mer- Grant in Charles 
 chandizes of all kmdes and sortes whatsoever htt and necessary lor the toode lyvely- Gorges, 
 hood habitacon apparrell or Defence of our subjects which shall there inhabite and 
 bee and all other Wares Merchandizes and Goods whatsoever not prohibited by the 
 Lawes or Statutes of this our Kingdome payeing customes and other duties as other 
 our subjects doe in such cases And of our further Royall favour Wee Have graunted 
 And by these Presents for us our heires and successors Wee Doe graunte unto the said 
 Sir Fardinando Gorges his heires and assignes that the aforesaid Province Rivers 
 and Places hereby before menconed to bee graunted or any of them shall not bee 
 traded in or unto nor inhabited by any of the subjects of us our heires and succes- 
 sors without the speaciall lycense of the said Sir Fardinando Gorges his heires and 
 assignes And therefore Wee Doe hereby for us our heires and successors charge and 
 comand prohibite and forbidd all the subjects of us our heires and successors of 
 what degree qualitie or condicon soever they bee that none of them directlie or in- 
 directlie presume to trade or adventure to trafiique into or from nor to inhabite or 
 abide in the said Province of Mayne Island Dominion and Places hereby menconed 
 or intended to bee graunted or any of them other then the said Sir Fardinando 
 Gorges his heires and assignes and his and theire deputies and factors unies ilt bee 
 with the license and consent of the said Sir Fardinando Gorges his heires and as- 
 signes first had and obteyned in that behalf in writeinge under his and theire hands 
 and seales under payne of our indignacon and alsoe of suche penaltyes and punish- 
 ments as by the Lawes and Ordinances of the said Sir Fardinando Gorges his heires 
 and assignes to bee made in that behalfe shalbee appoynted And Wee Doe further 
 for us our heires and successors graunte unto the said Sir Fardinando Gorges his 
 heires and assignes that all and every the persons being the subjects of us our heires 
 and successors which shall goe or inhabite within the said Province and Premisses 
 or any of them and all and everie the children and posteritie discending of English 
 Scottish or Irish Parents which shall happen to bee borne within the same or uppon 
 the seas in passing thither or from thence from henceforth ought to bee and shalbee 
 taken and reputed to bee of the alleagiance of us our heires and successors and 
 shalbee and soe shalbee forever hereafter esteemed to bee the naturall borne subjects 
 of us our heires and successors and shalbee able to pleade and bee ympleaded and 
 shall have power and bee able to take by discent purchase or otherwise Landes Tene- 
 ments and Hereditaments and shall have and injoy all Liberties Francheses and Immu- 
 nityes of or belonging to any the naturall borne subjects of this our Kingdome of Eng- 
 land within this our Kingdome and within all or anie other of our Domynions to all 
 intents and purposes as if they had beene abydeing and borne within this our King- 
 dome or any 7 other of our Dominions And Wee Doe further for us our heires and 
 successors give full power and authoritie to the said Sir Fardinando Gorges his heires 
 and assignes or any person or persons to bee thereunto nominated by the said Sir 
 Fardinando Gorges his heires or assignes to minister and give Oathes of Alleagiance 
 and supremacie according to the formes now established in this our Realme of Eng- 
 land to all and every such person and persons as the}' shall thinke fitt that shall att 
 any tyme or tymes goe or passe into the said Province and Places or any of them or 
 shalbee resident or abideing there And our further Will and pleasure is and Wee Doe 
 by these Presents for us our heires and successors Covenant promise and graunte to 
 and with the said Sir Fardinando Gorges his heires and assignes that if hee the said 
 Sir Fardinando Gorges his heires or assignes shall att any tyme or tymes hereafter 
 uppon any doubte which hee or they shall conceave concerning the validitie and 
 
92 
 
 Appendix, strength of this our present graunte bee desireous to renevve the same from us our 
 
 No- 1L heires or successors with amendment of such ymperfeccons and defects as shall ap- 
 
 crani.saie, and peare fitt and necessary to bee reformed and amended by us our heires and successors 
 
 IZ'f'ur Man,e!°" that then uppon the humble peticon of the said Sir Fardinando Gorges his heires and 
 Granti^chariea assignes such further and better assurance of all and singuler the Premisses hereby 
 
 dorses. ' graunted or menconed or intended to bee graunted according to the true meaneing of 
 
 these our Letters Patents shall from tyme to tyme by us our heires and successors 
 bee made and graunted unto the said Sir Fardinando Gorges his heires and assignes as 
 by the Attorney Generall of us our heires and successors for the tyme being and the 
 Learned Councell of the said Sir Fardinando Gorges his heires and assignes shall in 
 that behalfe bee reasonably devised or advised And further Wee Doe hereby for us 
 our heires and successors chardge and commaunde all and singuler Admiralls Vice- 
 admiralls Generalls Comaunders Captaynes Justices of Peace Maiors Sheriffs Bay- 
 liffs Constables Customers Comptrollers Collectors Waiters Searchers and all other 
 the officers and Ministers of us our heires and successors whatsoever aswell novvc 
 as hereafter for the tyme being to bee from tyme to tyme in all things aydeing 
 and assisting unto the said Sir Fardinando Gorges his heires and assignes and to his 
 and theire officers Factors and agents and to every or any of them uppon request 
 made as they tender our pleasure and will avoyde the contrary att their perills And 
 Wee Doe will and for us our heires and successors Doe declare and ordeyne that the 
 said Province and Premisses shalbee ymediately subject to our Crowne of Englandfr 
 and dependant upon the same for ever And further Wee Will and by these Pre- 
 sents for us our heires and successors Doe graunte to the said Sir Fardinando Gorges 
 his heires and assignes that these our Letters Patents or the enrollment of them 
 shalbee in all things and to all intents and purposes firme good effectuall and sufficient 
 in the lawe against us our heires and successors aswell in all Courts as elsewhere 
 within our Kingdome of England or in any other our Kingdomcs and Domynions as 
 in the said Province and Premisses aforesaid or in any of them and shalbee construed 
 reputed and taken aswell according to the true meaning and intent as to the wordesof 
 the same most benignely favorably and beneficially to and for the said Sir Fardinando 
 Gorges his heires and assignes (noe interpretacon being made of any worde or sen- 
 tence Whereby Gods worde true Christian Religion now taught professed and mayn- 
 teyned the fundamental! Laws of this Realme or Alleagiance to us our heires or succes- 
 sors may suffer prejudice or diminucon) any omission misinformacon want of 
 certaine expresse of the contents lymitts and boundes or the certeyne scituacon of 
 the said Province and Premisses aforesaid hereby meant or menconed to be graunted 
 or in what height longitude or degrees the same are or any defect in these Presents 
 or any Lawe Statute or other cause or matter to the contrary notwithstanding And 
 although expresse mencon bee not made of the true yearely value or certeyntie of the 
 Premisses or any of them and notwithstanding an}' misnameing and not certeyne or 
 particuler nameing of the said Province Places Landes Territories Hereditaments and 
 Premisses whatsoever before by these Presents given graunted confirmed or men- 
 coned and intended to bee graunted or confirmed or any parte thereof or the mis- 
 nameing or not nameing or not rightly nameing of the degrees and Coasts wherein 
 or whereuppon the same or any of them doe lie or any Acte of Parliament Statute 
 Ordinaunce Proclamacon or restraint heretofore made ordeyned or provided or any 
 other thinge cause or matter to the contrary notwithstanding Nevertheless our 
 intent and meaneing is that out of the Premisses hereby graunted or menconed to bee 
 graunted there shalbee always saved and reserved to all and every such person and 
 persons as have or hath any lawefull graunte or graunts of Landes or Planlacons law- 
 lully setled in the division and Premisses aforesaid the free houlding and enjoyeing of 
 his and theire right with the Liberties thereunto apperteyning bee or they relinquish- 
 ing and layeing downe all his or theire Jura Regalia (if hee or they have any) to the 
 
93 
 
 said Sir Fardinando Gorges his heires and assignes whomc wee have hereby made Appendix. 
 Proprietor of the Province or Devision and Premisses aforesaid and payeing some No ' 11- 
 small acknowledgement to the said Sir Fardinando Gorges his heires and assignes for Gram Sale and 
 that hee or they are now to houldc theire said Landes anew of the said Sir Fardinando vine e of Vainc™ 
 Gorges his heires and assignes In Wittnes &c Wittnes our selfe alt Westminister the Granibyci ■ 
 
 . • i i r a -ii '• '" S >' lv "' 
 
 third day oi Aprill — <;or gc ?. 
 
 P. Ere. Privato Sigillo. 
 
 This is a true Copy from the Original Record remaining in the Chapel of the Rolls, 
 having been examined. 
 
 JOHN KIPLING. 
 
 CSED OF FERBXMANDO GORGES TO JOHN USHER, 
 
 13TII MARCH, 1677. 
 This Indenture made the thirteenth day of March in the thirtieth year of the DeedofSirFei 
 
 dinando Gorges lu 
 
 Reign of Our Sovereign Lord Charles the Second by the Grace of God of England Jolm Usner - 
 Scotland France and Ireland King Defender of the Faith &c Annoq Domini 1077 
 Between Ferdinando Gorges of Clewers in the County of Berks in the Kingdom of 
 England Esqr Son and Heir of John Gorges late of the City of Westminster in the 
 County of Middlesex Esqr Deceased who was Son & Heir of Sir Ferdinando Gor- 
 ges late of Aston Phillips in the County of Sommersett, Knight, of the one Part, And 
 John Usher, of Boston, in New England in America, Merchant of the other Paît: 
 Witnesseth, that the said Ferdinando Gorges for and in consideration of the sum 
 of one thousand two hundred & fifty pounds, of lawful English money to him the 
 said Ferdinando Gorges in hand well and truly paid by the said John Usher at & 
 before the sealing and delivery of these Presents, The Receipt whereof the said Ferdi- 
 nando Georges doth hereby acknowledge, & thereof & of every part thereof doth 
 absolutely acquit, discharge & release the said John Usher his heirs, Executors & 
 administrators, and every of them by these Presents, hath granted, bargained & 
 sold, and by these Presents doth grant, bargain & sell unto the said John Usher 
 and his Heirs all that County Palatine, Part, Purparty, or Portion of the Maine Land 
 of New England aforesaid, called or known by the name of the Province or County 
 of Maine, beginning at the entrance of Piscataqua Harbour >.$• so to pass up 
 the same unto the River of Newichewaimock and through the same unto the fur- 
 thest Head thereof and from thence Northwestward till one hundred, and twenty 
 miles be finished: and from Piscaluqua Harbour mouth aforesaid, Northeastward 
 along the Sea Coast to Sagadahock, and up the River thereof to Kynybequy 
 River and through the same unto the head thereof and into the Land Northwest- 
 ward untill one hundred £,• twenty ?ni/es be ended, being accounted from ihe 
 mouth of Sagadahock; §■ from the period of one hundred &? twenty miles 
 aforesaid to cross over land to the one hundred $• twenty miles End formerly 
 reckoned up into the Land from Piscataqua Harbour through Newicheioannock 
 river: ,lnd alsoe the north half of the Isles of Shoales together with the Isles of 
 Capawock <$• Nawtican, near Cape Cod, as also all the /stands and Islets tying 
 within five Leagues of the Maine all along the aforesaid Coasts between the afore 
 ■said Rivers of Piscatawa fy Sagadahock, and all lands, grounds, places, soils, 
 woods, waters, rivers, lakes, ports, havens, creeks and harbors, to the said Province, 
 Limits and Premises or any part thereof belonging, or in any wise appertaining, or 
 accepted, or being part parcell or member thereof, And also all and singular Royal- 
 ties, Fishings, Royall & other Minerals, Mines of Gold & Silver or other metals or 
 
 24 
 
94 
 
 Sppendix. mineral whatsoever, Waifes, Estraycs, Pyrates goods, Deodands, Fines, Amerciaments, 
 No. 11. Wrecks Treasure Trove Goods fy Chattels of Felons and Felons of themselves, Jura 
 
 Grant, sale, ™d Regalia, Powers, Rights, Jurisdictions, Ecclesiastical, Civil, Admiral §• Military Pri- 
 viiice of Maine™ ledges, Perogatives, Governments, Liberties, Immunities, Francliises, Authorities, 
 
 Deed orsir Fer- Proffits, Prehemincnees, & Hereditaments whatsoever, with their and evcrv of their 
 
 rlinando Gorges to .... 
 
 j«hn usher. Rights, Members &. Appurtenances happening, growing arnsing or accruing, or to be 
 exercised, extended or enjoyed within the said Province limits Coasts or other the 
 Premises or any part thereof; and also all other the lands, tenements, Jura Regalia, 
 Powers, Franchises, Jurisdictions, Royalties, Governments, Priviledges 8? Heredita- 
 ments whatsoever granted or mentioned or intended to be granted unto the said Sir 
 Ferdinando Gorges his heirs & assigns by Letters Patents under the great Seal of 
 England bearing date the third day of April in the fifteenth year of the Reign of our 
 late Sovereign Lord King Charles the first, or by any other Letters Patents, charters 
 Deeds or Conveyances whatsoever: And also all other the lands tenements, Royalties, 
 Jurisdictions, Governments, Franchises & Hereditaments whatsoever cf him the said 
 Ferdinando Gorges, scituate, lying and being, or happening arrising or accruing or to 
 be exercised or enjoyed within New England aforesaid or elsewhere in America afore- 
 said, And the Reversion & Reversions Remainder & Remainders, Rents issues, Ser- 
 vices & Profits, of all and singular the Premises, & evuiy Part & parcell thereof: 
 and all the Estate, title, interest, equity, trust, claim & demand whatsoever, of him 
 the said Ferdinando Georges of in & unto the Premises &. every part and par- 
 cell thereof, To have and to hold the said County Palatine, Lands, Tenements, Juris- 
 dictions, Governments, Franchises, Hereditaments & Premises therein before express- 
 ed and intended to be hereby granted, bargained, sold & conveyed, and every part and 
 parcell thereof, with their and every of their Rights, Members & Appurtenances unto 
 the said John Usher his heirs and assigns; To the only use and behoof of the said 
 John Usher his heirs and assigns forever, And the said Ferdinando Gorges for him- 
 self his heirs, Executors and administrators, and every of them, doth covenant, Pro- 
 mise & grant to and with the said John Usher, his heirs and assigns by these Pre- 
 sents, That he the said Ferdinando Gorges (notwithstanding any act, matter or 
 thing by him the said Ferdinando Gorges or the said John Gorges his late Father 
 deceased, or the said Sir Ferdinando Gorges clone, executed or suffered to the con- 
 trary) now is and standeth seized of an absolute, perfect & indefeasable Estate of in- 
 heritance in fee simple of and in the said County Palatine, Lands tenements, Jurisdic- 
 tions Governments, Franchises, Hereditaments and Premises hereby granted & con- 
 veyed, and every part & parcell thereof, with their & every of their Rights, Mem- 
 bers and appurtenances, without any manner of Conditions, Restraint, Contingency, 
 limitation or Power of Revocation to alter change, Clog, Evict or Determine the 
 same, and also that the said Ferdinando Gorges for and notwithstanding any act or 
 tiling as aforesaid, now hath full power, true title, real interest, and absolute authority 
 to grant and convey the said County Palatine, Lands, Tenements, Jurisdictions, Gov- 
 ernments, Franchises, Hereditaments & Premises, & every part & parcell thereof 
 with their &. every their Rights, members & appurtenances unto the said John 
 Usher his Heirs & assigns, as in & by these Presents is mentioned & expressed. 
 And Further, that the said County Palatine, Lands, Tenements, Jurisdictions, Gov- 
 ernments, Franchises, Hereditaments & Premises, hereby conveyed or mentioned & 
 expressed to be hereby conveyed, at the time of the sealing & delivery of these pre- 
 mises are & so at all times hereafter shall, remain, continue & be, to the said John 
 Usher his heirs & assigns free and clear, and freely & clearly acquitted, Dis- 
 charged and indemnified or otherwise sufficiently & effectually saved harmless of and- 
 from all manner of former and other Gifts, Giants, Bargains, Sales, Wills, Entales, 
 Mortgages, Rents, Charges, arrearages of Rents, Fines, Amerciaments, Statutes, Re- 
 cognizances, Judgements, debts & accompts to the King's Majesty, Intrusions, Seizures^ 
 
95 
 
 Extents &. Executions & of and from all anil singular other charges, estates, titles, Appendix. 
 troubles, incumbrances & demands whatsoever, had, made, committed, procured, 
 occasioned, done, or suffered by the said Ferdinando Gorges, or by the said John Grant, Sale nnd 
 Gorges, late Father of the said Ferdinando Gorges, or by the said Sir Fcrdinando Gor- Province ofMaine. 
 «■•es, or by any other person or persons whatsoever, claiming by, from, or under him, DeednfSn Fei 
 
 8 > J J ' il t r. o-" ' rtinnndn Gorge ■ lo 
 
 them, either or any of them except all Leases, Grants & conveyances of any Lands, •JoimiMicr. 
 parcell of the Premises bona fide made by the said John Gorges deceased, or by the 
 said Sir Ferdinando Gorges, in order to the Planting of the same Province, upon 
 which is reserved respectively some acknowledgment, rent, duty or service; And 
 also except one indenture of grant & Conformation made by the said Ferdinando 
 Gorges unto one Nathaniel Phillips of Parcell of the premises, bearing date the sixth 
 day of May in the two & twentieth year of his now Majesty's Reign, & to the 
 Heirs of the said Phillips: and the said Ferdinando Gorges, for himself his heirs, 
 executors & administrators doth Covenant, promise & grant to and with the said 
 John Usher, bis heirs & assigns, by these Presents, that he the said Ferdinando Gor- 
 ges, his heirs & assigns, and all & every other person & persons lawfully having, 
 claiming or deriving any manner of Estate, Right, Title, Interest, Equity, Trust or 
 Demand whatsoever, of in or to the said County Palatine, Lands, Tenements, Jurisdic- 
 tions, Governments, Franchises, Hereditaments & premises hereby conveyed or men- 
 tioned or intended to be hereby conveyed & every part and parcell thereof, with 
 their & every of their rights, members & appurtenances, by from, or under him 
 the said Ferdinando Gorges or John Gorges deceased or by, from or under the said 
 Sir Ferdinand Gorges, eitiier or any of them (except as before excepted) shall and 
 will, from time to time, and at all times, hereafter during the space of seven years next 
 ensuing the date of these Presents, upon the reasonable request, &. at the cost &. 
 charges in the law of the said John Usher his heirs or assigns, make, sutler, perfect 
 &. execute, or cause & procure to be made suffered perfected &. executed all and 
 every such further and other lawful & reasonable act & acts, thing & things, device 
 & devices, conveyances and assurances in the Law, whatsoever, for the further, 
 better, more absolute & effectual surety & sure making of the said County Palatine, 
 Lands, tenements, Jurisdictions, Governments, Franchises, Hereditaments & premises 
 with their & every of their Rights, members & appurtenances unto the said John 
 Usher his heirs & assigns, according to the true intent & meaning of these pre- 
 sents, be it by fine or fines, with proclamations, recovery or recoveries, deed or deeds 
 enrolled, the enrollment of these presents, release, conformation or otherwise, or by 
 all or as many Ways or Means whatsoever as by the said John Usher his heirs & 
 assigns or his & their Councill learned in the Law, shall be reasonably devised, ad- 
 vised or required so as no further or other Warranty or Covenant be therein contained 
 or implied than against such person and persons respectively who shall be so required 
 to make the same, and so as such person & persons be not compelled or compellable 
 to travail further for the Doing thereof than the place of his or their Habitation. In 
 Witness whereof the parties above named in these Indentures have interchangeably 
 set their hands & seals the day and year first above written, 
 
 FERDINANDO GORGES 
 And a Seal appendant. 
 
 Endorsed, Sealed & delivered with these Words (and also except one Indenture 
 of Grant & Confirmation made by the said Ferdinando Gorges unto one Nathaniel 
 Phillips, of parcell of the Premises, bearing date the sixth day of May in the two 
 & twentieth year of his now Majesty's Reign, and to the heirs of the said Phillips) 
 interlined between the eight & thirtieth & nine & thirtieth Lines of this Indenture, 
 
96 
 
 Appendix, before the insealing & delivery thereof in the presence of us Robert Lee, Richard 
 No ' n ' Penner, John Phillips, Robert Humphries, William Hawkins 
 
 Grant, Sale and 
 
 Province of Maine. Irrotulatur in Mcmorand: Saci: Dni: Regis Caroli Sedi: apud Westminster 
 
 Deed of su- Fer- (viz:) de Termno: Paschse: Anno tricessimo Rolle: eg: pte: Remen- 
 
 dinando Gorges to 
 
 John Usher. dator ejusd: Dni: Regis. 
 
 CUGGINS 
 
 That this is a true Copy compared by myself Mr Cooke & Mr Addington to 
 the best of our understanding, as to the recording it in Court hand, the Deed, Word 
 for Word with its original, the Second of April 16S3, as 
 
 Attest, EDWARD RAVVSON Sec 
 
 Commonwealth op Massachusetts, 
 
 Secretary's Office, May 5, 1S2S. 
 
 I hereby certify, that the foregoing paper is a true and exact copy of record, 
 as the same is recorded in this Office, in a volume bearing the Title of 
 " Crown Commission Book," and that a similar copy is on file. I fur- 
 [l. s.] ther certify, that the original Instrument, of which the preceding pur- 
 
 ports to be a Copy, is not, as far as I am able to discover, in the 
 Archives of State of this Commonwealth, nor to my knowledge is it 
 in existence; and that the Copies above-mentioned, are the only Copies 
 on the records or files of this Office. 
 
 In testimony of which, I have hereunto affixed the Seal of the Com- 
 monwealth, in my custody and possession. 
 
 EDWARD D. BANGS, 
 Secretary of the Commonwealth. 
 
 DEED OP JOHN USHER 
 
 TC THE MASSACHUSETTS BAY COMPANY, 1677. 
 
 Usher to the Ma* This Indenture made the fifteenth day of March in the thirteenth year of the 
 company! reign of Our Sovereign Lord Charles the Second by the grace of God of England 
 
 Scotland France and Ireland King Defender of the Faith &c. Annoq. Domini 1677 
 between John Usher of Boston in New England in America Merchant, of the one 
 part and the Governour and Company of the Massachusetts Bay in New England of 
 the other part Witnesseth That the said John Usher for and in consideration of 
 the sum of one thousand two hundred and fifty pounds of Lawful English Money to 
 him the said John Usher in hand well and truely paid by the said Governour before 
 the sealing and delivery of these Presents the receipt whereof the said John Usher 
 doth hereby acknowledge and thereof and of every part thereof doth absolutely cxhon- 
 irate, acquit and discharge the said Governour and Company and their Successors, by 
 these presents, hath granted, bargained, sold, released, and comfirmed and, by these 
 Presents, doth grant, bargain, sell, release and confirm unto the said Governour and 
 Company, their successors and assigns forever, all that County Palatine, Part, Pur- 
 part or portion of the Maine Land of New England aforesaid, called or known by the 
 name of the Province or County of Main, beginm ng at the entrance of the Piscalaqua 
 harbour, and so to pass tip the same into the River of Newichewanoche and through 
 
97 
 
 the saine unto the further head thereof ; And from, thence Northwestward until! one Appendix. 
 hundred and twenty miles be finished; And from Piscalaqua Harbour mouth afore- 
 said Northeastward along the Sea Coast to Sagadahock and up the River thereof to Grant, Sale and 
 the Kenebeguy River, and through the same unto the head thereof and into the Pmvinceof Miiirc. 
 
 land Northwestward untill one. hundred and twcntii miles be ended, being account- OeeA of John 
 
 1 >liri in ilie M:i> 
 
 ed from tlie mouth of Sagadahoc, and from the Period of one hundred and twenty «?«h«»ti« Ba> 
 miles aforesaid, to cross ove? land to the one hundred and twenty miles end for. 
 mcrly reckoned up into the land, from Piscalaqua Harbour through Ncwichcwa- 
 nockc River, and also the North half of the Isles of Shoalcs together with the 
 Isles of Capuwoclc and Nawlican near Cape Cod as also all the Islands and Isletls 
 lying within five leagues of the Maine, all along the aforesaid Coast between the 
 aforesaid rivers of Piscalaqua and Sagadahoc and all Lands, Grounds, Places. 
 Soyles, Woods, Waters, Rivers, Lakes, Ports, Havens, Creeks and Harbours to the said 
 Province limits and premises or any part thereof belonging, or in any wise apper- 
 taining, or accepted or being part, parcell or member thereof, And also all and singu. 
 lar Royalties, Fishings, Royall and other Minerals, Mines of Gold and Silver, or other 
 Metal or Minerals whatsoever, Waifes,Estrayes,Pirates,Goods, Deodands, Fines Amer- 
 ciaments, Wrecks, Treasure, Trove Goods and Chattels of Felons, and Felons of them- 
 selves; Jura Regalia, Powers, Rights, Jurisdictions, Exclesiastical, Civil, Admiral and 
 Military Privileges, Prerogatives, Governments, Liberties and Immunities, Franchises, 
 Authorities, Proflits, Prcheminenccs, and hereditaments whatsoever, with their and 
 every of their Rights, Members and appurtenances happenning, growing, arising or 
 accruing, or to be exercised, extended or enjoyed within the said Province Limits, 
 coasts, or other the premises, or any part thereof, with all other the Lands, Tenements 
 and Hereditaments, Royalties and Jurisdictions whatsoever, in New England in Ame- 
 rica, or elsewhere in America aforesaid, of Sir Ferdinando Gorges Knt. , deceased, John 
 Gorges, Esq., deceased and Ferdinando Gorges, Esq. or either of them, in as full 
 and ample manner, to all intents, constructions and purposes as the same were grant- 
 ed and conveyed unto the said John Usher, and his Heirs; and reversion and Rever- 
 sions, Re niin 1er and Remainders, Rents, Issues, Services and Promts of all and sin- 
 gular the premises, and every part and parcel! thereof, and all the Estate, Title, Interest, 
 Equity, Trust, Claim and demand whatsoever of him the said John Usher of in and 
 unto the premises and every part and parcell thereof, together with all Letters Patents, 
 Deeds, Evidences and writings concerning the premises only, or only any part thereof: 
 To have and to HoLn the said County Palatine, Lands, Tenements, Jurisdictions, 
 Governments, Franchises, Hereditaments and Premises, herein before expressed and 
 intended to be hereby granted, bargained, sold and conveyed, and every part and parcell 
 thereof with their anil every of their Rights, Members and appurtenances, unto the said 
 Governour ami Company, their successors and assigns, to the only use and behoof of the 
 said Governour and Company, their successors and assigns, forever, together with all 
 Letters Patents Deeds Evidences, and Writings concerning the Premises only or only 
 any part thereof. And the said John Usher for himself, his heirs, executors and ad- 
 ministrators, and every of thorn, doth covenant, promise and grant to and with the 
 said. Governour and Company their successors and assigns by these Presents that he 
 the said John Usher (notwithstanding any Act Matter or thing by him the said John 
 Usher or any claiming by from or under him done executed or suffered to the contrary) 
 now is and standeth seized of an absolute, perfect and indefeasable Estate of inheritance 
 in Fee Simple of and in the said County Palatine, Lands Tenements, Jurisdictions, Go- 
 vernments, Franchises Hereditaments and premises hereby granted and conveyed 
 or mentioned or intended to be hereby granted and conveyed and every part anil 
 
98 
 
 •Appendix. Commonwealth or Massachusetts, 
 
 No ' n ' Secretary's Office, May 5th, 1828. 
 
 Grant, Sale and .-,,.-. ..-, P 
 
 transfer of aie I hereby certify that the foregoing paper is a true and exact copy of record, as the 
 
 Province of Maine J ii_-i_"ir#i 
 
 same is recorded in this office, in a volume bearing the title of li Crown Commission 
 Book;" which record immediately succeeds that of the instrument of conveyance 
 from Ferdinando Gorges to John Usher, in the same volume; but was not completed, 
 and remains in the said volume in an unfinished state, as appears bv the foregoing 
 copy. I further certify, that the original instrument, of which the preceding 
 appears to be, in part, a copy, is not, as far as I am able to discover, in the Archives 
 of State of this Commonwealth; nor, to my knowledge, is it in existence. And that 
 there is not on the records or files of this office any other copy of the instrument of 
 conveyance from John Usher to the Governor and Company of Massachusetts Bay, 
 than the imperfect one, of which the preceding paper is a transcript. 
 
 In testimony of which, I have hereunto affixed the seal of the Common- 
 [l. s.] wealth in my custody and possession. 
 
 EDWARD D. BANGS, 
 Secretary of the Commonwealth. 
 
 EXTRACT 
 
 FROM THE GENERAL COURT RECORDS UNDER DATE OF OCTOBER 2ND, 1678. 
 "This Court having voted the acceptance of the bargaine of our Agents for the 
 
 Extracts from or e> S 
 
 ',!"" M » ssacliust '" s Province of Maine, doe order that the Treasurer take effectuall order for the payment 
 thereof, according to their engagement, and for his enablyng therein, that the customes. 
 be security to himself and such as shall lay downe the money in the country's behalfe, 
 untill they be fully sattisfied for both principal], exchange and loane. 
 
 "Also, this Court doth desire the Governor and Council to take order for the im- 
 provement, government and disposall of the sayd place, by sale or otherwise, for the 
 reimbursing the sayd money into the country's treasury, as to them shall seeme most 
 meet and best." 
 
 Commonwealth of Massachusetts, 
 
 Secretary's Office, May 7, 1S2S. 
 
 I hereby certify, that the above is a true copy from the original records of the 
 General Court of the Colony of Massachusetts Bay, under date of the second of Oc- 
 tober, Anno Domini one thousand six hundred seventy-eight, (Oct. 2, 1678.) 
 
 In testimony of which, I have hereunto affixed the seal of the Common- 
 [l. s.] wealth in my custody and possession. 
 
 EDWARD D. BANGS, 
 
 Secretary of the Commonwealth. 
 
 Jit a General! Court for Elections held at Boston, 28lh May, 1679. 
 
 'This Court having, in October sessions last, passed a vote empowering our 
 honored Governor and Council to improve or dispose of the Province of Mayne, by 
 sale or otherwise, for reimbursing what money was layd out in England for purchase 
 
99 
 
 thereof, on further-consideration dee sec cause to recall the sayd vote, and declare they Jippendix. 
 judge meete to keepe the sayd Province in the country's hand, according to contract No ' 11, 
 made by our Commissioners, and untill this Court take further order therein." r.rant, Sale and 
 
 transfei «>i the 
 Proviuceoi Maim . 
 
 Extracts from 
 iii' Massachusetts 
 
 Uccr.r.ls. 
 
 Jit a Generall Court specially called by the Governor and Assistants, at Boston, 
 and held there the 4th of February, 1G79. 
 
 " This Court taking into consideration the necessity of a speedy establishing a Go- 
 vernment in the Province of Mayne, and the present season requireing a speedy issue 
 of this sessions of Court, the honnoured Council of this jurisdiction is requested and 
 hereby empowered to take order for settling the sayd Government, and appointing a 
 President, with Justices of the Peace and other officers, as is directed in Mr. Gorges 
 patent, and to comissionate the same accordingly, under the seale of this Colony; and 
 this to be in force until the next Court of Election here, and untill further order to be 
 taken by this Court therein." 
 
 " In Council, June 4, 1717. — A petition of John Usher, Esq., was read, and sent 
 down recommended, as to ye petitioner's service in assisting in ye purchase of ye 
 Province of JNlayne." 
 
 Commonwealth of Massachusetts, 
 Secretary's Office. 
 
 I hereby certify that the foregoing are true copies from the fifth-and tenth volumes 
 of the Records of the General Court of the Massachusetts Bay, remaining in this 
 office, under the respective dates within given. 
 
 In testimony of which, I have hereunto affixed the seal of the said Common- 
 
 [l. s.] wealth, in my custody and possession, this twentieth day of September, 
 
 in the year of our Lord one thousand eight hundred and twenty-eight, 
 
 and of the Independence of the United States of America the fifty-third. 
 
 EDWARD D. BANGS, 
 
 Secretary of the Commonwealth. 
 
APPENDIX, No. XII. 
 
 GRANT TO THE DUKE OF YORK, 
 
 DOCUMENTS RELATIVE TO SAID GRANT, 
 
 Grant to the Duke of York, dated 12th March, 16 Car: II. 1661. 
 Confirmation of Ditto. 26, Car: II. 1674. 
 Commission to Edmund Andros, 1674. 
 Commission to Thomas Dongan, 1682. 
 
 GRANT 
 
 TO THE DUKE OF YORK DATED 12TH MARCH, AO: CAR: II. 1664. 
 
 appendix. Charles the Second by the Grace of God King of England Scotland Ffranoe and Ireland 
 Defender of the Ffaith &c. to all to whom these presents shall come Greet- 
 
 Grant to the Duke ing 
 ofYork.andDocu- ° 
 
 nnii[> i, ami; tu Know vee that wee for divers good causes and consideracons us thereunto moving 
 
 said Grant. - , ° 
 
 — , have of our especiall Grace certaine knowledge and meere motion given granted 
 
 Grant to Hie nuke " ° ° ° 
 
 of Yoik. an( j by these presents for us our heires and successors do give and grant unto our 
 
 dearest brother James >uke of Yorke his heires and assigns all that part of the 
 maine land of New England begining at a certaine place called or knowne by the 
 name of St. Croix next udjoyning to New Scotland in America and from thence 
 extending along the sea coast imto a certain place culled I'eluuquine or Pema- 
 quid and so up the River thereof to the furthest head of ye same as it tendeth 
 northwards and extending from thence to the River Kinebcqui and so upwards 
 by the shortest course to the River Canada northward and also all that Island 
 or Islands commonly culled by the severull name or names of Mutoivucks or Land 
 Island scituale lying and being towards the west of Cape Codd and ye narrow 
 Higanselts abutting upon the maine hind between the two Rivers there called or 
 knowne by the severull names of Conecticutt and Hudsons River toge/hcr also 
 with the said river culled Hudsons River and all the land from the west side of 
 Conecticutt to ye east side of Deluware Buy and also all those severall Iilunds 
 called or knowne by the names of Martin's Vinyurd and Nantukes otherwise 
 Nuntuckctt together with all ye lands islands soyles rivers harbours mines mine- 
 rals qunrryes woods marshes waters lakes flishings hawking hunting and Howling 
 and all other royalltyes proffitts commodityes and hereditaments to the said severall 
 islands lands and premisses belonging and appertaining with theire and every 
 of theire appurtenances and all our estate right title interest benefitt advantage 
 claime and demand of in or to the said lands and premises or any part or parcell 
 thereof and the revercon and revercons remainder and remainders together with 
 
101 
 
 the yearly and other ye rents revenues and proffitts of all and singular the said pre- JTppeif,dux 
 misses and of every part and parcell thereof to have and to hold all and singular the No ' r 
 said lands islands hereditaments and premisses with their and every of their ap- nrnnt to the Duke 
 purtenanres hereby given and granted or hereinbefore menconed to he given and.' m-.' • reiBttvi 
 
 i iit T^ici'ii*!' i- r tosaid Grant. 
 
 «ranted unto our dearest brother James Duke ot \orke his heires and assignes lor- 
 
 6 , _ «irarit In lli. 
 
 ever to the only proper u^e and behoofe of the said James Duke o! Yorke his heires Dukeot York 
 and assignes forever to be holden of us our heires and successors as of our man nor 
 of East Greenwich in our county of Kent in ffree and common soccage and not in 
 capite nor by Knight service yielding and rendring and the said James Duke of 
 Yorke doth for himselfe his heires and assignes covenant and promise to yield and 
 render unto us our heires and successors of and for the same yearly and every 
 yeare forty Beaver skins when they shall be demanded or within ninety days after 
 and wee do further of our speciall grace certaine knowledge and meere mocon for 
 us our heires and successors give and grant unto our said dearest brother James 
 Duke of Yorke his heires deputyes agents commissioners and assignes by these pre- 
 sents full and absolute power and authority to correct punish pardon governe and 
 rule all such the subjects of us our heires and successors from time to time ad- 
 venture themselves into any of the parts or places aforesaid or that shall or doe at 
 auy time hereafter inhabite within the same according to such lawes orders ordinan- 
 ces direccons and instruments as by our said dearest brother or his assignes shall 
 be established and in delect thereof in cases of necessity according to the good di- 
 reccons of his deputyes commissioners officers and assignes respectively as well in 
 all causes and matters capitall and criminal! as civill both marine and others soe al- 
 vvayes as the said statutes ordinances and proceedings be not contrary to but as neare 
 as conveniently may be agreeable to the lawes statutes and government of this our 
 realme of England and saving and reserving to us our heires and successors ye re- 
 ceiving bearing and determining of the appeal or appeales of all or any person or 
 persons, of in or belonging to ye territoryes- or islands aforesaid in or touching any 
 judgment or sentence to be there made or given And further that it shall and may 
 be lawfull to and for our said dearest brother his heires and assigjies by. these pre- 
 sents from time to time to nominate make constitute ordaine and confirme by such 
 name or names stile or stiles as to him or them shall sceme good and likewise to 
 revoke discharge change and alter as well all and singular Governors officers and 
 Ministers which hereafter shall be by him or them thought fitt and needfull to be 
 made or used within the aforesaid parts and islands and also to make ordaine and 
 establL»li all manner of orders lawes directions instruccons formes and ceremonyes 
 of government and magistracy fitt and necessary for and concerning the government 
 of the territoires and islands aforesaid so alwayes as the same be not contrary to the 
 lawes and statutes of this our Realme of England but as neare as may be agreeable 
 thereunto and the same at all times hereafter to put in execucon or abrogate revoke 
 or change only within the precincts of the said territories or islands but also upon 
 tin: seas in going and coming to and from the same as he or they in their good dis- 
 crecons shall thinke to be fitted for the good of the adventurers and inhabitants there 
 And wee do further of our speciall grace certaine knowledge and meere mocon 
 grant ordaine and declare that such governors officers and ministers as from time 
 to time shall be authorized and appointed in manner and forme aforesaid shall and 
 may have full power and authority to use and exercise martial! law in cases of re- 
 bellion insurreccon and mutinie in as large and ample manner as our Lieutenants in 
 our countyes within our Realme of England have or ought to have by force of their 
 commission of Lieutenancy or any law or statute of this our Realme And wee da, 
 further by these presents for us our heires and successors grant unto our said dear- 
 est brother James Duke of Yorke his heires and assignes that it shall and may be 
 lawfull to and for the said James Duke of Yorke his heires and assignes in his or 
 theire discrecons from time to time to admitt such and so many person and person 5 : 
 
 26* 
 
102 
 
 appendix, to trade and traffique unto and within the territoires and islands aforesaid and into 
 
 every and any part and parcell thereof and to have possesse and enjoy any lands 
 
 Grant to the Duke or hereditaments in ve parts and places aforesaid as they shall thinke fitt according 
 
 Of Vi.rk. and Do- J ' ' , • i i i , • , • 
 
 ciments relative to the lavves orders constitucons and ordinances by our said brother his heires 
 
 lo lid Grant. 
 
 deputves commissioners and assignes from time to time to be made and established 
 
 Grant to the I J 
 
 DukeofYork. Dy vertue of and according to the true intent and meaning of these presents and under 
 such condicons reservacons and agreements as our said brother his heires or assignes 
 shall set downe order direct and appoint and not otherwise as aforesaid And wee 
 do further of our especiall grace certaine knowledge and meere mocon for us our 
 heires and successors give and grant to our said deare brother his heires and assignes 
 by these presents that it shall and may be lawfull to and for him them or any of 
 them at all and every time and times hereafter out of any of our realmes or do- 
 minions whatsoever to take leade carry and transport in and into their voyages and 
 for and towards the plantacons of our said tcrritoryes and islands all such and so 
 many of our loving subjects or any other strangers being not prohibited or under 
 restraint that will become our loving subjects and live under our alegiance as shall 
 willingly accompany them in the said voyages together with all such cloathing im- 
 plements furniture and other things usually transported and not prohibited as shall 
 be necessary for the inhabitants ol the said islands and territoryes and for theire use 
 and defence thereof and manageing and carrying on the trade with the people there 
 and in passing and returning to and fro yielding and paying to us our heires and 
 successors the customes and dutyes therefore due and payable according to the lavves 
 and customes of this our Kealme And we do also for us our heires and successors 
 grant to our said dearest brother James Duke of Yorke his heires and assignes and 
 to all and every such governor or governors or other officers or ministers as by our 
 said brother his heires or assignes shall be appointed to have power and authority of 
 government and command in or over the inhabitants of the said territoryes or islands 
 that they and every of them shall and lawfully may from time to time and at all 
 times hereafter forever for theire severall defence and safety encounter expulse re- 
 pell and resist by force of arms as well by sea as by land and all wayes and means 
 whatsoever all such person and persons as without the speciall licence of our said 
 deare brother his heires or assignes shall attempt to inhabit within the severall pre- 
 cincts and limitts of our said territoryes and islands and also all and every such per- 
 son and persons whatsoever as shall enterprize or attempt at any time hereafter the 
 destruccon or invasion detriment or annoyance to ye parts places or islands afore- 
 said or any parte thereof and lastly our will and pleasure is and wee do hereby de- 
 clare and grant that these our letters patents or the enrollment thereof shall be good 
 and eflectuall in the law to all intents and purposes whatsoever notwithstanding the 
 not reciting or menconing of the premises or any part thereof or the meets or bounds 
 thereof or of any former or other presents patents or grants heretofore made or 
 granted of the premisses or of any part thereof by us or any of our progenitors 
 unto any other person or persons whatsoever bodyes politique or corporate or any 
 act law or other restraint incertainty or imperfection whatsoever to the contrary in 
 any wise notwithstanding althoughe expresse mencon of the true yearly value or 
 certainty of the premises or any of them or of any other guifts or grants by us or 
 by any of our progenitors or predecessors heretofore made to the said James Duke 
 of Yorke in these presents is not made or any statute act ordinance provision 
 proclamacon or restriction heretofore had made enacted ordained or provided or 
 any other matter cause or thing whatsoever to the contrary thereof in any wise 
 notwithstanding. 
 
 In witnesse whereof wee have caused these our letters to be made pattents. — 
 Witnesse ourselfe at Westminster the twelveth day of March in the six- 
 teenth yeare of our raigne. 
 
 By the King: HOWARD. 
 
103 
 
 State of New York, Appendix. 
 
 c i f\ No. 12. 
 
 SECRETARY S UPFIOE. 
 
 I certify the preceding to be a true copy of certain Letters Patent as of record in ofYVwk.'îniMto- 
 
 t • iv • i) i t* n 4 i i i mi ci rniin His relative 
 
 this office, in Hook ot Patents number one, page \o'J, &c. tosaid< 
 
 In testimony whereof, I have hereunto affixed the seal of this office, at 
 [i.. s.] the city of Albany, the twenty-seventh day of March, in the year of our 
 Lord one thousand eight hundred and twenty-eight. 
 
 A. C. FLAGG, 
 
 Secretary. 
 
 By Nathaniel Pitcher, Lieutenant Governor of the Stale of New York, admi- 
 nistering the government of the said State: 
 It is hereby certified that Azariah C. Flagg is Secretary of this State, duly com- 
 missioned and sworn; that the signature ''A. C. Flagg," to the preceding copy of the 
 Grant from Charles the Second to the Duke of Yoik, is the proper hand-writing of 
 the said Secretary, and that full faith and credit may and ought to be given to his offi- 
 cial acts. 
 
 In testimony whereof, I have caused the great seal of this State to be 
 hereunto affixed. — Witness my hand, at the city of Albany, the twen- 
 [l. s. ] ty -seventh day of March, in the year of our Lord one thousand eight hun- 
 dred and twenty-eight. 
 
 NATHANIEL PITCHER. 
 Passed the Secretary's Office, the 2Sth day of March, 1.^2S. 
 
 ARCH'D CAMPBELL, 
 
 Dep. Secretary. 
 
 HIS MAJESTIES LETTERS PATENTS 
 
 TO HIS ROYAL HIGHNESSE RECORDED NOVEMBER FOURTH, 1674. 
 
 Charles the Second by the Grace of God King of England Scotland France and contirmaiion of 
 Ireland Defender of the Ffaith &c. To all to whom these presents shall come Greet- 
 ing: Know yee that wee for divers good causes and consideracons have of our espe- 
 ciall grace certaine knowledge and meer motion given and granted and by these 
 presents for us our heirs and successors do give and graunt unto our dearest brother 
 James Duke of Yorke his heires and assigns All that part of the main land of New Eng- 
 land, beginning at a certaine place called or known /ty the name of St Croix nexe 
 adjoining to New Scotland in America and from thence extending along the 
 seacoast unto a certaine place called Petuaquineor Pemaquid and so up the river 
 thereof to the farthest head of the same as it windeth northward and extending 
 from the river of Kinebeque and so upwards by the shortest coarse to the river 
 Canada northwards: And and all that Island or Islands commonly called 
 by the several! name or names of Malowacks or Long Islands scituale and 
 being towards the west of Cape Cod and the narrow Higansetts abutting vpon 
 the main land between the two rivers there called or known by the severall names 
 of Connect icutt and Hudson'' s River together also with the said river called Hud- 
 son's River and all the lands from the west side of Connecticut! river to the 
 east side of Delaware Bay: And also all those severall Islands called or known 
 by the names of Martin Vin Yard and Nantukes otherwise Nanluckelt: To- 
 gether with all the lands Islands soiles rivers harbors Mines Mineralls Quarries 
 
104 
 
 Ippendix woods marshes waters Lakes fishings Hawking hunting and ffowling and all other royal. 
 
 ' No 12. ties pro ffi ts Commodities and hereditaments to the said several] Islands Lands and pre- 
 
 ftJ^D*. mises belonging and appertaining with their and every of their appurtenants: And 
 
 f York, and Do- ,, - , t thl j interest benefit and advantage claime and demand of la 
 
 in Ms relative all Our CiSidic "g 1 "' " L '^ — 
 
 '" --'"" or to the said lands or premises or any part or parcel! thereof and the revercon and 
 ! ...:''.■" ■"" '"revercons remainder and remainders together with the yearly and other rents re- 
 venues, and proffitts of the premises and of every part and parcell thereof To have 
 and to'hokl all and singular the said lands and premises with their and every of 
 their appurtents hereby given and graunted or herein before mentioned to be given 
 and graunted unto our said dearest brother James Duke of Yorke his heirs and as- 
 signs forever: To bee hokten of us our heirs and successors as of our Manor of East 
 Greenwich, in our county of Kent in free and common soccage and not in capita 
 nor by Knight service yielding and rendering: And the said James Duke of Yorkc 
 for himself his heirs and assignes cloth covenant and promise to yield and render unto 
 Us our heirs and successors of and for the same yearly and every year fforty Beaver 
 Skins when they shall bee demanded or within ninety days after such demand 
 made and wee do further, of our speciall Grace certaine knowledge and meer mo- 
 tion for Us Our heirs and successors give and graunt unto our said Dearest brother- 
 Jamas Duke of Yorke his heirs Deputyes Agents Commissioners and assignes by these 
 presents full and absolute power and authority to correct punish pardon govern 
 and rule all such the subjects of us our heirs and successors or any other person or 
 persons as shall from time to time adventure themselves into any of the parts or 
 places aforesaid or that shall or do at any time hereafter inhabit within the same 
 according to such Law.ea orders ordinances directions and instructons as by our 
 said dearest brother or his assignes shall bee established and in defect thereof in cases 
 of necessity according to the good direccons of his Deputyes Commissioners Officers 
 or Agents respectively as well in all cases and matters capitall and criminall as Civill 
 Marine and Others so alwayes as the said Statutes ordinances and proceedings bee 
 not contrary to but as neare as may bee agreeable to the Lawes Statutes and Govern- 
 ment of this our realm of England and saving and reserving to Us our heirs and 
 successors thereceiving hearing and determining of the appeal and appeals of all or any 
 person or persons ot in or belonging to the Territoryesor Islands aforesaid or touch- 
 ing any Judgment or sentence to bee there made or given And further that it shaM and 
 may bee lavvfull to and for our said dearest brother his heirs and assigns by these presents 
 from time to time to nominate make constitute ordaine and confirme such Lawes as 
 aforesaid by such name or names stile or stiles as to him or them shall seem good 
 And likewise to revoke discharge change and alter as well all and singular Go- 
 vernors officers and ministers which hereafter shall be by him or them thought fit 
 and needfull to be made or used within the aforesaid Islands and parts: And also to 
 make ordaine and establish all manner of lawes orders direccons instructions formes 
 and ceremonyes of Government and Magistracy fit and necessary for and con- 
 cerning the Government of the Territoryes and Islands aforesaid so always as the 
 same bee not contrary to the Lawes and Statutes of this our realme of England, but as 
 neare as may bee agreeable thereunto and the same at all times hereafter to put in 
 execution abrogate revoke or change not onely within the precincts of the said Ter- 
 ritoryes or Islands but also upon the seas in going and coming to and from the same 
 as hee or they in their good discretions shall think fittest for the good of the adven- 
 turers and inhabitants And wee do further of our Especiall Grace certaine knowledge 
 and meer motion graunt ordaine and declare that such Governors Deputyes Offi- 
 cers and Ministers as from time to time shall bee authorized and appointed in man- 
 ner and florme aforesaid shall and may have full power and authority within the 
 Territoryes aforesaid to use and exercise Marshall Lawe in cases of rebellion insur- 
 rection and Mutiny in as large and ample manner as our Lieutenants in our Countyas 
 
105 
 
 wfihin Our realme of England have or ought to have by force of their Commission of Jlppendix. 
 Lieutenancy or any law or Statute of this our realme: And Wee do further by these N "' 12, 
 presents for us our heirs and successors graunt unto Our said dearest brother James Grant to me nuke 
 Duke of Yorke his heirs and assignes that it shall and may be lawful! to and lor the ferns' Suvê 
 said James Duke of Yorke his heirs and assignes in his or their discrescon from time 
 
 i -j. i i i i i rt . , Confirmation of 
 
 to time to admit such and so many person and persons to trade and traflicke into and s:l "i Grant. 
 and within ye Territoryes and Islands aforesaid and into every or any of the Terri- 
 tories and Islands aforesaid and into every or any part and parccll thereof: And to 
 have possess and enjoy any Lands and hereditaments in the parts and places aforesaid 
 as they shall think fit according to the Lawes orders constitutions and ordinances 
 by our said brother his heirs deputyes Commissioners and assignes from time to 
 time to bee made and established by vcrtue of and according to the true intent and 
 meaning of these presents and under such condicons reservacons and agreements as 
 our said dearest brother his heirs and assigns shall set downe order direct and ap- 
 point and not otherwise as aforesaid And we do further of our Especial] Grace 
 certaine knowledge and meer motion for us our heires and successors give and 
 graunt unto our said deare brother his heirs and assigns by these presents that it 
 shall and may be lawful! to and for him them or any of them at all and Every 
 time and times hereafter out of any of our realms or dominions whatsoever to take 
 lead carry and transport in and into their voyages for and towards the Plantacons of 
 our said Territoryes and Islands aforesaid all such and so many of our loving subjects 
 or any other strangers being not prohibited or under restraint that will become our 
 loving subjects and live under our alleigance and shall willingly accompany them in 
 the said voyages together with all such cloathing implements ffurniture and other things 
 usually transported and not prohibited as shall be necessary for the inhabitants of the 
 said Islands and territoryes and tor their use and defence thereof and managing and 
 carrying on the trade with the people there and in passing and returning to and fro 
 Yielding and paying to us our heirs and successors the customes and dutyes therelore 
 due and payable according to the Lawes and Customes of this our realme And Wee do 
 also for us our heirs and successors graunt to our said dearest brother James Duke of 
 Yorke his heirs and assignes and to all and every such Governor or Governors Depu- 
 tyes their Officers or Ministers as by our said brother his heirs or assignes shall bee 
 appointed to have power and authority of government or command in or over 
 the inhabitants of the said Territoryes or Islands that they or every of them shall 
 and lawfully may from time to time and at all times forever hereafter for their se- 
 verall defence and safety encounter repulse and Expell and resist by force of armes 
 (as well by sea as by land) and all wayes and means whatsoever all such person and 
 persons as without the speciall licence of our dearest brother his heirs and assignes 
 shall attempt to inhabit within the severall precints and limits of our said Territoryes 
 and Islands and also all and every such person and persons whatsoever as shall 
 enterprize and attempt at any time hereafter the destruccon invasion detriment or 
 annoyance to the parts places or Islands aforesaid or any part thereof And lastly 
 our will and pleasure is and We do hereby declare and graunt that these our Letters 
 Patents or the enrolment thereof shall bee good and Effectual] in the Law to all intents 
 and purposes whatsoever notwithstanding the not well and true reciting or mencon- 
 ing of the premises or any part thereof or the limits or bounds thereof or of any 
 former or other Letters Patents or graunts whatsoever made or graunted or of any 
 part thereof by us or any of our progenitors unto any person or persons whatsoever 
 bodyes politick or corporate or any law or other restraint incertainty or imperfeccon 
 whatsoever to the contrary in any vvise notwithstanding although Expresse mention 
 of the true yearly value or certainty of the premises or of any of them or of any 
 other guifts or graunts by us or by any of our progenitors heretofore made to the said 
 James Duke of Yorke in these presents is not made or any statute act ordinance,. 
 
106 
 
 Appendix, provision proclamation or restriction heretofore had made enacted or provided or any 
 
 N<> ' other matter cause or thing whatsoever to the contrary thereof in any wise notwiih- 
 
 ..,,,,- to m. Duke standing. In witnesse whereof Wee have caused these our Letters to hee made Patents 
 
 '-' Witnesse Our Selfe at Westm. the 29th day of June in the 26th yeare of our reigne. 
 
 PIGOTT. 
 
 Confirmation of 
 
 said Grant, State of New York, > 
 
 Secretary's Office. $ 
 
 I certify the preceding to he a true copy of certain Letters Patent, as of record in 
 this office, in Book of Deeds, No. 1, page 1, &c. 
 
 In testimony whereof, I have hereunto affixed the seal of this office, at the City 
 of Albany, the 30th day of September, 1828. 
 [i. g.] ARCHD. CAMPBELL, 
 
 De]). Secretary . 
 
 By Nathaniel Pitcher, Lieutenant Governor of the State of New York, acting as 
 
 Governor of the said State: 
 It is hereby certified that the preceding copy is in due form, and by the proper 
 officer. 
 
 In testimony whereof, I have hereunto affixed the Great Seal of this State. Wit- 
 ness my hand, at the City of Albany, the 30th day of September, 1828. 
 [l.s.] NATHANIEL PITCHER. 
 
 COMMISSION TO GOVERNOR EDMUND ANDROS. 
 
 James Duke of Yorke and Albany Earl of Ulster fyc. 
 
 Commission 10 Whereas it hath pleased the King's most excellent Majesty My Sovereign Lord 
 
 Edmund Andros. r „ ° . , , • , 
 
 and brother by his Letters Patents to issue and graunte unto mee my heirs and as- 
 signs all that part of the Maine Land of New England beginning at a certaine place 
 called or knoione by the name of St Croix next adjoining to New Scotland in 
 America and from thence extending along the sea coast unto a certaine place 
 called Petuaquin or Peniaquid and so up the river thereof to the furthest head of 
 the same as it iendeth northward and extending from thence, to the river of Kine- 
 bequi and so upwards to the shortest sourse to the river Canada northwards And 
 also all that Island or Islands commonly called by the severall names of Mato- 
 wacks or Long Island scituate lying and being towards the West of Cape Cod 
 and the narrow Higansetts abutting upon the maine land between the tivo rivers, 
 there called or known by the severall names of Conecticutt and Hudson's river 
 together also with the said river called Hudson's river and all the land from 
 the west side of Conecticutt river to the east side of Delaware Bay And also all 
 those severall Islands called or known by the name of Martin's Vineyards and 
 Nantukes otherwise Nantuckett together with all the lands Islands Soiles rivers 
 harbours Mines Minerals quarreyes woods marshes waters Lakes Fishings Hawking 
 Hunting and ffowling and all other royalties and proffits commodities and heredita- 
 ments to the said severall Islands Lands and premises belonging and appertaining with 
 their and every of their appurtenances to hold the same to my own proper use and 
 behoofe with power to correct punish pardon governe and rule the inhabitants there- 
 of by myselfe or such Deputyes Commissioners or Officers as I shall think fitt to ap- 
 point as by his Majesties said Letters Patents may more fully appeare And where- 
 as I have conceived a good opinion of the integrity prudence ability and fitnes of 
 
107 
 
 Major Edmunil Andros to bee employed as my Lieutenant there J have Ihcroforc .appendix. 
 
 thought fit to constitute and appoint bim the said Major Edmund Andros to he my • N " 12, 
 
 Lieutenant and Governor within the Lands Islands and places aforesaid to perform e g no the Duke 
 
 and execute all and every the powers which are by the said Letters Patents graunt-°i Sms relative 
 
 , i .11 t-v nx t , t " Ba 'd Grant, 
 
 ed unto nice to bee executed by mec my Deputy agent or assignes lo have and to 
 
 . . « Commission to 
 
 hold the said place oi Lieutenant and Governor unto lu m the said Edmund Andros 12 ' 1 ""» 1 ' 1 Andros 
 
 Esq but during my will and pleasure onely hereby willing and requiring all and 
 
 every the inhabitants ot" the said Lands, Islands and places to give obedience unto him 
 
 the said Edmund Andros Esq in all things according to the tcnour of his Majesty's 
 
 Letters Patents and the said Edmund Andros to observe follow and execute such 
 
 orders and direccons as hee shall from time to time receive from myselfe Given 
 
 under my hand and Seal at Windsor this 1st day of July 167-1 
 
 JAMES. 
 By command of His Royall Highnesse 
 
 JO: WERDEN. 
 
 State of New York, 
 
 Secretary- s Office. 
 1 certify the preceding to be a true copy of a certain Commission, as of record in this 
 office, in Book of Deeds No. I, page 4. 
 
 In testimony whereof, I have hereunto affixed the seal of this office, at the City 
 [l. s.] of Albany, the 30th day of September, 182S. 
 
 ARCHD. CAMPBELL, 
 Dep. Secretary. 
 
 By Nathaniel Pitcher, Lieutenant Governor of the State of New York, acting as 
 
 Governor of the said Stale: 
 
 It is hereby certified that the preceding copy is attested in due form, and by the pro- 
 per officer. 
 
 In testimony whereof, I have hereunto affixed the Great Seal of this State. 
 [l. s.] Witness my hand at the City of Albany, the 80th day of September, 1S2S. 
 
 NATHANIEL PITCHER. 
 
 COMMISSION TO COLONEL THOMAS DONGAN, TO BE GOVERNOR OF NEW YORK. 
 
 James Duke of York and Albany Earl of Ulster, fyc. 
 
 Whereas it hath pleased the King's most Excellent Majesty my Sovereign Lord and commission ta 
 brother by his Letters Patents to give and graunt unto mee and my heirs and as- Ttlomas Don s on - 
 signs all that part of the maine Land of New England beginning at a Certaine place 
 culled or knowne by the name of St Croix next adjoining to New Scotland m 
 America and from thence extending along the Sea Coast unto a certaine place 
 Culled Pemuquin or Pcmaquid and soe up the river thereof to the furthest head 
 of the same as it tendeth northwards and extending thence to the river of Kin e- 
 bequi and soe upwards to the Shortest Course to the river Canada northward 
 and also all that Island or Islands commonly called by the severall name or 
 names of Malowacks or Long Island scituate lying and being towards the west 
 
108 
 
 Appendix, of Cope Coddandthe narrow Higanset'ts abutting upon the maim land between 
 
 No. 12. [he tw0 rivers tnere called or knowne by the severall names of Conneclicutt and 
 
 thJ^Zwu Hudsons Hirer together alsoe with the said river called Hudsons river and all 
 
 LfeMau™ the lands from the west side of Connecticut! river to the east side of Delaware 
 
 " "' bay and alsoe all those severall Islands called or knowne by the name of Martyn 
 
 "r,;;;;^,,::' Vinyiardand Nantukes Otherwise Nantuckett together with all the lands, Islands 
 soiles rivers harbours Mines Mineralls Quarries woods marshes waters Lakes fish- 
 ings, hawking hunting and Fowling and all other Royal tyes and Proffitts commo- 
 dityes & hereditaments to the said severall Islands Lands and premises belonging and 
 appurtaning with their and every of their appurtenances: To hold the same to my own 
 proper use and behoofe with power to correct, punish pardon governe and rule the 
 inhabitants thereof by myselfe or such Deputyes, Commissioners or Officers as I shall 
 think fitt to appoint as by His Majestys said Letters Patents may more fully appear, 
 And whereas I have since for divers good causes and Considerations by severall In- 
 struments under my hand and Seale bargained sold released and confirmed unto Sir 
 George Carterett [late our Chamberlaine to His Majestys household] and his heirs 
 and unto Edward Billing and others and their heyres all the tract of land [parcell of 
 the Premises] commonly called or knowne by the names of East and West Jersey 
 scituate on the West side of Hudson's river according to certain boundaries more par- 
 ticularly Expressed in the said Several instruments and under certaine rents and cove- 
 nants as therein relacon being thereunto had may more fully appeare And whereas 
 I have conceived a good opinion of the integrity prudence ability and fitnesse of 
 Coll Thomas Dongan to be employed as my Lieutenant there, I have therefore 
 thought fitt to constitute and appointe him the said Coll Thomas Dongan to be my 
 Lieutenant and Governour within the lands Islands and places aforesaid [except the 
 said East and West New Jersey] to perform and execute all and every the powers 
 which are by the said Letters pattents granted unto me to be executed by me my 
 deputy agent or assignes To have and to hold the said place of Lieutenant and Gover- 
 nour unto him the said Coll Thomas Dongan but dureing my will and pleasure only 
 herebv willing and requiring all and every the inhabitants of the said Lands Islands 
 and places, (except as before excepted) to give obedience unto him the said Coll Thomas 
 Dongan in all things according to this tenour of his Majesties Letters Pattents and 
 the said Coll Thomas Dongan to observe follow and execute such orders and dirrec- 
 cons as he shall from time to time receive from myselfe 
 
 Given under my hand and seale at St James's the thirtieth day of September 1682 
 
 JAMES 
 By command of His Royall Highness 
 Jo Werden 
 
 State or New York, 
 Secretary's Office. 
 I certify the preceding to be a true copy of a certain Commission, as of record in 
 this Office, in Book of Records of Commissions, No. 1, page 1. 
 
 In testimony whereof, I have hereunto affixed the Seal of this Office, at 
 [l. s.] the City of Albany, the thirtieth day of September, 1S2S. 
 
 ARCHIBALD CAMPBELL, 
 
 Deputy Secretary. 
 By Nathaniel Pitcher, Lieutenant Governor of the State of New York, acting 
 
 as Governor of said State: 
 It is hereby certified, that the preceding copy is attested in due form, and by the 
 proper officer. 
 
 In testimony whereof, I have hereunto affixed the Great Seal of this State. 
 [l. s.] Witness my hand at the City of Albany, the thirtieth day of Septem- 
 
 ber, 1S2S. 
 
 NATHANIEL PITCHER. 
 
APPENDIX, No. XIII. 
 
 CHARTER 
 
 THE PROVINCE OF MASSACHUSETTS BAY. 
 
 TÎY WILLIAM AND MARY, 7TII OCTOBER, 1691. 
 
 Septima pars Paten de anno RR et Rne Gulielmi et Marie tertio. 
 
 William and Mary by the grace of God &c to all to whome these presents shall come ,ft menc i- , 
 
 greeting No. 13. 
 
 Whereas his late Majestie King James the First our royall predecessor by his oiarttrrfMaasa 
 Letters Patents under the great seale of England bearing date at Westminster the ££^3 jL" '' 
 third day of November in the eighteenth yeare of his reigne did give and grant unto 7th ° c '' lw " 
 the Councill established at Plymouth in the County of Devon for the planting rule- 
 ing ordering and governing of New England in America and to their successors 
 and assignes all that part of America lying and being in breadth from forty degrees 
 of northerly latitude from the equinoctiall line to the fourty-cighth degree of the 
 said northerly latitude inclusively and in length of and within all the breadth afore- 
 said throughout all the maine lands from sea to sea together alsoe with all the firme 
 lands soiles groundes havens ports rivers waters fishings mines and mineralls as 
 well royall mines of gold and silver as other mines and mineralls precious stones 
 quarries and all and singular other comodities jurisdiccons royalties priviledges fran- 
 chises and preheminences both within the said tract of land upon the maine and 
 also within the iselands and seas adjoyning Provided alwaies that the said lands 
 iselands or any the premisses by the said Letters Patents intended and meant to 
 be granted were not then actually possessed or inhabited by any other Christian 
 Prince or Stale or within the bounds li/ni/ts or territories of the southerne col- 
 lony then before granted by the said late King James the First to be planted by 
 divers of his subjects in the south parts to have and to hold possesse and enjoy 
 all and singular the aforesaid continent lands territories iselands hereditaments and 
 precincts seas waters fishings with all and all manner of their comodities royalties 
 liberties preheminences and profitts that should from thenceforth arise from thence 
 with all and singular their appurtenances and every part and parcel! thereof unto the 
 said Councill and their successors and assignes forever to the sole and proper use 
 and benefitt of the said Councill and their successors and assignes forever to be 
 holden of his said late Majestie King James the First his heires and successors as of 
 his mannor of East Greenwich in the county of Kent in free and comon soccage 
 and not in capite nor hy Knights service Yielding and paying therefore to the 
 said late King his heires and successors the fifth part of the oar of gold and silver 
 which should from time to time and at all times then after happen to be found 
 gotten had and obtained in at or within any of the said lands limitts territories or 
 precincts or in or within any part or parcell thereof for or in respect of all and all 
 
 28* 
 
110 
 
 Appendix: manner of duties demands and services whatsoever to bo done made or paid to 
 No ' '' the said late King James the First his heires and successors (as in and by the said 
 , w ,Z^lu~,-,- Letters Patents amongst sundry other clauses powers priviledges and grants therein 
 iKnii&JJ'.- contained more at large appeareth) And whereas the said Council] established at 
 Plymouth in the County of Devon for the planting ruleing ordering and governing 
 of New England in America did by their deed indented under their comon seale 
 bearing date the nineteenth day of March in the third yeare of the reigne of our 
 Hoyall Grandfather King Charles the First of ever-blessed memory give grant 
 bargaine sell infeoffe alien and confirme to Sir Henry Roswell Sir John Young 
 Knio-hts Thomas Southcott John Humphreys John Endicott and Simond Whet- 
 comb their heires and assignes and their associates forever all that part of New 
 England in America aforesaid which lyes and extends between a great river there 
 comonly called Monomack als Merrimack and a certaine other river there called 
 Charles River being in a bottom of a certaine bay there comonly called Massachu- 
 sets als Mattachusetts als Massatusetts Bay and alsoe all and singular those lands 
 and hereditaments whatsoever lying within the space of three English miles on the 
 south part of the said Charles River or of any and every part thereof and alsoe all 
 and singular the lands and hereditaments whatsoever lying and being within the 
 space of three English miles to the southward of the southermost part of the said bay 
 called the Massachusets als Mattachusets als Massatusets Bay and alsoe all those 
 lands and hereditaments whatsoever which lye and be within the space of three 
 English miles to the northward of the said river called Monomack als Merrimack 
 or to the northward of any and every part thereof and all lands and hereditaments 
 whatsoever lying within the limits aforesaid north and south in latitude and in 
 breadth and in length and longitude of and within all the breadth aforesaid through- 
 out the maine lands there from the Atlantick and Westerne Sea and Ocean on the 
 east part to the South Sea on the west part and all lands and grounds place and 
 places soile woods and wood grounds havens ports rivers waters fishings and 
 hereditaments whatsoever lying within the said bounds and limitts and every part 
 and parcell thereof and alsoe all iselands lying in America aforesaid in the said 
 seas or either of them on the westerne or easterne coasts or parts of the said tracts 
 of land by the said indenture menconed to be given and granted bargained sould 
 enfeoffed aliened and confirmed or any of them and alsoe all mines and mineralls 
 as well royall mines of gold and silver as other mines and mineralls whatsoever in 
 the said lands and premisses or any part thereof and all jurisdiccons rights royal- 
 ties liberties freedomes imunities priviledges franchises preheminences and como- 
 dities whatsoever which they the said Councill established at Plymouth in the Coun- 
 ty of Devon for the planting ruleing ordering and governing of New England in 
 America then had or might use exercise or enjoy in or within the said lands and 
 premisses by the same indenture menconed to be given granted bargained sold en- 
 feoffed and confirmed in or within any part or parcell thereof to have and to hold 
 the said part of New England in America which lyes and extends and is abutted as 
 aforesaid and every part and parcell thereof and all the said iselands rivers ports 
 havens waters fishings mines mineralls jurisdiccons franchises royalties liberties 
 priviledges comodities hereditaments and premisses whatsoever with the appurte- 
 nances unto the said Sir Henry Roswell Sir John Young Thomas Southcott John 
 Humphreys John Endicot and Simon Whetcombe their heires and assignes and their 
 associates forever to the onely proper and absolute use and behoofe of the said Sir 
 Henry Roswell Sir John Young Thomas Southcott John Humphrey John Endicot 
 and Simond Whetcombe their heires and assignes and their associates forevermore 
 to be holden of our said Royall Grandfather King Charles the First his heires and 
 successors as of his mannor of East Greenwich in the County of Kent in free and 
 comon soccage and not in capite nor by knights service yielding and paying there-. 
 
Ill 
 
 fore unto our said Royall Grandfather his hcires and successors the fifth part of the Appendix. 
 
 oar of gold and silver which should from time to lime and at all limes hereafter 
 
 haiv>en to he found gotten had and obtained in any of the said lands within the saiil charter of Maroa 
 11 ...... ... ... cliuseti», i>\ w.i 
 
 1 Wil 
 
 mitts or in or within any part thereof for and in satisfaccon of all manner of duties ii md Mary 
 
 '.Hi (i.i 1691 
 
 demands and services whatsoever to he done made or paid to our said Royall Grand- 
 father his heires or successors (as in and by the said recited indenture may more at 
 large appeare) 
 
 And whereas our said Royall Grandfather in and by his Letters Patents un- 
 der the great scale of England bearing date at Westminster the fourth day of 
 March in the fourth y ear e of his r eigne for the eonsideracon therein menconed 
 did grant and confirme unto the suit! Sir Henry Roswell Sir John Young Thomas 
 Southcott John Humphreys John Endicott and Simond Whetcombe and to their 
 associates after-named viz: Sir Ralph Salstentall Knight Isaac Johnson Samuell 
 Aldersey John Ven Malhew Craddock George Harwood Increase Nowcll Richard 
 Perry Richard Bellingham Nathaniell Wright Samuell Vassall Theophilus Eaton 
 Thomas Golfe Thomas Adams John Browne Samuell Browne Thomas Hutchins 
 William Vassall William Pincheon and George Foxcroft their heires and assignes 
 all the said part of New England in America lying and extending between the bounds 
 and limitts in the said indenture expressed and all lands and grounds place and places 
 soylcs woods and wood grounds havens ports rivers waters mines mineralls juris- 
 diccons rights royalties liberties lreedomes imunities priviledges franchises pre- 
 heminences and hereditaments whatsoever bargained sould enfeoffed and confirmed 
 or menconed or intended to be given granted bargained sold enfeoffed aliened and 
 confirmed to them the said Sir Henry Roswell Sir John Young Thomas Southcott 
 John Humphrey John Endicott and Simond Whetcombe their heires and assignes 
 and to their associates forever by the said recited indenture to have and to hold the 
 said part of New England in America and other the premisses thereby menconed 
 to be granted and confirmed and every part and parcell thereof with the appurte- 
 nances to the said Sir Henry Roswell Sir John Young Sir Richard Salstenstall 
 Thomas Southcott John Humphrey John Endicott Simond Whetcomb Isaac John- 
 son Samuell Aldersey John Ven Malhew Craddock George Harwood Increase Now- 
 ell Richard Perry Richard Bellingham Nathaniell Wright Samuell Vassall Theo- 
 philus Eaton Thomas Golfe Thomas Adams John Brown Samuell Brown Thomas 
 Hutchins William Vassall William Pincheon and George Foxcroft their heires and 
 assignes forever to their onely proper and absolute use and behoofe forevermore to 
 be holden of our said Royall Grandfather his heires and successors as of his mannor 
 of East Greenwich aforesaid in free and comon soccage and not in capite nor by 
 knights service and alsoe yielding and paying therefore to our said Royall Grand- 
 father his hcires and successors the fifth part onely of all the oar of gold and silver 
 which from time to time and at all times after should be there gotten had or ob- 
 teined for all services exactions and demands whatsoever according to the tenour 
 and reservation in the said indenture expressed And further our said Royall 
 Grandfather by the said Letters Patents did give and grant unto the said Sir 
 Henry Roswell Sir John Young Sir Richard Saltenslall Thomas Southcott John 
 Humphrey John Endicott Symond Whetcomb Isaac Johnson Samuell Aldersey 
 John Ven Mathew Craddocke George Harwood Encrease Nowe/l Richard Perry 
 Richard Bellingham Nathaniel JVright Samuell Vassall Theophilus Eaton 
 Thomas Golfe Thomas Adams John Brown Samuell Brown Thomas Hutchins 
 William Vassall William Pincheon and George Foxcroft their heires and as- 
 signes all that part of New England in America which lyes and extends between 
 a great River there comonly called Monomack als Merrimack River and a cer- 
 taine other River there called Charles River being in the bottome of a certaine 
 Bay there comonly called Massachusetts als Matlachvsetts als Massatusetts 
 
112 
 
 Jnnendir Buy and alsoe all and singular those lands and hereditaments whatsoever lying 
 ' No. 13. within the space of three English miles on the south part of the said River called 
 ,„„—,_ Charles River or of any or every part thereof and alsoe all and singular the 
 \ U Z":m- lands and hereditaments whatsoever lying and being within the space oj three 
 7,™ct. irar. ' E ,. sh milgs tQ the sout h W ard of the southernmost part of the said Bay called 
 Massachusetts ah Mattachusetts als Massatusetts Bay and alsoe all those lands 
 and hereditaments whatsoever which lye and be within the space of three English 
 miles to the northward of the said River called Monomack als Merrimack or to 
 the northward of any and every part thereof and all lands and hereditaments 
 whatsoever lying within /he limit's aforesaid north and south in latitude and in 
 breadth and in length and longitude of and within all the breadth aforesaid 
 throughout the maine lands therefrom the .Itlantick or JVesterne Sea and Ocean 
 on the east part to the .South Sea on the west part and all lands and grounds place 
 places soiles woods and wood lands havens ports rivers waters and hereditaments 
 and whatsoever lying within the said bounds and limitts and every part and parcell 
 thereof and alsoe all iselands in America aforesaid in the said seas or either of them 
 on the Westerne or Easterne Coasts or parts of the said tracts of lands thereby men- 
 coned to be given and granted or any of them and all mines and mineralls as well 
 royall mines of gold and silver as other mines and mineralls whatsoever in the said 
 lands and premisses or any part thereof and free libertie of fishing in or within any 
 of the Rivers or waters within the bounds and limitts aforesaid and the seas there- 
 unto adjoyning and all fishes royall fishes whales balene sturgeon and other fishes of 
 what kind or nature soever that should at any time thereafter be taken in or within 
 the said seas or waters or any of them by the said Sir Henry Roswell Sir John 
 Young Sir Richard Saltenstale Thomas Southcott John Humphrey John Endicott 
 Symond Whetcomb Isaac Johnson Samuell Aldersey John Ven Mathew Craddock 
 George Harwood Increase Nowell Richard Perry Richard Bellingham Nathaniell 
 Wright Samuell Vassall Theophilus Eaton Thomas Golfe Thomas Adams John 
 Browne Samuell Browne Thomas Hutchins William Vassall William Pincheon and 
 George Foxcroft their heires or assignes or by any other person or persons what- 
 soever there inhabiting by them or any of them to be appointed to fish therein 
 Provided alwaies that if the said Lands Iselands or any the Premises before men- 
 coned and by the said Letters Patents last menconed intended and meant to be 
 granted were at the time of the granting the said former Letters Patents dated 
 the third day of November in the eighteenth yeure of the reigne of His late Majes- 
 tic King James the first actually possessed or inhabited by any other Christian- 
 Prince or State or were within the Bounds Limitts or Territories of the said South- 
 erne Col/ony then before granted by the said King to be planted by divers of his 
 birring subjects in the south parts of America that then the said Grant of our 
 said Royall Grandfather should not extend, to any such parts or parcells thereof 
 soe formerly inhabited or tying within the bounds of the Sou theme Plant aeon as 
 aforesaid but as to those Parts or Parcells soe possessed or inhabited by any such 
 Christian. Prince or State or being within the Boundaries aforesaid should be ut- 
 terly void To have holde possesse and enjoy the said Parts of New England in 
 America which lye extend and are abutted as aforesaid and every part and parcell 
 thereof And all the Iselands Rivers Ports Havens Waters Fishings Fishes Mines 
 Minerals Jurisdiccons Franchises Royalties Liberties Priviledges Comodities and Pre- 
 mises whatsoever with the appurtenances unto the said Sir Henry Roswell Sir John 
 Young Sir Richard Saltenstall Thomas Southcott John Humphrey John Endicott 
 Symond Whetcomb Isaac Johnson Samuel Aldersey John Ven Mathew Craddock 
 George Harwood Increase Nowell Richard Perry Richard Bellingham Nathaniel 
 Wright Samuel Vassall Theophilus Eaton Thomas Golfe Thomas Adams John 
 Brown Samuell Brown Thomas Hutchins William Vassall William Pincheon and 
 
113 
 
 George Foxcroft their heires and assignes forever To the oncly proper and absolute .Oppcndi.i . 
 use and bchoofe of the said Sir Henry Roswell Sir John Young Sir Richard Salten- N " 
 stall Thomas Southcott John Humphreys John Endicott Symond Whetcomb Isaac Charter or Mawa 
 Johnson Samuel Aldersey John Ven Mathew Craddock George Harwood Increase "am ami Wan 
 Nowell Richard Perry Richard Hcllingham Nathaniell Wright Samuel! Vassall 
 Theophilus Eaton Thomas Golfe Thomas Adams John Browne Samuel] BroWne 
 Thomas Hutchins William Vassall William Pincheon and George Foxcroft theirc 
 heires and assignes forevermore To be holdcn of our said Royall Grandfather his 
 heires and successors as of his Mannor of East Greenwich in the county of Kent with- 
 in the Realme of England in free and comon Soccage and not in Capite nor by Knights 
 service And alsoe Yeilding and Paying therefore to our said Royall Grandfather 
 his heires and successors the fifth part onely of all the Oar of Gold and Silver which 
 from time to time and at all thereafter should be gotten had or obtained for all servi- 
 ces exaccons and demands whatsoever Provided alwaies and his Majesties expresse 
 Will and meaning was that onely that one fifth part of all the Gold and Silver (Jar above 
 menconed in the whole and noe more should be answered reserved or payable un- 
 to our said Royall Grandfather his heires and successors by collour or virtue of the 
 said last menconed Letters Patents The double Reservations or Recitalls aforesaid or 
 any thing therein conteyned notwithstanding And to the end that the affaires and 
 businesse which from time to time should happen and arise concerning the said Lands 
 and Plantacons of the same might be the better mannaged and ordered and for the 
 good government thereof our said Royall Grandfather King Charles the First did by 
 his said Letters Patents create and make the said Sir Henry Roswell Sir John Young 
 Sir Richard Saltenstall Thomas Southcott John Humphreys John Endicott Symond 
 Whetcomb Isaac Johnson Samuell Aldersey John Ven Mathew Craddock George 
 Harwood Increase Nowell Richard Perry Richard Bellingham Nathaniell Wright 
 Samuel Vassall and Theophilus Eaton Thomas Golfe Thomas Adams John Brown 
 Samuell Browne Thomas Hutchins William Vassall William Pincheon and George 
 Foxcroft and all such others as should thereafter be admitted and made free of the 
 Company and Society thereinafter menconed one Body Corporate and Politique in 
 fact and name by the name of the Governor and Company of the Massachusets Bay- 
 in New Engird and did grant unto them and their successors divers powers liber- 
 ties and priviledges as in and by the said Letters Patents may more fully and at large 
 appeare And Whereas the said Governor and Company of the Massachusets Bay 
 in New England by vertue of the said Letters Patents did seate a Collony of the 
 English in the said Parts of America and divers good subjects of this Kingdome en- 
 couraged and invited by T the said Letters Patents did transport themselves and their 
 effects into the same whereby the said Plantacon did become very populous and di- 
 vers Counties Townes and Places were created erected named settforth or designed 
 within the said Parts of America by the said Governor and Company for the time be- 
 ing And Whereas in the Terme of the Holy Trinity in the thirty-sixth yeare of 
 the reigne of our dearest Unete King Charles the Second a judgement was given 
 in our Court ofClianeery then sitting at Westminster upon a Writt of Scire Facias 
 brought a>ul prosecuted in the said Court against the Governor and Company of 
 the Massachusetts Bay in New England and that the said Letters Patents of 
 our said Royall Grandfather King Charles the First bearing date at West min- 
 ster the fourth day of March in the fourth yeare of his rcigne made and granted 
 to the said Governor and Company of the Massachusetts Bay in New England 
 and the enrollment of the same should be cancelled vacated and annihilated and 
 should be brought into the said Court to be cancelled fas in and by the saia 'judge- 
 ment remaining upon Record in the said Court doth more att lars-e appeare J And 
 whereas severall persons employed as Agents in behalfe of our said Collony of the Mas- 
 sachusetts Bav in New England have made their humble application unto us that we 
 
TihOci. ÎG'.II. 
 
 114 
 
 appendix, would be gratiously pleased by our Royall Cbarter to incorporate our subjects in our 
 No - U - said Collony and to grant and confirme unto them such powers priviledges and fran- 
 
 , „ ; ,„^T.a.-r, chises as in our Royall Wisdome should be thought most conducing to our Interest and 
 - m 1 ,"!- service and to the welfare and happy state of our subjects in New England And wee 
 being gratiously pleased to gratifie our subjects and alsoe to the end our good subjects 
 within our Colony of New Plymouth in New England aforesaid may be brought un- 
 der such a forme of government as may put them in a better condicon of defence and 
 considering the granting as well unto them as unto our subjects in the said Colony of 
 the Massachusetts Bay our Royall Charter with reasonable powers and priviledges will 
 much tend not onely to the safety but to the flourishing estate of our subjects in the 
 said parts of New England and alsoe to the advanceing of the ends for which the said 
 Plantacons were at first encouraged Of our espetiall grace certaine knowledge and 
 meere mocon Have willed and ordained And Wee Doe by these Presents for us our- 
 heires and successors will and ordaine that the Territories and Colonyes comonly 
 called or knowne by the names of The Colony of the Masachusetts Bay and Col- 
 lony of New Plymouth the Province of Main The Territory called Accadia or No- 
 va Scotia and all that Tract of Land lying between the said Territories of Nova 
 Scotia and the said Province of Main be united erected and incorporated And 
 Wee Doe by these Presents unite erect and incorporate the sume into one reall Pro- 
 vince by the name of Our Province of the Massachusetts Bay in New England 
 and of our espetiall grace certaine knowledge and meere mocon We have given and 
 granted and by these Presents for us our heires and sticcessors Doe give and grant 
 unto our said subjects the Inhabitants of our said Province or Territory of the 
 Massachusetts Bay and their successors all that pari of New England in Ameri- 
 ca lying and extending from the Great River comonly called Monomuck als Mer- 
 rimack on the north part and from three ?niles northward of the said River to the 
 Atlantide or Wcsleme Sea or Ocean on the south part and all the Lands and Here- 
 ditaments luhalsoever lying within the limitts aforesaid and extending as farr as 
 the uttermost Points or Promontories of Land called Cape Cod and Cape Malabar 
 North and South and in latitude breadth and in length and longitude of and 
 within all the breadth and compassé aforesaid throughout the Maine Land there 
 from the said Allantick or West erne Sea or Ocean on the east part towards the 
 South Sea or westward as farr as i ur Colonies of Rhode Island Connecticut t and 
 the Narrowgansett Countrey and alsoe all that part and porconof Main Land 
 beginning at the entrance of Piscataway Harbour and soa to passe up the same 
 into (he River of Newickewannocke and through the same into the furthest 
 head thereof and from thence northwestward till one hundred and twenty miles 
 he finished and from Piscalaway Harbour mouth aforesaid north eastward 
 along the Sea Coast to Sugadehock and from the period of one hundred uud twenty 
 miles aforesaid to crosse over Land to the one hundred and twenty miles before 
 reckoned up into the Land from Piscataway Harbour through Newickawannock 
 River and alsoe the north halfe of the Isles of Shoal es together with the Isles of 
 Chappawock and Nantuckett near Cape Cod aforesaid and alsoe the La/ids and 
 Hereditaments lying and being in the Country or Territory comonly called Acca- 
 dia or Nov f Scotia and all those Lands and Hereditaments lying and extending 
 belweene the said Country or Territory of Nova Scotia and the said River of Sa- 
 gadahoc or any part thereof and all Lands Grounds Places Soylcs Woods and 
 Woodgrounds Havens Paris Rivers Waters and other Hereditaments and Premis- 
 ses whatsoever lying within the said Bounds uud Limitts aforesaid and every part 
 and parcell thereof And alsoe All Iselands and Lelet/s lying within tennc leagues 
 directly opposite to the Maine Land within the said Bounds and All Mines and 
 Minerals as well Royall Mires of Gold and Silver as other Mines and Mineralls what- 
 soever in the said Lands and Premisses or any part thereof To have and to hold the 
 
11/) 
 
 said Territories Tracts Countries Lands Hereditaments and all and singular oilier the appendix. 
 Premisses with their and every of their appurtenances to our said .subjects the Inhabi- No ' ^' 
 tants of our said Province of ibe Massachusetts Bay in New England and their sue- charter 01 \um 
 cessors To their only proper use and Behoofe for evermore To be holden of us ouriianîa.ci viary.- 
 
 i r \i r i i / i • i • . ^-. ,- it Till Or-, 1691 
 
 hcires and successors as ot our Mannor ot East Greenwich in the County 01 Kent by 
 Fealty onely in Free and comon Soccage Yielding and Paying therefore yearly to us 
 our heirs and successors the fifth part of all Gold and Silver Oar and Fictions Stones 
 which shall from time to time and at all times hereafter happen to be found gotten bad 
 and obteined in any of the said Lands and Premisses or within any part thereof 
 Provided nevertbelesse And Wee Doe for us our heires and successors grant and or- 
 daine that all and every such Lands Tenements and Hereditaments and other Estates 
 which any person or persons or bodies politique or corporate Townes Villages Col- 
 ledgesor Scboolcs doe hold and enjoy or ought to have hold and enjoy within the bounds 
 aforesaid by or under any Grant or Estate duely made or granted by any Generall 
 Court formerly held or by vertu e of the Letters Patents herein before recited or by 
 any other lawfull right or tytle whatsoever shall be by such person and persons Bodies 
 politique and Corporate Townes Villages Colledges or Scbooles their respective heires 
 successors and assignes for ever hereatter held and enjoyed according to the purport 
 and intent of such respective Grant under and subject nevertbelesse to the Rents and 
 Services thereby reserved or made payable any matter or thing whatsoever to the 
 contrary notwithstanding And Provided alsoe that nothing herein conteined shall ex- 
 tend or be understood or taken to impeach or prejudice any right tytle interest or de- 
 mand which Samuell Allen of London Merchant claimeing from and under John Ma- 
 son Esquire deceased or any other person or persons bath or have or claimeth or 
 claime to have hold or enjoy of in to or out of any part or parts of the Premisses scitu- 
 ate within the limits above menconed But that the said Samuell Allen and all and 
 every such person and persons may and shall have hold and enjoy the same in such 
 maner (and noe other than) as if these Presents had not been had or made It being 
 our further will and pleasure that noe Grants or Conveyances of any Lands Tene- 
 ments or Hereditaments to any Townes Colledges Scholes of Learning or to any pri- 
 vate person or persons shall be judged or taken to l>e avoided or prejudiced for or by 
 reason of any want or defect of forme but that the same stand and remaine of force and 
 be mainteined adjudged and have effect in such manner as the same should or ought 
 before the time of the said recited Judgement according to the Laws and Rules then 
 and there usually practised and allowed And Wee Doe further for us our hcires and 
 successors will establishe and ordaine that from henceforth for ever there shall be One 
 Governor One Lieutenant or Deputy Governor and one Secretary of our said Province 
 or Territory to be from time to time appointed and comissionated by us our heires and 
 successors and eight and twenty Assistants or Councillors to be adviseing and assisting 
 to the Governor of our said Province or Territory for the time being as by these Pre- 
 sents is hereafter directed and appointed which said Councillors or Assistants are to be 
 constituted elected and chosen in such forme and manner as hereafter in these Pre- 
 sents is expressed And for the better execucon of our Royall Pleasure and Grant in 
 this behalfe Wee Doe by these Presents for us our heires and successors no ni- 
 nate ordaine make and constitute our trusty and welbeloved Simon Broulstaet 
 John Richards Nathaniel! Saltcnstall Wait Winthrop John Philips James Russell 
 Samuell Sewall Samuel! Apleton Bartholomew Gedney John Hawthorne Elisha 
 Ilutchins Robert Pike Jonathan Curwin John Jolliffc Adam Winthrop Richard 
 Middlecot John Foster Peter Serjeant Joseph Lynd Samuel Heyman Ste »hen Mason 
 Thomas Hinkeley William Bradford John Walley Barnabas L"throp Job Alcott 
 Samuell Daniell and Silvanus Davies Esquiers the first and present Councillors or 
 Assistants of our said Province to continue in their said respective 0;Bces or Trusts of 
 Councillors or Assistants untill the last. Wednesday in May which shall be in the 
 
UG 
 
 . îppendix. ycnrc of our Lord one thousand six hundred ninety-three and untill other Councillors 
 No. 13. or assistants shall be chosen and appointed in their stead in such manner as in these 
 Cb :,r,7777i :, -;, Presents is expressed And Wee Doe farther by these Presents constitute and appoint 
 i •;.,"- our trusty and wclbeloved Isaac Addington Esquire to be our first and present Secre- 
 tin (jci lii'.u i of our said Province dureing our pleasure and our Will and pleasure is that the 
 Governor of our said Province for the time being shall have authority from time to 
 time at his discrecon to assemble and call together the Councellors or Assistants of our 
 said Province for the time being and that the said Governor with the said Assistants 
 or Councellors or seaven of them at the least shall and may from time to time hold 
 and keepe a Councill for the ordering and directing the affaires of our said Province 
 And further Wee Will and by these Presents for us our heires and successors Doc 
 ordaine and grant that there shall and may be convened held and kept by the Gover- 
 nor for the time being upon every last Wednesday in the month of May every yeare 
 for ever and at all such other times as the Governor of our said Province shall think fitt 
 and appoint a great and generall Court or Assembly shall consist of the Governor and 
 Councill or Assistants for the time being and of such freeholders of our said Province 
 or Territory as shall be from time to time elected or deputed by the major part of the 
 Freeholders and other Inhabitants of the respective Tovvnes or Places who shall be 
 present at such eleccons each of the said Tovvnes and Places being hereby empowered 
 to elect and depute two persons and noe more to serve for and represent them res- 
 pectively in the said Great and Generall Court or Assembly To which Great and 
 General Court or Assembly to be held as aforesaid Wee Doe hereby for us our heires 
 and successors give and grant fall power and authority from time to time to direct 
 appoint and declare what number each County Towne and Place shall elect and de- 
 pute to serve for and represent them respectively in the said Great and Generall 
 Court or Assembly Provided alvvaies that noe Freeholder or other person shall have 
 a vote in the eleccon of Members to serve in any Great and Generall Court or As- 
 sembly to be held as aforesaid who at the time of such election shall not have an 
 Estate of Freehold in Land within our said Province or Territory of the value of 
 fourty shillings per aim at the least or other Estate to the value of fifty pounds sterling 
 and that every person who shall be soe elected shall before he skt or act in the said Great 
 and Generall Court or Assembly take the Oathes menconed in an Act of Parliament 
 made in the first yeare of our reigne entituled an Act for the abrogateing of the Oathes 
 of Allegiance and Supremacy and appointing other Oathes thereby appointed to be 
 taken instead of the Oathes of Allegiance and Supremacy and shall make repeate and 
 subscribe the Declaracon menconed in the said Act before the Governor or Lieutenant 
 or Deputy Governor or any two of the Assistants for the time being who shall be 
 thereunto authorized and appointed by our said Governor and that the Governor for 
 the time being shall have full power and authority from time to time as he shall judge 
 neccessary to adjourne proroge and disolve all Great and Generall Courts or Assem- 
 blies mett and convened as aforesaid And our Will and Pleasure is and Wee Doe 
 hereby for us our heires and successors grant establish and ordain that yearly once in 
 every year for ever hereafter the aforesaid number of eight and twenty Councellors 
 or Assistants shall be by the Generall Court or Assembly newly chosen that is to say 
 eighteen at least of the Inhabitants or Proprietors of Lands within the Territorie for- 
 merly called The Colony of the Massachusetts Bay and foure at the least of the Inhabit- 
 ants of or Proprietors of Lands within the Territory formerly called New Plymouth 
 and three at the least of the Inhabitants of or Proprietors of Lands within the Terri- 
 tory formerly called the Province of Main and one at the least of the Inhabitants of 
 or Proprietors of Lands within the Territory lying between the River of Sagadahoc 
 and Nova Scotia and that the said Councellors or Assistants or any of them shall or 
 may at any time hereafter be removed and displaced from their respective places or 
 trust of Councellors or Assistants by any gicaler General Court or Assembly,, and 
 
117 
 
 that if any of the said Couneellors or Assistants shall happen to dye or be removed as ^Ippcndi., 
 aforesaid before the general! day of election that then and in every such case the N '• l3. 
 Great and Generall Court or Assembly at their first silling may proceed to a new choricmf Massa 
 Election of one or more Councillors or Assistants in the roome or place of such Ham eîîd Mary — 
 Councillors or Assistants soe dying or removed And Wee Doe further grant and or- 
 daine that it shall and may be lawful) for the said Governor which the advice and con- 
 sent of the Councill or Assistants from time to time to nominate and appoint Judges 
 Commissioners of Oyer and Terminer Sheriffs Provosts Marshalls Justices of the 
 Peace and other officers to our Councill and Courts of Justice belonging Provided 
 alwaies that noe such noininacon or appointment of officers be made without notice 
 first given or sumons issued out searen dayes before such nominacon or appointment 
 unto such of the said Councillors or Assistants as shall be at that time resideing with- 
 in our said Province And our Will and Pleasure is that the Governor and Lieuten- 
 ant or Deputy Governor and Councillors or Assistants for the time being and all other 
 officers to be appointed or chosen as aforesaid shall before the undertaking the execu- 
 tion of their Offices and Places respectively take their severall and respective Oathes 
 for the due and faithfull performance of their duties in their severall and respective 
 Offices and Places as alsoe the Oathes appointed by the said Act of Parliament made 
 in the first yeare of our reigne to he taken instead of the Oathes of Allegiance and 
 Supremacy and shall make repeate and subscribe the Declaracon menconed in the said 
 Act before such person or persons as are by these Presents hereinafter appointed (that 
 is to say) The Governor of our said Province or Territory for the time being shall 
 take the said Oathes and make repeate and subscribe 1he said Declaracon before the 
 Lieutenant or Deputy Governor or in his absence before any two or more of the said 
 Persons hereby nominated and appointed the present Couneellors or Assistants of our 
 said Province or Territory to whome Wee Doe by these Presents give full power and 
 authority to give and administer the same to our said Governor accordingly And 
 after our said Governor shall be sworne and shall have subscribed the said Declaracon 
 that then our Lieutenant or Deputy Governor for the time being and the Councillors 
 or Assistants before by these Presents nominated and appointed shall take the said 
 Oathes and make repeate and subscribe the said Declaracon before our said Governor 
 and that every such person or persons as shall (at any time of the annual Elections or 
 otherwise upon death or removal) be appointed to be the new Councillors or Assist- 
 ants and all other officers to be hereafter chosen from time to time shall take the 
 oathes to their respective Offices and Places belonging and alsoe the said oathes ap- 
 pointed by the said Act of Parliament to be taken instead of the Oathes of Allegiance 
 and Supremacy and shall make repeate and subscribe the declaracon menconed in the 
 said Act before the Governor or Lieutenant Governor or any two or more Council- 
 lors or Assistants or such other person or persons as shall be appointed thereunto by 
 the Governor for the time being to whome Wee Doe therefore by these Presents give 
 full power and authority from time to time to give and administer the same respect- 
 ively according to our true meaning herein before declared without any comission or 
 further warrant to be had and obteincd from us our heires and successors in that be- 
 halfe And our Will and Pleasure is and Wee Doe hereby require and comand that 
 all and every person and persons hereafter by us our heires and successors nomi- 
 nated and appointed to the respective offices of Governor or Lieutenant or Deputy 
 Governor and Secretary of our said Province or Territory (which said Governor or 
 Lieutenant or Deputy Governor and Secretary of our said Province or Territory for 
 the time being wee doe hereby reserve full power and authority to us our heires and 
 successors to nominate and appoint accordingly) shall before he or they be admitted to 
 the execution of their respective offices take as well the oath for the due and faithfull 
 performance of the said Offices respectively as alsoe the oathes appointed by the said 
 
 Act of Parliament made in the said first yeare of our reigne to be taken instead of the 
 
 3U* 
 
118 
 
 appendix, said Oathes of Allegiance and Supremacy and shall also make repeate and subscribe 
 No 13- the Declaracon appointed by the said Act in such manner and before such persons as 
 Charter or Mama- aforesaid And further our will and pleasure is and Wee Doe hereby for us our heires 
 hamand Mary.— and successors grant establish and ordaine that all and everie of the subjects of us our 
 heires and successors which shall go to and inhabit within our said Province and Ter- 
 ritory and every of their children which shall happen to be borne there or on the seas 
 in going thither or returneing from thence shall have and enjoy all Liberties and Im- 
 unities of free and naturall subjects within any of the Dominions of us our heires 
 and successors to all intents construceons and purposes whatsoever as if they and 
 every of them wore borne within this our Realme of England and for the greater ease 
 and encouragement of our loveing subjects inhabiting our said Province or Territory 
 of the Massachusetts Bay and of such a« shall come to inhabite there Wee Doe by 
 these Presents for us our heires and successors grant establish and ordaine that forever 
 hereafter there shall be a liberty of conscience allowed in the worship of God to all 
 Christians (except Papists) inhabiting or which shall inhabit or be resident within our 
 said Province or Territory And Wee Doe hereby grant and ordaine that the Gov- 
 ernor or Lieutenant or Deputy Governor of our said Province or Territory for the 
 time being or either of them or any two or more of the Council or Assistants for the 
 time being as shall be thereunto appointed by the said Governour shall and may at all 
 times and from time to time hereafter have full power and authority to administer and 
 give the Oathes appointed by the said Act of Parliament made in the first year of our 
 reigne to be taken instead of the Oathes of Allegiance and Supremacy to all and every 
 person and persons which are now inhabiting or resideing within our said Province or 
 Territory or which shall at any time or times hereafter goe or passe thither And 
 Wee Doe of our further grace certaine knowledge and meere mocon Grant establish 
 and ordaine for us our heires and successors that the Great and General! Court or 
 Assembly of our said Province or Territory for the time being convened as afore- 
 said shall for ever have full power and authority to erect and constitute Judicatories 
 and Courts of Record or other Courts to be held in the name of us our heires and suc- 
 cessors for the hearing trying and determining of all and all manner of crimes offences 
 Pleas Processes Plaints Accons Matters Causes and things whatsoever ariseing or 
 happening within our said Province or Territory or between persons inhabiting or 
 resideing there whether the same be Criminall or Civill and whether the said Crimes 
 be Capitall or notCapitall and whether the said Pleas be reall personall or mixt and 
 for the awarding and makeing out of execucon thereupon To which Courts and Judi- 
 catories Wee Doe hereby for us our heires and successors give and grant full power 
 and authority from time to time to administer Oathes for the better discovery of truth 
 in any matter in controversy or depending before them And Wee Doe for us our 
 heires and successors grant establish and ordaine that the Governour of our said Pro- 
 vince or Territory for the time being with the Councell or Assistants may doe exe- 
 cute or pcrforme all that is necessary for the Probate of Wills and granting of admin- 
 istrons for touching or concerning any Interest or Estate which any person or 
 persons shall have within our said Province or Territory And Whereas Wee judge 
 it necessary that all our subjects should have liberty to appeale to us our heires and 
 successors in cases that may deserve the same Wee Doe by these Presents ordaine 
 that in case either Party shall not rest satisfied with the Judgement or Sentence of any 
 Judicatories or Courts within our said Province or Territory in any personall Accon 
 wherein the matter in difference doth exceed the value of three hundred pounds ster- 
 ling that then hee or they may appeale to us our heires and successors in our or their 
 Privy Councill provided that such appeale be made within fourteen days after the 
 Sentence or Judgement given And that before such appeale be allowed security be given 
 by the party or parties appealeing in the valine of the malter in difference to pay or an- 
 swer the debt or damages for the which Judgment or Sentence is given with such costs- 
 
119 
 
 and damages as shall be awarded by us our heires or successors in case the Judgement Jippendiz 
 or Sentence be affirmed And Provided alsoe that nue execucon shall b< id or suspend- No " l3 
 ed by reason of such appeale unto us our heires and successors in our or their Pi ivy Coun- «-:, ..., . ,., ■ ., 
 cill soe as the party sueing or taking out execucon doe in the like manner give security il à \ 
 
 to the vallue ot" the matter in difference to make restitucon in case the said judgement or 
 sentence be reversed or annulled upon said appeale And wee doe further for us our 
 heires and successors give and grant to the said Governour and the Great and 
 General Court or Assembly of our said Province or Territory for the time being 
 full power and authority lrom time to time to make 01 daine and establish all man- 
 ner of wholesome and reasonable Orders Laws Statutes and Ordinances Direccons and 
 Instruccons either vviih penalties or without (soe as the same be not repugnant or 
 contrary to the Lawes of this our Realme of England as they shall judge to be for the 
 good and welfare of our said Province or Territory and for the Government and order- 
 ing thereof and of the people inhabiting or who shall inhabit the same and for the 
 necessary support and detence of the Government thereof And wee doe for us our 
 heires and successors give and grant that the said Geneiall Court or Assembly shall 
 have full power and authority to name and settle annually all Civill Officers within 
 the said Province such Officers excepted the election and constitucon of vvhome wee 
 have by these presents reserved to us our heires and successors or to the Governor 
 of our said province for the time being and to sell forth the severall duties powers 
 and limitts ot every such Officer to be appoinied by the said Generall Court or Assem- 
 bly and the tonnes of such oathes not repugnant to the Lawes and Statutes of this our 
 Realme of England as shall be respectively administred unto them for the execution 
 ol their severall Offices and Places and also to impose Fines Mulcts Imprisonments 
 and other Punishments and to impose and leavy proportionable and reasonable As- 
 sessments Rates and Taxes upon tne Estates and Persons of all and ever)' the Pro- 
 prietors or Inhabitants of our said Province or Territory to be issued and disposed of 
 by warrant under the hand of the Governor of our said Province for the time being 
 with the advice and consent of the Councill for our service in the necessary de- 
 fence and support of our Government of our said Province or Territory and the pro- 
 teccon and the preservacon of the Inhabiianls there according to such Acts as are 
 or shall be in force within our said Province and to dispose of matters and things 
 whereby our subjects Inhabitants of our said Province maybe religiously peaceably 
 and civilly governed protected and delended soe as their good life and orderly con- 
 versation may win die Indians Natives of the Country to the knowledge and obe- 
 dience of the onely true God and Sjviour of mankinde and the Christian faith 
 which his late Majesty our Koyall Grandfather King Charles the First in his said 
 Letters Patents declared was his Koyall intentions And the adventurers free profession 
 to be the principall end of the said Plantacon and for the better secureing and main- 
 teining liberty of Conscience hereby granted to all persons at any time being and 
 resideing within our said Province or Territory as aforesaid willing comanding and 
 requireing and by these presents for us our heires and successors ordaining and ap- 
 pointing that all such Orders Laws Statutes and Ordinances Instruccons and Direccons 
 as shall be soe made and published under our Seale of our said Province or Territory 
 shall be carefully and duely observed kept and perlormed and put in execution ac- 
 cording to the true intent and meaning of these presents Provided alwaies And 
 wee doe by these presents for us our heires and successors establish and ordaine 
 that in the frameing and passing of all such Orders Laws Statutes and Ordinances 
 and in all Elections and Acts of Government whatsoever to be passed made or done 
 by the said Generall Court or Assembly or Councill the Governor of our said Pro- 
 vince or Territory of the Massachusetts Lay in New England for the time being 
 shall have the negative voice and that without his consent or approbacon signified 
 and declared in writeing noe such Orders Laws Statutes Ordinances-Elections or other 
 
120 
 
 Appendix, acts of Government whatsoever soe to bee made passed or clone by the said General! 
 ' No- ' ; Assembly or in Councill shall be of any force effect or validity any thing herein 
 , , , r ,~ ,..„. conteyned to the contrary in any wise notwithstanding And wee doe for us our 
 i,!;;;;',';;;, '»i.„\ V - heires and successors establish and ordaine that the said Orders Laws Statutes and 
 "" l8M ' Ordinances be by the first opportunity after the makeing thereof sent or transmitted 
 unto us our heires and successors under the Publick Seale to be appointed by us for 
 our or their approbacon or disallowance and that in case all or any of them shall at 
 any time within the space of three years next after the same shall have been presented 
 to us our heires and successors in our or their Privy Councill be disallowed and re- 
 jected and soe signified by us our heires and successors under our or theire signe ma- 
 nuall and signett or by order in our or theire Privy Councill unto the Governor for 
 the time being then such and soe many of them as shall be soe disallowed and rejected 
 shall thenceforth cease and determine and become utterly void and of none effect 
 Provided alwaies that in case wee our heires or successors shall not within the 
 terme of three yeares afier the presenting of such Orders LawesStatutesor Ordinances 
 as aforesaid signifie our or their disallowance of the same then the said Orders Laws 
 Statutes or Ordinances shall be and continue in full force and effect a cording to the 
 true intent and meaning of the same until! the expiracon thereof or that the same shall 
 bee repealed by the General! Assembly of our -aid Province for the time being Pro- 
 vided alsoe that it shall and may be lawfull for the said Governor and Ge.-.erall 
 Assembly to make or passe any Grant of Lands lying within the bounds of the 
 Co/onyes formerly called the Collonies of the Massachusetts Buy and New Ply- 
 mouth and Province of Maine in such manner us heretofore they might have done 
 by vertue of any former Charier or Letters Patents which Grunts of Lands with- 
 in the bounds ajoresaid Wee Doe hereby will and ordeine to be and continue for- 
 ever of full force and effect without our farther approbacon or consent and 
 soe as neverlhelesse and it is our Royall will and pleasure that noe Grant or 
 Grants of any Lauds lying or extending from the River of Sagadahoc k to the 
 Gulp h of St. Laurence and Canada Rivers and to the Main Sea northward and 
 eastward to be made or past by the Governor and Generall Assembly of our said 
 Piovince be of any force validity or effect untill wee our heires and suc- 
 cessors shall have signified our or their approbacon of the same And Wee 
 Doe by these presents for us our heires and successors grant establish and ordaine 
 that the Governor of our said Province or Territory for the time being shall have 
 full power by himself or by any Chiei'e Comander or other Officer or Officers to 
 be appointed by him from time to time to frame instruct exercise and go* erne the 
 Militia there and for the speiiall defence and safety of our said Province or Territory 
 to assemble in martiall array and put in warlike posture the Inhabitants of our said 
 Province or Territory and to lead and conduct them and with them to encounter ex- 
 pulse repell resist and pursue by force of armes as well by sea as by land within or 
 without the limitts of our said Province or Territory and alsoe to kill slay destroy and 
 conquer by all fitting wayes enterprises and means whatsoever all and every such per- 
 son and persons as shall at any lime hereafter attempt or enterprise the deslruccon 
 invasion detriment or annoyance of our said Province or Territory and to use and ex- 
 ercise the Law Martiall in time of actuall Warr Invasion or Rebellion as occasion shall 
 necessarily require and alsoe from time to time to erect Forts and to fortifie any place 
 or places within our said Province or Territory and the same to furnish with all ne- 
 nessary amunicon Provisions and Stores of Warr for offence or defence and to cjmitt 
 from time to time the custody and government of the same to such person or persons 
 as to him shall seeme meet and the said Forts and Fortificacons to demolish at his 
 pleasure and to take and surprise by all waies and meanes whatsoever all and every 
 such person or persons with their Shipps Armes Amunition and other Goods as shall in 
 s hostile manner invade or attempt the invadeing conquering or annoying of our said 
 
121 
 
 Province or Territory Provided alwaies And Wee Doc by these Presents for us our .J/i/irru/i.r. 
 heires and successors grant establish and ordaine that the said Governour shall not at K "' ' ! " 
 any time hereafter by vcrtue of any power hereby granted or hereafter to he granted cimnei oi Massa 
 to him transport any of the Inhabitants of our said Province or Terri torie or oblige nàm'ami Mary.— 
 them to march out of the liniitts of the same without their free and voluntary consent 
 or the consent of the Great and Generall Court or Assembly of our said Province or 
 Territory nor grant Comissions for exerciseing the Law Martial] upon any the Inha- 
 bitants of our said Province or Territory without the advice and consent of the Coun- 
 cil! or Assistants of the same Provided in like manner and Wee Doe by these Presents 
 for us our heires and s-iccessors constitute and ordaine that when and as often as the 
 Governor of our said Province for the time being shall happen to die or be displaced 
 by us our heires or successors or be absent from his Government that then and in any 
 of the cases the Lieutenant or Deputy Governor of our said Province for the time be- 
 ing shall have full power and authority to doe and execute all and every such acts mat- 
 ters and things which our Governor of our said Province for the time being might or 
 could by vertue of these our Letters Patents lawfully doe or execute if lie were per- 
 sonally present until! the returne of the Governor soe absent or arrivall or constitucon 
 of such other Governor as shall or may be appointed by us our heires or successors in 
 his stead and that when and as often as the Governour and Lieutenant or Deputy Go- 
 vernor of our said Province or Territory for the time being shall happen to die or be 
 displaced by us our heires or successors or be absc-nt from our said Province and that 
 there shall be noe person within the said Province comissionated by us our heires or suc- 
 cessors to be Governour within the same then and in every of the said cases the Coun- 
 cill or Assistants of our said Province shall have full power and authority and Wee 
 Doe hereby give and grant unto the said Councill or Assistants of our said Province 
 for the time being or the major part of them full power and authority to doe and exe- 
 cute all and every such acts matters and things which the said Governour or Lieutenant 
 or Deputy Governour of our said Province or Territory for the time being might 
 or could lawfully doc or exercise if they or either of them were personally present 
 tin till the returne of the Governour or Lieutenant or Deputy Governour soe absent or 
 arrivall or constitucon of such other Governor or Lieutenant or Deputy Governour 
 as shall or may be appointed by us our heires or successors from time to time Pro- 
 vided alwaies and it is hereby declared that nothing herein conteyned shall extend or 
 be taken to erect or grant or allow the exercise of any Admiral! Court JurisdLccon 
 Power or authority but that the same shall be and is hereby reserved to us and our 
 successors and shall from time to time be erected granted and exercised by vertue of 
 comissions to be issued under the Great Scale of England or under the Scale of the 
 High Admirall or the Comissioncrs for cxecuteing the Office of High Admiral! of En- 
 gland And further our expresse will and pleasure is And Wee Doc by these Presents 
 for us our heires and successors ordaine and appoint that these our Letters Patents 
 shall not in any manner enure or be taken to abridge bar or hinder any of our loveing 
 subjects whatsoever to use and exercise the trade of fishing upon the Coasts of New 
 England but that they and every of them shall have full and free power and libertie to 
 continue and use the said Trade of Fishing upon the said Coasts in any of the Seas 
 thereunto adjoining or any armes of the said Seas or Salt Water Rivers where they 
 have been wont to fish and to build and sett upon the lands within our said Province 
 or Colony lying wast and not then posscst by particular Proprietors such Wharfes 
 Stages and Workhouses as shall be necessary for the salting drying keeping and pack- 
 ing of their Fish to be taken or gotten upon that Coast and to cutt downe and take 
 such Trees and other matterialls there growing or being upon any parts or places lying 
 wast and not then in possession of perticuler Proprietors as shall be needfull for that 
 purpose and for all other necessary easements help and advantages concerning the 
 said Trade of Fishing there in such manner and forme as they have been heretofore at 
 
 31" 
 
122 
 
 Appendix, any time accustomed to doe without makeing any wilfull waste or spoile any thing in 
 
 No. 13. these presents conteyned to the contrary notwithstanding And lastly for the better 
 
 ctarterofMaa»- provideing and furnishing of Masts for our Royall Navy Wee Doe hereby reserve to us 
 
 ' i Ufa™- our heires and successors all trees of the diameter of twenty four inches and upwards 
 
 of twelve inches from the ground growing upon any soyle or tract of Land within our 
 
 said Province or Territory not heretofore granted to any private persons And Wee 
 
 Doe restraine and forbid all persons whatsoever from felling cutting or destroying any 
 
 such trees without the Royall Lycence of us our heires and successors first had and 
 
 obtained upon penalty of forfeiting one hundred pounds sterling unto us our heires 
 
 and successors for every such tree so felled cutt or destroyed without such lycence 
 
 had or obtained in that behalfe any thing in these Presents contcined to the contrary 
 
 in any wise notwithstanding In Witnesse &c Witnesse ourselves at Westminster the 
 
 seaventh day of October. 
 
 By Writt of Privy Scale. 
 This is a true Copy from the original Record remaining in the Chapel of the 
 Rolls, having been examined. 
 
 JOHN KIPLING. 
 
APPENDIX No. XIV. 
 
 EXTRACT OF A LETTER 
 
 FKO.tt THE 
 
 LORDS COMMISSIONERS FOR TRADE AND PLANTATIONS 
 
 EAHLOF BELLOMONT, DATED 30TII OCTODEI!, 1TO0. 
 
 The address of the General Assembly of the Massachusetts Bay to his Majesty re- appendix. 
 eeived with the first of those Letters, shall be laid before his Majesty, with a Repre- No - i; - 
 sentation, which we intend to prepare on the same matters. What has hindered us 
 hitherto from doing it is the want of a Draught of the Charter for Harvard Colledge, 
 
 Letter from tire 
 l-i. nl- Commis 
 Mum Ms lit Trade 
 
 and such other informations as we expected to receive from Sir Henry Ashurst, in to the Earl "oi 
 
 ...... i-i t i • • il* » ' Bellomorrt. 
 
 pursuance ot the directions which your Lordship writes you had given him on that 
 subject. We have writ to Sir Henry Ashurst about it soma while since, but have yet 
 received no answer. 
 
 Jis to the Boundaries we have always insisted, and shall insist upon the Eng- 
 lish Right as far as the River St Croix; but in the mean while, in relation to the 
 Incroaehments of the French and their building a Church on Kennebeek River//;,'// 
 seems to us a very proper occasion for your Lordships urging the General assem- 
 bly of the Massachusetts Bay to rebuild the Fort at Pemaquid, which they ought 
 to have done long ago; and thereby they might have prevented this and many other 
 inconveniences. The alarm they have had from the Indians, is also another argu- 
 ment to make them think seriously of that matter, and they ought to be pressed to it 
 with all possible earnestness. 
 
 The Acts that you have sent us of the Massachusetts Bay, past there the 29th of 
 May last, are not under Seal; but we suppose we shall ere long receive an authentic!; 
 Copy thereof (as we have done others formerly) from Mr Addington, and then they 
 shall be considered. 
 
 The Representations that we were preparing, upon the Acts of the General Assem- 
 bly of the Massachusetts Bay having been laid before their Excellencies, we send you 
 copies thereof here inclosed; to which we refer ourselves, for the reasons of what we 
 have therein offered and when we receive orders thereupon, they shall also be trans- 
 mitted to you that they may be observed. 
 
 In relation to those Acts, we send you also, herewith, a Copy of some Remarks, 
 that we have made upon divers of them, which wc think very proper to be observed 
 by the Genera! Assembly of the Massachusetts Bay, upon all like occasions. 
 
 Mr Hillary Renue, a member of the Lustring Company, who has had many occa- 
 sions to apply to us in behalf of that Company, has lately communicated to us the 
 Copy of a Letter he writ to your Lordship the 6th of March 169f, relating to lus- 
 trings and Alamodes unlawfully imported into New England, which letter he says 
 was delivered to your Hands: and he has further desired us to recommend the mat- 
 ter he writes about to your Lordships care. 
 
124 
 
 Ippendix. Tho' we cannot advise your Lordship to those particular methods which he sug- 
 ' No. 14. ' ge Sts> because the Act upon which he grounds his desire is not in force in New Eng- 
 ~" — , hud 'as he supposes it to he, yet the Act of the 15th of King Charles the 2nd forhid- 
 ' -" N "r'T ,lin<r Tint anv Commodity of the Growth, Production & manulacture ot Europe, be 
 "? d ,i«" n È»ï""r imported into any of his Majesty's Plantations, but what shall he bona fide, and with- 
 out fraud, shipped in England, Wales or the Town of Berwick, &c. being a sufficient 
 authority for stopping of that indirect trade; we think your Lordship will do very 
 well to discourage it by all legal means, and more especially by charging the Officers 
 of the Customes that they be very vigilcnt in the discharge of their duty in that par- 
 ticular. 
 
 We desire your Lordship to be mindful of his Majesty's Instruction for sending 
 home yearly accounts of the Arms, Amunition and Stores remaining in all his Majes- 
 ty's Magazines and Garrisons in several Provinces under your Government: and to 
 take care that those Accounts be regularly transmitted, as his Majesty has directed. 
 
 We also desire your Lordship (as we shall do the Governours of all his Majesty's 
 other Plantations respectively) that a memorandum be entered upon the Council 
 Books of all your Governments, to caution them, that whenever any of those Govern- 
 ments, by the death, absence or Removal of a Governor or Lieutenant Governor im- 
 mediately commissioned by his Majesty, comes to devolve upon a President and the 
 Council of any of those Plantations or Governments, such President and Council do 
 forbear to pass any Acts, but such as are immediately necessary for the peace and 
 Welfare of any of the respective Governments, without his Majesty's express order for 
 that purpose. 
 
 Commonwealth of Massachusetts, 
 Secretary's Office. 
 
 I hereby certify, that the foregoing is a true Copy of Record as existing in 
 this Office. 
 In testimony of which, I have hereunto affixed the Seal of the said 
 Commonwealth, in my custody and possession, this twentieth day of 
 I L. s.] September, in the year of our Lord one thousand eight hundred and 
 
 twenty-eight, and of the Independence of the United States of Amer- 
 ica the fifty-third. 
 
 EDWARD D. BANGS, 
 Secretary of the Commonwealth. 
 
COMMISSIONS 
 
 GOVERNORS OF NOVA SCOTIA, 
 
 viz : 
 
 Richard Philipps 1719. Montague Wilmot 1763. 
 
 Ditto 1721. William Campbell 1765 
 
 Edward Cornwallis, 1749 Francis Leggr, 1773. 
 
 Henry Ellis 1761. John Parr 1782. 
 
 COaXIKISSION TO RICHARD PHILIPPS, ESQUIRE, 
 
 AS GOVERNOR OF PLACENTIA, AND CAP IAIN-GENERAL AND GOVERNOR-INCHIEF 
 OF NOVA SCOTIA, 11TH SEPT: 2 GEO: II. 1719. 
 
 First part of Patents in the Second year of King George the Second 
 
 George the Second by the Grace of God &c toourtri.sty and welbeloved Richard Phi- appendix, 
 lipps Esquire greeting If hereas our late lioyul Father of blessed memory did by No. l5 - 
 his Letters Patents under his Great Seal of Great Britain bearing dale at JVestmin- commissions or 
 ster the ni net h day of July in the Fifth year of his reign constitute and appoint you %1^&mI£!* °' 
 the said Pic/iardPhi/ijips Governor nj Placentia in Newfoundland and Captain RienarfPhiiipps, 
 General andGovernor in Chief in and over his province of Nova Scotia or Accadie in m3. Sel " eraber ' 
 America lor and during his said late Majesties will and pleasure as by the said recited Let- 
 ters Patents relation being thereunto had may more fully and at large appear In which 
 said office by virtue of the statute in such case made and provided he was continued 
 for the space of six months from the time of the demise of his said late Majestic and 
 by virtue of our Royal proclamacon for that purpose issued bearing date the fifth day 
 of July in the first year of our reign he is continued until our pleasure be further 
 known or other provision he made concerning the said office Now know you that 
 wee have revoked and determined and by these presents do revoke and determine 
 the said recited Letters Patents and every clause article and thing therein contained 
 And further know you that wee reposing especial trust and confidence ir the pru- 
 dence courage and loyalty of you the said Richard Philipps out of our especial «race 
 certain knowledge and meere mocon Have thought Jit to constitute and appoint 
 and by these presents do constitute and appoint you (he said Richard Philipps to 
 be our Governor of Placentia in Newfoundland and our Captain General and 
 Governor in Chief in and over our province of Nova Scotia or Accadie in 
 America And Wee do hereby require and command you to do and execute all things 
 in due manner that shall belong unto your said command and the trust wee have re- 
 posed in you according to the several powers and authorities grai.ted or appointed vou 
 by this present comission and the Instructions herewith given you or by such further 
 powers instructions or authorities as shall at any time hereafter be granted or appoint- 
 ed you under our Signet and Sign manual or by our order in our privy Council 
 
 and according to such reasonable laws and statutes as hereafter shall be made and as- 
 32* 
 
126 
 
 . îppendix. sented to by you with the advice and consent of our Council and Assembly of our said 
 
 No. 15. l> I0 vince hereafter to be appointed and for the better administration of Justice and 
 
 (• f „;~~, ls „ f management of the publick affaires of our said province Wee hereby give and grant un- 
 
 NÔva G sco™ ra "' to you the said Richard Philipps full power and authority to choose nominate and ap- 
 
 RichardTi ,,., point such fitting and discreet persons as you shall either find there or carry along wilh 
 
 nth September, not excee( i; ng tne number of Twelve to be of our Council in our said province till 
 
 our further pleasure be known any five whereof we do hereby appoint to be a quorum 
 which beino- done you shall your selfe take and also administer unto each of the mem- 
 bers of our said Council the oathes menconed in an act passeu in the first year of His 
 said late Majesties Reign entituled (an act for the further security of His Majesties per- 
 son and Government and the succession of crown in the heires of the late Princess 
 Sophia being protestants and for extinguishing the hopes of the pretended Princ< of 
 Wales and his open and secret abettors) as also to make and subscribe and cause 
 them to make and subscribe the Declaracon menconed in an act of Parliament 
 made in the twenty fifth year of the Reigne of King Charles the Second entituled 
 (An act for preventing dangers which may happen from Popish Recusants) and 
 vou and every one of them are to take an oath for the due execution of your and 
 their places and trusts as well with regard to the equal and unequal administration 
 of Justice in all causes that shall come before you as in all other matters and like- 
 wise the oath required to be taken by all Governors of Plantations to do their ut- 
 most that the laws relating to the plantacons be observed all which oaths Wee do 
 hereby impower any five of our said Council to administer to you and wee do hereby 
 give and grant unto you the said Richard Philips by your selfe or by your Captains 
 and commanders by you to be authorized full power and authority to levy arm muster 
 command and employ all persons whatsoever residing within our said province of No- 
 va Scotia under your Government and as occasion shall serve to inarch from one place 
 to another or to embark them for the resisting and withstanding of all enemies pirates 
 and rebells both at Sea and Land and to transport such Forces to any of our plantations 
 in America if necessity shall require for defenceof the same against the Invasion or at- 
 tempts of any of our enemies and such enemies pirates and rebels if there shall be oc- 
 casion to pursue and prosecutt in or out of the limits of our said province and if it 
 shall so please God them to vanquish apprehend and take and being taken according 
 to Law to put to death or keep and preserve alive at your discretion and to execute 
 martial Law in time of invasion insurrection or other times when by Law it may be 
 executed and to do and execute all and every other thing and things which to our Cap- 
 tain General and Governor in Chief doth or ought of right to belong And wee do like- 
 wise give and grant unto you full power and authority by and with the advice and 
 consent of our said Council to settle and agree with the Inhabitants of our said pro- 
 vince of Nova Scotia for such Lands Tenements and Hereditaments as now are or 
 hereafter shall be in our power to dispose of and them to grant to any person or per- 
 sons upon such Fines and under such moderate quit rents services and acknowledge- 
 ments to be thereupon reserved unto us as you by and with the advice aforesaid shall 
 think fit which said Grants being entered upon record by such officer as you shall ap- 
 point thereunto shall be good and effectual in Law against us our heires and successors 
 And wee do hereby give and grant unto you the said Richard Philipps or to any five 
 or more of the Council full power and authority to administer the aforementioned 
 oalhes unto every person in the said province capable by the Laws to taue the same 
 And wee do hereby further give full power and authority to you the said Richard 
 Philipps to do execute and performe all and every such further act and acts as shall or- 
 may tend or conduce to the security of our said province and the good people thereof 
 and to the honour of our Crown And our further will and pleasure is and wee do here- 
 by require and command all officers and ministers civil and military and all other In- 
 habitants of our said province of Nova Scotia to be obedient aiding and assisting unto 
 
127 
 
 you the said Richard Philipps in the execucon of this our Comission and of the powers appendix. 
 and authorities therein contained And in case of your death or absence out of our said N " 15 - 
 province to be obedient aiding and assisting to such person as is or shall be appointed cor^L, of 
 by us to be our Lieutenant Governor or Commander in Chief for the time being to Nova sêoda" 1 °' 
 
 whom wee do therefore by these presents give and grant all and singular the powers RichardPi ,„, 
 
 and authorities herein granted to be by him executed and enjoyed during our pleasure in». 8t ' ine '" bp . r ' 
 or until your arrival within our said province And wee do hereby declare ordain and 
 appoint that you the said Richard Philipps shall and may hold execute and enjoy the 
 office and place of our Governor of Placentia in Newfoundland and our Captain Gene- 
 ral and Governor in Chief in and over our said province ot Nova Scotia with all its 
 and appurtenances whatsoever together all and singular the powers and authorities here- 
 by granted unto you for and during our will and pleasure In Witness &c Witness 
 ourselfe at Westminster the eleventh day of September. 
 
 By fVritt of Privy Seal 
 This is a true Copy from the Original Record remaining in the Chapel of the Rolls, 
 having been examined. 
 
 JOHN KIPLING. 
 
 coiwnvnssiow or richard philips, esquire, 
 
 AS GOVERNOR OF PLACENTIA AND CAPTAIN-GENERAL AND GOVEUNOR-IN-CH1EF 
 OF NOVA SCOTIA, 9TH JULY, 5 GEO: [I. 
 
 Secunda pars Paten de anno Regni Regis Georgij quinto. 
 
 George by the grace of God &c To our trusty and welbeloved Richard Philips Esquire Richard Philippe 
 
 Greeting Mb July, irai. 
 
 Know yee that Wee reposing especiall trust and confidence in the prudence courage 
 and loyalty of you the said Richard Philips out of our especiall grace certain know- 
 ledge and meer mocon Have thought fit to constitute and appoint And by these Pre- 
 sents Do constitute and appoint you the said Richard Philips to he our Governor 
 of Placentia in Newfoundland and our Captain General and Governor in Chief 
 in and over our Province of Nova Scotia or slccadie in America And wee Do here- 
 by require and comand you to do and execute all things in due manner that shall be- 
 long unto your said Command and the trust wee have reposed in you according to the se- 
 veral powers and directions granted or appointed you by this present Comission and 
 the Instruccons herewith given you or by such further powers instruccons or authori- 
 ties as shall at any time hereafter be granted or appointed you under our Signet and 
 Sign Manual or by your Order in our Privy Council and according to such reasonable 
 Laws and Statutes as hereafter shall be made and assented to by you with the advice 
 anil consent of our Council and Assembly of our said Province hereafter to be appoint- 
 ed and for the better administracon of Justice and management of the Publick Affairs 
 of our said province Wee hereby give and grant unto you the said Richard Philips full 
 power and authority to chuse nominate and appoint such fitting and discreet persons 
 as you shall either find there or carry along with you not exceeding the number of 
 twelve to be of our Council in our said Province till our further pleasure be known any 
 five whereof Wee do hereby appoint to be a Quorum which beingdoneyou shall your- 
 selfe take care and also administer unto each of the Members of our said Council the 
 Oatlies menconed in an Act passed in the first year of our reign entituled An Act for the 
 
ISS 
 
 Appendix, further sesurity of His Majesties person and government and the succession of the 
 
 No- 15. crown i n the heires of the late Princess Sophia being Protestants and for extinguishing 
 
 ,. ~~~ rthehoDcsoftheprctendedPrinceofWalesandhisopenandsecretAbettorsasalsotomake 
 
 Commissions "f lilt- liujjcsui lu^|-»» *-<■>* 
 
 ibe^Governo™ oi ^ SUDSCr i De and cause the Members of our said Council to make and subscribe the De- 
 R 7h.,7W, claracon menconed in an Act of Parliament made in the twenty fifth year of the reign 
 '"" J '" y ' mh of King Cha. les the Second entituled An Act for preventing dangers which may hap. 
 pen from Popish Recusants And you and every one of them are to take an Oath for the 
 due execution of your and their places and trusts as well with regard to the equal and 
 impartial administracon of Justice in all Causes that shall come before you as in all 
 other matters and likewise the Oath required to be taken by all Governors of Planta- 
 tions to do their utmost that the laws relating to the Plantations be observed All which 
 Oaths Wee do hereby impower any five of our said Council to administer to you And 
 Wee Do hereby give and grant unto you the said Richard Philips by yourselfe or by 
 your Captains and Comanders by you to be authorized full power and authority to le- 
 vy arm muster comand and employ all persons whatsoever residing within our said 
 Province of Nova Scotia under your Government and as occasion shall serve to march 
 from one place to another or to embark them for the resisting and withstanding of all 
 enemys pirates and rebels both at sea and at land and to transport such Forces to any 
 of our Plantacons in America if necessity shall require for defence of the same against 
 the invasion or attempts of any of our enemys And such enemys pirates and rebels if 
 there shall be occasion to pursue and prosecute in or out of the limits of our said Pro- 
 vince and if it shall so please God them to vanquish apprehend and take and being ta- 
 ken according to Law to put to death or keep and preserve alive at your discretion and 
 to execute Martial law in time of Invasion Insurrection Warr or other times when by- 
 law it may be executed and to do and execute all and every other thing and things 
 which to our Captain Generall and Governor in Chief doth or ought of right to belong 
 And Wee Do likewise give and grant unto you full power and authority by and with 
 the advice and consent of our said Council to settle and agree with the Inhabitants of 
 our said Province of Nova Scotia for such Lands Tenements and Hereditaments as now 
 are or hereafter shall be in our power to dispose of and them to grant to any person or 
 persons upon such terms and under such moderate Quitt Rents services and acknow- 
 ledgements to be thereupon reserved unto us by you (by and with the advice aforesaid) 
 shall think fit which said grants being entered upon record by such officers as you shall 
 appoint thereunto shall be* good and effectual in Law against us our heires and succes- 
 sors And Wee Do hereby give and grant unto you the said Richard Philips or to any 
 five or more of the Council full power and authority to administer the afore menconed 
 oaths unto every person in the said province capable by the laws to take the same And 
 Wee do hereby further give full power and authority to you the said Richard Philips 
 to do execute and perform all and every such further act and Acts as shall or may tend 
 or conduce to the security of your said province and the good people thereof and to the 
 honor of the crown And our further will and pleasure is and Wee do hereby require 
 and comand all officers and ministers civil and military and all other Inhabitants of our 
 said province of Nova Scotia to be obedient aiding and assisting unto you the said Rich- 
 ard Philips in the execucon of this our Comission and of the powers and authoritys 
 herein contained And in case of your death or absence out of our said province to be 
 obedient aiding and assisting to such person as is or .'hall be appointed by us to be our 
 Lieutenant Governor or Comander in Chief for the time being to whom wee do there- 
 fore by these presents give and grant all and singular the powers and authorities herein 
 granted to be by him executed and enjoyed during our pleasure or until your arrival 
 within our said province And wee do hereby declare ordaine and appoint that you the 
 said Richard Philips shall and may hold execute and enjoy the Office and place of our 
 Governor of Placentia in Newfoundland and our Captain General and Governor in 
 
129 
 
 Chief in and over our said province of Nova Scotia with all and singular the powers appendix 
 and jiithorities hereby granted unto you for and during our will and pleasure In Wit- Nn I5 ' 
 nesse &c Witnesse Ourselfe at Westminster the nineth day of July. Commis» t oi 
 
 11 ixr 'h r t» • o i ihe Governors ol 
 
 Uy Writt of Privy Seal Nova scetts. 
 
 This is a True Copy from the Original Record remaining in the Chapel of the 
 Bolls, having been examined. 
 
 JOHN KIPLING. 
 
 COMMISSION TO EDWARD CORNWALLIS, 
 
 AS CAPTAIN GENERAL AND GOVEKNOK-IN-CMEF OF NOVA SCOTIA, 6TH MAY, 
 
 22 GEO: II. 1749. 
 
 Seco7idpart of Patents in the twenty second year of King George the Second 
 
 Governor op Nova Scotia Commission 
 George the Second by the Grace of God of Great Britain France and Ireland Kins Edward Comwai. 
 
 _ " lis, 6Ui May, 1749 
 
 Defender of the Faith &.C. To our Trusty and Welbeloved The Honorable Edward 
 Cornwallis Esqr. Greeting W hereas we did by our Letters patent under our Great 
 Seal of Great Britain bearing date at Westminister the Eleventh day of September in 
 the Second year of our Reign Constitute and appoint Richard Philips Esquire our 
 Captain General and Governor in Chief in and over our Province of Nova Scotia or 
 Aecadie in America with all ihe Rights members and appurtenances whatsoever there- 
 unto belonging lor and during our will and pleasure as by the «aid Recited Letters 
 patent relation being thereunto h;id may more fully and at large appear Now 
 Know You that We have revoked and determined And by these presents Do revoke 
 and determine the said iecited Letters Pattent and every Clause Article and thing 
 therein contained And further Know you that ff'e reposing especial Trust and 
 Confidence in the prudence Courage and Loyalty of you the said Edward Cornwallis 
 of our especial Grace certain knowledge and meer motion Have thought fit to consti- 
 tute and appoint And by these /resents Do constitute and appoint you the said 
 Edward Cornwallis to be our Captain General and Governor in Chief in and over 
 our Province of Nova Scotia or accadie in America with all the rights 7nembers 
 and appurtenances whatsoever thereunto belonging And We do hereby require 
 and command you to do and execute all things in due manner that shall belong unto 
 your said Command and the Trust we have reposed in you according to the several 
 powers and authorities granted or appointed you by this present commission and the 
 Institutions herewith given you or by such further powers Instructions and authorities 
 as shall at any time hereafter be granted or appointed you under our Signet and Sign 
 Manual or by our Order in our Privy Council and according to such reasonable Laws 
 and Statutes as hereafter shall be made or agreed upon by you with the advice and con- 
 sent of our Council and the Assembly of our said Province under your Government 
 hereafter to be appointed in such manner and form as hereafter expressed And for the 
 belter administration of Justice and management of the public affairs of our said Pro- 
 vince We hereby give and Grant unto you the said Edward Cornwallis full po.verand 
 authority to Chuse Nominate and Appoint such fitting and Discreet persons as you 
 shall either fi-id there or carry along with you not exceeding the number of twelve to 
 be of our Council in our sard Province as also to nominate and appoint by warrant un 
 der your hand and Seal all such other Officers and Ministers as you shall judge proper 
 and necessary for our Service and the Good of the people whom We shall settle in our 
 
 33* 
 
i3U 
 
 tpptndix nid Province until our further will and pleasure shall be known And our Will arid' 
 No- IS. pleasure is that you the said Edward Cornwallis (alter the publication of these our 
 Con ~~„ B of Letters patent) do take the Oaths appointed to.be taken by an Act passed in the first 
 i„ Governor, of of h j s Jate jyi a j est y Our Royal Fathers Reign Entiluled (An act lor the further se- 
 
 , ,' .mTtIuu ,i- cunty of His Majestys person and Government and the Succession of the Crown in the- 
 "' ''"' Moy,lm heirs of the late Princess Sophia being Protestants and for extinguishing the hopes of 
 the pretended Prince of Wales and his open and Secret Abettors) as also that you may 
 make and subscribe the Declaration mentioned in an Act of Parliament made in the 
 twenty-fifth year of the reign of King Charles the Second Entituled (An Act lor pre- 
 venting dangers which may happen from Popish Recusants) and likewise that you 
 take the usual Oath for the dueexecution of the Office and Trust of our Captain Gene- 
 ral and Governor in Chief of our said Province for the due and impartial administration 
 of Justice And further that you take the Oath required to be taken by Governors of 
 Plantations to do their utmost that the several Laws relating to trade and the plan- 
 tations be observed All which said Oaths and Declaration our Council in our said pro- 
 vince or any five of the members thereot have hereby full power and authority and 
 are required to tender and administer unto you and in your absence to our Lieutenant 
 Governor if there be any upon the place all which duly performed you shall ad- 
 minister unto each of the Members of our said Council as also to our Lieutenant 
 Governor if there be any upon the place the said Oaths mentioned in the said Act in- 
 tituled (An act for the further Security of his Majesty's person and Government and 
 the succession of the Crowrrin the Heirs of the late Princess Sophia being Protestants 
 and for extinguishing the hopes of the pretended Prince of Wales and his open and Se- 
 cret Abettors) as also to cause them to make and subscribe the aforementioned Decla- 
 ration and to administer to them the Oath for the due execution of their places and 
 Trusts And We do hereby give and grant unto you lull power and authority to sus- 
 pend any of the Members of our said Council io be appointed by you as aforesaid from 
 sitting voting and assisting therein if you shall find just Cause for so doing And if it 
 shall at any time happen that by the death departure out of our said province suspen- 
 sion of any of our said Councillors or otherwise there shall be a vacancy in our said 
 Council.(any five whereof we do hereby appoint to be a Quorum) Our Will and plea- 
 sure is that you signify the same unto us by the first opportunity That We may un- 
 der our signet and sign Manual constitute and appoint others in their stead But that 
 our affairs at that distance may not suffer for want of a due Number of Councillors 
 if ever it shall happen that there be less than nine of them residing in our said Pro- 
 vince We do hereby give and grant unto the said Edward Cornwallis full power and 
 authority to chuse as many persons out of the principal freeholders Inhabitants there- 
 of will make up the full Number of our said Council to be nine and no more which 
 persons so chosen and appointed by you shall be to all intents and purposes Council- 
 lors in Our said Province until either they shall be confirmed by us or that by the 
 nomination of others by us under our Sign Manual and Signet Our said Council shall 
 have Nine or more persons in it And we do hereby give and Grant unto you full 
 power and authority with the advice and consent of our said Council from time to 
 time as need shall require to summon and call General Assemblys of the said Free- 
 holders and planters within your Government according to the usage of the rest of our 
 Colonies and plantations in America And our Will and pleasure is that the persons 
 thereupon duly elected by the major part of the Freeholders of the respective coun- 
 ties and places and so returned shall before their sitting take the Oaths mentioned in 
 the said Act Entituled (An act for the further Security of His Majesty's person and 
 Government and the Succession of the Crown in the Heirs of the late Princess So- 
 phia being Protestants and for extinguishing the hopes of the pretended Prince of 
 Wales and his open and secret Abettors) as also make and subscribe the aforemention- 
 ed Declaration (Which Oath» and declaration you shall commissionate fit persons un- 
 der our Seal of Nova Scotia to tender and administer unto them and until the same 
 
I3£ 
 
 jliall be so taken and subscribed no person shall be capable of silting tho' Elected) Appendix. 
 
 And we do hereby declare that the persons so elected and Qualified shall he called 
 
 and deemed the General Assembly of that our Province of Nova Scotia And that commissions of 
 
 the Governors of 
 
 you the said Edward Cornwall!» with the advice and consent ol our said Council and i^ovn semi». 
 Assembly or the Major part of them respectively shall have full power and authority Edward^comwai 
 to make constitute and ordain Laws Statutes and Ordinances for the public peace wel- 
 fare and good Government of our said Province and of the people and Inhabitants 
 thereof and such others as shall resort thereto and for the benefit of us our Heirs and 
 Successors which, said Laws Statutes and Ordinances are not to be repugnant but as 
 near as may be agreeable to the Laws and Statutes of this our Kingdom ot Great Bri- 
 tain Provided that all such Laws Statutes and Ordinances of what nature or duration 
 soever be within three Months or sooner, after the making thereof transmitted to us 
 under our Seal of Nova Scotia for our approbation or disallowance of the same as also 
 Duplicates by the next conveyance And in case any or all of the said Laws Statutes 
 and Ordinances not before confirmed by us shall at any time be disallowed and not ap- 
 proved and so signified by us our heirs or successors under our or their sign Manual 
 and Signet or by order of Our or Their Privy Council unto you the said Edward 
 Cornwallis or to the Commander in Chief of our said Province for the. time being 
 Ihen such and so many of the said Laws Statutes and Ordinances as shall be so disal- 
 lowed and not approved shall from thenceforth cease determine and become utterly 
 void and of none effect any thing to the contrary thereof notwithstanding And to the 
 end that nothing may be passed or done by our said Council or Assembly to the pre- 
 judice of us our Heirs and Successors We Will and ordain that you the said Edward 
 Cornwallis shall have and enjoy a Negative Office in the making and passing of all 
 Laws Statutes and Ordinances as aforesaid And you shall and may likewise from time 
 to time as you shall judge it necessary adjourn prorogue and dissolve all Genera! 
 Assemblies as aforesaid And our further Will and pleasure is that} ou shall and 
 may keep and use the public Seal of our Province of Nova Scotia for sealing all 
 tilings whatsoever that pass the Great Seal of our said Province unaer your Govern- 
 ment And we do further Give and Grant unto you the said Edward Cornwallis full 
 power and authority from time to time and at any time hereafter by yourself or 
 by any other to be authorized by you in that behalf to administer and give the oaths 
 mentioned in the aforesaid Act to all and every such person or persons as you 
 shall think fit who shall at any time or times pass into our said Province or shall 
 be resident or abiding there And we do by these presents give and grant unto you 
 the said Edward Cornwallis full power and authority with the advice and consent 
 of our said Council to erect constitute and establish such and so many Courts of Ju- 
 dicature and public Justice within our said Province and Dominion as you and they 
 shall think fit and necessary lor the hearing and determining of all causes as well 
 criminal as civil according to Law and Equity and for awarding of Execution thereup- 
 on with all reasonable and necessary powers authorities fees and privileges belonging 
 thereunto as also to appoint and commissionate fit persons in the several parts of your 
 Government to administer the oaths mentioned in the aforesaid Act Entituled (An act 
 for the further Security of His Majestys person and Government and the Succession 
 of the Crown in the heirs of the late Princess Sophia being Protestants and for extin- 
 guishing the hopes of the pretended Prince of Wales and his open and Secret Abet- 
 tors) as also- to tender and administer the aforesaid Declaration unto such persons 
 belong to the said Courts as shall be obliged to take the same And we do hereby au- 
 thorize and empower you to constitute and appoint Judges and in cases requisite Com- 
 missioners of Oyer and Terminer Justices of the peace and other necessary Orders 
 and Ministers in our said Province for the better Administration of Justice and put- 
 ting the Laws in execution and to administer or cause to be administered unto them 
 such Oath or Oaths as are usually given lor the due execution and performances ol Of- 
 fices and places and for the clearing of truth in Judicial Causes And We do hereby 
 
132 
 
 .appendix, give and Grant unto you full power and authority where you shall see cause or shall 
 No. 15. : U( jg e anv offender or offenders in Criminal matters or for any fines or Forfeitures due 
 ,nntn us fit obiects of Our Mercy to pardon all such offenders and to remit all such of- 
 V ?sra™» ora "'fences Fines and Forfeitures Treason and wilful Murder only excepted In which case 
 Edw»rdcirnw«i- you shall likewise have power upon Extraordinary occasion to grant Reprieves to 
 it, cih May, «49. ^ ff ent i e rs until and to the Intent our Royal Pleasure may be known therein we do 
 bv these presents authorize and impower you to Collate any person or persons to any 
 Churches Chapels or other Ecclesiastical Bénéficies within our said Province as often as 
 any of them shall happen to be void And we do hereby give and Grant unto you the 
 said Edward Cornwallis by yourself or by your Captains and commanders by you to 
 be authorized full power and authority to levy arm muster Command and employ all 
 persons whatsoever residing within our said Province and as occasion shall serve to 
 march from one place to another or to embark them for the resisting and withstanding 
 of all Enemies pirates and Rebels both at Land and Sea and to Transport such forces 
 to any ol our plantations in America if necessity shall require for the defence of the 
 same against the Invasion or attempts of any of our Enemies and such Enemies pirates 
 and Rebels (if there shall be occasion) to pursue and prosecute in or out of the limits 
 of our said Province and plantations or any of them and (if it shall so please God) 
 to vanquish apprehend and take them and being taken accordi g to Law to put to death 
 or keep and preserve them alive at your discretion and lo execute Martial Law in time 
 of Invasion or other times when by Law it may be executed and to do and execute all 
 and every other Thing or Tilings which to our Captain General and Governor in Chief 
 doth or ought of right to belong And we do hereby give and Grant unto you full power- 
 and authority by and with the advice and consent of our said Council of Nova Scotia 
 to Lrect Raise and build in our said Province such and so many Forts and platforms 
 Castles Cities Boroughs Towns and Jollifications as you b\ the advice aforesaid shall 
 judge necessary ana the same or any ol them to Fortify and furnish with Ordnance 
 Ammunition and all sorts of arms necessary lor the security ana tlt-tence of our said Pro- 
 vince and by the ail vice aioresaiu the same again or any ol them tu Demolish or Disman- 
 tle as may be most convenient And for as much as divers mutinies and disorders may 
 happen by persons shipped and employed at Sea during the time of War and to the end 
 tha^ sucn as shall be shipped and emjiloyed at Sea during ttie time of War may be belter 
 Governed and Ordeied VV e do hereby give and grant unto you the said Edward Corn- 
 wallis full power and authoritj to constitute and appoint Captains Lieutenants Masters 
 of Snips and other Commanders and Officers and to grant to such Captains Lieutenants 
 Masters of Ships and other Commanders and Orlicers Commissions in time of V\ ar to 
 execute the Law Martial according to the directions of such Laws as are now in force or 
 shall hereafter be passed in Great Britain lor that purpose and to use such proceedings 
 authorities punishments and executions upon any Oiiender or Offenders who shall be 
 Mutinous Seditious disorderly or any way unruly either at Sea or during the time of 
 their abode or residence in any ol the Ports Harbours or Bays of our said Province as the 
 cause shall be found to require according to Martial Law and the said directions during 
 the time of War as aforesaid Provided that nothing herein contained shall be construed 
 to the Enabling you or any by your authority to hold plea or have any Jurisdiction of 
 any Offence cause matter or thing committed or done upon the High Sea or within any 
 of the UavensRivers or Creeks of our said province under your Government by any Cap- 
 tain Commmander Lieutenant Master Officer Seaman Soldier or person whatsoever who 
 shall be in our actual service and pay in or on Board any of our Ships of War or other 
 \ essels acting by immediate Commission or W arrant from our Commissioners for exe- 
 cuting the Office of our High Admiral or from Our High Admiral of Great Britain for 
 the time being under the Seal of our Admiralty but that such Captain Commander Lieu- 
 tenant Master Officer Seaman Soldier or other person so offending shall be left to be 
 proceeded against and tried as their Offences shall require e.ther by Commission under 
 
133 
 
 Our Great Seal of Great Britain as the Statute of the twenty eighth of Henry the Eighth Jlppendix. 
 directs or by commission from our said Commissioners for executing the Office of Our No- 15 ' 
 High Admiral or from our High Admiral of Great Britain for the time being according commissions of 
 to the aforementioned Act for the Establishing Articles and Orders for the Regulating Nova scôtS!™ 
 and better Government of His Majestys Navys Ships of War and Forces by Sea and Edward Cornwai- 
 
 _ . , , , , , ,, ,. , • , lis, 6th May, 1749. 
 
 not otherwise Provided nevertheless that all disorders and misdemeanors committed 
 on shore by any Captain Commander Lieutenant Master Officer Seaman Soldier or 
 other person whatsoever belonging to any of our Ships of War or other vessels acting 
 by immediate Commission or Warrant from our said Commissioners for executing the 
 Office of High Admiral or from our High Admiral of Great Britain for the time being 
 under the seal of our Admiralty may be tried and punished according to the Laws of 
 the place where any such Disorders Offences and Misdemeanors called be committed on 
 Shore notwithstanding such Offender be in our actual service and borne in our pay on 
 board any such our Ships of War or other vessel acting by immediate Commission or 
 Warrant from our said Commissioners for executing the Office of High Admiral of 
 Great Britain for the time being as aforesaid so as he shall not receive any pro- 
 tection for the avoiding of Justice for such Offences committed on shore from any 
 pretence of his being employed in our Service at Sea And our further Will and 
 pleasure is that all public money raised or which shall be raised by any Act hereafter 
 to be made within our said province be issued out by Warrant from you and with the 
 advice and consent of the Council and disposed of by you for the support of the Go- 
 vernmentand not otherwise And wedo likewise Give and Grant unto you full power and 
 authority by and with the advice and consent of our said Council to settle and agree with 
 the Inhabitants of our Province for such Lands Tenements and Hereditaments as now 
 are or hereafter shall be in our power to dispose of and them to grant to any person or 
 persons upon such terms and under such moderate Quit Rents Services and acknow- 
 ledgements to be thereupon reserved unto us as you (by and with the advice aforesaid) 
 shall think fit which said Grants are to pass and be sealed by our Seal of Nova Scotia and 
 being Entered upon Record by such Officer or Officers as shall be appointed thereunto 
 shall be good and effectual in Law against us our heirs and Successors And we do 
 hereby give you the said Edward Cornwallis full power to order and appoint Fairs 
 Marts and Markets as also such and so many Ports Harbours Bays Havens and other 
 places for convenience and Security of Shipping and for the better loading and un- 
 loading of Goods and Merchandizes as by you with the advice and consent of the said 
 Council shall be thought fit and necessary And we do hereby require and Command all 
 Officers and Ministers Civil and Military and all other Inhabitants of our said Province 
 to be obedient aiding and assisting unto you the said Edward Cornwallis in the Execu- 
 tion of this our Commission and of the powers and authorities herein contained and 
 in case of your death or absence out of our said Province to be obedient aiding and as- 
 sisting unto such person as shall be appointed by us to be our Lieutenant Governor or 
 Commander in Chief of our said Province To whom we do therefore by these pre- 
 sents Give and Grant all and singular the powers and authorities herein granted to be 
 by him executed and enjoyed during our pleasure or until your arrival within our said 
 Province And if u^on your death or absence out of our said Province there be no per- 
 son upon the place Commissionated or appointed by us to be our Lieutenant Governor 
 or Commander in Chief of the said Province Our Will and pleasure is that the Eldest 
 Councillor who shall beat the time of your death or absence residing within our said 
 Province shall take upon him the administration of the Government and execute our said 
 Commission and Instructions and the several powers and authorities therein contained 
 in the same manner and to all Intents and purposes as other Our Governor or Com- 
 mander in Chief should or ought to do in case of your absence until your return or in 
 all ?ases until our further pleasure be known therein And We do hereby declare ordain 
 and appoint that you the said Edward Cornwallis shall and may hold execute and en- 
 
 34* 
 
134 
 
 appendix, joy the Office and place of Our Captain General and Governor in Chief in and over our 
 No 15. sa -j Province of Nova Scotia with all its rights members and appurtenances whatsoever 
 ,..,„«„« of together with all and singular the powers and authorities hereby granted unto you for 
 &S2E" Vt and during Our Will and pleasure 
 
 In witness &c Witness &c the sixth day of May in the twenty second year of our 
 
 Re ' gU By Writ of Privy Seal 
 
 This is a true Copy from the Original Record remaining in the Chapel of the Rolls, 
 
 having been examined. 
 
 K JOHN KIPLING 
 
 COIWUVnSSIOM TO HENRY ELLIS. ESQUIRE. 
 
 AS CAPTAIN GENERAL AND GOVERNORJN-CH1EF OF NOVA SCOTIA, 24TH SEPTEM- 
 BER, 1 GEO: HI. 1761. 
 
 Twelfth part of Patents in the first year of King George the Third. 
 
 Henry Ellis Esq 
 
 Governor of Nova Scotia 
 
 Heray Ellis, G4tb George the Third by the grace of God of Great Britain France and Ireland King 
 Defender of the Faith &c. To our trusty and welbeloved Henry Ellis Esquire 
 Greeting Whereas our late Royal Grandfather of blessed memory did by his 
 Letters Patent under his Great Seal of Great Britain bearing date at (Vest min- 
 ster the seventh day of January in the twenty ninth year of His Reign constitute 
 and appoint Charles Lawrence Esquire Captain General and Governor in Chief 
 in and over his province or Nova Scotia or Accadia in America with all the rights 
 members and appurts whatsoever thereunto belonging for and during his late ma- 
 jesty's will and pleasure as by the said recited Letters Patent relation being thereunto 
 had may more fully and at large appear Now know you that wee have revoked 
 and determined And by these presents do revoke and determine the said recited 
 Letters Patent and every clause article and thing therein contained And further 
 know you that ivee reposing especial trust and confidence in the prudence courage 
 and loyalty of you the said Ellis of our especial grace certain knowledge and meer 
 motion have thought fit to constitute and appoint And by these presents do consti- 
 tute and appoint you the said Henry Ellis to be our Captain General and Gover- 
 nor in Chief in and over our Province of Nova Scotia or Accadia in America with 
 all the rights members and appurts whatsoever thereunto belonging And we do 
 hereby require and command you to do and execute all things in due manner that shall 
 belong unto your command and the trust wee have reposed in you according to the 
 several powers and authorities granted or appointed you by this present commission 
 and the Instructions herewith given you by such further powers Instructions and 
 authorities as shall at any time hereafter be granted or appointed you under our signet 
 and sign manual or by our order in our Privy Council and according to such reason- 
 able Laws and Statutes as hereafter shall be made or agreed upon by you with the ad- 
 vice and consent of our Council and the Assembly of our said Province under your 
 Government hereafter to be appointed in such manner and form as is herein after ex- 
 pressed And our will and pleasure is that you the said Henry Ellis after the publi- 
 cation of these our Letters Patent do take the oaths appointed to be taken by an act 
 passed in the first year of the reign of King George the First of blessed memory en- 
 tituled [An Act for the further security of His Majesty's Person and Government and 
 
135 
 
 the succession of the Crown in the heirs of (he late Princess Sophia being Protestants appendix. 
 and for extinguishing the hopes of the pretended Prince of Wales and Ids open and No ' 15 - 
 secret abettors] as also that you make and subscribe the Declaration mentioned in an Commissiona of 
 act of Parliament made in the fifth year of the Reign of King Charles the Second eii- '''i.!'^ ,',',""' 
 tituled [An Act for preventing dangers which may happen from Popish recusants] iienry"Ëlîis, 24th 
 and likewise that you take the usual oath for the due execution of the office and trust"' 
 of our Captain General and Governor in Chief of our said Province for the due and 
 impartial administration of Justice And further that you take the oath required to be 
 taken by Governors of Plantations to do their utmost that the several laws relating to 
 Trade and the Plantations be observed All which said oaths and declaration our 
 Council in our said Province or any five of the members thereof have hereby full 
 power and authority and are required to tender and administer unto you and in your 
 absence to our Lieutenant Governor if there be any upon the place All which beino- 
 duly performed you shall administer unto each of the members of our said Council as 
 also to our Lieutenant Governor if there be any upon the place the said oaths men- 
 tioned in the said act cntituled [An Act for the further security of His Majesty's per- 
 son and Government and the Crown in the heirs of the late Princess Sophia being 
 Protestants and for extinguishing the hopes of the pretended Prince of Wales and his 
 open and secret abettorsj as also to cause them to make and subscribe the afore men- 
 tioned declaration and to administer to them the oath for the due execution of their 
 places and trusts And wee do hereby give and grant unto you full power and autho- 
 rity to suspend any of the members of our said Council from sitting voting acting and 
 assisting therein if you shall find just cause for so doing And if it shall at any time 
 happen that by the death departure out of our said Province suspension of any of our 
 said Councillors or otherwise there shall be a vacancy in our said Council (any five 
 whereof wee do hereby appoint to be a quorum) our will and pleasure is that you. 
 signify the same unto us by the first opportunity that wee may under our signet and 
 sign manual constitute and appoint others in their stead But that our affairs at that 
 distance ma)- not suffer for want of a due number of Councillors if ever it shall happen 
 that there shall be less than nine of them residing in our said Province wee do hereby 
 give and grant unto you the said Henry Ellis full power and authority to chuse as 
 many persons out of the principal Freeholders Inhabitants thereof as will make up 
 the full number of our said Council to be nine and no more which persons so chosen 
 and appointed by you shall be to all intents and purposes Councillors in our said Pro- 
 vince until either they shall be confirmed by us or that by the nomination of others 
 by us under our sign manual and signet our said Council shall have nine or more per- 
 sons And wee do hereby give and grant unto you full power and authority with the 
 advice and consent of our said Council from time to time as need shall require to sum- 
 mon and call General Assemblies of the said Freeholders and Planters within your 
 Government in such manner and form as you in your discretion shall judge most 
 proper according to such further powers instructions and authorities as shall at any 
 time hereafter be granted or appointed you under our signet and sign manual or by 
 our order in our Privy Council And our will and pleasure is that the persons there- 
 upon duly elected by the major part of the Freeholders of the respective counties and 
 places and so returned shall before their sitting take the oaths mentioned in the said 
 Act entituled [An Act for the further security of His Majesty's person and Govern- 
 ment and the succession of the Crown in the heirs of the late Princess Sophia being 
 Protestants and for extinguishing the hopes of the pretended Prince of Wales and his 
 open and secret abettors] and also make and subscribe the afore mentioned declaration 
 (which oaths and declaration you shall commissionate fit persons under our seal of 
 Nova Scotia to tender and administer unto them and until the same shall be so taken 
 and subscribed no person shall be capable of sitting though elected) And wee do 
 hereby declare that the persons so elected shall be called and deemed the General 
 
136 
 
 îppendix. Assembly of that our Province of Nova Scotia and that you the said Henry Ellis with 
 No- 15 - t h c advice and consent of our said Council and Assembly or the major part of them 
 , ,„:„~o„ 3 ., respectively shall have full power and authority to make constitute and ordain Laws 
 &JSSE7 ° f Statutes and Ordinances for the publick peace welfare and good government of our 
 Hao^iiïi-.MU. sa id Province and of the people and inhabitants thereof and such others as shall resort 
 September, mi. ^^ ^ for the benefit of (]S our hcirs and SUCC essors which said Laws Statutes and 
 Ordinances are not to be repugnant but as near as may be agreeable to the Laws and 
 Statutes of this our Kingdom ot Great Britain provided that all such Laws Statutes 
 and Ordinances of what nature or duration soever be within three months or sooner 
 after the making thereof transmitted to us under our seal of Nova Scotia for our ap- 
 probation or disallowance of the same as also duplicates thereof by the next convey- 
 ance And in case any or all of the said Laws Statutes and Ordinances not before 
 confirmed by us shall at any time be disallowed and not approved and so signified by 
 us our heirs or successors under our or their sign manual and signet or by order of 
 our or their Privy Council unto you the said Henry Ellis or to the Commander in 
 Chief of our said Province for the time being then such and so many of the said Laws 
 and Ordinances as shall be so disallowed and not approved shall from thenceforth 
 cease determine and become utterly void and of none effect any thing to the contrary 
 thereof notwithstanding And to the end that nothing may be passed or done by our 
 said Council or Assembly to the prejudice of us our heirs and successors wee will and 
 ordain that you the said Henry Ellis shall have and enjoy a negative voice in the 
 making and passing of all Laws Statutes and Ordinances as aforesaid And you shall 
 and may likewise from time to time as you shall judge necessary adjourn prorogue 
 and dissolve all General Assemblies as aforesaid And our further will and pleasure 
 is that you shall and may keep and use the Publick Seal of our Province of Nova 
 Scotia for sealing all things whatsoever that pass the Great Seal of our said Province 
 under your Government And wee do further give and grant unto you the said 
 Henry Ellis full power and authority from time to time and at any time hereafter by 
 yourself or by any other to be authorised by you in that behalf to administer and give 
 the oath mentioned in the aforesaid Act to all and every such person or persons as 
 you shall think fit who shall at any time or times pass into our said Province shall be 
 resident or abiding there And we do by these presents give and grant unto you the 
 said Henry Ellis full power and authority with the advice and consent of our said 
 Council to erect constitute and establish such and so many courts of judicature and 
 publick justice within our said Province and Dominion as you and they shall think fit 
 and necessary for the hearing and determining of all causes as well criminal as civil 
 according to law and equity and for awarding execution thereupon with all reasonable 
 and necessary powers authorities fees and privileges belonging thereunto And also 
 to appoint and commissionate fit persons in the several parts of your government to 
 administer the oaths mentioned in the aforesaid Act entituled [An Act for the further 
 security of His Majesty's person and government and succession of the crown in the 
 heirs of the late Princess Sophia being Protestants and extinguishing the hopes of the 
 pretended Prince of Wales and his open and secret abettors] As also to tender and 
 administer the aforesaid declaration unto such persons belonging to the said Courts as 
 shall be obliged to take the same And wee do hereby authorize and empower you to 
 constitute and appoint Judges and in cases requisite Commissioners of Oyer and Ter- 
 miner Justices of the Peace and other necessary officers and ministers in our said 
 Province for the better administration of justice and putting the laws in execution 
 and to administer or cause to be administered unto them sucli oath or oaths as arc 
 usually given for the due execution and performance of offices and places and for the 
 clearing of truth in judicial causes And wee do hereby give and grant unto you full 
 power and authority where you shall see cause or shall judge any offender or offenders 
 in criminal matters or for any fines or forfeitures due unto us fit objects of our mercy 
 
nil 
 1 
 
 137 
 
 to pardon all such offenders and to remit al! such offences tines and forfeitures treason tffpptndix. 
 and wilful muider only excepted In which cases you shall likewise have power upon 
 extraordinary occasions to grant reprieves to the offenders until and to the intent our Commission» of 
 
 , the Governors "i 
 
 Royal pleasure may be known therein Wee do by these presents authorize and em- Nova semi», 
 nmver vou to collate any person or persons to any person or persons to any church- "<""■>• r.m ■ -' 
 
 r J J * J * September, liO 
 
 es chapels or other ecclesiastical bénéficies within our said Province as often as 
 any of them shall happen to be void And wee do hereby give and grant unto you 
 the said Henry Ellis by yourself or by your Captains and Commanders by you to be 
 authorized full power and authority to levy arm muster command and employ all per- 
 sons residing within our said Province and as occasion shall serve to march from one 
 place to another or to embark them for the resisting and withstanding of all enemies 
 pirates and rebels both at land and sea and transport such forces to any of our planta- 
 tions in America if necessity shall require for defence of the same against the invasion 
 or attempts of any of our enemies and such enemies pirates and rebels (if there shall 
 be occasion) to pursue and prosecute in or out of the limits of our said Province and 
 Plantations or any of them and (if it shall so please God) to vanquish apprehend and 
 take them and being taken according to law to put to death or to keep and preserve 
 them alive at your discretion and to execute martial law in time of invasion or other 
 times when by law it may be executed and to do and execute all and every other thing 
 or things which to our Captain General and Governor in Chief doth or ought of right 
 to belong And wee do hereby give and grant unto you full power and authority by 
 and with the advice and consent of our said Council of Nova Scotia to erect raise and 
 build in our said Province such and so many Forts and Platforms Castles Cities 
 Boroughs Towns and Fortifications as you by the advice aforesaid shall judge necessary 
 and the same or any of them to fortify and furnish with ordnance ammunition and ail 
 sorts of arms fit and necessary for the security and defence of our said Province And 
 by the advice aforesaid the same again orany of them to demolish or dismantle as may 
 be most convenient And for as much as divers mutinies may happen by persons 
 shipped and emploi ed at sea during the time of war And to the end that such as 
 shall be shipped and employed at sea during the lime of war may be better governed 
 and ordered wee do hereby give and grant unto you the said Henry Ellis full power 
 and authority to constitute and appoint Captains Lieutenants Masters of ships and 
 other commanders and officers and to grant tosuch Captains Lieutenants Mastersof Ships 
 and other Commanders and Officers commissions to execute the law martial during the 
 time of waraccording to the directions of an Act passed in the twenty second year of the 
 reign of our late royal Grandfather entitled [An Act for amending explaining and 
 reducing into one Act of Parliament the Laws relating to the Government of His 
 Majesty's Ships Vessels and Forces by Sea] and to use such proceedings authori- 
 ties punishments and executions upon any offender or offenders who shall be mutinous 
 seditious disorderly or any way unruly either at sea or during the time of their 
 abode or resilience in any of the ports harbours or bays of our said Province as the 
 case shall be found to require according to martial law and the said Directions during 
 the time of war as aforesaid Provided that nothing herein contained shall be con- 
 strued to the enabling you or any by jour authority to hold plea or have any juris- 
 diction of any offence cause matter or thing committed or done upon the high sea or 
 within any of the havens rivers or creeks of our said Province under your government 
 by any Captain Commander Lieutenant Master Officer Seaman Soldier or person 
 whatsoever who shall be in our actual service and pay and in or on board any of our 
 ships ot war or other vessels acting by immediate commission or warrant fiom our 
 Commissioners for executing the office of our High Admiral or from our High 
 Admiral of Great Britain for the time being under the seal of our Admiralty but that 
 such Captain Commander Lieutenant Master Officer Seaman Soldier or other person 
 so offending sha 1 be left to be proceeded against and tried as their offences shall 
 require by commission under our Great Sial of Great Britain as the statu'e o£ tha 
 
 35* 
 
Commissions 
 
 the Govern' 
 Nova Scolia 
 
 138 
 
 tppendlx. twenty eighth of Henry the Eighth directs or by commission from our said commis- 
 sioners for executing the office of our High Admiral or from our High Admiral of 
 of Great Britain for the time being according <o the afore mentioned Act for amending 
 ° f explaining and reducing into one Act of Parliament the Laws relating to the Govern- 
 ed, ment of His Majestys Ships Vessels and Forces by sea and not otherwise Provided 
 nevertheless that all disorders and misdemeanors committed on shore by any Captain 
 Commander Lieutenant Master Officer Seaman Soldier or other person whatsoever 
 belonging to any of ships of war or other vessels acting by immediate commission or 
 warrant from our said commissioners for executing the office of High Admiral or from 
 our High Admiral of Great Britain for the time being under the seal of our Admiralty 
 may be tried and punished according to the Laws of the place where any such dis- 
 orders offences and misdemeanors shall be committed on shore notwithstanding such 
 offender be in our actual service and borne in our pay on board any such our ships of 
 war or other vessels acting by immediate commission or warrant from our said Com- 
 missioners for executing the office of High Admiral or our High Admiral of Great 
 Britam for the time being as aforesaid 30 as he shall not receive any protection for 
 avoiding of Justice for such offences committed on shore from any pretence of his be- 
 ing employed in our service at sea And our further will and pleasure is that all pub- 
 lick money raised or which shall be raised by any Act hereafter to be made within 
 our said Province be issued out by warrant from you by and with the advice and 
 consent of the Council and disposed of by you for the support of the Government and 
 not otherwise And wee do likewise give and grant unto you full power and authority 
 by and with the advice and consent of our said Council to settle and agree with the 
 Inhabitants of our Province for such Lands Tenements and Hereditaments as now are 
 or hereafter shall be in our power to dispose of and them to grant to any person or 
 persons upon such terms and under such moderate quit rents services and acknow- 
 ledgements to be thereupon reserved unto us You by and with the advice aforesaid 
 shall think fit which said grants are to pass and he sealed by our Seal of Nova Scotia 
 and being entered upon record by such officer or officers as shall be appointed thereunto 
 shall be good and effectual in Law against us our heirs and successors And wee do here- 
 by give you the said Henry Ellis full power to order and appoint Fairs Marts and 
 Markets as also such and so many Ports Harbours Bays Havens a <d other places for 
 convenience and security of shipping and for the better loading and unloading of 
 goods and merchandizes as by you with the advice and consent of the said Council 
 shall be thought fit and necessary And wee do hereby require and command all 
 officers and ministers civil and military and all other inhabitants of our said Province 
 to be obedient aiding and assisting unto you the said Henry Ellis in the execution of 
 this our commission and of the powers and authorities herein contained and in case of 
 your death or absence out of our said Province to be obedient aiding and assisting- 
 unto such person as shall he appointed by us to he our Lieutenant Governor or Com- 
 mander in Chief of our said Province To whom wee do therefore by these presents 
 give and grant all and singular the powers and authorities herein granted to be by him 
 executed and enjoyed during our pleasure or until your arrival within our said Pro- 
 vince And if upon your death or absence out of our said Province there be no per- 
 son upon the place coinmissionated or appointed by us to be our Lieutenant Governor 
 or Commander in Chief of the said Province our will and pleasure is that the Eldest 
 Councillor who shall be at the time of your death or absence residing within our said 
 Province shall take upon him the Administration of the Government and execute our 
 said commissson and instructions and the several powers and authorities therein con- 
 tained in the same manner and to all intents and purposes as other our Governor or 
 Commander in Chief should or ought to do in case of your absence until your return 
 or in all cases until our further pleasure be known therein And wee do hereby de- 
 clare ordain and appoint that you the said. Henry Ellis shall and may hold execute. 
 
139 
 
 and enjoy the office and place of our Captain General and Governor in Chief in and « Ippendi.c. 
 over our said Province of Nova Scotia with all its rights members and appurtenances _ 
 whatsoever together with all and singular the powers and authorities hereby granted commissions of 
 
 the Governors, ni 
 
 unto you for and during our will and pleasure NovaScoiia, 
 
 In Witness &c Witness ourself at Westminster the twenty-fourth day of Sep- 
 tember 
 
 By Writ of Privy Seul. 
 
 This is a true copy from the original Record remaining in the Chapel of the Rolls, 
 
 JOHN KIPLING, 
 
 having been examined. 
 
 COTtT-MCISSIOIT TO MONTAGUE WII.1YIOT, ESQUIHE, 
 
 A3 CAPTAIN GENERAL AND GOVEKNOIMN-CtllKF OF NOVA SCOTIA, 21ST NOVEMBER, 
 
 4 GEO: III. 1763. 
 
 First part of Patents in the fourth year of the reign of King George the Third 
 
 Montagu Wilmot Esq 
 
 Governor of Nova Scotia 
 
 George the Third by the Grace of God of Great Britain France and Ireland King Montague w 
 
 O J ° nuit. 21st .Novell! 
 
 Defender of the Faith &c To our Trusty and welbeloved Montagu Wilmot Esquire ber > l763 
 Greeting Whereas wee did by our letters patent under the Great Seal of Great Bri- 
 tain dated at Westminster the third day of November in the first year of our reign 
 constitute and appoint Henry Ellis Esquire Captain General and Governor in 
 Chief in and over our province of Nova Scotia or Acadia in America with all the 
 rights members and appurtenances whatsoever thereunto belonging for and during 
 our will and pleasure as by the said recited Letters patent relation being thereunto had 
 may more fully and at large appear Now know you that we have revoked and deter- 
 mined And by these present do revoke and determine the said recited Letters patent 
 and every clause Article and thing therein contained And further know you that We 
 reposing especial Trust and confidence in the prudence courage and Loyalty of you the 
 said Montagu Wilmot of our especial grace certain knowledge and meer motion have 
 thought fit to constitute and appoint Anil by these presents Do constitute and appoint 
 you the said Montagu Wilmot to be our Captain General and Governor in Chief 
 in and over our Province of Nova Scotia and which we have thought proper la re- 
 strain and comprise within the following limits vizt To the Northward our said 
 province shall be bounded by the Southern Boundary of our Province of Quebec as 
 fur as the western Extremity of the Buy des Chaleurs To the Eastward by the said 
 Buy ana the Gulf of St Lawrence to the cape or pro mont ar y called Cape Breton 
 in the Island of that name including that Island the Island of St Johns and all 
 other Islands within six leagues of the coast to the Southward by the Atlantick Ocean 
 from the said Cape to Cape Sable including the Island of that name and all other Islands 
 within Forty leagues of the coast with all the rights members and appurtenances 
 whatsoever thereunto belonging and to the Westward although our said province 
 haih anciently extended and doth of right extend as far as the River Pentagonet or Pe- 
 nobscot // shall be bounded by a Line drawn from Cape Sable across the entrance 
 of the Bay of Fundy to the mouth of the River SI Croix by the said river to ils 
 
140 
 
 Apptndix. sour ce and by a Line drawn due North from thence to the Southern Boundary 
 
 N ' 15 - of our Colony of Quebec And we do hereby require and command you to do and 
 
 <;„ZZZ^ of execute all things in due manner that shall belong unto your said command and the 
 
 v'a ' ; <\' iT* '"trust we have reposed in you according to the several powers and authorities granted 
 M ,m ;.7i7.. Wii- or appointed you by the present Commission and the Instructions herewith given you or 
 " by such further powers Instruction and authoritiesasshall atany time hereafter be granted 
 or appointed you under our signet and sign Manual or by our order in our privy council 
 and according to such reasonable Laws and Statutes as are now in force or shall here- 
 after be made and agreed upon by you with the advice and consent of our Council and 
 the Assembly of our said province under your government in such manner and form 
 as is hereafter expressed And our will and pleasure is that you the said Montagu Wil- 
 mot after the publication of these our Letters patent do take the oaths appointed to be 
 taken by an Act passed in the first year of the Reign of King George the First (enti- 
 tuled An act for the further security of His Majesty's person and government and the 
 succession of the crown in the heirs of the late Princess Sophia being protestants and 
 for extinguishing the hopes of the pretended prince of Wales and his open and secret 
 Abettors) as also that you make and subscribe the Declaration mentioned in an act of 
 Parliament made in the Twenty-fifth year of the Reign of King Charles the second In- 
 tituled (An act for preventing dangers which may happen from popish Recusants) And 
 likewise that you take the usual Oath for the due execution of the office and Trust of 
 our Captain General and Governor in Chief of our said province for the due and im- 
 partial administration of Justice And further that you take the oath required to be ta- 
 ken by Governors of Plantations to do their utmost that the several Laws relatingto 
 Trade and the plantations be observed all which said Oaths and Declaration our council 
 in our said province or any five of the Members thereof have hereby full powerand 
 Authority and are required to tender and administer unto you and in your absence to 
 our Lieutenant Governor if there beany upon the place All which being duly per- 
 formed vou shall administer unto each ot the Members of our said Council as also to 
 our Lieutenant Governor if there be any upon the place the said Oath mentioned in the 
 said Act Intituled (An Act for the further security of his Majesty's person and govern- 
 ment and the succession of the crown in the heirs of the late Princess Sophia being 
 protestants and for extinguishing the hopes of the pretended prince of Wales and his 
 open and secret abettors) as also to cause them to make and subscribe the aforemen- 
 tioned Declaration and to administer to them the Oath for the due execution of their 
 places and Trusts And we do hereby give and grant unto vou full power and authority 
 to suspend any of the Members of our said council from sitting voting and assisting 
 therein if you shall find just cause for so doing And if it shall at any time happen 
 that by the death departure out of our said province suspension of any of our said 
 Councillors or otherwise there shall be a vacancy in our said Council (any five where- 
 of Wee do hereby appoint to be a Quorum) Our Will and Pleasure is that you signify 
 the same unto us by the first opportunity that Wee may under our Signet and Sign 
 Manual constitute and appoint others in their stead but that our affairs at that distance 
 may not suffer for want of .a due number of Councillors if ever it shall happen that 
 there be less than three of them residing in our said Province Wee do hereby give and 
 grant unto you the said Montagu Wilmot full power and authority to choose as many 
 persons out of the principal Freeholders Inhabitants thereof as will make up the num- 
 ber of our said Council to be nine and no more which persons so chosen and appoint- 
 ed by you shall be to all intents and purposes Councillors in our said Province until 
 either they shall be confirmed by us or by the nomination of others by us under our 
 Sign Manual and Signet our said Couicil shall have nine or more persons in it And 
 wee do hereby give and grant unto you full power and authority with the advice and 
 
141 
 
 consent of our said Council from time to time as need shall require to summon and call Jippendir, 
 
 general Assemblies of the said Freeholders and Planters within your government in * °' 
 
 such manner and form as has been already appointed and used or according to such Commiseiens >i 
 
 ° the Governen ol 
 
 further Powers Instructions and authorities as shall at any time hereatter he granted Nova Stwia. 
 or appointed you under our Signet and Sign Manual or by our Order in our Privy a^^jSg^OTA^ *' 
 Council And our will and pleasure is that the persons thereupon duly elected by the 17(i3 - 
 major part af the Freeholders of the respective Counties and places and so returned 
 shall before their sitting take the oath mentioned in the said Act Intituled (An act for 
 the further security of his Majesty's person and government and the succession of the 
 Crown in the heirs of the late Princess Sophia being Protestants and for extinguishing 
 the hopes of the pretended Prince of Wales and his open and secret abettors) as also 
 make and subscribe the aforementioned declaration which Oaths and Declaration you 
 shall commissionate fit persons under our Seal of Nova Scotia to tender and administer 
 unto them and until the same shall be so taken and subscribed no person shall be ca- 
 pable of sitting though elected And wee do hereby declare that the persons so elected 
 and qualified shall be called and deemed the General Assembly of that our Province 
 of Nova Scotia And that you the said Montagu Wilmot with the advice and consent 
 of our said Council and Assembly or the major part of them respectively shall have 
 full power and authority to make constitute and ordain Laws Statutes and Ordinances 
 for the publick peace welfare and good government of our said Province and of the peo- 
 ple and inhabitants thereof and such others as shall resort thereto and for the benefit 
 of us our heirs and successors which said Laws Statutes and Ordinances are not to be 
 repugnant but as near as may be agreeable to the Laws and Statutes of this our King- 
 dom ol Great Britain Provided that all such Laws Statutes and Ordinances or what 
 nature or duration soever be within three months or sooner after the making thereof 
 transmitted to us under our Seal of Nova Scotia for our approbation or disallowance of 
 the same as also Duplicates thereof by the next conveyance and in case any or all of 
 the said Laws Statutes and Ordinances not before confirmed by us shall at any time be 
 disallowed and not approved and so signified by us our heirs or successors under our 
 or th^ir Sign Manual and Signet or by order of our or their Privy Council unto you 
 the said Montagu Wilmot or to the Commander in Chief of our said Province for the 
 time being Then such and so many of the said Laws Statutes and Ordinances as shall 
 be so disallowed and not approved shall from thenceforth cease determine and become 
 utterly void and of none effect any thing to the contrary thereof notwithstanding And 
 to the end that nothing may be passed or done by our said Council or Assembly to the 
 prejudice of us our heirs and successors We will and ordain that you the said Monta- 
 gu Wilmot shall have and enjoy a negative voice in the making and passing of all Laws 
 Statutes and Ordinances as aforesaid And you shall and may from time to time as you 
 shall judge it necessary adjourn prorogue and dissolve all General Assemblies as afore- 
 said And our will and pleasure is that you shall and may keep and use the public Seal 
 of our Province of Nova Scotia for sealing all things whatsoever that pass the 
 great seal of our said Province under your government And we do further give and 
 grant unto you the said Montagu Wilmot full power and authority from time to time 
 and at any time hereafter by yourself or by any other to be authorized by you in that 
 behalf to administer and give the oaths mentioned in the aforesaid Act to all and every 
 such person or persons as you shall think fit who shall at any time or times pass into 
 our said Province or shall be resident or abiding there And we do by these presents 
 give and grant unto you the said Montagu Wilmot full power and authority with the 
 advice and consent of our said Council to erect constitute and establish such and so 
 many Courts of Judicature and Publick Justice within our said Province and dominion 
 as you and they shall think fit and necessary for the hearing and determining of all 
 causes as well criminal as civil according to Law and Equity and for awarding execu- 
 tion thereupon with all reasonable and necessary powers authorities fees and privile- 
 
 36* 
 
142 
 
 appendix, ges belong thereunto as also to appoint and Commissionate fit persons in the several 
 No< 15 parts of your government to administer the oaths mentioned in the aforesaid Act In- 
 con^I,» oftituled (An Act for the further security of His Majesty's person and government and 
 .".a"* "'the succession of the Drawn in the Heirs of the late Princess Sophia being Protestants 
 •u^vi.mot, and for extinguishing the hopes of the pretended Prince of Wales and his open and 
 nuNovemixK, gecret a (j eU ors) as also to tender and administer the aforesaid Declaration unto such 
 persons belonging to the said Courts as shall be obliged to take the same And we do 
 hereby authorize and Impower you to constitute and appoint Judges and in cases re- 
 quisite Commissioners of Oyer and Terminer Justices of the Peace and other necessa- 
 ry officers and Ministers in our said Province for the better administration of justice 
 and putting the Laws in execution and to administer or cause to be administered unto 
 them such oath or oaths as are usually given lor the due execution and performance of 
 offices and places and for the clearing of truth in judicial causes And we do hereby 
 give and «rant unto you full power and authority where you shall see cause or shall 
 judge any offender or offenders in criminal matters or for any fines or forfeitures due 
 unto us fit objects of our mercy to pardon all such offenders and to remit all such of- 
 fences and Forfeitures Treason and wilful murder only excepted In which cases you 
 shall likewise have power upon extraordinary occasions to grant Reprieves to tbe of- 
 fenders until and to the intent our Royal Pleasure may be known therein We do by 
 these presents authorize and impower you to collate any person or persons to any 
 Churches Chapels or other ecclesiastical benefices within our said Province as often 
 as any of them shall happen to be void A.nd we do hereby give and grant unto you 
 the said Montagu Wilmot by yourself or by your Captains and Commanders by you 
 to be authorized full power and authority to Levy Arm Muster Command and Em- 
 ploy all persons whatsoever residing within our said Province and as occasion shall 
 serve to inarch from one place to another or to embark them for the resisting and with- 
 standing of all Enemies Pirates and Rebels both at Land and Sea and to Transport 
 such Forces to any of our plantations in America if necessity shall require for the de- 
 fence of the same against the Invasion or attempts of any of our Enemies and such 
 Enemies Pirates and Rebels if there shall be occasion to pursue and prosecute in or out 
 of the limits of our said Province and plantations or any of them and if it shall so 
 please God to vanquish apprehend and take them and being taken according to Law to 
 put to death or keep and preserve them alive at your discretion and to execute Martial 
 Law in time of Invasion or other times when by Law it may be executed And to do 
 and execute all and every other thing or things which to our Captain General and 
 Governor in Chief doth or ought of right to belong And we do hereby give and 
 grant you full power and authority by and with the advice and consent of our 
 said Council of Nova Scotia to erect raise and build in our said Province such 
 and so many Forts and Platforms Castles Cities Boroughs Towns and Fortifications 
 as you by the advice aforesaid shall judge necessary and the same or any of them to 
 Fortify and Furnish with Ordnance Ammunition and all sorts of Arms fit and necessary 
 for the security and defence of our said Province And by the advice aforesaid the 
 same again or any of them to demolish or dismantle as may be most convenient And 
 forasmuch as divers mutinies and disorders may happen by persons shipped and em- 
 ployed at Sea during the time of War and to the end that such as shall be shipped and 
 employed at Sea during the time of War may be better governed and ordered We do 
 hereby give and grant unto you the said Montagu Wilmot full power and authority to 
 constitute and appoint Captains Lieutenants Masters of Ships and other Commanders 
 ami Officers and to grant to such Captains Lieutenants Masters of Ships and other Com- 
 manders and Officers Commissions to execute the Law Martial during the time of War 
 according to the directions of an act passed in the Twenty second year of the Reign of. 
 our late Royal Grandfather Intituled (an Act for amending explaining and reducing into, 
 one Act of Parliament the Laws relating to the government of His Masjesty's Ships- 
 
143 
 
 Vessels and Forces by Sea and to use such proceedings authorities Punishments and Appendix: 
 Executions upon any offenueror offenders who shall be mutinous seditious disorderly N "' 15- 
 or any way unruly either at Sea or during the time of their abode or residence in any commissions of 
 of the Ports Harbours or Bays of our said Province as the case shall be found to require Nova Scotia, 
 according to martial Law and the said directions curing the time of war as aforesaid MontagueWHmot, 
 
 _ . . . . .... ■ i ] ii i -Nt November, 
 
 Provided that nothing herein contained shall be construed to the enabling you or any nc3. 
 by your authority to hold plea or have any Jurisdiction of any offence cause matter or 
 thing committed or done upon the High Sea or within any of the Havens Rivers or 
 Creeks of our said Province under your government by any Captain Commander Lieu- 
 tenant Master Officer Seaman Soldier or person whatsoever who shall be in our actual 
 service and pay in or on board any of our Ships of War or other Vessels acting by im- 
 mediate Commission or Warrant from our Commissioners for executing the office of 
 our High Admiral or from our High Admiral of Great Britain for the time being under 
 the Seal of our Admiralty but that such Captain Commander Lieutenant Master Officer 
 Seaman Soldier or olher Person so offending shall be left to be proceeded against and 
 tried as their offences shall require either by Commission under our great Seal of Great 
 Britain as the Statute of the Twenty Eighth of Henry the Eighth directs or by Com- 
 mission from our said Commissioners for executing the Office of our High Admiral or 
 from our High Admiral of Great Britain for the time being according to the aforemen- 
 tioned Act Entitled An Act for amending explaining and reducing into one act of Par- 
 liament the Laws relating to the government of His Majesty's Ships Vessels and Forces 
 by Sea anil not otherwise Provided nevertheless that all disorders and misdemeanors 
 committed on shore by any Captain Commander Lieutenant Master Officer Seamen Sol- 
 dier or other person whatsoever belonging to any of our Ships of War or other Vessels 
 acting by immediate Commission or Warrant from our said Commissioners for execu- 
 ting the office of our High Admiral or from our High Admiral of Great Britain for the 
 time being under the Seal of our Admiralty may be tried and punished according to 
 the Laws of the place where any such disorders offences and misdemeanors shall be 
 committed on shore notwithstanding such offender be in our actual Service and borne 
 in our pay on board any such our Ships of War or other Vessels acting by imme- 
 diate Commission or Warrant from our said Commissioners for executing the office of 
 High Admiral or our High Admiral of Great Britain for the time being as aforesaid so 
 as he shall not receive any protection for the avoiding of Justice for such offences com- 
 mitted on shore from any pretence of his being employed in our Service at Sea And 
 our further will and pleasure is that all public money raised or which shall be raised 
 by any Act hereafter to be made within our said Province be issued out by Warrant 
 from you by and with the advice and consent of the Council and disposed of by you 
 for the support of the government and not otherwise And we do likewise give and 
 grant unio you full power and authority by and with the advice and consent of our 
 said Council to settle and agree with the Inhabitants of our Province for such Lands 
 Tenements and Hereditaments as now are or hereafter shall be in our power to dis- 
 pose of and them to grant to any person or persons upon such terms and under such 
 moderate Quit Rent Servicesand acknowledgements to be thereupon reserved unto us 
 as you by and with the advice aforesaid shall think fit which said Grants are to pass 
 and be sealed with our Seal of Nova Scotia and being entered upon Record by such 
 Officer or Officers as shall be appointed thereunto shall be good and effectual in Law 
 against us our heirs and successors Provided the same be made conformable to the In- 
 structions herewith delivered to you or to such other Instructions as may hereafter be 
 sent to you under our Signet and sign Manual or by our Order in our Privy Council 
 which Instructions or any articles contained therein or any such order made in our 
 Privy Council so far as the same shall relate to the Granting of Lands as aforesaid shall 
 from time to time be published in the Province and entered of Record in like manner 
 as the said grants themselves are hereby directed to be entered And Wee do hereby 
 

 144 
 
 Appendix, give you the said Montagu Wilmot full power to order and appoint Fairs Marts and 
 No. 15. Markets as also such and so many Ports Harbours Bays Havens and oilier places for 
 : „f convenience and security of Shipping and for the better loading and unloading of Goods 
 
 Commi-MMi' i 
 
 'wl'™' ° f and merchandizes as by you with the advice and consent of the said- Council shall be 
 Momag^viimot, thought fit and necessary And Wee do hereby require and command all Officers and 
 siuNovober, M j nisters ç—j and jyiiii tary an d all other Inhabitants of our said Province to be obe- 
 dient aiding and assisting unto you the said Montagu Wilmot in the execution of this 
 our Commission and of the powers and authorities herein contained And in case of 
 your death or absence out of our said Province to be obedient aiding and assisting unto 
 such person as shall be appointed by us to be our Lieutenant Governor or Commander 
 in Chief of our said Province to whom wee do therefore by these Presents give and 
 grant all and singular the powers and authorities herein granted to be by him executed 
 and enjoyed during our Pleasure or until your arrival within our said Province and if 
 upon your death or absence out of our said Province there be no person upon the place 
 commissionated or appointed by us to be our Lieutenant Governor or Commander in 
 Chief of the said Province Our Will and Pleasure is that the Eldest Councellor who 
 shall be at the time of your death or absence residing within our said Province shall 
 take upon him the Administration of the Government and execute our said Commission 
 and Instructions and the several powers and authorities therein contained in the same 
 manner and to all intents and purposes as other our Governor or Commander in Chief 
 should or ought to do in case of your absence until your return or in all cases until our 
 further pleasure be known therein And we do hereby declare ordain and appoint that 
 you the said Montagu Wilmot shall and may hold execute and enjoy the Office and 
 place of our Captain General and Governor in Chief in and over our said Province of 
 Nova Scotia with all its Rights Members and Appurts whatsoever together with all 
 and singular the Powers and authorities hereby granted unto you for and during Our 
 Will and Pleasure In Witness &c Witness Ourself at Westminster the twenty-first 
 
 day of November 
 
 By Writ I of Privy Seal 
 
 This is a true Copy from the Original Record remaining in the Chapel of the Rolls, 
 
 having been examined. 
 
 JOHN KIPLING. 
 
 COlVnVEISSIOCT TO LORD WILLIAM CAMPBELL, 
 
 AS CAPTAIN GENERAL AND GOVERNOR-1N-CHIEF OF NOVA SCOTIA, 11TH AUGT. 
 
 6 GEO: III. 1765. 
 
 Fourth part of Patents in the sixth year of King George the Third 
 
 Ld. Campbell, Governor of Nova Scotia 
 
 Wiuiamcampbrii, George the Third by the grace of God of Great Britain France and Ireland King 
 Defender of the Faith &c To our Trusty and welbeloved William Campbell Lsquire 
 commonly called Lord William Campbell Greeting Wee reposing especial Trust and 
 confidence in the prudence courage and Loyalty of you the said Lord William Camp- 
 bell of our especial grace certain knowledge and meer motion have thought fit to con- 
 stitute and appoint And by these presents Do constitute and appoint you the said 
 Lord William Campbell to be our Captain General and Governor in Chief in and 
 over our province of Nova Scotia bounded on the westward by a line drawn from 
 
145 
 
 Cape Sable across the entrance of the Bay of Fundi/ to the mouth of the Hirer S'f. appendix. 
 Croix by the said. River to its source and by a Line drawn due north from 
 
 THENCE TO THE SOUTHERN BOUNDARY OF ntlli CoLUSÏ OF QUEBEC lo the NORTH- Commlsiiions of 
 
 ward by the said Boundary as far as the western extremity of the Bay des Cha- NovaScmia. 
 leurs to the Eastward by the said Bay and the Gulph of Saint Lawrence to the cape WiiliamCampbeii, 
 
 . 1 Itli August, 171». 
 
 or promontory called Cape Breton in the Island of that name including that Island the 
 Island of Saint Johns and all other Islands within six Leagues of the coast and to the 
 southward by the Atlantick Ocean from the said cape to Cape Sable aforesaid including 
 the Island of that name and all other Islands within Forty Leagues of the coast with 
 all the Rights members and appurtenances whatsoever thereunto belonging and wee 
 do hereby require and command you to do and execute all things in due manner that 
 shall belong unto your said command and the trust wee have reposed in you according 
 to the several powers or authorities granted or appointed you by the present commis- 
 sion and the Instructions herewith given you or by such powers instructions and auth o- 
 rities as shall at an} - time hereafter be granted or appointed you under our Signet and 
 sigh manual or by our or. 1er in our Privy Council and according to such reasonable 
 Laws and Statutes as are now in force or shall hereafter be made or agreed upon by 
 you with the advice and consent of our council and the assemblies of our said province 
 under your government in such manner and form as is hereafter expressed And our 
 will and pleasure is that you the said Lord William Campbell after the publication of 
 these our Letters Patent do take the oaths appointed to be taken by an act passed in the 
 first year of the Reign of King George ihe First Intitled an act for the further securi- 
 ty of His Majesty's person and government and the succession of the crown in the 
 heirs of the late Princess Sophia being protestants and for extinguishing the hopes of 
 the pretended Prince of Wales and his open and. secret abettors and by an act passed 
 in the sixth year of our Reign Intitled an act for altering the oath of abjuration and the 
 assurance and for the amending so much of an act of the seventh year of her late Ma- 
 jes'y Queen Anne Intituled an act for the improvement of the union of the two King- 
 doms as after the time therein limited requires the delivery of certain Lists and copies 
 therein mentioned to persons indicted of High Treason or misprision of Treason as al- 
 so that you make and subscribe the Declaration mentioned in an act of Parliament made 
 in the Twenty-fifth year of the Reign of King Charles the second intitled (An Act for 
 preventing dangers which may happen from Popish Recusants) and likewise that you 
 take the usual oath for the execution of the office and 1 rust of our Captain General and 
 Governor in Chief of our said Province for the due and impartial administration of 
 Justice and further that you take the oath required to he taken by Governors id* Plan- 
 talions to do their utmost that the several Laws relating to Trade and the Plantations 
 be observed Ail which said Oaths and Declaration our Council in our said Province or 
 any five of the members thereof have hereby full power and authority and are requi- 
 red to tende.- and administer unto you and in your absence to our Lieutenant Governor 
 if there be any upon the place All which being duly performed you shall administer 
 unto each of the members of our said Council as also to our Lieutenant General if there 
 be any upon the place the said oaths mentioned in the said Acts Intitled "An act for 
 the further security of his Majesty's person and government and the succession of the 
 Crown in the heirs of the late Princess Sophia being Protestants and for extinguishing 
 the hopes of the pretened Prince of Wales and his open anil secret abettors An Act for 
 altei ing the oath of abjuration and the assurance and for amending so much of an act ot 
 the seventh year of her late Majesty Queen Anne Intitled An Act for the improve- 
 ment of the Union of the two Kingdoms as after the time therein Limitted requires the 
 delivery of certain Lists and copies therein mentioned to Persons Indicted of High 
 Treason or Misprision of Treason as also cause them to make and subscribe the afore- 
 mentioned Declaration and administer to them the oath for the due execution ot their 
 places and Trusts And wee do hereby give and grant unto you full power and authority 
 
 37* 
 
146 
 
 Appendix, to suspend any of the members of our said Council from sitting voting and assisting 
 N " 15 therein if you shall find just cause for so doing And if it shall at any time happen that 
 commission, m by the death departure out of our said Province suspension of any of our said Councillors 
 Kov« G &ÔtTa° ra "'or otherwise there shall be a vacancy in the said Council any five whereof Wee do ap- 
 w 1 ii,.„,77,„|.iH ii, point to be a Quorum Our Will and Pleasure is that you signify the same unto us by 
 *" the first opportunity that wee may under Our Signet and Sign Manual constitute and 
 appoint others in their stead But that our affairs at that distance may not suffer for 
 want of a due number of Councillors if ever it shall happen that there be less than nine 
 of them residing in our said Province Wee do hereby give and grant unto you the said 
 Lord William Campbell full power and authority to choose as many persons out of the 
 Principal Freeholders Inhabitants thereof as shall make up the full number of our said 
 Council to be nine and no more which persons so chosen and appointed by you shall be 
 to all intents and purposes Councillors in our said Province until either they shall be 
 confirmed by us or by the nomination of others by us under our Sign Manual and Sig- 
 net Oursaid Council shall have nine or more persons in it And wee do hereby give and 
 "rant unto you full power and authority with the advice and consent of oursaid Coun- 
 cil from time to time as need shall require to summon and call general Assemblies of 
 the said Freeholders and Planters within your government in such manner and form 
 as has been already appointed and used or according to such further Powers Institu- 
 tions and authorities as shall at any time hereafter be granted you tinder our Signet 
 and Skn Manual or by our Order in Our Privy Council And our Will and Pleasure is 
 that the persons thereupon duly elected by the major part of the Freeholders of the 
 respective counties and places and so returned shall before their sitting take and sub- 
 scribe the oaths menconed in the said Acts Intitled An Act for the further security of 
 His Majesty's Person and Government and the succession of the Crown in the heirs of 
 the late Princess Sophia being Protestants and for extinguishing the hopes of the pre- 
 tended Prince of Wales and his open and secret abettors And an Act for altering the 
 oath of Abjuration and the Assurance and for amending so much of an act of the se- 
 venth year of her late Majesty Queen Anne Intitled (An Act for the improvement of 
 the union of the two Kingdoms as after the time therein limited required the delivery 
 of certain Lists and Copies therein mentioned to persons indicted of High Treason or 
 Misprision of Treason) as also make and subscribe the aforementioned declaration which 
 Oaths and Declaration you shall commissionate fit persons under our seal of Nova Sco- 
 tia to tender and administer unto them and until the same shall be so taken and sub- 
 scribed no person shall be capable of sitting though elected And Wee do hereby de- 
 clare that the persons so elected shall be called and deemed the General Assembly of 
 that our Province of Nova ScJtia And that you the said Lord William Campbell with 
 the advice and consent of our said Council and Assembly or the major part of them re- 
 spectively shall have full power and authority to make constitute and ordain Laws 
 Statutes and Ordinances for the Public Peace welfare and good government of our 
 said Province and of the people and Inhabitants thereof atid such others as shall resort 
 thereto and for the benefit of us our heirs and successors which said Laws Statutes and Or- 
 dinances are not to be repugnant but as near as may be agreeable to the Laws and Stat- 
 utes of this our Kingdom of Great Britain Provided that all such Laws Statutes and 
 Ordinances of what nature or duration soever be within three months or sooner after 
 the making thereof transmitted to us under our seal of Nova Scotia for our approbation 
 or disallowance of the same as also duplicates thereof by the next conveyance and in 
 case any or all of the said Laws Statutes and Ordinances not before confirmed by us 
 shall at any time be disallowed and not approved and so signified by us our heirs or 
 successors under our or their Sign Manual or Signet or by order of our or their Pri- 
 vy Council unto you the said Lord William Campbell or to the Commander in Chief 
 of oursaid Province for the time being then such and so many of the said Laws Stat- 
 utes and Ordinances as shall be so disallowed and not approved shall from henceforth. 
 
147 
 
 cease determine and become utterly void and of none effect any tiling to the contrary Jîppendix, 
 thereof notwithstanding and to the end that nothing may lie passed or done by our said 
 
 Council or Assembly to the prejudice of us our heirs and successors Wee will and or- c™ saions "t; 
 
 dain that you the said Lord William Campbell shall have and enjoy a Negative Voice NovaScoiia 
 in the making and passing of all Laws Statutes and Ordinances as aforesaid and you i) l ; l , l '""!,' y ^'' l 1 ,l -',' l 1 , 1 ' 
 shall and may likewise from time to time as you shall judge it necessary adjourn pro- 
 rogue and dissolve all General Assemblys as aforesaid Anil our further Will and Plea- 
 sure is that you shall and may keep and use the public seal of our Province of Nova 
 Scotia for sealing all things whatsoever that mav pass the Great Seal of our said Pro- 
 vince under vour government And we do further give and grant unto you the said 
 Lord William Campbell full power and authoritv from time to time and at anv time 
 hereafter by yourself or by anv other to be authorized by you in that behalf to admin- 
 ister and give the oaths mentioned in the aforesaid acts to all and every such person 
 or persons as you shall think fit who shall at any time or times pass into our said Pro- 
 vince or shall be resident or abiding there And Wee do by these Presents give and 
 grant unto you the said Lord \\ illiam Campbell full power and authority with the ad- 
 vice and consent of our said Council to erect constitute and establish such and so ma- 
 ny Courts of Judicature and Public Justice within our said Province as you and they 
 shall think fit and necessary for the hearing and determining of all causes as well 
 criminal and civil according to Lawand Equity and forawarding execution thereupon 
 with all reasonable and necessary powers authorities fees and priviledges belonging 
 thereunto as also to appoint and commissionate fit persons in the several parts of your 
 government to administer the oaths mentioned in the aforesaid Acts Intituled An Act 
 for the further security of His Majesty's person and government and the succession 
 of the Crown in the heirs of the late Princess Sophia being Protestants and for extin- 
 guishing the hopes of the pretended Prince of Wales and his open and secret abettors 
 and An Act for altering the oath of Abjuration and the Assurance and for amending 
 so much of an Act of the seventh year of her late Majesty Queen Anne Intitled 
 An Act for the improvement of the Union of the Two Kingdoms as after the time 
 limit ted requires the delivery of certain lists and copies therein mentioned to persons 
 indicted of High Treason or Misprision of Treason as also to tender and administer 
 the aforesaid declaration unto such persons belonging to the said Courts as shall be 
 obliged to take the same And Wee do hereby authorize and impower you to consti- 
 tute and appoint Judges and in cases requisite Commissioners of Oyer and Terminer 
 Justices of the Peace and other necessary Officers and Ministers in our said province 
 for the better administration of Justice and putting the Laws in Execution and to ad- 
 minister or cause to be administered unto them such oath or oaths as are usually given 
 for the due Execution and performance of offices and places and for the clearing of 
 truth in Judicial causes And wee do hereby give and grant unto you full power and 
 authority where you shall see cause or shall judge any offender or offenders in crimi- 
 nal matters or for any lines or Forfeitures due unto us fit objects of our mercy to par- 
 don all such offenders and to remit all such offences fines and forfeitures Treason and 
 Wilful Murder only excepted in which cases you shall likewise have power upon ex- 
 traordinary occasions to grant reprieves unto the offenders until our Royal Pleasure 
 may he known therein Wee do by these Presents authorize and impower you to col- 
 late any person or persons to any Churches Chapels or other Ecclesiastical Benefices 
 within our said Province as often as any of them shall happen to be void And wee do 
 hereby give and grant unto you the said Lord William Campbell by yourself or by your 
 Captains and Commanders by you to be authorized full power and authority to levy 
 arm muster command and employ all persons whatsoever residing within our said Pro- 
 vince and as occasion shall serve to march from one place to another or to embark them 
 for the resisting and withstanding of all Enemies Pirates and Rebels both at Land and 
 sea and to transport such forces to any of our plantations in America if necessity shall 
 
14S 
 
 Appendix, require for the defence of the same against the Invasion or attempts of any of our Ene- 
 N " u - mies and such Enemies Pirates and Rebels if there shall be occasion to pursue and pro- 
 
 , ., ":,, „, secute in or out of the limits of our said Province and Plantations or any of them and 
 ! - ÎT '" (if it shall so please God) to vanquish apprehend and take them and being taken accord- 
 mi, ing to Law to put to death or keep and preserve them alive at your discretion and to 
 ' execute Martial Law in time of invasion or other times when by law it may be execu- 
 ted and to do and execute all and every other thing or things which to our Captain 
 General or Governor in Chief doth or ought of right to belong And wee do hereby give 
 ami grant unto you full power and authority by and with the advice and consent 
 of our said Council of Nova Scotia to erect raise and build in our said Province such 
 and so many Forts and Platforms Castles Citys Boroughs Towns and Fortifications as 
 you by the advice aforesaid shall judge necessary and the same or any of them to 
 fortify and furnish with Ordnance Ammunition and all sorts of Arms fit and neces- 
 sary for the security and defence of our said Province and by the advice aforesaid the 
 same again or any of them to demolish or dismantle as may be most convenient And 
 as much as divers mutinies and disorders may happen by persons shipped and employ- 
 ed at sea during the time of War and to the end that such as shall be shipped and 
 employed at sea during the time of War may be better governed and ordered Wee do 
 hereby give and grant unto you the said Lord William Campbell full power and au- 
 thority to constitute and appoint Captains Lieutenants Masters of Ships and other Com- 
 manders and Officers and to grant to such Captains Lieutenants Masters of Ships and 
 other Commanders and Officers Commissions to execute the Law Martial during the 
 time of War according to the directions of an Act passed in the twenty-second year 
 of ihe reign of our late Royal Grandfather Infilled An Act for amending explaining 
 and reducing into one act of Parliament the Laws relating to the government of His 
 Majesty's Ships Vessels and Forces by sea and to use such powers proceedings authori- 
 ties punishments and executions upon any offender or offenders who shall be mutin- 
 ous seditious disorderly or any way unruly either at sea or duri. g the time of their 
 abode or residence in any of the Ports Harbours or Hays of our said Province as the 
 case shall be found to require according to Martial Law and the said directions during 
 the time of War as aforesaid Provided that nothing herein contained shall be constru- 
 ed to the enabling you or any by your authority to hold plea or have any Jurisdiction 
 of any offence cause matter or thing committed or done upon the High Sea or within 
 any of the Havens Rivers or Creeks of our said Province under your government by 
 any Captain Commander Lieutenant Master Officer Seaman Soldier or person whatso- 
 ever who shall be in our actual service and pay in or on board any of our Ships ot 
 War or other Vessels acting by immediate Commission or Warrant from Our Com- 
 missioners for executing the office of our High Admiral or from our High Admiral of 
 Great Britain for the time being under the Seal of our Admiralty but that such Cap- 
 tain Commander Lieutenant Master Officer Seaman Soldier or other person so offend- 
 ing shall be left to be proceeded against and tried as their offences shall require either 
 by Commission under our Great Seal of Great Britain as the Statute of the Twenty 
 Eighth of Henry the F.ighth directs or by comission from our said Comissioners 
 for executing the office of High Admiral or from our High Admiral of Great Britain 
 for the time being according to the aforementioned Act entitled An Act for amending 
 explaining and reducing into One Act of Parliament the Laws relating to the govern- 
 ment of his Majesty's Ships Vessels and forces by sea Provided nevertheless that all 
 disorders and misdemeanors committed on shore by any Captain Comander Lieuten- 
 ant Master Officer Seaman Soldier or other person whatsoever belonging to any of 
 our Ships of War or other Vessels acting by immediate Comission or Warrant from 
 our said Comissioners for executing the office of Our High Admiral or from our 
 High Admiral of Great Britain for the time being under the seal of Our Admiralty 
 may be tried and punished according to the Laws of the Place where any such disor- 
 
mii August, nu:. 
 
 149 
 
 tiers offences and misdemeanors shall be comitted on Shore notwithstanding such of- Appendix. 
 fender be in our' actual service and borne in our pay on board any such our Ships of N "' 15 ' 
 War or other vessels acting by imediate Comission or Warrant from our said Co- Commissions oi 
 missioners for executing the Office of High Admiral of Great Britain for the time bo- Nova ScS™ 
 ins as aforesaid so as he shall not receive any protection for the avoiding of Justice for Wi UamCuiipMi. 
 
 ~ •* l O jl,l, A Bi 17,;- 
 
 such offences committed on shore from any pretence of his bein^ employed in our ser- 
 vice at sea and Our further Will and Pleasure is that all Publick Money raised or which 
 shall be raised by any act hereafter to be made within our said Province be issued out 
 by Warrant from you by and with the advice and consent of the Council and disposed 
 of by you for the support of the government and not otherwise And Wee do likewise 
 give and grant unto you full power and authority by. and with the advice and consent 
 of our said Council to settle and agree with the Inhabitants of our Province for such 
 Lands Tenements and Heredts as now are or shall hereafter be in our power to dispose 
 of and them to grant to any peison or persons upon such terms and under such mode- 
 rate Quit Rents Services and acknowledgements to be thereupon reserved unto us as 
 you by and with the advice aforesaid shall think fit which said grants are to pass and 
 be sealed with Our Seal of Nova Scotia and being entered upon Record by such- Offi- 
 cer or Officers as shall be appointed thereunto shall he good and effectual in Law 
 against us our heirs and successors And wee do hereby give you the said Lord Wil- 
 liam Campbell full power to order and appoint Fairs Marts and Markets as also such 
 and so many Ports Harbours Hays Havens and other places for convenience and se- 
 curity of shipping and for the loading and unloading of goods and merchandizes as by 
 you with the advice and consent of the said Council shall be thought fit and necessary 
 And Wee do hereby require and command all Officers and Ministers Civil and Mili- 
 tary and all other Inhabitants of our said Province to be obedient aiding and assisting 
 unto you the said Lord William Campbell in the execution of this our Commission 
 and of the powers and authorities herein contained and in case of your death or ab- 
 sence out of our said Province to he obedient aiding and assisting unto such person as 
 shall be appointed by us to be our Lieutenant Governor or Commander in Chief of 
 our said Province To whom Wee do therefore by these Presents give and grant all 
 and singular the powers and authorises herein granted to be by him executed and du- 
 ring our pleasure or until your arrival within our said Province And if upon your 
 death or absence out of our said Province there be no peison upon the place Comis- 
 sionated or appointed by us to be our Lieutenant Governor or Comander in Chief of 
 our said Province Our will and pleasure is thai the Eldest Councillor who shall be at 
 the time of your death or absence residing within our said Province shall take upon 
 him the administration of the government and execute our said Commission and In- 
 structions and the several powers and authorities therein contained in the same man- 
 ner and to all intents aid purposes as other our Governor or Commander in Chief 
 should or ought to du in case of \ our absence until your return or in all cases until our 
 further pleasure be known therein And wee do hereby declare ordain and appoint 
 that you the said Lord William Campbell shall hold execute and enjoy the office or 
 place of our Captain General and Governor in Chief in and over our said Province of 
 Nova Scotia with all its rights members and appurts whatsoever together with all and 
 singular the powers ami authorities hereby granted unto you for and during our will 
 and pleasure In Witness &e Witness ourself at Westminster the Eleventh day of 
 August 
 
 By Writt of Privy Seal 
 
 This is a true copy from the original Record remaining in the Chapel of the Roll», 
 having been examined. 
 
 JOHN KIPLING, 
 38* 
 
150 
 cownvnssiow to trawcis legge esquire, 
 
 Jippen dix. 
 
 No- 15. AS CAPTAIN-GENERAL AND GOVERNORIN-CHIEF OF NOVA SCOTIA, 22D JULY. 
 
 „ , 13 GEO: III. 1773. 
 
 (" missions or 
 
 ill. Governors of 
 
 Nova & ia ^ 
 
 Bdjlu ' s m§T' Fifth part of Patents in the thirteenth year of King George the Third 
 
 Francis, Legge Esqr. Governor of Nova Scotia 
 
 George the Third by the Grace of God of Great Britain France and Ireland King 
 Defender of the Faith &c To our Trusty and welbeloved Francis Legge Esquire 
 Greeting Whereas wee did by our Letters Patent under our Great Seal of Great Bri- 
 tain hearing date at Westminster the eleventh day of August in the sixth year of 
 our Reign constitute and appoint William Campbell Esquire commonly called 
 Lord William Campbell Captain General and Governor in Chief in and over our 
 Province of Nova Scotia in America bounded on the Westward by a Line drawn 
 from Cape Sable across (he entrance of the Pay of Fundy to the mouth of the 
 River Saint Croix by the said River to its source and by a Line drawn due North 
 from the/ice to the Southern Boundary of our Colony of Quebec to the Northward 
 by the said Boundary as far as the Western extremity of the Bay des Chaleurs to 
 the Eastward by the said Bay and the Gulph of Saint Lawrence to the Cape or Pro- 
 montory called Cape Breton in the Island of that name including that Island the 
 Island of Saint John and all other Islands within Six Leagues of the Coast and to the 
 Southward by the Atlantick Ocean from the said Cape to Cape Sable aforesaid including 
 the Island of that name and all other Islands within Forty Leagues of the Coast with 
 all the Rights members and appurtenances whatsoever thereunto belonging for and 
 during our Will and Pleasure as by the said recited Letters Patent relation being 
 thereunto had may more fully and at large appear Now know you that we have re- 
 voked and determined and by these Presents do revoke and determine the said recited 
 Letters Patent and every clause article and thing therein contained. And further 
 know you that we reposing especial trust and confidence in the Prudence Courage and 
 Loyally of you the said Francis Legge of our especial grace certain knowledge 
 and meer motion have thought Jit to constitute and appoint you the said Francis 
 Legge to be our Captain General and Governor in Chief of our said Province of 
 Nova Scotia bounded on the westward by a Line drawn from Cape Sable across 
 the entrance of the Bay of Fundy to the mouth of the River Saint Croix by the 
 said River to its source and by a Line drawn due north from thence to the 
 
 SOUTHERN BOUNDARY OF OUR COLONY* OF QUEBEC to the NORTHWARD by the Said 
 
 Boundary as far as the Western extremity of the Baye des Chaleun To the East- 
 ward by the said Bay and the Gulph of Saint Lawrence to the Cape or Promontory 
 called Cape Breton in (he Island of that name including that Island and all other 
 Islands within six Leagues of the Coast excepting our said Island of Saint John which 
 Wee have thought fit to erect into a separate Government and to the Southward by 
 the Atlantick Ocean from the said Cape to Cape Sable aforesaid including the Island of 
 that name and all other Islands within forty Leagues of the Coast with all the Rights 
 members and appurtenances thereunto belonging And wee do hereby require and 
 command you to do and execute all things in due manner that shall belong unto your 
 said command and the Trust we have reposed In you according to the several powers 
 and authorities granted or appointed you by the present Commission and the Instruc- 
 tions herewith given you or by such other powers instructions and authorities as shall 
 at any lime hereafter be granted or appointed you under our Signet and Sign Manual 
 or by Our Order in our Privy Council and according to such reasonable Laws and Sta- 
 tutes as are now in force or shall hereafter be made or agreed upon by you with the 
 advice and consent of our Council and the Assembly of our said Province under youp 
 
151 
 
 government in such manner and form as is hereafter expressed And our Will and Appendix. 
 pleasure is that you the said Francis Legge after the publication of these our Letters No " lo- 
 Patent do take the Oath appointed to be taken by an Act passed in the first year of the commireinns oi 
 Reign of King George the First intituled " An Act for the further security of his Novo sco"»™ 
 Majesty's person and Government and the succession of the Crown in the Heirs of the Francis Lrege, 
 late Princess Sophia being Protestants and for the extinguishing the hopes of the pre-" 
 tended Prince of Wales and his open and secret Abettors" as altered and explained by 
 an Act passed in the sixth year of our Reign intituled " An Act for altering the Oath 
 of Abjuration and the assurance and for amending so much of an Act of the seventh 
 year of her late Majesty Queen Anne intituled An Act for the improvement of the 
 Union of the two Kingdoms as after the time therein limited requires the delivery of 
 certain Lists and Copies therein mentioned to persons indicted of High Treason or 
 Misprision of Treason" as also that you make and subscribe the declaration mentioned 
 in an / ct of Parliament made in the Twenty fifth year of the Reign of King Charles 
 the Second intituled "An Act for preventing dangers which may happen to Popish 
 Recusants" and likewise that you take the usual Oath lor the due execution of the 
 Office and Trust of our Captain General and Governor in Chief of our said Province 
 for the due and impartial administration of Justice And further that you take the 
 Oath required to be taken by Governors of Plantations to do their utmost that the 
 several Laws relating to Trade and the Plantations be observed All which said Oaths 
 and declaration Our Council in our said Province or any five of the members thereof 
 have hereby full power and authority and are required to tender and administer unto 
 you and in your absence to our Lieutenant Governor if there be any upon the place 
 All which being duly performed you shall administer unto each of the members of our 
 said Council as also to our said Lieute: ant Governor if there be any upon the place the 
 said Oaths mentioned in the said Acts Intituled "An Act for the further Security of 
 His Majesty's person and Government and the succession of the Crown in the Heirs 
 of the late Princess Sophia being Protestants and for extinguishing the hopes of the pre- 
 tended Prince of Wales and his open and secret Abettors" as altered and explained by 
 the aforesaid Act " for altering the Oath of Abjuration and the Assurance and for amend- 
 ing so much of an Act of the seventh year of her late Majesty Queen Anne Intitled 
 "An Act for the improvement of the Union of the two Kingdoms as after the time 
 therein limited requires the delivery of certain Lists and Copies therein mentioned to 
 persons indicted of High Treason or Misprision of Treason" as also cause them to make 
 and subscribe the aforementioned Declaration and administer to them the Oath for the 
 due execution of their Places and Trusts And we do hereby give and grant unto you 
 full power and authority to suspend any of the Members of our said Council from sit- 
 ting voting and assisting therein if you shall find just cause for so doing And if it shall at 
 any time happen that by the death departure out of our said Province suspension of 
 any of our said Councillors or otherwise there shall be a vacancy in our said Council 
 any five whereof we do hereby appoint to be a Quorum Our Will and pleasure is that 
 you signify the same unto us by the first opportunity that we may tender our Signet 
 and Sign Manual and constitute and appoint others in their stead Rut that our affairs 
 at that ilislai.ee may not suffer for want of a «lue number of Councillors if ever it shall 
 happen that there be less than Nine of them residing in our said Province We do 
 hereby give and grant unto you the said Francis Legge full power and authority to 
 choose as many persons out of the principal Freeholders Inhabitants thereof as shall 
 make up the full number of our said Council to he Nine and no more which persons 
 so chosen and appointed by you shall be to all intents and purposes Councillors in Our 
 said Province until either they shall he confirmed by us or by the nomination of others 
 by us under our Sign Mannal and Signet Our said Councill shall have nine and no 
 more persons in it And we do hereby give and grant unto you full power and autho- 
 rity with the advice and consent of our said Council from time to lime as need shall 
 
152 
 
 Appendix, require to summon and call General Assemblies of the said Freeholders within yout- 
 No: 15. Government in such manner and form as has been already appointed and used accord- 
 
 Commiwiom. of ing to such further Powers Instructions and Authorities as shall at any time hereafter 
 
 '" be granted or appointed you under our Signet and Sign Manual or by Our Order in 
 
 iTLeggc, Our Privy Council. And our Will and Pleasure is that the persons thereupon duly 
 elected by the major part of the Freeholders of the respective Counties and places and 
 so returned shall before their sitting take the Oaths mentioned in the said Act Inti- 
 tuled ' An act for the further security of His Majesty's person and Government and the 
 succession of the Crown in the Heirs of the late Princess Sophia being Protestants and 
 for extinguishing the hopes of the pretended Prince of Wales and his open and secret 
 abettors" as altered and explained by the aforesaid Act for altering the Oath of Abjura- 
 tion and the assurance and for amending so much of an Act of the seventh year of her 
 late Majesty Queen Anne intituled an Act for the improvement of the Union of the 
 two Kingdoms as after the time therein limited requires the delivery of certain Lists 
 and Copies therein mentioned to persons indicted of High Treason or Misprision of 
 Treason" as also make and subscribe the afore mentioned Declaration which Oaths 
 and Declaration you shall commissionate fit persons under Our Seal of Nova Scotia to 
 tender and administer unto them and until the same shall be so taken and subscribed 
 no person shall be capable of sitting though elected And we do hereby declare that 
 the persons elected and qualified shall be called and deemed the General Assembly of 
 that our Province of Nova Scotia And that you the said Francis Legge with the ad- 
 vice and consent of our said Council and Assembly or the major part of them respec- 
 tively shall have full power and authority to make constitute and ordain Laws Statutes 
 and Ordinances- for the publick peace welfare and good government of our said Province 
 and of the people and Inhabitants thereof and such others as shall resort thereto and for 
 the benefit of us our heirs and successors which said Laws Statutes and Ordinances are 
 not to be repugnant but as near as may be agreeable to the Laws and Statutes of this 
 our Kingdom of Great Britain Provided that all such Laws Statutes and Ordinances 
 of what nature or duration soever be within three months or sooner after the making 
 thereof transmitted to us under our Seal of Nova Scotia for our approbation or disait 
 lowance of the same as also duplicates thereof by the next conveyance and in case any 
 or all of the said Laws Statutes and Ordinances not before confirmed by us shall at any 
 time be disallowed and not approved and so signified by us our Heirs or Successors 
 under our or their Sign Manual and Signet or by order of our or their Privy Council 
 unto you the said Francis Legge or to the Commander in Chief of our said Province for 
 the lime being then such and so many of the said Laws Statutes and Ordinances as shall 
 be so disallowed and not approved shall from henceforth cease determine and become 
 utterly void and of none effect any thing to the contrary thereof notwithstanding And 
 to the end that nothing may be passed or done by our said Council or Assembly to the 
 prejudice of us our Heirs and Successors We will and ordain that you the said Francis 
 Legge shall have and enjoy a negative voice in the making and passing of all Law Statutes 
 and Ordinances as aforesaid And you shall and may likewise from time to time as 
 you shall judge it necessary adjourn prorogue and dissolve all General Assemblies as 
 aforesaid And our further will and pleasure is that you shall and may keep and use 
 the Publick Seal of our Province of Nova Scotia for sealing all things whatsoever that 
 pass the Great Seal of our said Province under your government And We do fur- 
 ther give and grant unto you the said Francis Legge full power and authority from 
 time to time and at any time hereafter by yourself or by any other to be authorized 
 by you in that behalf to administer and give the Oaths mentioned in the aforesaid 
 Acts to all and every such person or persons as you shall think fit who shall at any 
 ti' ■ orlimes pass into our said Province or shall be resident or abiding there And 
 w( :.i >y these presents give an I grai t unto you the said Francis Legge full power 
 and authority with the advice and consent of our said Council to erect constitute and 
 
153 
 
 establish such and so many Courts of Judicature and Public Justice within our said appendix. 
 Province as you and they shall think fit and necessary for the hearing and determining No ' 15 ' 
 of all causes as well criminal as civil according to Law and Equity and for awarding commissions of 
 
 i .... . , . t, . ., .j. _ .the Governors of 
 
 execution thereupon with all reasonable and necessary rowers Authorities tees and Nova sr.ma. 
 Privileges belonging: thereunto as also to appoint and commissionate fit persons in the Francis Leg», 
 
 o "° .. .-. . . . . SidJuly, 177:) 
 
 several parts of your government to administer the Oaths mentioned in the aforesaid 
 Act Intituled "An Act for the further Security of His Majesty's Person and Govern- 
 ment and the succession of the Crown in the Heirs of the late Princess Sophia being 
 Protestants and for extinguishing the hopes of the Pretended Prince of Wales and his 
 open and secret Abettors" as altered and explained by the aforesaid Act for altering 
 the Oath of Abjuration and the assurance and for amending so much of an Act of the 
 seventh year of her late Majesty Queen Anne intituled an Act for the improvement of 
 the Union of the two Kingdoms as afier the time therein limited requires the delivery 
 of certain Lists and Copies therein mentioned to persons indicted of High Treason or 
 Misprision of Treason as also to tender and administer the aforesaid Declaration unto 
 such persons belonging to the said Courts as shall be obliged to take the same And also 
 we do hereby authorize and empower you to constitute and appoint Judges and in 
 cases requisite Commissioners of Oyer aud Terminer Justices of the Peace and other 
 necessary Officers and Ministers in our said Province for the better administration of 
 Justice and putting the Laws in execution and to administer or cause to be adminis- 
 tered unto them such Oath or Oaths as are usually given for the due execution and 
 performance of Offices and places and for the clearing of Truth in Judicial causes 
 And we do hereby give and grant unto you full power and authority where you shall 
 see cause or shall judge any Offender or Offenders in Criminal matters or for any Fines 
 or forfeitures due unto us fit objects of Our mercy to pardon all such offenders and to 
 remit all such Offences fines and forfeitures Treason and Wilful Murder only excepted 
 In which cases you shall likewise have power upon extraordinary occasions to grant 
 reprieves to the Offenders until and to the intent our Royal pleasure shall be known 
 therein And whereas it belongeth to us in right of our Royal Prerogative to have the 
 custody of Idiots and their Estates and to take the profits thereof to our own use find- 
 ing; them necessaries and also to provide for the custody of Lunaticks and their Estates 
 without taking the profits thereof to our own use And whereas while such Idiots and 
 Lunaticks and their Estates remain under our immediate care great trouble and charges 
 may arise to such as shall have occasion to resort unto us for directions respecting such 
 Idiots and Lunaticks and their Estates and considering that Writs of Inquiry of Idiots 
 and Lunaticks are to issue out of our several Courts of Chancery as well in our Pro- 
 vinces in America as within this our Kingdom respectively and the Inquisitions there- 
 upon taken are returnable in those Courts We have thought fit to intrust you with 
 the care and commitment of the Custody of the said Idiots and Lunaticks and their 
 Estates And we do by these Presents give and grant unto you full power and au- 
 thority without expecting any further or special Warrant from us from time to time 
 to give Order and Warrant for the preparing of Grants of the Custodies of such Idiots 
 and Lunaticks and their Estates as are or shall be found by Inquisitions thereof taken or 
 to be taken and returnable in our Court of Chancery and thereupon to make and pass 
 Grants and Commitments under our Great Seal of our Province of Nova Scotia of the 
 custodies of all and every such Idiots and Lunaticks and their Estates to such person or 
 persons suitors in that behalf as according to the Rules of Law and the use and prac- 
 tice in those and the like cases you shall judge meet for that Trust the said Grants 
 and Commitments to be made in such manner and form or as nearly as may be as hath 
 been heretofore used and accustomed in making the same under the Great Seal of 
 Great Britain and to contain such apt and convenient Covenants Provisions and 
 Agreements on the part of the Committees and Grantees to be performed and security 
 to be by them given as shall be requisite and needful And wee do by these Present? 
 
 39* 
 
Commissions 
 Governors of 
 Nova Scotia. 
 
 154 
 
 Appendix, authorize and empower you to collate any person or persons to any Churches Chapels 
 N " 15 - or other Ecclesiastical Benefices within our said Province as often as any of them shall 
 „f happen to be void And we do hereby give and grant unto you the said Francis Leggc 
 by yourself or by your Captains and Commanders by you to be authorized full power 
 Franc'SW, and authority to levy arm muster command and employ all persons whatsoever re- 
 siding within our said Province as occasion shall serve to march from one place to 
 another or to imbark them for the resisting and withstanding of all enemies Pirates 
 and Rebels both at Land and Sea and to Transport such forces to any of our Planta- 
 tion in America if necessity shall require for the defence of the same against the Inva- 
 sion or attempts of any of our Enemies and such Enemies Pirates and Rebels (if there 
 shall be occasion) to pursue and prosecute in or out of the limits of our said Province 
 and Plantations or any of them (and if it shall so please God) to vanquish apprehend 
 and take them and being taken according to Law to put to death or keep and preserve 
 them alive at your discretion and to execute Martial Law in time of invasion or other 
 times when by law it may be executed and to do and execute all and every other things 
 which to our Captain General and Governor in Chief doth or ought of right to belong 
 And we do hereby give and grant unto you full power and authority by and with the 
 advice and consent of our said Council of Nova Scotia to erect raise and build in our 
 said Province such and so many Forts Platforms Castles Cities Boroughs Towns and 
 Fortifications as you by the advice aforesaid shall judge necessary and the same or any 
 of them to Fortify and furnish with Ordnance Ammunition and all sorts of Arms fit 
 and necessary for the security and defence of our said Province and by the advice 
 aforesaid the same again or any of them to demolish or dismantle as may be most con- 
 venient And forasmuch as divers mutinies and disorders may happen by persons- 
 shipped and employed at Sea during the time of War and to end that such as shall 
 be shipped and employed at Sea during the time of War may be better governed and 
 ordered We do hereby give and grant unto you the said Francis Legge full power and 
 authority to constitute and appoint Captains Lieutenants Masters of Ships and other 
 Commanders and Officers and to grant to such Captains Lieutenants Masters of Ships 
 and other Commanders and Officers Commissions to execute the Law Martial during 
 the time of War according to the directions of an Act passed in the Twenty Second 
 year of the Reign of our late Royal Grandfather Intituled "An Act for amending 
 explaining and reducing into one Act of Parliament the Laws relating to the govern- 
 ment of His Majesty's Ships Vessels and Forces by Sea and to use such proceedings 
 authorities punishments executions upon any offender or Officers who shall be mu- 
 tinous seditious disorderly or any way unruly either at Sea or during the time 
 of their abode or Residence in any of the Ports Harbours or Bays of our said 
 Province as the case shall be found to require according to Martial Law and the said 
 directions during the time of War as aforesaid Provided that nothing herein contain- 
 ed shall be construed to the enabling you or any by your authority to hold plea or 
 have any Jurisdiction of any offence cause matter or thing committed or done upon the 
 High Sea or within any of the Havens Rivers or Creeks of our said Provinces under 
 your Government by any Captain Commander Lieutenant Master Officer Seaman Sol- 
 dier or person whatsoever who shall be in our Actual Service and Pay in or on board 
 any of our Ships of War or other vessels acting b}' immediate Commission or War- 
 rant from our Commissioners for executing the office of our High Admiral of Great 
 liiitain for the time being under the Seal of our Admiralty but that such Captain 
 Commander Lieutenant Master Officer Seaman Soldier or other person so offending 
 shall be left to be proceeded against and tried as their offences shall require either by 
 Commission under our Great Seal of Great Britain as the Statute of the Twenty Eighth 
 of Henry the Eighth directs or by Commission from our said Commissioners for exe- 
 cuting the Office of our High Admiral or from our High Admiral of Great Britain for 
 
155 
 
 the time being according to the aforementioned Act Intituled "An Act for amending appendix 
 and explaining and reducing into one act of Parliament the Laws relating to the govern- No - 15- 
 ment of His Majesty's Ships Vessels and Forces by Sea and not otherwise Provided commissions of 
 nevertheless that all disorders and misdemeanors committed on shore by any Captain NovaKa.™ "' 
 Commander Lieutenant Master Officer Seaman Soldier or other person whatsoever be- FrancïslÛBge, 
 longing to any of our Ships of War or other Vessels acting by immediate Commission ~ dJuly ''" 
 or Warrant from our said Commissioners for executing the office of our High Admi- 
 ral or from our High Admiral of Great Britain for the time being under the Seal of 
 our Admiralty may be tried and punished according to the Laws of the place where 
 any such disorders Offences and misdemeanors shall be committed on shore notwith- 
 standing such offender be in our actual Service and borne in our Pay on board any- 
 such our Ships of War or other Vessels acting by immediate Commission or Warrant 
 from our said Commissioners for executing the Office of High Admiral or Our High 
 Admiral of Great Britain for the time being as aforesaid so as he shall not receive any 
 protection for the avoiding of Justice for such offences committed on shore from any 
 pretence of his being employed in our Service at Sea And our further Will and 
 Pleasure is that all publick money raised or which shall be raised by any act hereafter 
 to be made within our said Province be issued out by Warrant from you by and with 
 the advice and consent of the Council and disposed of by you for the support of the 
 government and not otherwise And wee do likewise give and grant unto you full 
 power and authority by and with the advice and consent of our said Council to settle 
 and agree with the Inhabitants of our Province for such Lands Tenements and Here- 
 ditaments as now are or hereafter shall be in our Power to dispose of and them to grant 
 to any person or persons upon such terms and under such moderate Quit Rents ser- 
 vices and acknowledgments to he thereupon reserved unto us as you by and with the 
 advice aforesaid shall think fit which said giants are to pass and be sealed with our 
 Seal of Nova Scotia and being entered upon Records by such Officer or Officers as shall 
 be appointed thereunto shall be good and effectual in Law against us our heirs and suc- 
 cessors And we do hereby give you the said Fiancis Legge full power to order and 
 appoint Fairs Marts and Markets as also such and so many Ports Harbours Bays Ha- 
 vens and other places for conveniences and security of Shipping and for the better load- 
 ing and unloading of Goods and merchandizes as you by and with the advice and con- 
 sent of the said Council shall bethought fit and necessary And we do hereby require 
 and command all Officers and Ministers Civil and Military and all other Inhabitants of 
 our said Province to be obedient aiding and assisting unto you the said Francis Legge. 
 in the execution of this our Commission and of the powers and authorities herein con- 
 tained And in case of your death or absence out of our said Province to be obedient 
 aiding and assisting unto such persons as shall be appointed by us to be our Lieutenant Go- 
 vernor or Commander in Chief of our said Province We do therefore by these Presents 
 give and grant all and singular the powers and authorities herein granted to be by him 
 executed and enjoyed during Our Pleasure or until your arrival within our said Province 
 and if upon your death or absence out of our said Province there be no person upon the 
 place commissionated or appointed by us to be our Lieutenant Governor or Commander 
 in Chief of the said Province Our Will and pleasure is that the Eldest Councillor who 
 shall beat the time of your death or absence residing within our said Province shall 
 take upon him the administration of the government and execute our said Commission 
 and Instructions and the several powers and authorities therein contained in the same 
 manner and to all intents and purposes as other our Governor or Commander in Chief 
 should or ought to do in case of your absence until your return or in all cases until our 
 further pleasure be known therein And we do hereby declare ordain and appoint that 
 you the said Francis Legge shall and may hold execute and enjoy the Office and place 
 of our Captain General and Governor in Chief in and over our said Province of Nova 
 
156 
 
 appendix. Scotia with all its Rights members and appurts whatsoever together with all and sin- 
 No, IS- gu i ar t he powers and authorities hereby granted unto you lor and during Our Will and 
 canton or Pleasure In Witness &c Witness ourself at Westminster the twenty second day of July 
 
 . ■ «f 
 
 By Writt of Privy Seal 
 
 This is a true Copy from the original Record remaining in the Chapel of the Rolls, 
 
 having been examined. 
 
 JOHN KIPLING. 
 
 i!m- GovemoM of 
 Nova Scoiia. 
 
 COMMISSION TO JOHN PARR, ESQUIRE, 
 
 AS CAPTAIN-GENERAL. AND GOVERNOR-IN-CHIEF OF NOVA SCOTIA, 29TH JULY, 
 
 2 GEO: III. 1782. 
 
 Ninth part of Patents in the twenty -second year of King George the Third 
 
 John Parr Esquire 
 5!>iùJujy,i782. Governor of Nova Scotia. 
 
 George the Third by the grace of God of Great Britain France and Ireland King 
 Defender of the Faith &c to our trusty and welbeloved John Parr Esquire greeting 
 Whereas wee did by our Letters Patent under our great seal of Great Britain bearing 
 date at Westminster the twenty second day of July in the thirteenth year of our 
 Reign constitute and appoint Francis Legge Esquire Captain General and Go- 
 vernor in Chief in and over our Province of Nova Scotia in America bounded on 
 the westward by a line drawn from Cape Sable across the entrance of the Bay of 
 Fundy to the mouth of the River Saint Croix by the said River to its source and 
 by a line drawn due north from thence to the southern boundary of our 
 colony of Quebec to the northward by the said boundary as far as the western 
 extremity of the Baye des Chaleurs to the eastward by the said Bay and the Gulph 
 of Saint Lawrence to the Cape or Promontory called Cape Breton in the Island of 
 that name including that Island and all other Islands within six leagues of the coast 
 excepting our Island of Saint John which wee have thought fit to erect into a separate 
 Government and to the southward by the Atlantick Ocean from the said Cape to Cape 
 Sable aforesaid including the Island of that name and all other Islands within forty 
 leagues of the coast with all the rights members and appurtenances whatsoever there- 
 unto belonging for and during our will and pleasure as by the said recited Letters 
 Patent relation being thereunto had may more fully and at large appear Now know 
 you that wee have revoked and determined and by these presents do revoke and de- 
 termine the said recited Letters Patent and every clause article and thing therein con- 
 tained And further know you that tvee reposing especial trust and confidence in the 
 prudence courage and loyalty of you the said John Parr of our especial grace certain 
 knowledge and meer motion have thought ft to constittile and appoint you the said 
 John Parr to be our Captain General and Governor in Chief of our said Pro- 
 vince of Nova Scotia bounded on the westward by a line drawn from Cape Sable 
 across the entrance of the Bay of Fundy to the mouth of the River Saint Croix 
 by the Said River to its source and by a line drawn due north from thence to 
 the southern boundary of our colony of Quebec to the northward by the said 
 boundary as far as the western extremity of the Baye des Chaleurs to the east- 
 ward by the said Bay and the Gulph of Saint Lawrence to the Cape or Promontorv 
 
157 
 
 called Cape Breton in the Island of that name including that Island and all other Appendix. 
 Islands within six leagues of the coast (excepting our said Island of Saint John) and No ' l5# 
 to the southward by the Atlantic Ocean from the said Cape to Cape Sable aforesaid commissi.,™ ol 
 including the Island of that name and all other Islands within forty leagues of the NoraSwti"?™ "' 
 coast with all the rights members and appurtenances whatsoever thereunto belonging J"hn~plrr, mu, 
 And wee do hereby require and command you to do and execute all things in due" 
 manner that shall belong unto your said command and the trust wee have reposed in 
 you according to the several powers and authorities granted or appointed you by the 
 present Commission and Instructions herewith given you or bv such further powers 
 instructions and authorities as shall at any time hereafter be granted or appointed you 
 under our signet and sign manual or by our order in our Privy Council and according 
 to such reasonable laws and statutes as are now in force or shall hereafter be made or 
 agreed upon by you with the advice and consent of our Council and the Assembly of 
 our said Province under your government in such manner and form as is hereinafter 
 expressed And our will and pleasure is that you the said John Parr after the publi- 
 cation of these our Letters Patent do take the oaths appointed to be taken by an act 
 passed in the first year of the Reign of King George the First intituled (An Act for 
 the better security of His Majesty's person and Government of and the succession of 
 the crown in the heirs of the late Princess Sophia being protestants and for extin- 
 guishing the hopes of the pretended Prince of Wales and his open and secret abettors) 
 as altered and explained by an Act passed in the sixth year of our Reign intituled An 
 Act for altering the oath of abjuration and the assurance and foY amending so much of 
 an Act of the seventh year of her late Majesty Queen Anne intituled An Act for the 
 Improvement of the Union of the two Kingdoms as after the time therein limited 
 requires the delivery of certain lists and copies therein mentioned to perso, s indicted 
 for High Treason or Misprision of Treason as also that you make and subscribe the 
 declaration mentioned in an Act of Parliament made in the twenty-fifth year of the 
 Reign of King Charles the Second intituled (An Act for preventing dangers which 
 may happen from Popish Recusants) and likewise that you take the usual oath for the 
 due execution of the office and trust of our Captain General and Governor in Chief 
 of our said Province for the due and impartial administration of justice And further 
 that you take the oath required to be taken by Governors of Plantations to do their 
 utmost that the several laws relating to Trade and the Plantations be observed All 
 which said oaths and declaration our Council in our said Province or any five of the 
 members thereof have hereby full power and authority and are required to tender and 
 administer unto you and in your absence to our Lieutenant Governor if there be any 
 upon the place All which being duly performed you shall administer unto each of 
 the members of our said Council as also to our Lieutenant Governor if there be any 
 upon the place the said oaths mentioned in the said first recited Act of Parliament 
 altered as above as also cause them to make and subscribe the aforementioned declara- 
 tion and administer to them the oath for the clue execution of their places and trusts 
 And wee do hereby give and grant unto you full power and authority to suspend any 
 of the members of our said Council from sitting voting and assisting therein if you 
 shall find just cause for so doing And if it shall at any time happen that by the death 
 departure out of our said Province suspension of any of our said Councillors or other- 
 wise there shall be a vacancy in our said Council (any five whereof we do hereby 
 appoint to be a quorum) our will and pleasure is that you signify the same unto us by 
 the first opportunity that wee may under our signet and sign manual constitute and 
 appoint others in their stead But that our affairs at that distance may not suffer for 
 want of a due number of Councillors if ever it shall happen that there be less than 
 nine of them residing in our said Province wee do hereby give and grant unto you 
 the said John Parr full power and authority to choose as many persons out of the 
 principal freeholders inhabitants thereof as shall make up the full number of our said 
 4.0* 
 
158 
 
 Appendix. Council to be nine and no more which persons so chosen and appointed by you shall 
 No - 15 - be to all intents and purposes Councillors in our said Province until either they shall 
 co^tonsoi be confirmed by us by the nomination of others by us under our sign manual and 
 ' -„; : ;r '" signet our said Council' shall have nine or more persons in it And wee do hereby give 
 h and grant unto you full power and authority with the advice and counsel from time 
 to time as need shall require to summon and call General Assemblies of the said free- 
 holders and planters within your government in such manner and form as has been 
 already appointed and used or according to such further powers instructions and au- 
 thorities as shall at any time hereafter be granted or appointed you under our signet 
 and sign manual or by our order in our Privy Council And our will and pleasure is 
 that the persons thereupon duly elected by the major part of the freeholders of the 
 respective counties and places and so returned shall before their sitting take the oaths 
 mentioned in the first recited Act of Parliament altered as above as also make and 
 subscribe the aforementioned declaration which oaths and declaration you shall rom- 
 missionate fit persons under our seal of Nova Scotia to tender and administer unto 
 them and until the same shall be so taken and subscribed no person shall be capable 
 of sitting thouo-h elected And wee do hereby declare that the persons so elected and 
 qualified shall be called and deemed the General Assembly of that our Province of 
 Nova Scotia And that you the said John Parr with the advice and consent of our 
 said Council and Assembly or the major part of them respectively shall have full 
 power and authority to make constitute ordain laws statutes and ordinances for the 
 public peace welfare and good government of the said Province and of the people and 
 inhabitants thereof and such others as shall resort thereto and for the benefit of us 
 our heires and successors which said laws statutes and ordinances are not to be repug- 
 nant hut as near as may be agreeable to the laws and statutes of this our Kingdom of 
 Great Britain Provided that all such laws statutes and ordinances of what nature or 
 duration soever be within three months or sooner after the making thereof transmitted 
 to us under our seal of Nova Scotia for our approbation or disallowance of the same 
 as also duplicates thereof by the next conveyance And in case any or all of the said 
 laws statutes and ordinances not before confirmed by us shall at any time be disallowed 
 and not approved and so signified by us our heires or successors under our or their 
 sign manual and signet or by order of our or their Privy Council unto you the said 
 John Parr or to the Commander in Chief of our said Province for the time being 
 then such and so many of the said laws statutes and ordinances as shall be so dis- 
 allowed and not approved shall from thenceforth cease determine and become utterly 
 void and of none effect any thing to the contrary thereof notwithstanding And to 
 the end that nothing may be passed or done by our said Council or Assembly to the 
 prejudice of us our heires and successors wee will and ordain that you the said John 
 Pair shall have and enjoy a negative voice in making and passing of all laws statutes 
 and ordinances as aforesaid And you shall and may likewise from time to time as 
 you shall judge it necessary adjourn prorogue and dissolve all General Assemblies as 
 aforesaid And our further will and pleasure is that you shall and may keep and use 
 • he public seal of our Province of Nova Scotia for sealing all things whatsoever that 
 pass the great seal of our said Province under your government And wee do further 
 give and grant unto you the said John Parr full power and authority from time to time 
 and at any time hereafter by yourself or by any other to be authorized by you in that 
 behall to administer and give the oaths mentioned in the aforesaid Acts to all and 
 every such person or persons as you shall think fit who shall at any time or times 
 pass into our said Province as shall be resident or abiding there And wee do by these 
 presents give and grant unto you the said John Parr full power and authority with 
 the advice and consent of our said Council to erect constitute and establish such and 
 so many Courts of Judicature aid Public Justice within our said Province as you and 
 they shall think fit and necessary for the hearing and determining of all causes as well 
 
159 
 
 criminal as civil according to law and equity and for awarding; execution thereupon Jippetidix. 
 
 with all reasonable and necessary powers authorities fees and privileges belonging 
 
 thereunto as also to appoint and commissionate fit persons in the several parts of our cm issions oi 
 
 -1ACT11- ""' Governors oi 
 
 Government to administer the oaths mentioned in the first recited Act ol Parlia- Nova Scotia, 
 ment altered as above as also to tender and administer the aforesaid declaration unto John i Parr, 29th 
 
 July, 1 (Sa. 
 
 such persons belonging to the said Courts as shall be obliged to take the same And 
 wee do hereby authorize and impowcr you to constitute and appoint Judges and in 
 cases requisite Commissioners of Oyer and Terminer Justices of the Peace and other 
 necessary Officers and Ministers in our said Province for the better administration of 
 justice and putting the laws into execution and to administer or cause to be adminis- 
 tered unto them such oath or oaths as are usually given for the due execution and 
 performance of offices and places and for the clearing of truth in judicial causes And 
 wee do hereby give and grant unto you full power and authority where you shall sec 
 cause or shall judge any offender or offenders in criminal matters or for any fines or 
 forfeitures due unto us fit objects of our mercy to pardon all such offenders and to 
 remit all such offences fines and forfeitures treason and wilful murder only excepted 
 In which cases you shall likewise have power upon extraordinary occasions to grant 
 reprieves to the offenders until and to the intent our Royal pleasure may be known 
 therein And whereas it belongcth to us in right of our Royal prerogative to have 
 the custody of Idiots and their estates and to take the profits thereof to our own use 
 finding them necessaries And also to provide for the custody of Lunaticks and their 
 estates without taking the profits thereof to our own use And whereas while such 
 Idiots and Lun;-ticks and their effects remain under our immediate care great trouble 
 and charges may arise to such as shall have occasion to resort unto us for directions 
 respecting such Idiots and Lunaticks and their estates and considering that writs of 
 inquiry of Idiots and Lunaticks are to issne out of our several Courts of Chancery 
 as well in our Provinces in America as within this our Kingdom respectively and the 
 inquisitions thereupon taken are returnable in those Courts wee have thought fit to 
 entrust you with the care and commitment of the custody of the said Idiots and 
 Lunaticks and their estates And wee do by these presents give and grant unto you 
 full power and authority without expecting any further special warrant from us from 
 time to time to give order and warrant for the preparing of grants of the custodies of 
 such Idiots and Lunaticks and their estates as are or shall be found by inquisition 
 thereof taken or to be taken and returnable into our Court of Chancery and thereupon 
 to make and pass grants and commitments under our great seal of our Province of 
 Nova Scotia of the custodies of all and every such Idiots and Lunaticks and their 
 estates to such person or persons suitors in that behalf as according to the rules of 
 law and the use and practice in those and the like cases you shall judge meet for that 
 trust The said grants and commitments to be made in such manner and form or as 
 nearly as may be as hath been heretofore used and accustomed in making the same 
 under the great seal of Great Britain and to contain such apt and convenient covenants 
 provisions and agreements on the part of the Committees and Grantees to be perform- 
 ed and such security to be by them given as shall be requisite and needful Wee do 
 by these presents authorize and empower you to collate any person or persons to any 
 Churches Chapels or other Ecclesiastical Benefices within our said Province as often 
 as any of them shall happen to be void And wee do hereby give and grant unto you 
 the said John Parr by yourself or by your Captains and Commanders by you to be 
 authorized full power and authority to levy arm muster command and employ all 
 pu-sons whatsoever residing within our said Province and as occasion shall serve to 
 march from one place to another or to embark them for the resisting and withstand- 
 ing of all enemies pirates and rebels both at land and sea and to transport such forces 
 1o any of our Plantations in America if necessity shall require for the defence of the 
 s.me against the invasion or attempts of any of our enemies and euch enemies pirates 
 
160 
 
 appendix, and rebels (if there shall be occasion) to pursue and prosecute in or out of the limit? 
 No - 15 - of our said Province and Plantations or any of them and (if it shall so please Cod) 
 
 communions nf to vanquish apprehend and take them and being taken according to law to put to death 
 wâs'cm™ ' 5 "' or keep and preserve them alive at your discretion and to execute martial law in time 
 
 john~pâir,29tJi of invasion or other times when by law it may be executed and to do and execute all 
 and every other thing and things which to our Captain General and Governor in Chief 
 doth or ought of right to belong And wee do hereby give and grant unto you full 
 power and authority by and with the advice and consent of our said Council of Nova 
 Scotia to erect raise and build in our said Province such and so many Forts and Plat- 
 forms Castles Cities Boroughs Towns and Fortifications as you by the advice afore- 
 said shall judge necessary and the same or any of them to fortify and furnish with 
 ordnance ammunition and all sorts of arms fit and necessary for the security and 
 defence of our said Province and by the advice aforesaid the same again or any of 
 them to demolish or dismantle as may be most convenient And forasmuch as divers 
 mutinies and disorders may happen by persons shipped and employed at sea during 
 the time of war and to the end that such as shall be shipped and employed at sea 
 during the time of war may be better governed and ordered wee do hereby give and 
 grant unto you the said John Parr full power and authority to constitute and appoint 
 Captains Lieutenants Masters of Ships and other Commanders and Officers and to 
 grant to such Captains Lieutenants Masters of Ships and other Commanders and 
 Officers commissions to execute the law martial during the time of war according to 
 the directions of an Act passed in the twenty-second year of the Reign of our late 
 Royal Grandfather intituled (An Act for amending explaining and reducing into one 
 Act of Parliament the laws relating to the government of His Majesty's ships vessels 
 and forces by sea) as the same is altered by an Act passed in the nineteenth year of 
 our Reign intituled An Act to explain and amend an Act made in the twenty-second 
 year of the Reign of his late Majesty King George the Second intituled (Act for 
 amending explaining and reducing into one Act of Parliament the laws relating to the 
 government of Lis Majesty's ships vessels and forces by sea) and to use such pro- 
 ceedings authorities punishments and executions upon any offender or offenders who 
 shall be mutinous seditious disorderly or any unruly either at sea or during the time 
 of their abode or residence in any of the ports harbours or bays of our said Province 
 as the case shall be found to require according to martial law and the said directions 
 during the time of war as aforesaid Provided that nothing herein contained shall be 
 construed to the enabling you or any by your authority to hold plea or have any 
 jurisdiction of any offence cause matter or thing committed or done upon the high 
 sea or within any of the havens rivers or creeks of our said Province under your 
 government by any Captain Commander Lieutenant Master Officer Seaman Soldier or 
 person whatsoever who shall be in our actual service or pay in or on board any of our 
 ships of war or other vessels acting by immediate commission or warrant from our 
 Commissioners for executing the office of our High Admiral or from our High Ad- 
 miral of Great Britain for the time being under the seal of our Admiralty but that 
 such Captain Commander Lieutenant Master Officer Seaman Soldier or other person 
 so offending shall be left to be proceeded against and tried as their offences shall 
 require either by commission under our great seal of Great Britain as the statute of 
 the twenty-eighth of Henry the Eighth directs or by commission from our said Com- 
 missioners for executing the office of" our High Admiral or from our High Admiral of 
 Great Britain for the time being according to the aforementioned Act intituled (An 
 Act for explaining amending and reducing into one Act of Parliament the laws rela- 
 ting to the government of His Majesty's ships vessels and forces by sea) Provided 
 nevertheless that all disorders and misdemeanors committed on shore by any Captain 
 Commander Lieutenant Master Officer Seaman Soldier or other person whatsoever 
 belonging to any of our ships of war or other vessels acting by immediate commission 
 
ICI 
 
 or warrant from our said Commissioners for executing the office of our High Admiral appendix. 
 or from our ii igh Admiral of Great Britain for the time being under the seal of Great Nu ' 15 ' 
 Britain for the lime being under the seal of our Admiralty may be tried and punished c-nmmissiuns of 
 
 • i .-ii i i t i iv i • i *^ e Governors of 
 
 according to the laws of the place where any such disorders ollences and misdemeanors NovaScotia. 
 shall be committed on shore notwithstanding such offender be in our actual service John P»«, 29th 
 
 , . July, 178S. 
 
 and borne in our pay on board any such our ships of war or other vessels acting by 
 immediate commission or warrant from our said Commissioners for executing the 
 office of our High Admiral or our High Admiral of Great Britain for the time being 
 as aforesaid so as he shall not receive any protection for the avoiding of justice for 
 such offences committed on shore from any pretence of his being employed in our 
 service at sea And our further will and pleasure is that all public money raised or 
 which shall be raised by any Act hereafter to be made within our said Province be 
 issued out by warrant from you by and with the advice and consent of our said Coun- 
 cil and disposed of bj you for the support of the government or for such other pur- 
 pose as shall be particularly directed in and by such Act and not otherwise And wee 
 do likewise give and grant unto you full power and authority by and with the advice 
 and consent of our said Council to settle and agree with the inhabitants of our Province 
 for such lands tenements and hereditaments as now are or hereafter shall be in our 
 power to dispose of and them to grant to any person or persons upon such terms and 
 under such moderate quit rents services and acknowledgments to be thereupon re- 
 served unto us as you (by and with the advice aforesaid) shall think fit which said 
 grants are to pass and be sealed with our seal of Nova Scotia and being entered upon 
 record by such officer or officers as shall be appointed thereunto shall be good and 
 effectual in law against us our heirs and successors And wee do hereby give you the 
 said John Parr full power to order and appoint fairs marts and markets as also such 
 and so many ports harbours bays havens and other places for convenience and security 
 of shipping and for the better loading and unloading of goods and merchandizes as by 
 you with the advice and consent of our said Council shall be thought fit and neces- 
 sary And wee do hereby require and command all Officers and Ministers civil and 
 military and all other inhabitants of our said Province to be obedient aiding and 
 assisting unto you the said John Parr in the execution of this our commission and of 
 the powers and authorities herein contained and in case of your death or absence out 
 of our said Province to be obedient aiding and assisting unto such person as shall be 
 appointed by us to be our Lieutenant Governor or Commander in Chief of our said 
 Province To whom wee do therefore by these presents give and grant all and singular 
 the powers and authorities herein granted to be by him executed and enjoyed during 
 our pleasure or until your arrival within our said Province And if upon your death 
 or absence out of our said Province there be no person upon the place commissionated 
 and appointed by us to be our Lieutenant Governor or Commander in Chief of our 
 said Province our will and pleasure is that the eldest Councillor who shall be at the 
 time of your death or absence residing within our said Province shall take upon him 
 the administration of the government and execute our said commission and instruc- 
 tions and the several powers and authorities therein contained in the same manner and 
 to all intents and purposes as other our Governor or Commander in Chief should or 
 ought to do in case of your absence until your return or in all cases until our further 
 pleasure be known therein And wee do hereby declare ordain and appoint that you 
 the said John Parr shall and may hold execute and enjoy the office and place of our 
 Captain General and Governor in Chief in and over our said Province of Nova Scotia 
 with all its rights members and appurtenances whatsoever together with all and singu- 
 lar the powers and authorities hereby granted unto you for and during our will and 
 pleasure In witness &c Witness ourself at Westminster the twenty-ninth day of July 
 
 By Writ of Privy Seal. 
 This is a true copy from the original record remaining in the Chapel of the Rolls, 
 
 having been examined 
 
 JOHN KIPLING. 
 41* 
 
APPENDIX, No. XVI. 
 EXTRACT FROM THE OPINION 
 
 01 
 
 THE ATTORNEY AND SOLICITOR GENERAL, 
 
 THE EIGHT HONORABLE THE LORDS COMMISSIONERS OF TRADE AND PLANTATIONS, 
 
 AUGUST 11TH, 1731. 
 
 EXTRACT 
 
 FROM THE OPINION OF THE ATTORNEY AND SOLICITOR GENERAL, TO THE RIGHT 
 HONORABLE THE LORDS COMMISSIONERS OF TRADE AND PLANTATIONS. 
 
 Jippendix. Upon this state of the case the questions proposed to us were, 
 
 No. 16. lgt _ Whether the inhabitants of the Massachusetts Bay (if they ever had any right 
 
 Opinion nfthe At- to the government ol the said Tract of Land lying between St. Croix and Kennebeck 
 !ôr n Gene"ai,To the or Sagadahock,) have not, by their neglect, and even refusal to defend, take care of 
 «oners of Trade and improve the same, forfeited their said right to the Government, and what right 
 
 and Plantations. — 
 
 August nth, 173). they had under the Charter, and now have, to the Lands. 
 
 2nd. Whether by the said Tract being conquered by the French, and afterwards 
 reconquered by General Nicholson in the late Queen's time, and yielded up by France 
 to Great Britain by the Treaty of Utrecht, that part of the Charter relating thereto 
 became vacated ? And whether the Government of that Tract and the Lands thereof, 
 are not absolutely revested in the Crown, and whether the Crown has not thereby a 
 sufficient power to appoint Governours, and assign Lands to such Families as shall be 
 desirous to settle there ? 
 
 Upon considering the said case and questions, and the evidence laid before us, and 
 what was alleged on all sides, it appears to us, 
 
 That all the said Tract of Land lying between the Rivers of Kennebeck and 
 St. Croix, is (among other things) granted by the said Charter to the inhabitants 
 of the said Province: And that thereby power is given to the Governour and General 
 Assembly of the said Province to make grants of lands within the said Limits, sub- 
 ject to a proviso that no such grants should be of any force until their said late Majes- 
 ties, their Heirs or Successors, should have signified their approbation of the same. 
 It appears also by the said Charter, That the rights of Government granted to the 
 said Province, extend over this Tract of Land. 
 
163 
 
 7/ doth not appear to us that the inhabitants of the said Province have been Appendix. 
 guilty oj any such neglect or refusal to défaut this part of the country, as can No " 16, 
 create a forfeiture of that subordinate right of Government of the same, or Opinio7o7ti>e At- 
 oj such property in the soil, as was granted to them by the. said Charter; i" "êlàèni, w'uJê 
 it being sworn by several of the said affidavits, that a fort was erected there, and for slows of°T™d« 
 some time delended, at the charge of the Province, and that Magistrates and Courts of AugusTiitMm 
 Justice have been appointed within this District: And that one of the Council of the 
 Province hath always been chosen for this Division; And though it is certain that this 
 part of the Province hath not been improved equally with other parts thereof, yet, 
 considering the vast extent of Country granted by this Charter, and the great im- 
 provements made in several parts of it, we conceive that will not create a forfeiture, 
 because in such a case, it is not to be expected that the whole should be cultivated 
 and improved to the same advantage: And whether there has been such a neglect or 
 non use of any part, as may amount to a torfeiture, must be adjudged of not upon the 
 particular circumstances attending that part only, but upon the circumstances of the 
 whole. 
 
 And if the Province had incurred any forfeiture in the present case, no advan- 
 tage could be taken thereof but by a legal proceeding by Scire facias to Repeal 
 their Charter, or by inquisition finding such forfeiture. 
 
 As to to the question stated in the case, upon the effect of the Conquest of this 
 Tract of Country by the French, and the re-conquest thereof by General Nicholson, 
 we conceive, that the said Tract not having been yielded by the Crown of En- 
 gland to France by any Treaty, the conquest thereof by the French created (ac- 
 cording to the Law of Nations) only a suspension of the property of the former 
 owners, a?id not an extinguishment of it; And that upon the re-conquest of it by Ge- 
 neral Nicholson, all the ancient rights, bot h of the Province and oj private persons, 
 subjects of the Crown of Great Britain, did revive and were restored jure post li- 
 minei. This rule holds the more strongly in the present case, in regard it appears by 
 the affidavits that the Province joined their forces to those which came thither under 
 the command of General Nicholson in this service. 
 
 For these reasons, we are of opinion that the said Charter still remains in force, and 
 that the Crown hath not power to appoint a particular Governour over this part of the 
 Province, or to assign lands to persons desirous to settle there: Nor can the Province 
 grant these land to private Proprietors without the approbation of the Crown, accord- 
 ing to the Charter. 
 
 ********* 
 
 ****¥■ * * 
 
 All of which, &c. 
 
 P. YORKE, 
 C. TALBOTT. 
 August Uth, 1731. 
 
 To all to whom these Presents shall come, Greeting. 
 I certify that the foregoing are true Extracts from a Copy of the Journal of the 
 House of Representatives of the Province of Massachusetts Bay, to which the follow- 
 ing attestation is affixed. 
 
 " Commonwealth of Massachusetts. 
 
 " I hereby certify that the foregoing is a true copy from a printed vo- 
 
 " lume in the Secretary's Office of this Commonwealth, being a Journal 
 
 [l. s.] " ol the Honorable House of Representatives of His Majesty's Province 
 
 " of Massachusetts Bay, in New England," and " printed by Thomas 
 
 " Fleet, Printer to the Honorable House of Representatives, 1731," 
 
164 
 
 .Ip/iendix. 
 No. 16. 
 
 Opinion of the At- 
 loi no) tod Solici- 
 tor Ueneral, to the 
 
 Lorù-j Commle- 
 Bionen of Trade 
 and Plantations — 
 August l!t!i, 1731. 
 
 '' and that, after a careful examination of the Records and Files of this 
 " Office, no other Copy of the opinion of the Attorney and Solicitor 
 " General referred to and copied in the foregoing extract from the said 
 " Journal, has been discovered. And I further certify that the original 
 " Journal of the House of Representatives, of which the said printed 
 " volume purports to be a Copy, is not in the Archives of State of this 
 " Commonwealth: And to the best of my knowledge and belief, is not 
 " in existence. In testimony of all which, I have caused the Seal of 
 " the Commonwealth of .Massachusetts, in my custody and possession, 
 " to be hereunto affixed, this twenty-eighth day of June, one thousand 
 •' eight hundred and twenty-eight. 
 
 " EDWARD D. BANGS, 
 " Secretary of (he Commonivealth." 
 
 Which copy is on file in this Department; That Edward D. Bangs, whose name is 
 subscribed to said attestation, was, at the time of subscribing the same, Secretary of the 
 Commonwealth of Massachusetts, one of the United States of America, duly qualified, 
 and that full faith and confidence are due to his acts as such. 
 
 In testimony whereof, I, Henry Clay, Secretary of State of the United States, 
 [l. s ] have hereunto subscribed my name, and caused the Seal of the Depart- 
 ment of State to be affixed. 
 
 Done at the City of Washington, the seventeenth day of December, 
 A. D. 1828, and of the Independence of the United Slates of Ame- 
 rica the fifty-third. 
 
 H. CLAY. 
 
APrENDIX, No. XVII. 
 
 ROYAL FROCLA3IATION. 
 
 SEVENTH OCTOBER— 3 GEOUGE 111.-1763 
 
 Fourteenth part of Patents in the fourth year of King George the Third, 
 BY THE KING:— A PROCLAMATION. 
 
 UEORGE R. 
 
 Whereas we have taken into our Royal consideration the extensive and valuable Appendix, 
 acquisitions in America secured to our Crown by the late definitive Treat}' of Peace Iv0 " 7 ' 
 concluded at Paris the tenth day of February last And being desirous that all our Royal p ro ciama- 
 Loving subjects as well of our Kingdoms as of our Colonies in America may avail them- 
 selves with all convenient speed of the great benefit and advantages which must accrue 
 therefrom to their Commerce Manufactures and Navigation we have thought fit with 
 the advice of our Privy Council to issue this our Royal Proclamation hereby to pub- 
 lish and declare to all our loving subjects that wee have with the advice of our said 
 Privy Council gra> ted our Letters Patent tinder our Great Seal of Great Britain to 
 erect within the Countries and Islands ceded and confirmed to us by the said Treaty 
 four distant and separate Governments styled and called by the names of Quebec East 
 Florida West Florida and Grenada and limited and bounded as follow viz. 
 
 First. The Government of Quebec bounded on the Labrador coast by the river St. 
 John and from thence by a line drawn from the head of that river through the Lake 
 St. John to the South end of the Lake Nipissin from whence the said tine crossing 
 the river St. Lawrence and the Lake Champlain in forty-five degrees of North 
 latitude passes along the High Lands which divide the Rivers that empty 
 
 THEMSELVES INTO THE SAID RlVER St. LAWRENCE FROM THOSE WHICH FALL INTO 
 
 the Sea and also along the North Coast of the Bay des Chaleurs and the coast of 
 the Gulph of St. Lawrence to Cape Rosières and from thence crossing the mouth of 
 the river St Lawrence by the West end of the Island of ,/înticosli terminates at the 
 aforesaid river of Saint John. 
 
 Secondly. The Government of East Florida bounded, to the westward by the 
 Gulph of Mexico and Ihe Apalachicola river to the North ward by a line drawn from 
 that part of I lie said river where the Chalahouc/.ee and Flint rivers meet to the 
 Source of St. Marys river and by the course of the said river to the Jitlantick 
 Ocean, and to the eastward aud southward by the Atlantic!; Ocean and the Gulph of 
 Florida including all Islands within six leagues ot the Sea Coast. 
 
 Thirdly. The Government of West Florida bounded to the southward by the 
 Gulph of Mexico including all Islands within six leagues of the Coast from the 
 river Apalachicola to Lake Pontchartrain to the westward by the said Lake the 
 
 4a.* 
 
166 
 
 Appendix. Lake Maurepas and the river Mississippi to the northward by a line drawn 
 
 N ' due east Jrom that part of the river Mississippi which lies in thirty one degrees 
 
 Royai iT.,ci.„ni north latitude to the river ,-Jpalachicola or Chatahouchee and to the eastward by the 
 
 lion. — Oct.7, 17ijJ. 
 
 said river. 
 
 Fourthly. The Government of Grenada comprehending the Island of that name to- 
 gether with the Grenadines and the Islands of Dominica St. Vincents and Tobago. 
 
 And to the end that the open and free Fishery of our Subjects may be extended 
 and carried on upon the coast of Labrador and the adjacent Islands we have thought fit 
 with the advice of our said Privy Council to put all that Coast from the river St. Johns 
 to Hudsons Streights together with the Islands of Anticosti and Madelaine and all 
 other smaller Islands lying upon the said Coast under the care and Inspection of our 
 Governor of Newfoundland wee have also with the advice of our Privy Council 
 thought fit to annex the Islands of St. Johns and Cape Breton or Isle Royale with the 
 lesser Islands adjacent thereto to our Government of Nova Scoti?. 
 
 We have also with the advice of our Privy Council aforesaid annexed to our Pro- 
 vince of Georgia all the lands lying between the rivers of Altamaha and St. Marys 
 And whereas it will greatly contribute to the speedy settling our said new Govern- 
 ments that our loving subjects should be informed of our paternal care for the security 
 of the liberties and properties of those who are and shall become inhabitants thereof 
 We have thought fit to publish and declare by this our proclamation that we have in 
 the Letters Patent under our Great Seal of Great Britain by which the said Govern- 
 ments are constituted given express power and direction to our Governors of our said 
 Colonics respectively that so soon as the state and circumstances of the said Colonies 
 will admit thereof they shall with the advice and consent of the members of our Coun- 
 cil summon and call General Assemblies within the said Governments respectively in 
 such manner and form as is used and directed in those Colonies and Provinces in Ame- 
 rica which are under our immediate Government And we have also given power to 
 the said Governors with the consent of our said Councils and the Representatives of the 
 people so to be summoned as aforesaid to make constitute and ordain Laws Statutes 
 and Ordinances for the publick peace welfare and good Government of our said Colonies 
 and of the people and inhabitants thereof as near as may be agreeable to the Laws of 
 England and under such regulations and restrictions as are used in other Colonies and 
 in the mean time and until such Assemblies can be called as aforesaid all persons in- 
 habiting in or resorting to our said Colonies may confide in our Royal protection for 
 the enjoyment of the Benefit of the laws of our Realm of England for which purpose 
 we have given power under our Great Seal to the Governors of our said Colonies re- 
 spectively to erect and constitute with the advice of our said Councils re- 
 spectively Courts of Judicature and Publick Justice within our said Colonies for the 
 hearing and determining all causes as well Criminal as Civil according to law and 
 equity and as near as my be agreeable to the Laws of England with liberty to all per- 
 sons who may think themselves aggrieved by the sentences of such Courts in all Civil 
 cases to appeal under the usual Limitations and Restrictions to us in our Privy Council. 
 We have also thought fit with the advice of our Privy Council as aforesaid to give 
 unto the Governors and Councils of our said three new Colonies upon the Continent 
 full power and authority to settle and agree with the inhabitants of our said new Colo- 
 nies or with any other persons who shall resort thereto for such Lands Tenements and 
 Hereditaments as are now or hereafter shall be in our power to dispose of and them to 
 grant to any such person or persons upon such terms and under such moderate quit 
 Rents services and acknowledgments as have been appointed and settled in our other 
 Colonies and under such other conditions as shall appear to us to be necessary and 
 expedient for the advantage of the Grantees and the improvement and settlement of 
 our said Colonies. 
 
167 
 
 And whereas we are desirous upon all occasions to testify our Royal sense and ap- t-'J/ijtcndi.r. 
 probation of the conduct and Bravery of the Officers and Soldiers of our Armies anil 
 to reward the same we do hereby command and empower our Governors of our said noyai Prodama 
 
 _ - in- r< lion —Oct 7, 1763. 
 
 three new Colonies and all other our Governors of our several Provinces on the Con- 
 tinent of North America to grant without fee or reward to such reduced Officers as 
 have served in North America during the late war and to such private Soldiers as have 
 been or shall be disbanded in America and are actually residing there and shall person- 
 ally apply for the same The following quantities of Lands subject at the expiration of 
 ten years to the same Quit Rents as other Lands are subject to in the Province within 
 which they are granted, as also subject to the same conditions of cultivation and im- 
 provement viz: 
 
 To every person having the Rank of a field Officer five thousand acres To every 
 Captain three thousand acres To every Subaltern or Stall' Officer two thousand acres 
 To every Non Commissioned Officer two hundred acres To every private man fifty 
 acres. We do likewise authorize and require the Governors and Commanders in Chief 
 of all our said Colonies upon the Continent of North America to grant the like quan- 
 tities of Land and upon the same conditions to such reduced Officers of our Navy of 
 like Rank as served on board our ships of war in North America at the times of the 
 reduction of Louisbourg and Quebec in the late war and who shall personally apply to 
 our respective Governors for such Grants. 
 
 And whereas it is just and reasonable and essential to our interest and the security 
 of our Colonies that the several Nations or Tribes of Indians with whom we are con- 
 nected and who live under our protection should not be molested or disturbed in the 
 possession of such parts of our Dominions and Territories as not having been ceded to 
 or purchased by us are reserved to them or any of them as their Hunting Grounds 
 we do therefore with the advice of our Privy Council declare it to be our Royal will 
 and pleasure that no Governor or Commander in Chief in any of our Colonies of Que- 
 bec East Florida or West Florida do presume upon any pretence whatever to grant 
 warrants of survey or pass any patents for Lands beyond the bounds of their respective 
 Governments as described in the Commissions as also that no Governor or Com- 
 mander in Chief in any of our other Colonies or Plantations in America do pre- 
 sume for the present and until our further pleasure be known to grant warrants oj 
 surveyor pass patents for any Lands beyond the heads of any of the Rivers 
 which fall into the Atlantick Ocean from the west and north west or upon any 
 Lands whatever which not having been ceded to or purchased by us as aforesaid are 
 reserved to the said Indians or any of them. 
 
 And we do further declare it to be our Royal will and pleasure for the present as 
 aforesaid to reserve under our Sovereignty protection and Dominion for the use of 
 the said Indians all the Lands and Territories not included within the limits of our 
 said three new Governments or within the limits of the Territory granted to the Hud- 
 sons Bay Company as also all the Lands and Territories lying to the westward of the 
 sources of the rive?-s which fall into the Sea from the west and north west as 
 aforesaid And we do hereby strictly forbid on pain of our Displeasure all our loving 
 subjects from making any purchases or Settlements whatever or taking possession of 
 any of the Lands above reserved without our especial Leave and Licence for that 
 purpose first obtained. 
 
 And we do further strictly enjoin and require all persons whatever who have 
 either wilfully or inadvertently seated themselves upon any Lands within the Coun- 
 tries above described or upon any other lands which not having been ceded to or 
 purchased by us are still reserved to the said Indians as aforesaid forthwith to remove 
 themselves from such settlements. 
 
 And whereas great frauds and abuses have been committed in the purchasing Lands 
 of the Indians to the great prejudice of our Interests and to the great dissatisfaction of 
 
168 
 
 appendix, the said Indians In order therefore to prevent such irregularities for the future and to- 
 No. 17. ^g cn( j t] la t the Indians may be convinced of our Justice and determined Resolution 
 
 Boyâ Pmeiama- to remove all reasonable cause of Discontent we do with the advice of our Privy Coun- 
 
 ■ luu.— Oct.:, iTia. .... j i i_ 
 
 cil strictly enjoin and require that no private person do presume to make any purchase 
 
 from the said Indians of any lands reserved to the said Indians within those parts of our 
 Colonies where we have thought proper to allow settlement but that if at any time 
 any of the said Indians should be inclined to dispose of the said Lands the same 
 shall be purchased only for us in our name at some public Meeting or Assembly of 
 the said Indians to be held for that purpose by the Governor or Commander in Chief 
 of our Colonies respectively within which they shall lie within the limits of any 
 proprietary Government they shall be purchased only for the use and in the name of 
 such proprietaries conformable to such Directions and Instructions as we or they shall 
 think proper to give for that purpose and we do by the advice of our Privy Council 
 declare and enjoin that the Trade ivith the said Indians shall be free and open to 
 all our Subjects whatever Provided that every person ivho may i?icline to Trade 
 with the said Indians do take oat a licence for carrying on said trade from the 
 Governor or Commander in Chief of any of our Colonies respectively where such 
 persons shall reside and also give security to observe such Regulations as we shall at 
 any time think fit by ourselves or by our Commissioners to be appointed for this pur- 
 pose to direct and appoint for the benefit of the said Trade and we do hereby autho- 
 rize enjoin and require the Governors and Commanders in Chief of all our Colonies 
 respectively as well those under our immediate Government as those under the Go- 
 vernment and direction of proprietaries to grant such Licences without fee or Reward 
 taking especial care to insert therein a condition that such Licence shall be void and 
 the security forfeited in case the person to whom the same is granted shall refuse or 
 neglect to observe such Regulations as we shall think proper to prescribe as aforesaid. 
 And we do further expressly enjoin and require all Officers whatever as well Mili- 
 tary as those employed in the management and direction of Indian Affairs within the 
 Territories reserved as aforesaid for the use of the said Indians to seize and apprehend 
 til persons whatever who standing charged with Treasons Misprision of Treason Mur- 
 der or other Felonies or Misdemeanors shall fly from Justice and take refuge in the 
 said Territory and to send them under a proper guard to the Colony where the crime 
 was committed of which they stand accused in order to take their Tryal for the same, 
 (liven at our Court at St. James's the seventh day of October one thousand seven hun- 
 dred and sixty-three in the third year of our Reign. 
 
 God save the King. 
 This is a true copy from the original Record remaining in the Chapel of the Rolls x 
 
 having been examined. 
 
 JOHN KIPLING 
 
APPENDIX, No. XVIII. 
 
 ACT OF BRITISH PARLIAMENT 
 
 ENTITLID 
 
 *.$n Act for making more effectual provision for the Government of the Province 
 
 of Quebec, in North America. " 
 
 14 GEO. III. Cap. 83. 1774. 
 
 ATT ACT 
 
 FOR MAKING MORE EFFECTUAT. PtîOVISION FOR THE GOVERNMENT OF THE 
 PROVINCE OF QUEBEC, IN NORTH AMERICA. 
 
 ********** 
 
 Be it enacted by the King's most excellent Majesty, by and with the advice and appendix. 
 consent of the lords spiritual and temporal, and commons, in this present parliament Na 18 - 
 assembled, and by the authority of the same, That all the territories, islands and coun- Briiish An mak- 
 tries in North America, belonging 'o the crown of Great Britain, bounded on the *fionfor°he gch 
 Squth by a line from the buy of Chaleurs, along the highlands which divide blé"— 1774? Qa ^ 
 
 THE RIVERS THAT EMPTY THEMSELVES INTO THE RIVER St. LAWRENCE FROM THOSE 
 
 which pall into the Sea, to a point in forty five degrees oj 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: from thence up the eastern bank of the said river to the lake Ontario: thence 
 through the lake Ontario, and the River commonly called Niagara, and thence along 
 by the eastern and south-eastern bank of lake Erie, following the said bank, until the 
 same shall be intersected by the northern boundary, granted by the Charter of the 
 Province of Pennsylvania, in case the same shall lie so intersected: and from thence 
 along the said northern and western boundaries of the said province, until the said 
 western boundary strike the Ohio; but in case the saiil bank of the said lake shall not 
 be found to be so intersected, then following the said bank until it shall arrive at that 
 point of the said bank which shall be nearest to the north-western angle of the said Pro- 
 vince of Pennsylvania; and thence, by a right line, to the said north-western angle of 
 the said province; and thence along the western boundary of the said province, until 
 it strike the river Ohio; and along the bank of the said river, westward, to the banks 
 of the Mississippi, and northward to the southern boundary of the territory granted to 
 the merchants adventurers of England, trading to Hudson's Bay.; and, also, all such 
 territories, islands, and countries which have, since the tenth of February, one thousand 
 seven hundred and sixty-three, been made part of the Government of New foundland, 
 be, and they are hereby during his Majesty's pleasure, annexed to, and made part and 
 parcel of the Province of Quebec, as created an>l established by the said royal procla- 
 mation of the seventh of October, one thousand seven hundred and sixty three. 
 
 2. Provided always, that nothing licrehi contained relative to the boundary of the 
 Province of Quebec, shall in any wise affect the boundaries of any other colony. 
 43* 
 
APPENDIX, No. XIX. 
 
 LETTER 
 
 TQ 
 
 FRANCIS BERNARD, Esq. GOVERNOR OF THE MASSACHUSETTS BAY. 
 
 MARCH 11, 1763, 
 
 Whitehall, March 11, 1763. 
 
 appendix. We have taken into our consideration your Letter to our Secretary dated the first 
 
 No ' 19, of December, and the several Papers which you have addressed to the Board, relative 
 
 Letter imm the to the Grant of the Island of Mount Desart, which the General Court of Massachu- 
 
 Hoard of Trade to . ,1.1 1 T 1 1 r-en 
 
 p. Bernard -mti setts is represented to have made to you in July 1 162. 
 
 We can have no objection to your acceptance of this Grant as a testimony of the 
 approbation and favor of that Province in whose service, and in the conduct of whose 
 affairs, you have manifested so much zeal and capacity, nor should we have delayed 
 our representation upon to the Crown, if the deed itself had been before us. You are 
 sensible there are some circumstances peculiar to the situation of this Tract of Coun- 
 try, which make it necessary to consider both the case itself, and the manner of car- 
 rying such a Grant into execution. When we shall be actually in possession of the 
 Grant, we will bring the matter to issue with all possible dispatch, and endeavour to 
 decide whatever questions arise upon it, in a manner which shall be agreeable and 
 upon grounds which shall be just to all parties concerned. 
 
 // may be proper to observe to you that the doubt conceived upon the claim 
 of the Province of Massachusetts, is not found upon the allegation that the 
 lands to the East of Penobscot were not in the possession of the Crown, at the 
 time of granting the Charter, but upon the operation ivhich the Treatys of Ris- 
 wich 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 attorney and Solicitor General in 1731; this is a delicate point, ivhich should 
 be reserved till the deed shall come regularly before us, and in the mean time we 
 cannot think it expedient to advise any conditional Grant whatever of this Island. 
 
 We are your most obedient humble servants, 
 
 C. TOWNSHEND, 
 SOAME JENYNS, 
 ED. BACON, 
 ORWELL. 
 
 Francis Bernard, Esq. Governor of the Massachusetts Bay. 
 
171 
 
 Commonwealth op Massachusetts, appendix. 
 Secretary's Office. No - ly - 
 
 I hereby Certify, that the foregoing is a true Copy of Record as existing in this Letter from the 
 
 f^rc Boa id uf Trade 10 
 
 Utnce: F. Bernard.— 11th 
 
 In testimony of which, I have hereunto affixed the Seal of the said Com- 
 monwealth in my custody and possession this twentieth day of Septem- 
 [l. s.] ber, in the year of our Lord one thousand eight hundred and twenty- 
 eight, and of the Independence of the United States of America the 
 fifty-third. 
 
 EDWARD D. BANGS, 
 Secretary of the Commonwealth. 
 
APPENDIX, No. XX. 
 
 COPY OF A LETTER 
 
 FItOM THE 
 
 AGENT OF THE PliOVINCE OF MASSACHUSETTS BAY 
 
 TO 
 
 THE SECRETARY OF SAID PROVINCE. 
 
 LONDON, 9TH JUNE, 1764. 
 
 London, 9th June, 1764. 
 Sir: 
 appendix. It is with pleasure that I now write to inform the General Court, that their seve- 
 
 No ' 20 ' ral Grants of Lands to the East of Penobscot are in a fair way of being confirmed. 
 Letter from Jaspei Mr. Jackson and I have sought all opportunities of bringing this business for- 
 treiaryoi'tiieVro -ward : but the Board of Trade has been so much engaged that they could not before 
 
 vince of Massa- _ , f*ijv--,ii*/«i* • • i r 
 
 chusetts Bay.— 9th attend to it. In the course of the aflair the chiei things insisted on were: that the Lords, 
 notwithstanding the opinion formerly given, are still disposed to think the right 
 of the Province doubtful as to lands be/ween Penobscot and St Croix because the 
 case was misstated to the Attorney and Solicitor General, and that, whatever be the 
 determination on this head, yet the Lords think, that the Province can claim no 
 right to the Lands on the River St. Lawrence: because the bounds of the Charter 
 are from Nova Scotia to the River Sagadahock; so that this right cannot extend above 
 the head of that River. That however if the Province will pass an act empowering 
 their Jlgent to cede to the Crown all pretence of right or title, they may claim un- 
 der their Charter, to the lands on the River St. Lawrence, destined by the Royal 
 Proclamation to form part of the Government of Quebec; the C r own iinll then wave 
 all further dispute concerning the lands as far as St. Croix, and from the Sea 
 Coast of the Bay of Fundy, to the bounds of the Province of Quebec: reserving on- 
 ly to itself the right of approbation, as before. Mr Jackson and I were both of us of 
 opinion that the narrow tract of land, which lies beyond the sources of all your 
 Rivers, and is watered by those which run into the river op St Lawrence, 
 eou/d not be an object of any great consequence to you, though it is absolutely 
 necessary to the Crown, to preserve the continuity of the Government of Quebec 
 and that therefore it could not be for your interest to have the confirmation of those 
 grants retarded upon that account. It was therefore previously agreed between us; 
 and accordingly upon my next attendance at the Board, when Lord Hilsborough asked 
 me if I had any authority from the Province relative to the lands upon the south of the 
 River St. Lawrence, I answered that I had no instructions relative to that particular 
 part; hut that as I was very desirous of having the Provinces Giants confirmed, I was 
 ready to engage myself thus far for the Province: that if the Grants might be confirm- 
 ed, such confirmation should not be pleaded in prejudice of the King's rights to the 
 Country contiguous to the River St. Lawrence, which by the Royal Proclamation 
 makes a part of the Canadian Government. 
 
173 
 
 I hope that the General Court will not think that I have herein departed from or appendix. 
 mistaken their interest. It appeared to me, that though the Duke of York's original * No 20 " 
 patent extended to the River of Canada northward, yet that that was mentioned rather Letter from Jas 
 to preserve the National claim, than as intended by the Crown to be of force against it- secretary""!- !^ 
 self; that a country which lies so remote, and whose rivers run still farther from you sàciniseits°Bay?- 
 
 i r o t ii*ii 11 i . . . '.'til June, 1764. 
 
 into that ol St. Lawrence, could neither be settled nor retained by you: that the ob- 
 taining a confirmation of the lands you c'aim, upon a consideration given, renders the 
 Clown's acknowledgment of your tit le so much the more solemn and irrevocable, and 
 that the Province hereby gained a merit with the Crown at no real expenseof its own. 
 In this whoie affair Mr. Jackson and I have acted in concert. But as the Grants were 
 sent to him, he will write to you more particularly upon the subject 
 
 I am with the highest respect, 
 
 Sir, your most obedient humble servant, 
 
 JASPER MAUD LIT, 
 
 To the Great and General Court. 
 
 Commonwealth of Massachusetts, 
 
 Secretary's Office. 
 
 I hereby certify that the foregoing is a true copy of a letter, on file in this Office, 
 from the Agent of the Province of Massachusetts Bay to the Secretary of said Pro- 
 vince, and which is also recorded at length in the Records of this Department. 
 
 In testimony of which, I htive hereunto affixed the Seal of the said Com- 
 monwealth in my custody and possession, this twenty-sixth day of Sep- 
 [l. s.] tember, in the year of our Lord one thousand eight hundred and twen- 
 ty-eight and of the Independence of the United States of America the 
 
 fifty-third. 
 
 EDWARD D. BANGS, 
 
 Secretary of the Commonwealth. 
 
 ■44" 
 
 :' 
 
APPENDIX No. XXI. 
 
 COMMISSIONS 
 
 OF THE 
 
 GOVERNORS AND OTHER PERSONS 
 
 ADMINISTERING 
 
 THE GOVERNMENT OF THE PROVINCE OF QUEBEC, 
 
 viz: 
 
 .lames Murray, Esquire '&>• 
 
 Guy Oarleton, Esquire ' '• 
 
 Guy Carleton, Esquire *"* 
 
 Frederick Haldimand, Esquire *"'■ 
 
 Sir Guy Carleton, K. B ua0 - 
 
 coivnvnssioN to jaivies Murray, esquebe, 
 
 AS CAPTAIN-GENERAL AND GOVERNOR-IN-CHIEF OF QUEBEC, 21ST NOVEMBER, 
 
 4 GEO: III. 1763. 
 
 First Part of Patents in the fourth year of King George the Third 
 
 James Murray Esq. Governor of Quebec 
 
 Appendix. George the Third by the Grace of God of Great Britain France and Ireland King 
 
 No. 21. defender of the faith &c to our trusty and welbeloved James Murray Esquire greet- 
 
 inff wee renosins especial trust and confidence in the prudence courage and loyalty of 
 
 Commissions ol oral . 
 
 ô* e tSePov" rS cfcfy ou tne sa ' c ' J ames Murray of our especial grace certain knowledge and meer motion 
 
 Quebec. have thought fit to constitute and appoint and by these presents do constitute and ap- 
 
 y ':M\\T y \-M'}' point you the suit/ James Murray to be our captain general and Governor in chief 
 in and over our province in America bounded on the Labrador coast by the river 
 St John and from thence by a line drawn from the head of that river through the Lake 
 St John to the Southend of lake Nipissin from ivhence the said line crossing the 
 river St Lawrence and the Lake Chan/plain in forty five degrees of Northern lati- 
 tude passes along the high lands which divide the rivers that empty themselves 
 into the said river St Lawrence from those which fall into the Sea and also along 
 the North coast of the Bay des Chaleiws and the coast of the Gulph of St Lawrence 
 to Cape Rosières and from thence crossing the mouth of the river St Lawrence by 
 the West end of the Island of Jinlicosti Terminates at the aforesaid river of St 
 Johns together with all the rights members and appurtenances whatsoever thereunto 
 belonging and we do hereby require and command you to do and execute all things 
 in due manner that shall belong to your said command and the trust we have reposed 
 
175 
 
 y 
 
 in you according to the several powers and directions granted or appointed you b Jlppauli.i . 
 
 this present commission and the instructions anil authorities herewith given unto you IVo ' 
 
 or by such further powers instructions and authorities as shall at any time hereafter coi issions of 
 
 , .1 • t i i • i • a* l i i ■ lliefiovernors.&c. 
 
 be granted or appointed you under our signet and sign Manual or by our order in our oi n.e Provinceoi 
 
 i. 1 I ]t ' I in 
 
 privy council and according to such reasonable laws and statutes as shall hereafter be 
 
 ..... r . Jos Murray, Esq. 
 
 made and agreed upon by you with the advice and consent of the council and Assem- sisi Nov. no:i. 
 bly of our said province under jour government in such manner and form as is herein- 
 after expressed and our will and pleasure is that you the said James Murray do after 
 the publication of these our letters patent and after the appointment of our council for 
 our said province in such manner and form as is prescribed in the instructions which 
 you will herewith receive in the first place take the Oaths appointed to be taken by an 
 Act passed in the first year of the Reign of King George the first intituled (an Act for 
 the further security of his Majesty's person and Government and the succession of the 
 crown in the Heirs of the late princess Sophia being Protestants and for extinguishing 
 the hopes of the pretended prince of Wales and his open and secret Abettors) as also 
 that you make and subscribe the declaration mentioned in an Act of parliament 
 made in the twenty fifth year of the Reign of King Charles the second intituled [an 
 act for preventing dangers which may happen from popish Recusants] and likewise 
 that you take the Oath usually taken by Governors in Other Colonies for the due exe- 
 cution of the Office and trust of our Captain General and Governor in chief in and 
 over our said Province and for the due and impartial administration of Justice And fur- 
 ther that you take the Oath required to be taken by Governors of the plantations to do 
 their utmost that the several laws relating to trade and the plantations be duly ob- 
 served which said Oaths and declaration our council of Our said Province or any 
 three of the members thereof have hereby full power and authority and are required 
 to tender and administer to you all which being duly performed you shall yourself ad- 
 minister to each of the members of our said council and to the lieutenant Governors 
 of Montreal and Trois Rivieres the said Oaths mentioned in the said Act entituled [an 
 Act for the further security of his Majestys person and government and the suc- 
 cession of the Crown in the Heirs of the late Princess Sophia being protestants and for 
 extinguishing the hopes of the pretended prince of Wales and his open and secret 
 Abettors] as also cause them to make and subscribe the aforementioned declaration anil 
 to administer unto them the usual Oaths for the due execution of their places and 
 trusts And wee do further give and grant unto you the said James Murray full power 
 and authority from time to time and at any time hereafter by yourself or by any other 
 to be authorized by you in this behalf to administer and give the Oaths mentioned in 
 the said Act for the further security of his Majestys Person and government and the 
 succession of the crown in the Heirs of the late Princess Sophia being protestants and 
 for extinguishing the hopes of the pretended Prince of Wales and his open and secret 
 abettors to all and every such person and persons as you shall think lit who shall at 
 any time pass into our said province or shall be resident or abiding there and we do 
 hereby authorize and empower you to keep and use the public Seal which will 
 herewith be delivered toyouorshall be hereafter sent to you forseahng all things what- 
 soever that shall pass the great Seal of our said province And wee do hereby give and 
 grant unto you the said James Murray full power and authority with the advice and 
 consent of our said council to be appointed as aforesaid so soon as the situation and cir- 
 cumstances of Our province under your government will admit thereof and when and 
 as need shall require to summon and call general Assemblys of the freeholders and 
 planters within your government in such manner as you in your discretion shall judge 
 most proper or according to such further powers instructions and authorities as shall 
 be at any time hereafter granted or appointed you under our Signet and sign Manual 
 or by our Order in Our privy council And Our will and pleasure is that the persons 
 
176 
 
 , appendix, thereupon duly elected by the Major part of the freeholders of the respective parishes 
 No. 21. ()r precincts and so returned shad before their sitting take the Oaths mentioned in the 
 
 toZiZIo said Act entituled (an Act for the further security of his Majesty's person and govern- 
 
 ,;;,„;;',, ment and the succession of the crown in the Heirs of the late Princess Sophia being 
 Q ' protestants and for extinguishing the hopes of the pretended prince of Wales and his 
 
 ' i-t'.v,* 'i;';;).' 1 open and secret Abettors) as also make and subscribe the foremenlioned declaration 
 which Oaths and declaration you shall commissionate lit persons under the public Seal 
 of that our province to tender and administer unto them and until the same shall be 
 so taken and subscribed no person shall be capable of sitting though elected and we do 
 hereby declare that the persons so elected and qualified shall be called and deemed 
 the assembly of that our province of Quebec and that you the said James Murray by 
 and with the advice and consent of our said council and assembly or the Major part 
 of them shall have full power and authority to make constitute and Ordain Laws Sta- 
 tutes and Ordinances for the public peace welfare and good government of our said 
 province and of the people and inhabitants thereof and such others as shall resort there- 
 unto and for the benefit of us our Heirs and successors which said laws statutes and 
 ordinances are not to be repugnant but as near as may be agreeable to the laws and 
 statutes of this our kingdom of great Britain provided that all such Laws statutes and 
 ordinances of what nature or duration soever be within three months or sooner after 
 the making thereof transmitted to us under Our Seal of our said province for our ap- 
 probation or disallowance of the same as also duplicates thereof by the next convey- 
 ance and in case any or all of the said Laws statutes and ordinances not before con- 
 firmed by us shall at any time be disallowed and not approved and so signified by us 
 our Heirs and successors under our or their Signet and sign manual or by Order of 
 our or their privy council unto you the said James Murray or to the commander in 
 chief of our said province for the time being then such and so many of the said laws 
 statutes and ordinances as shall be so disallowed and not approved shall from, 
 thenceforth cease determine and become utterly void and of no effect any thing to the 
 contrary thereof notwithstanding And to the end that nothing may be passed or done 
 by our said council or assembly to the prejudice of us our Heirs and successors we 
 will and ordain that you the said James Murray shall have and enjoy a negative voice 
 in the making and passing of all laws statutes and ordinances as aforesaid and that you 
 shall and may likewise from time to time as you shall Judge necesssary adjourn pro- 
 rogue or dissolve all general assemblys as aforesaid And wee do by these presents 
 give and grant unto you the said James Murray full power and authority with the ad- 
 vice and consent of our said council to erect constitute and establish such and so many 
 Courts of Judicature and public Justice within our said province under your govern- 
 ment as you and they shall think fit and necessary for the hearing and determining 
 of all causes as well criminal as civil according to law and equity and for awarding 
 execution thereupon with all reasonable and necessary powers authorities fees and 
 privileges belonging thereunto as also to appoint and commissionate fit persons in the 
 several parts of your government to administer the Oaths mentioned in the aforesaid 
 Act intituled (an act for the further security of his Majestys person and government 
 and the succession of the crown in the Heirs of the late Princess Sophia being protes- 
 tants and for extinguishing the hopes of the pretended prince of Wales and his open 
 and secret Abettors) as also to tender and administer the aforesaid declaration to such 
 persons belonging to the said courts as shall he obliged to take the same And wee do 
 hereby grant unto you full power and authority to constitute and appoint Judges and 
 in cases requisite commissioners of oyer and terminer justices of the peace sheriffs and 
 other necessary officers and ministers in our said province for the better administrât 
 tio'i of justice and putting the laws in execution and to administer or cause to be ad- 
 ministered unto them such Oath or Oaths as are usually given for the due execution 
 
177 
 
 and performance of offices and places and for Ike clearing of truth in judicial causes Jlppendix. 
 
 and we do hereby give and grant unto you full power and authority where you shall 
 
 see cause or shall judge any Offender or Offenders in criminal matters or fur any lines rommissions oi 
 
 Ihe Governors* &r 
 
 or forfeitures due unto us fit objects of our mercy to pardon all such offenders and re- of the Provint» of 
 
 J Quebec, 
 
 mit all such offences fines and forfeitures (treason and wilful murder only excepted) 
 
 v * * ' Jas, MniT.iy, Esq. 
 
 in which cases you shall likewise have power upon extraordinary occasions to grant 2istNov.i703. 
 reprieves to the offender until and to the intent our royal pleasure may be known 
 therein And wee do by these presents give and grant unto you full power and authority 
 to collate any person or persons to any churches chapels or other Ecclesiastical bene- 
 fices within our said province as often as any of them shall happen to be void and wee 
 do hereby give and grant unto you the said James Murray by yourself or by your 
 captains and commanders by you to be authorized full power and authority to levy 
 arm muster Command and employ all persons whatsoever residing within our said 
 province and as occasion shall serve them to march embark or transport from one 
 place to another for the resisting and withstanding of all enemies pirates aud rebels 
 both at land and Sea and to transport such forces to any of our plantations in America 
 if necessity shall require for defence of the same against the invasion or attempts of 
 any of our enemies and such enemies pirates and rebels if there shall be occasion to 
 pursue and prosecute in or out of the limits of our said province and if it shall so 
 please God them to vanquish apprehend and take and being taken according to law to 
 put to death or keep and preserve alive at your discretion and to execute martial law 
 in time o! invasion war or other times when by law it may be executed and to do and 
 execute all and every other thing ami things which to our captain general and Governor 
 in chief doth or of right ought to belong ami we do hereby give and grant unto you 
 full power and authority by and with the advice and consent of our said council to erect 
 raise and build in our said province such and so many Forts platforms castles cities 
 boroughs Towns and fortifications as you by the advice aforesaid shall judge necessary 
 and the same or any of them to fortify and furnish with ordnance ammunition and all 
 sorts of arms fit and necessary for the security and defence of our said province and by 
 the advice aforesaid the same again or any of them to demolish or dismantle as may be 
 most convenient and forasmuch as divers mutinies and disorders may happen from 
 persons shipped and employed at Sea during the time of war and to the end that such 
 as shall be shipped and employed at Sea during the time of war ma)- be better govern- 
 ed and ordered we do hereby give and grant unto you the said James Murray full 
 power and authority to constitute and appoint captains lieutenants masters of Ships 
 and other commanders and officers and to grant to such captains lieutenants mas- 
 ters of ships and other commanders and officers commissions to execute the 
 law Martial during the time of war according to the directions of an act pas- 
 sed in the twenty-second year of the reign of our late Royal Grandfather entituled 
 [an Act tor amending explaining and reducing into one act of Parliament the 
 laws relating to the Government of his Majestys Ships vessels and forces by Sea 
 and to use such proceedings authorities punishment corrections and executions 
 upon any offender or Offenders who shall be mutinous seditious disorderly or 
 any way unruly either at Sea or dining the time of their abode or residence 
 in any of the Ports Harbours or Hays in our said province as the case shall be 
 found to require according to Martial Law and the said directions during the time of 
 war as aforesaid provided that nothing herein contained shall be construed to the 
 enablir." you or any by your authority to hold plea or have any jurisdiction of any offence 
 cause matter or thing committed or done upon the high Sea or within any of the 
 havens rivers or creeks of our said province under your government by any captain 
 commander Lieutenant Master Officer Seaman Soldier or person whatsoever who shall 
 be in actual service and pay in or on board any of our ships of war or Other vessels 
 acting.by immediate commission or warrant from our commissioners for executing the 
 45* 
 
17S 
 
 Appendix. Office of our high Admiral of Great Britain or from our high Admiral ef great Bri- 
 No.21. ta j n |- or tne t i me being under the Seal of our Admiralty but that such captain com- 
 (l „^ir,„. ,„ mander Lieutenant Master Officer Seaman soldier or Other person so offending shall be 
 * e ttetortS , «3 left lo be proceeded against and tried as their Offences shall require either by commission 
 under Our great Seal of this Kingdom as the statute of the twenty eighth of Henry the 
 ,B !iMNw! y i763? Eighth directs or by commission from our said Commissioners for executing the Office of 
 hi°-h admiral of great Britain or from our high admiral of great Britain for the time being 
 accordino- to theafore mentioned Act intituled [an Act for amending explaining and redu- 
 cing into one Act of Parliament the Laws relating to the Government of his Majestys 
 Ships vessels and Forces by Sea] and not Otherwise provided nevertheless that all disor- 
 ders and misdemeanors committed on shore by any captain commander lieutenant Master 
 Officer Seaman Soldier or Other person whatsoever belonging to any of our Ships of 
 war or Other vessels acting by immediate commission or warrant from Our commis- 
 sioners for executing the Office of High Admiral of Great Britain or from our High Ad- 
 miral of Great Britain for the time being under the Seal.of Our Admiralty may be tried 
 and punished according to the laws of the place when any such disorders Offences and 
 misdemeanors shall be committed on shore notwithstanding such Offender be in Our 
 actual service and borne in our pay on hoard any such Our ships of war or Other Ves- 
 sels aclino- by immediate commission or warrant from Our commissioners for execut- 
 ing the Office of High Admiral of Great Britain or from our High Admiral of Great 
 Britain for the time being as aforesaid so as he shall not receive any protection for the 
 avoiding of justice for such Offences committed on Shore from any pretence of his be- 
 ing employed in our service at Sea And our further will and pleasure is that all pub- 
 lic monies raised or which shall be raised by any Act hereafter to be made within our 
 said province be issued out by Warrant from you by and with the advice and consent 
 of our council as aforesaid for the support of the government and not Otherwise and 
 we likewise give and grant unto you full power and authority by and with the advice 
 and consent of our said council to settle and agree with the inhabitants of our said 
 province for such lands tenements and Hereditaments as now are or hereafter shall be 
 in our power to dispose of and them to grant to any person or persons upon such terms 
 and under such moderate quit rents services and acknowledgments to be thereupon 
 reserved unto us as you with the advice aforesaid shall think fit which said grants 
 are to pass and be sealed by our public Seal of our said province and being entered upon 
 record by such Officer or Officers as shall be appointed thereunto shall be good and effec- 
 tual in law against us our Heirs and successors provided that the same be made coulorma- 
 ble to the instructions herewith delivered to you or to such Other instructions as 
 may hcixafter be sent to you under our signet and sign Manual or by our Order in Our 
 privy council which instructions or any articles contained therein or any such Order 
 made in Our privy council so far as the same shall relate to the granting of lands as 
 aforesaid shall from time to time he published in the province and entered of record in 
 like manner as the said grants themselves are hereby directed to be entered and we 
 do hereby give you the said James Murray full power and authority to Order and Ap- 
 point fairs Marts and Markets as also such and so many ports Harbouis Bays Havens 
 and Other places for the conveniency and security of Shipping andJbr the better load- 
 ing and unloading of goods and merchandizes in such and so many places as by and 
 with the advice and consent of our said council shall be thought fit and necessary and 
 we do hereby require andcommand all Officers ami Ministers civil and Military and all 
 Other inhabitants of Our said province to be Obedient aiding and assisting unto you the 
 said James Murray in the execution ol this Our commission and of the powers and au- 
 thorities therein contained and in case of your death or absence from our said province 
 and government to be Obedient aiding and assisting as aforesaid to the commander in 
 chief for the time being; to whom we do therefore by these presents give and grant all 
 and singular the powers and authorities herein granted to be by him executed and en- 
 
179 
 
 joyed during our pleasure or until your arrival within Our said province and in ease Appendix. 
 
 of your death or absence from Our said Province our will anil pleasure is that our 
 
 Lieutenant Governor of Montreal or Trois Rivieres according to the priority of tin ir Commission 
 
 " ' J the Govern !t< 
 
 commissions of Lieutenant governors do execute our said commission with all the"' ''"' >'""■">>■<- >■> 
 
 ~ tin* her. 
 
 powers and authorities therein mentioned as aforesaid And in case of the death or , „ — ,. 
 absence of our Lieutenant Governors of Montreal and Trois Rivieres from our said -'"■ N,n - '•'•' l 
 province and there be no person within our said Province appointed by us to be 
 Lieutenant governor or commander in chief of our said province Our will and 
 pleasure is that the eldest councillor who shall be at the time of your death 
 or absence residing within our said province shall take upon him the adminis- 
 tration of the government and execute our said commission and instructions and 
 the several powers and authorities therein contained in the same manner and to all in- 
 tents and purposes as other our governor or commander in chief should or ought to do 
 in case of your absence or until your return or in all cases until our further pleasure be 
 known therein and wedo hereby declare ordain and appoint thatyou the said James Mur- 
 ray shall and may hold execute and enjoy the Office and place of our captain general 
 and governor in chief in and over our said province of Quebec and all the territories 
 dependant thereon with all and singular the powers and authorities hereby granted 
 unto you for and during our will and pleasure in witness &c witness ourself at West- 
 minster the twenty first day of November 
 
 By Writt of Privy Seal 
 
 This is a true Copy from the Original Record remaining in the Chapel of the Rolls, 
 
 having been examined. 
 
 JOHN KIPLING. 
 
 C02VHVHS3I037 TO GU"3f CARLF.TCET, ESQUIHE, 
 
 AS 
 
 CAPTAIN-GENERAL AND GOVERNOR-IN-CHIEF OF QUEBEC, 12T1I APRIL, S GEO: III. 1767. 
 
 Third part of Patents in the eighth year of King George the Third 
 
 Gut Carleton Esquire Governor of Quebec 
 
 George the Third by the Grace of God of Great Britain France and Ireland King ^^» 11 ^ 
 Defender of the Faith and so forth To our trusty and well beloved Guy Carleton Es- 
 quire greeting whereas wee did by our letters patent under Our Great Seal of Great 
 Britain bearing date at Westminster the twenty-first day of November in the fourth 
 year of our Reign constitute and appoint James Murray Esquire to be our Cap- 
 tain General and Governor in Chief in and over our Province of Quebeck in Ameri- 
 ca bounded on the Labrador Coast by the river Saint John and from thence by a line 
 drawn from the Head of that River through the Lake of St. John to the South end of 
 Lake Nipissin from whence the said line crossing the river Saint Lawrence and the 
 Lake Champlain in forty -five degrees of northern Latitu le passes along the High 
 Lands which divide the Rivers that empty themselves into the said River Saint 
 Lawrence from those which full into the Sea and also along the North Coast of the 
 Bay des Chaleurs and the const of the Gulph of Saint Lawrence to Cape Rozieurcs and 
 from thence crossing the Mouth of the River Saint Lawrence by the west end of 
 the Island of Antieosti terminates at the aforesaid river of St. John together with all 
 the Rights Members and appurts whatsoever thereunto belonging for and during our 
 will anil pleasure as by the said recited Letters patent Relation being thereunto had 
 may more fully and at large appear Now know you that wee have revoked and deter- 
 mined And by these presents Do revoke and determine the said Letters patent and 
 
ISO 
 
 Appendix, every clause article and thing; therein contained And farther know you that we re. 
 
 No - JL posing especial trust and confidence in the prudence courage and Loyalty of you the 
 
 Cou^ii^Mofsaid Guy Carleton of our especial Grace certain knowledge and meer motion have 
 
 %£!$£!££« thought fit to constitute and appoint And by these presents Do constitute and appoint 
 
 you the said Guy Carleton to be our Captain General and Governor in Chief in 
 
 ''"■■i! '\','.ni]''i^V'' and over our Province of Quebec in America bounded on the Labrador coast by the 
 
 River St. John and from thence by a line drawn through the head of that river through 
 
 the Lake Saint John to the south end of Lake Nipis&in from whence the said line 
 
 crossing the river St. Lawrence and the Lake Champlain in forty-five degrees of 
 
 northern latitude passes along the High Lands which divide the r'vers that 
 
 EMPTY THEMSELVES INTO THE SAID RIVER St. LAWRENCE FROM THOSE WHICH FALL 
 
 into the sea and also along the north coast of the Bay des Chaleurs and the coast 
 of the Gulph of St. Lawrence to Cape Rosières and from thence crossing the mouth 
 of the river St Lawrence by the west end of the Island of Anticosti terminates at the 
 aforesaid river of St. John together with the rights members and appurts whatsoever 
 thereunto belon^iii" - And wee do hereby require and command you to do and execute 
 all things in due manner that shall belong to your said Command and the trust wee 
 have reposed in you according to the several powers and directions granted or ap- 
 pointed you by this present Commission and the instructions and authorities herewith 
 given unto you or by such further powers Instructions and authorities as shall at anytime 
 hereafter be granted or appointed you under our Signet and Sign Mannal or by our or- 
 der in our privy council and according to such reasonable Laws and Statutes as shall 
 hereafter be made and agreed upon by you with the advice and consent of the Council 
 and Assembly of our said Province under your Government in such manner and form 
 as is hereafter expressed And Our will and pleasure is that you the said Guy Carle- 
 ton do after the publication of these Our Letters patent in such manner and form as 
 is prescribed in the Instructions which you will herewith receive in the first place take 
 the Oaths appointed to be taken by an Act passed in the first year of the Reign of 
 King George the First Intitled An act for the further Security of His Majesty s per- 
 son and Government and the Succession of the Crown in the heirs of the late Princess 
 Sopliia being Protestants and for extinguishing the hopes of the pretended Prince of 
 Wales and his open and secret abettors And by an Act passed in the sixth year of our 
 reign Intitled an act for altering the Oath of Abjuration and the assurance and for 
 amending so much of an Act of the seventh year of her late Majesty Queen Ann In- 
 titled an act for the improvement of the union of the two kingdoms as after the time 
 therein limited requires the delivery of certain Lists and Copies therein mentioned to 
 persons Indicted of High Treason or Misprision of Treason and also that you make 
 anil subscribe the Declaration mentioned in an act of parliament made in the twenty- 
 filth year of the Reign of King Charles the second Intitled an act for preventing Dan~^ 
 gers which may happen from Popish Recusants and likewise that you take the Oath 
 usually taken by Governors in other colonies for the due execution of the oflice and 
 trust of our Captain General and Governor in Chief in and over our said province and 
 for the due and impartial Administration ot justice And further that you take the oath 
 required to be taken by Governors of plantations to do their utmost that the several 
 Laws relating to Trade and the plantations be duly observed which said Oaths and 
 Declaration our Council of our said province or any three of the members thereof have 
 hereby lull power and authority and are hereby required to tender and administer to 
 you all which being duly performed you shall yourself administer to each of the Mem- 
 bers of our said Council the said Oaths mentioned in the said Acts Intitled an Act for 
 the further security of His Majestys person and Government and the succession of 
 the Crown in the Heirs of the late Princess Sophia being protestants and for extin- 
 guishing the hopes of the pretended Prince of VS u.es and his open and secret abettors and 
 An Act for Altering the Oath of Abjuration and the Assurance and for amending so 
 
1S1 
 
 much of an act of the seventh year of her late Majesty Queen Ann Intitled (An act Jlppendix. 
 for the improvement of the unions of the two Kingdoms as after the time therein limit- No- 21- 
 ted requires the delivery of certain Lists and Copies therein mentioned to persons in- commissions of 
 dieted of High Treason and misprision of Treason as also cause them to make and sub- the Province of 
 scribe the afore-mentioned Declaration and to administer unto them the usual oaths for 
 
 <5uyCiirlelon,E«l. 
 
 the due execution of their places and Trusts And wee do further give and grant unto i-u> Apr», mt. 
 you the said Guy Carleton full power and authority from time to time and at any time 
 hereafter by yourself or by any other to be authorized by you in this behalf to admin- 
 ister and give the oaths mentioned in the Acts Intitled (An act for the further securi- 
 ty of His Majestys person and Government and the succession of the Crown in the 
 Heirs of the late princess Sophia being protestants and for extinguishing the hopes of 
 the pretended Prince of Wales and his open and secret abettors and an act for alter- 
 in^ the Oath of Abjuration and the assurance and for amending so much of an Act of 
 the seventh year of her late Majesty Queen Anne Intitled (An act for the improve- 
 ment of the Union of the two Kingdoms as after the time therein limitted requires the 
 delivery of certain Lists and Copies therein mentioned to persons Indicted of High 
 Treason or Misprision of Treason to all and every such person and persons as you 
 shall think fit who shall at any time or times pass into our said Province as shall be 
 resident or abiding there And we do hereby authorize and empower you to keep and 
 use the public Seal of our Province of Quebec for sealing all things whatsoever that 
 shall pass the Great seal of our said province And wee do hereby give and grant unto 
 you the said Guy Carleton full power and authority with the advice and consent of our 
 said Council as soon as the situation and circumstances of our province under your 
 Government will admit thereof and when and so often as need shall require to sum- 
 mon and call general assemblies of the Freeholders and planters within your Govern- 
 ment as you in your discretion shall judge most proper or according to such further 
 powers instructions and authorities as shall be at any time hereafter granted or appoint- 
 ed you under our signet and sign manual or by our order in our privy council And 
 our will and pleasure is that the persons thereupon duly elected by the Major part of 
 the Freeholders of the respective parishes or precincts and so returned shall before 
 their sitting take the oaths mentioned in the said Acts Intitled An act for the further 
 security of His Majestys person and Government and the Succession of the Crown 
 in the late princess Sophia being protestants and for extinguishing the hopes of the 
 pretended Prince of Wales and his open and secret abettors And an act for altering 
 the oath of abjuration and the assurance and for amending so much of an act of the 
 seventh year of her late Majesty Queen Anne Intitled an act for the improvement of 
 the union of the two Kingdoms as after the time therein limited requires the delivery 
 of certain Lists and Copies therein mentioned to persons Indicted of High Treason or 
 Misprision of Treason as also make and subscribe the aforementioned Declaration 
 which Oaths and Declaration you shall commissionate fit persons under the publick Seal 
 of that our province to tender and administer unto them and until the same shall be so 
 taken and subscribed no person shall be capable of sitting though elected And wee do 
 hereby declare that the persons so elected and qualified shall be called and deemed 
 the Assembly of that our province of Quebec and that you the said Guy Carleton by 
 and with the advice and consent of our said Council and Assembly or the Major part 
 of them shall have full power and authority to make constitute and ordain Laws Stat- 
 utes and ordinances for the publick peace welfare and Good Government of our said 
 Province and of the people and Inhabitants thereof and such others as shall resort 
 thereunto and for the benefit of us our Heirs and Successors which said Laws Statutes 
 and Ordinances are not to be repugnant but as near as may be agreeable to the Laws 
 and Statutes of this our Kingdom of Great Britain provided that all such Laws Stat- 
 utes and Ordinances of what nature or duration soever be within three months or soon- 
 46* 
 
182 
 
 .Ippendix. cr after the making thereof transmitted to us under our Seal of our said province for 
 ' No. 21. 0ljr a pp ro b a tion or disallowance of the same as also Duplicates thereof hy the next 
 co„^n S orconvey.nce and in case any or all of the said Laws Statutes and Ordinances not before 
 Z ( iv™ o( confirmed by us shall at any time be disallowed and not approved and so signified by 
 uu ' lfc _ us our Heirs and Successors under our or their signet and Sign Manual or by order of 
 
 %u££3& our or their Privy Council unto you the said Guy Carleton or to the Commander in 
 chief of the said province for the time being then such and so many of the said Laws 
 Statutes and Ordinances as shall be so disallowed and not approved shall from thence- 
 forth cease determine and become utterly void and of no effect any thing to the con- 
 trary thereof notwithstanding And to the end that nothing may be passed or done by 
 our said Council or Assembly to the prejudice of us our Heirs and Successors wee will 
 and ordain that you the said Guy Carleton shall have and enjoy a Negative voice in 
 the makino- and passing of all Laws Statutes and Ordinances as aforesaid and that you 
 shall and may likewise from time to time as you shall judge necessary adjourn pro- 
 rogue and dissolve all general Assemblies as aforesaid And wee do by these presents 
 Give and Grant unto you the said Guy Carleton full power and authority with the ad- 
 vice and consent of our said Council to erect constitute and establish such and so many 
 Courts of Judicature and public justice within our said province under your Govern- 
 ment as you and they shall think fit and necessary for the hearing and determining of 
 all causes as well criminal as civil according to Law and Equity and for awarding exe- 
 cution thereupon with all reasonable and necessary powers authorities fees and privi- 
 leges belonging thereunto as also to appoint a»d commissionate fit persons in the seve- 
 ral parts of your Government to administer the oaths mentioned in the aforesaid Acts 
 Intitled An act for the further security of His Majestys person and Government and 
 the Succession of the Crown in the Heirs of the late Princess Sophia being Protestants 
 and for extinguishing the hopes of the pretended Prince of Wales and his open and se- 
 cret abettors And an act for altering the Oath of Abjuration and the assurance and for 
 amending so much of an act of the seventh year of her late Majesty Queen Anne In- 
 titled An Act for the improvement of the Union of the two Kingdoms as after the 
 time therein limited requires the delivery of certain Lists and Copies therein mention- 
 ed to persons Indicted of High Treason or Misprision of Treason as also to tender and 
 administer the aforesaid declaration to such persons belonging to the said Courts as 
 shall be obliged to take the same And wee do hereby grant unto you full power and 
 authority to constitute and appoint Judges and in cases requisite Commissioners of Oy- 
 er and Terminer Justices of the Peace Sheriffs and other necessary officers and Minis- 
 ters in our said Province for the better administration of justice and putting the Laws 
 in execution and to administer or cause to be administered unto them such Oath or 
 Oaths as are usually given for the due execution and performance of offices and places 
 and for the clearing of truth injudicial causes And wee do hereby give and grant un- 
 to you full power and authority where you shall see cause or shall judge any offender 
 or offenders in criminal matters or for any fines or forfeitures due unto us fit objects of 
 our mercy to pardon all such offenders and remit all such offences fines and forfeitures 
 Treason and wilful murder only excepted in which case you shall likewise have power 
 upon extraordinary occasions to grant Reprieves to the offenders until! and to the intent 
 our Royal pleasure may be known therein And wee do by these presents give and grant 
 unto you full power and authority to collate any person or persons to any churches cha- 
 pels or other Ecclesiastical Benefices within our said Province as often as any of them 
 shall happen to be void And wee do hereby give and grant unto you the said Guy Carle- 
 ton by yourself or by your Captains and Commanders by you to be authorized full pow- 
 er and authority to Levy arm Muster Command and employ all persons whatsoever re- 
 siding within our said Province and as occasion shall serve them to march embark or 
 transport from one place to another for the resisting and withstanding of all enemies 
 
183 
 
 pirates and Rebels both at Land and Sea and to transport such Forces to any of our Appendix. 
 plantations in America if necessity shall require for defence of the same against the In- 
 
 vasion or attempts of any of our enemies and such enemies pirates and Rebels if there <;,„ nions m 
 
 shall be occasion to pursue and prosecute in or out of the limits ol our said Province the Province of 
 and if it shall please God them to vanquish apprehend and take and being taken ac- 
 
 r 111 o GuvCarleton.Rsq. 
 
 cording to Law to put to death or keep and preserve alive at your discretion and to laa Antij, ITW. 
 execute martial law in time of Invasion war or other times when by law it may be 
 executed and to do and execute all and every other thing and things which to our Cap- 
 tain General and Governor in Chief doth or of right ought to belong And wee do here- 
 by give and grant unto you full power and authority by and with the advice and con- 
 sent of our said Council to erect raise and build in our said Province such and so many 
 forts platforms Castles Cities Boroughs Towns and Fortifications as you by the advice 
 aforesaid shall judge necessary and the same or any of them to fortify and furnish with 
 ordnance Ammunition and all sorts of Arms fit and necessary for the security and de- 
 fence of our said Province and by the advice aforesaid the same again or any of them 
 to demolish or dismantle as may be most convenient And for as much as divers muti- 
 nies or disorders may happen by persons shipped and employed at Sea during the time 
 of war And to the end that such as shall be shipped and employed at Sea during the 
 time of war may be better governed and ordered And we do hereby give and grant 
 unto you the said Guy Carleton full power and authority to constitute and appoint 
 Captains Lieutenants Masters of Ships and other Commanders and Officers and to grant 
 to such Captains Lieutenants Masters of Ships and other Commanders and Officers 
 Commissions to execute the Law Martial during the time of war according to 
 the directions of an Act passed in the twenty-second year of the Reign of our late 
 Royal Grandfather Intitled an act for amending explaining and reducing into one act of 
 Parliament the Laws relating to the Government of His Majestys Ships Vessels and 
 Forces by Sea and to use such proceedings authorities punishments corrections and 
 executions upon any offender or offenders who shall be mutinous seditious disorderly 
 or any way unruly either at Sea or during the time of their abode or residence in 
 any of the ports Harbours or Bays in our said Province as the case shall be found to 
 require according to Martial Law and the said directions during the time of War as 
 aforesaid Provided that nothing herein contained shall be construed to the enabling 
 you or any by your authority to hold plea or have any jurisdiction of any offence cause 
 matter or thing comitted or done upon the High Sea or within any of the Havens 
 Rivers or Creeks of our said Province under your Government by any Captain Com- 
 mander Lieutenant Master Officer Seaman Soldier or person whatsoever who shall be 
 in actual service and pay in or on board any of our Ships of War or other vessels act- 
 ing by immediate Commission or warrant from Our Commissioners for executing the 
 office of High Admiral of Great Britain or from our High Admiral of Great Britain 
 for the time being under the Seal of our Admiralty but that such Captain Commander 
 Lieutenant Master Seaman Soldier or other person so offending shall be left to be pro- 
 ceeded against and tried as their offences shall require either by Commission under our 
 great Seal of this Kingdom as the Statute of the Twenty Eighth of Henry the Eighth 
 or by Commission from our said Commissioners for executing the office of High Ad- 
 miral of Great Britain or from our High Admiral of Great Britain for the time being 
 according to the afore-mentioned Act Intitled An Act for amending explaining and 
 reducing into one Act of Parliament the Laws relating to the Government of His Ma- 
 jestys Ships Vessels and Forces by Sea and not otherwise provided nevertheless that 
 all disorders and misdemeanors committed on shore by any Captain Commander Lieu- 
 tenant Master Officer Seaman Soldier or other person whatsoever belonging to any of 
 our ships of war or other vessels acting by immediate Commission or Warrant from 
 our Commissioners for executing the office of High Admiral of Great Britain or 
 
1S4 
 
 Appendix, from our High Admiral of Great Britain for the time being under the Seal of 
 No - 21 ' our Admiralty may be tried and punished according to the Laws of the piace 
 
 commons or w here any such disorders offences and misdemeanors shall be committed on shore 
 
 t'. 'rmunce 3 o! notwithstanding such offender be in our actual service and born in our pay on 
 
 board anv such our ships of war or other vessel acting by immediate Commission 
 
 i2ttAprU,im or warran t from our Commissioners for executing the office ot High Admiral ol 
 Great Britain or from our High Admiral of Great Britain for the time being as 
 aforesaid so as he shall not receive any protection for the avoiding of justice for such 
 offences committed on shore from any pretence of his being employed in our service 
 at sea And our further will and pleasure is that all publick moneys raised or which 
 shall be raised hereafter by any Act to be made within our said Province be issued out 
 by warrant from you by and with the advice and consent of our Council as aforesaid 
 for the support of the Government and not otherwise and wee likewise give and grant 
 unto you full power and authority by and with the advice and consent of our said 
 Council to settle and agree with the Inhabitants of our said Province for such Lands 
 Tenements and Hereditaments as now are or hereafter shall be in our power to dispose 
 of and them to o-rant to any person or persons upon such Terms and under such mode- 
 rate Quit Rents Services and acknowledgements to be thereupon reserved unto js as 
 you with the advice aforesaid shall think fit which said Grants are to pass and be seal- 
 ed by our publick seal of our said Provinoe and being entered upon Record by such 
 officers as shall be appointed thereunto shall be good and effectual in Law against us 
 our heirs and successors And wee do hereby give you the said Guy Carleton full pow- 
 er and authority to order and appoint Fairs Markets and Marts as also such and so 
 many Ports Harbours Bays Havens and other places for the conveniency and Security 
 of Shipping and for the belter loading and unloading of Goods and Merchandizes in 
 such and so many places as by you with the advice and Consent of our said Council 
 shall be thought fit and necessary And wee do hereby require and command all Offi- 
 cers and Ministers Civil and Military and all other Inhabitants of our said Province 
 to be obedient aiding and assisting unto you the said Guy Carleton in the execution 
 of this our Commission and of the Powers and authorities therein contained And in 
 case of your death or absence from our said Province and Government to be obedient 
 aiding and assisting as aforesaid to the Lieutenant Governor or Commander in Chief 
 for ihe time being to whom wee do by these Presents give and grant all and singular 
 the powers & authoritys herein granted to be by him executed and enjoyed during our 
 pleasure or until your arrival within our said Province and if upon your death or ab- 
 sence out of our said Province there be no person upon the place Commissioned or ap- 
 pointed by us to be Lieutenant Governor or Commander in Chief of our said Province 
 Our will and pleasure is that the Eldest Councillor who shall be at the time of your 
 death or absence residing within our said Province shall take upon him the Adminis- 
 tration of the Government and execute our said Commission and Instructions and the 
 several powers and authorities therein contained in the same manner and to all intents 
 and purposes as other our Governor or Commander in Chief should or ought to do in 
 case of your absence until your return or in all cases until our further pleasure be 
 known therein Arid wee do hereby declare ordain and appoint that you the said Guy 
 Carleton shall and may hold exercise and enjoy the office and place of our Captain 
 General and Governor in Chief in and over our said Province of Quebec and all the 
 Territories Dependent thereon with all and singular the povvers and authorities hereby 
 granted unto you for and during Our will and Pleasure In Witness &c Witness our 
 self at Westminster the twelfth day of April 
 
 By Wrilt of Privy Seal 
 This is a true Copy from the Original Record remaining in the Chapel of the Rolls, 
 having been examined. 
 
 JOHN KIPLING. 
 
1S5 
 
 C01VCM3SSICN TO GUY CATH/STON - , ESQUIRE, appendix. 
 
 No. 21. 
 AS CAPTAIN-GENERAL AND GOVFRNOR-IN-CHIEE OF QUEBEC.— 27TH DECEMBER, 
 
 15 Geo. III. 17~4. Commission ol 
 
 tile Governors of 
 
 the Province oi 
 
 ^ Uuebcc. 
 
 Guy Carleton, F.sq. 
 
 Second Part of Patents in the Fifteenth Year of King George the Third 
 
 Guy Carleton, Esquire, Governor of Quebec. 
 
 George the Third by the Grace of God of Great Britain France and Ireland King 
 Defender of the Faith &c. to our trusty and well beloved Guy Carleton Esq. Greet- 
 ing Whereas wee ('id by our letters patent under our great seal of Great Britain 
 bearing date at Westminster the 12th day of April in the eight year of our Reign con- 
 stitute and appoint you to be our Captain General and Governor in Chief in and 
 over our province of Quebec in Jimerica, bounded on the Labrador Coast by the 
 river St John and from thence by a line drawn from the head of that river through the 
 Lake St. John to the South East of Lake Nipissin from whence the said line crossing 
 the river St. Lawrence and Lake Champlain in forty five degrees of Northern La- 
 titude passes along the Highlands which divide the Rivers that empty them- 
 selves into the said river St. Lawrence from those which fall into the Sea 
 and also along the North coast of (he Bay des Chaleurs and the coast of the 
 Gulf of St. Lawrence to Cape Rozieres and from thence crossing the mouth of the 
 river St. Lawrence by the West end of the Island of •Anticosti terminates at the 
 aforesaid river St. John together with all the rights members and appurtenances what- 
 soever thereunto belonging for and during our will and pleasure as by the said re- 
 cited letters patent relation being thereunto had may more fully and at large appear 
 And Whereas wee did also by our letters patent under our Great Seal of Great Britain 
 bearing date at Westminster the 16/// day of March in the twelfth year of our Reign 
 constitute and appoint Molineux Shuklain Lstj. to be our Governor and Com- 
 mander in Chief in and over our Island of Newfoundland and all the coast 
 of Labrador from the entrance of Hudson's Streights to the Hiver St. John 
 which discharges itself into the Sea nearly opposite the (Vest endof the Island 
 of Jlnticosti including that island with any other small Islands on the said coast of 
 Labrador and also the Islands of Modelaine in the Gulph of St. Lawrence as also 
 of all our forts and Garrisons erected and established in our said Islands of Newfound- 
 land Anticosti and Madelaine or on the Coast of Labrador with the limits aforesaid 
 for and during our will and pleasure as by the said letters patent (Relation being 
 thereunto had) may more fully and at large appear Now Know you that We have 
 revoked and determined And do by these presents revoke and determine the said recited 
 letters patent granted to you the said Guy Carleton as aforesaid and every clause 
 article and thing therein contained And we have also revoked and determined and do 
 by these presents revoke and determine so much and such par! of the said recited let- 
 ters patent Granted to Molineux Shuldham Esq. as aforesaid as relates to the coast 
 of Labrador including the Island of Anticosti with any other the said small Islands on 
 the said coast of Labrador and every clause article and thing therein contained so far 
 as the same relates to the said coast of Labrador and the Island herein before recited 
 And further Know you that we reposing especial trust and confidence in the prudence 
 courage and loyalty of you the said Guy Carleton of oui' especial grace certain know- 
 ledge and mere motion have thought fit to constitute and appoint you the said Guy 
 Carleton to be our Captain General and Commander in Chief in and over our 
 
 47* 
 
186 
 
 Appendix. Province of Quebec in America comprehending all our territories'Islands and coun- 
 No - 21 - tries in North America bounded on the South by a line from the Bay of Chaleurs 
 
 rodons of ALONG THE HlQH LANDS WHICH DIVIDE THE RIVERS THAT EMPTY THEMSELVES INTO 
 ■ h %5ta? CfTHE RIVER St. LAWRENCE FROM THOSE WHICH FALL INTO THE SeA to CI point in 
 
 Qutbec_ forty five degrees of Northern Latitude on the Eastern bank of the river Con- 
 C %?XTm q necticut keeping the same latitude directly west through the Lake Champlain 
 until in the same latitude it meets with the river St. Lawrence from thence up 
 the Eastern bank of the said river to the Lake Ontario thence through the Lake 
 Ontario and the river commonly called Niagara and thence along by the East- 
 ern and South Eastern bank of Lake Erie following the said bank until the same 
 shall be intersected by the Northern boundary Granted by the Charter of the Pro- 
 vince of Pennsylvania in case same shall be so intersected and from thence along 
 the said Northern and Western boundaries of the said Province until the said western 
 boundary strikes the Ohio but in case the said bank of the said Lake shall not be 
 found to be so intersected then following the said bank until it shall arrive at that 
 point of the said bank which shall be nearest to the North western angle of the said 
 Province of Pennsylvania and thence by a right line to the North western angle 
 of the said Province and thence along the western boundary of the said Province until 
 it strikes the river Ohio and along the Bank of the said river Westward to the Banks 
 of the Mississippi and Northward along the Eastern bank of the said river to the 
 Southern boundary of the territory granted to the Merchants adventurers of England 
 and trading to Hudsons Bay And also all such territories Islands and countries 
 which have since the tenth of February one thousand seven hundred and sixty three 
 been made part of the Government of Newfoundland as aforesaid together with all 
 the rights members and appurtenances whatsoever thereunto belonging And we do 
 hereby require and command you to do and execute all things in due manner that 
 shall belong to your said command and the Trust that we have reposed in you accord- 
 ing to the several powers and directions granted or appointed you by this present 
 commission and the instructions and authorities herewith given unto you or by such 
 further powers instructions and authorities as shall at any time hereafter be granted or 
 appointed you under our signet and sign manual or by our order in our Privy Council 
 and according to such ordinances as shall hereafter be made and agreed upon by you 
 with the advice and consent of the Council of our said Province under your go- 
 vernment in such manner and form as is hereinafter expressed And our will and 
 pleasure is that you the said Guy Carleton do after the publication of these 
 our letters patent in such manner and form as been heretofore accustomed to he 
 used on like occasions in the first place to take the oath appointed to be taken by an 
 act passed in the first year of the reign of King George the first intituled (An act for 
 the further security of his Majestys person and Government and for the succession 
 of the Crown in the heirs of the late Princess Sophia being Protestants and for extin- 
 guishing the hopes of the pretended Prince of Wales and his open and secret abettors) 
 And by an Act passed in the sixth year of our reign Intituled (An Act for altering the 
 oath of abjuration and the assurance and for amending so much of an Act of the seventh 
 year of her late Majesty Queen Anne intituled An Act for the improvement of the 
 union of the two Kingdoms as after the time therein limited requires the delivery of 
 certain lists and copies therein mentioned to Persons indicted of High Treason or 
 Misprision of Treason As also that you make and subscribe the declaration men- 
 tioned in act of Parliament made in the twenty fifth year of the reign of King 
 diaries the second Intituled (An Act for preventing dangers which may happen from Po- 
 pish Recusants) And likewise that you take the oath usually taken by Governors in the 
 Plantations for the due execution of the office and trust of our Captain General and 
 Governor in and over our said Province and for the due and impartial administration 
 
187 
 
 of Justice And further that you take the oath required to be taken by Governors of appendix. 
 
 the Plantations to do their utmost that the several laws relating to Trade and the 
 
 Plantations be duly observed which said oaths and declaration our Council of our said commissions of 
 
 J the Governors of 
 
 Province or any three of the members thereof have hereby full power and authority tin- Province of 
 
 J Quebec. 
 
 and are required to tender and administer to you All which being duly performed GllvCa ^" nn E 
 you shall yourself administer to each of the members of our said Council (except as w^Decim 
 hereinafter excepted) the said oaths mentioned in the said Acts Intituled (An Act for 
 the further security of his Majestys person and Government and the succession of 
 the Crown in the IJeirs of the late Princess Sophia being Protestants and for extin- 
 guishing the hopes of the pretended Prince of Wales and his open and secret abettors) 
 And an Act for altering the oath of abjuration and the assurance and for amending so 
 much of an Act of the seventh year of her late Majesty Queen Anne Intituled An Act 
 for the improvement of the union of the two Kingdoms as after the time therein limit- 
 ed requires the delivery of certain lists and copies therein mentioned to persons In- 
 dicted of High Treason or Misprision of Treason as also cause them to make and 
 subscribe the aforementioned declaration and to administer unto them an oatli or oaths 
 for the due execution of their places and Trusts And Whereas wee may find it expe- 
 dient for our service that our Council of our said Province should be in part com- 
 posed of such of our Canadian subjects or their descendants as remain within the same 
 under the faith of the Treaty of Paris and who may profess the religion of the Church 
 of Rome It is therefore our will and pleasure that in all cases where such persons 
 shall or may be admitted either into our said Council or into any other offices they 
 shall be exempted from all tests and from taking any other oath than that prescribed 
 in and by an Act of Parliament passed in the fourteenth year of our reign Intituled 
 (An Act for making more effectual provision for the Government of the Province of 
 Quebec in North America) and also the usual oath for the due execution of their places 
 and trusts respectively which last mentioned oath wee do hereby authorize and require 
 you to administer to such officers and persons accordingly And we do further give 
 and grant unto you the said Guy Carleton full power and authority from time 
 and at any time hereafter by yourself or by any other to be authorized by you in that 
 behalf to administer and give the oaths mentioned in the said Acts Intituled (An Act 
 for the better security of his Majestys person and Government and the succession ot 
 the Crown in the heirs of the late Princess Sophia being Protestants and for extin- 
 guishing the hopes of the pretended Prince of Wales and his open and secret abettors) 
 And (An Act for altering the oath of abjuration and the assurance and for amending 
 so much of an act of the seventh year of her late Majesty Queen Anne Intituled An 
 Act for the improvement of the union of the two Kingdoms as after the time therein 
 limited requires the delivery of certain lists and copies therein mentioned to persons 
 indicted of High Treason or Misprision of Treason) or the said oath mentioned in the 
 said act passed in the fourteenth year of our reign Intituled (An Act for making more 
 effectual provision for the Government of the Province of Quebec in North America) 
 to all and every «uch person and persons respectively as you shall think fit who shall 
 at any time or times pass into our said province or shall be resident or abiding And 
 wee do hereby authorize and empower you to keep and use the publick seal of our 
 Province of Quebec for sealing all things whatsoever that shall pass the Great Seal 
 of our said Province And wee do hereby give and grant unto you the said Guy 
 Carleton full power and authority with the advice and consent of our said Council to 
 make ordinances for the peace welfare and good Government of the said Province and 
 of the people and inhabitants thereof and such others as shall resort thereunto and for 
 the benefit of us our heirs and successors Provided always that nothing herein con- 
 tained shall extend or be construed to extend to the authorizing and empowering the 
 passing any ordinance or ordinances for laying any taxes or duties within the said 
 
1S8 
 
 . îppendifi. Province such rates and Taxes only excepted as the Inhabitants of any Town or Dis- 
 No. 21. trict withill our Sdid Province may be authorized by any ordinance passed by 
 OM» or you with the advice and consent of the said Council to assess lay and apply withi n the 
 I': ':■::;;::' "said Town or District for the purpose of making roads erecting and repairing pub- 
 """""*_ lick buildings or for any other purpose respecting the local convenience and economy 
 
 '■■tn.tvc'TrS' 1 f suc h Town or District Provided also that every ordinance so to be made by you 
 by and with the advice and consent of the said Council shall be within six months 
 from the passing thereof transmitted to us under our seal of our said Province for our 
 approbation or disallowance of the same as also duplicates thereof by the next con- 
 veyance and in case any or all of the said ordinances shall at any time be disallowed 
 and not approved and so signified by us our Heirs and Successors by order in their 
 or our privy council unto you the said Guy Carleton or to the commander in chief of 
 our said province for the time being then such and so many of the said ordinances as 
 shall be so disallowed and not approved shall from the promulgation of the said order 
 in Council within the said Province cease and determine and become utterly void and 
 of no effect Provided also that no ordinance touching Pieligion or by which any pun- 
 ishment may be inflicted greater than line or imprisonment for three months shall be 
 of any force or effect until the same shall have been allowed and confirmed by us our 
 heirs and Successors and such allowance or confirmation signified to you or to the com- 
 mander in chief of our said province for the time being by their or our order in their 
 or our privy council Provided also that no ordinance shall be passed at any meeting of the 
 council where less than a majority of the whole council is present or at any time ex- 
 cept between the first day of January and the first day of May unless upon some ur- 
 gent occasion in which case every member thereof resident at the Town of Quebee 
 or within fifty miles thereof shall be personally summoned to attend the same And 
 to the end that nothing may be passed or done by our said council to the prejudice of 
 us our heirs and successors wee will and ordain that you the said Guy Carleton shall 
 have and enjoy a negative voice in the making and passing of all ordinances as afore- 
 said And wee do by these presents give and Grant unto you the said Guy Carleton 
 full power and authority with the advice and consent of our said council to erect con- 
 stitute and establish such and so many courts of Judicature and public Justice within 
 our said province under your government :;s you and they shall think fit and necessa- 
 ry for the hearing of all causes as well criminal as civil and for awarding execution 
 thereupon with all reasonable and necessary powers authorities fees and privileges 
 belonging thereunto as also to appoint and commissionate fit persons in the several 
 parts of your government to administer the oaths mentioned in the aforesaid acts Inti- 
 tuled (An act for the further security of his Majestys person and government and the 
 succession of the crown in the heirs of the late Princess Sophia being Protestants and 
 for extinguishing the hopes of the pretended Prince of Wales and his open and secret 
 abettors) And (an act for altering the oath of abjuration and the assurance and for 
 amending so much of an act of the seventh year of her late Majesty Queen Anne In- 
 tituled an Act for improving the union of the two kingdoms as after the time therein 
 limited requires the delivery of certain lists and copies therein mentioned to persons 
 indicted of High Treason or Misprision of Treason) and the oaths mentioned in the 
 said Act made and passed in the fourteenth year of our reign Intituled (An Act for 
 making more effectual provision for the government of the Province of Quebec in 
 North America) as also to tender and administer the aforesaid declaration to such 
 persons belonging to the said courts as shall respectively obliged to take the same 
 And wee do hereby grant unto you full power and authority to constitute and appoint 
 Judges and other necessary officers and ministers in our said Province for the better 
 administration of Justice and putting the laws in execution and to administer or cause 
 to be administered unto them an oath or oaths for the due execution and performance 
 
Governors of 
 ince of 
 
 189 
 
 of their offices and places respectively And wee do hereby give and grant unto you Appendix. 
 full power and authority where you shall see cause or shall judge any offender or of- No ' 21 - 
 fenders condemned in criminal matters or in any fines or forfeitures due unto us fit enrôla 
 objects of our mercy to pardon all such offenders and remit all such offences fines and the Prov 
 forfeitures Treason and wilful murder only excepted in which cases you shall like- ' et - — 
 
 h.. . . GuyCailnon.Esq 
 
 ave power upon extraordinary occasions to grant reprieves to the offenders un- ïftii Dee. itm. 
 
 till and to the intent our royal pleasure may be known therein And wee do by these 
 presents give and grant unto you full power and authority to collate any person or 
 persons to any Churches Chapels or other Ecclesiastical benefices with our said 
 Province as often as any of them shall happen to be void And wee do hereby give and 
 grant unto you Guy Carleton by yourself or by your Captains and Commanders by 
 you to be authorized full power and authority to levy arm muster command and em- 
 ploy all persons whatsoever residing within our said province and as occasion shall serve 
 them to march embark or transport from one place to another for the resisting and 
 withstanding of all Enemies Pirates and rebels both at Land and Sea and to transport 
 such forces to any of our plantations in America if necessity shall require for de- 
 fence of the same against the invasion or attempts of any of our Enemies Pirates or 
 Rebels and such Enemies Pirates and Rebels if there shall be occasion to pursue and 
 prosecute in or out of the limits of our said Provinces and if it shall so please God 
 them to vanquish apprehend and take and being taken according to law to putt to 
 death or keep or preserve alive at your discretion and to execute martial law in time 
 of invasion war or other times when by law it may be executed and to do and execute 
 all and every other thing and things which to our Captain General and Governor in 
 chief doth or of right ought to belong And wee do hereby give and grant unto you full 
 power and authority by and with the advice and consent of our said council to erect 
 raise and build in our said Province such and so many Forts Platforms Castles Cities 
 Boroughs Towns and Fortifications as you by the advice aforesaid shall judge neces- 
 sary and the same or any of them to fortify and furnish with ordnance Ammunition 
 and all sorts of arms fit and necessary for the security and defence of our said Pro- 
 vince and by the advice aforesaid the same again or any of them to demolish or dis- 
 mantle as may be most convenient And lor as much as divers mutinies and disor- 
 ders may happen by persons shipped and employed at sea during the time of war And 
 to the end that such as shall be shipped and employed at sea during the time of war 
 may be better governed and ordered Wee do hereby give and grant unto you the said 
 Guy Carleton full power and authority to constitute and appoint Captains Lieutenants 
 masters of ships and other commanders and officers and to grant to such Captains 
 Lieutenants Masters of ships and other commanders and officers Commissions to execute 
 the law martial during the time of war according to the directions of an act passed in the 
 twenty second yearof the reign of our late royal Grandfather Intituled (An act for amend- 
 ing explaining and reducing into one Act of Parliament the laws relating to the Go- 
 vernment of his Majestys ships vessels and forces by sea) and to use such proceedings 
 authorities punishments corrections and executions upon any offender or offenders 
 who shall be mutinous seditious disorderly or any way unruly either at sea or during 
 the time of their abode or residence in any of the Ports harbours or Bays in our said 
 Province as the case shall be found to require according to martial law and the said 
 directions during the time of war as aforesaid Provided that nothing herein contained 
 shall be construed to the enabling you or any by your authority to hold plea or have 
 any jurisdiction of any offence cause matter or thing committed or done upon the high 
 sea or within any of the havens rivers or creeks of our said province under your go- 
 vernment by any Captain commander Lieutenant master officer seaman soldier or Per- 
 son whatsoever who shall be in actual service and Pay in or on board any of our 
 ships of war or other vessel acting by immediate commission or warrant from our 
 48* 
 
190 
 
 . Ippnulu: commissions lor executing the Office of our high Admiral of Great Britain or from 
 No 2L our high Admiral of Great Britain for the time being under the seal of our admiralty 
 co^Ton S of but that such Captain commander Lieutenant master officer seaman soldier or other per- 
 il: p°™ tfson so offending shall be left to be proceeded against and tried as their offences shall 
 Q uebec_ requ i re either by commission under our great seal of this Kingdom as the statute of 
 
 ^tiivTrm?' the Twenty eighth of Henry the eighth directs or by commission from our said com- 
 missioners for executing the office of High Admiral of Great Britain or from our High 
 Admiral of Great Britain for the time being according to the aforementioned act inti- 
 tuled (An act for amending explaining and reducing into one act of Parliament the 
 the laws relating to the government of his majestys ships vessels and Forces by sea) 
 and not otherwise Provided nevertheless that all disorders and misdemeanors com- 
 mitted on shore by any Captain commander Lieutenant Master Officer Seaman soldier 
 or other person whatsoever belonging to any of our ships of war or other vessels act- 
 ing by immediate commission or warrant from our commissioners for executing the 
 office of High Admiral of Great Britain or from our High Admiral of Great Britain for 
 the time being under the seal of our Admiralty may be tryed and punished according 
 to the law of the place where any such disorders offences and misdemeanors shall be 
 committed on shore notwithstanding such offender be in our actual service and borne 
 in our pay on board any such our ships of war or other vessels acting by immediate 
 commission or warrant from our commissioners for executing the office of our High 
 Admiral or from our High Admiral of Great Britain for the time being as aforesaid 
 so as he shall not receive any protection for the avoiding of justice for such offences 
 committed on shore from any pretence of his being employed in our service at sea 
 And our further will and pleasure is that all publick monies granted and raised for 
 the publick uses of our said province be issued oat by warrant from you by and with the 
 advice and consent of our council as aforesaid for the support of the Government and not 
 otherwise And wee likewise give and grant unto you full power and authority by and 
 with the advice and consent of our said co'incil to settle and agree with the inhabitants 
 of our said Province for such lands tenements and hereditaments as now are or here- 
 after shall be in our power to dispose of and them to grant to any person or persons 
 upon such terms and under such moderate quit rents services and acknowledgments 
 to be thereupon reserved unto us as you with the advice aforesaid shall think fit which 
 said grants are to pass and be sealed by our publick seal of our said province and be- 
 ino- entered upon record by such officer or officers as shall be appointed thereunto 
 shall be good and effectual in Law against Us our Heirs and Successors And wee do 
 hereby give you the said Guy Carleton full power and authority to order and appoint 
 Fairs Marts and Markets as also such and so many ports Harbours Bays Havens and 
 oilier places for the conveniency and security of shipping and for the better loading 
 and unloading of goods and merchandizes in such and so many places as by you with 
 the advice and consent of our said council shall be thought fit and necessary And wee 
 do hereby require and command all officers and Ministers civil and military and all 
 other inhabitants of our said Province to be obedient aiding and assisting unto you the 
 said Guy Carleton in the execution of this our commission and of the powers and au- 
 thorities therein contained and in case of your death or absence from our said Province 
 and Government to be obedient aiding and assisting as aforesaid to the Lieutenant Go- 
 vernor or Commander in Chief for the time being to whom wee do therefore by these 
 presents give and grant all and singular the powers and authorities herein granted to 
 be by him executed and enjoyed during our Pleasure or until your arrival within our 
 said Province And if upon your death or absence out of our said province there be no 
 person upon the place eommissionated or appointed by us to be Lieutenant Governor 
 or commander in chief of our said Province Our will and Pleasure is that the eldest 
 Councillor being a natural born subject of Great Britain Ireland or the Plantations 
 
191 
 
 and professing the Protestant religion who shall be at the time of your death or an- Appendix. 
 6ence residing within our said shall take upon him the administration of the Gov- 
 ernment and execute our said commission and instructions and the several powers commissions of 
 
 the Governors of 
 
 and authorities therein contained in the same manner and to all intents and purposes as ine Province of 
 
 Quebec. 
 
 other our Governor or Commander in chief should or ought to do in case of your ab- ^ C ~^ 0B Esq 
 sence until your return or in all cases until our further pleasure be known And araiDecim 
 wee do hereby declare ordain and appoint that you the said Guy Carleton shall and 
 may hold execute and enjoy the office and place of our Captain General and Governor 
 in Chief in and over our said Province of Quebeck and all the territories dependant 
 thereunto with all and singular the powers and authorities bereby granted unto you 
 for and during our will and pleasure In Witness &.C Witness Ourself at Westmin- 
 ster the twenty seventh day of December in the Fifteenth year of our reign 
 
 By Writ of Privy Seal 
 This is a true copy from the original Record remaining in the Chapel of the Rolls, 
 having been examined. 
 
 JOHN KIPLING. 
 
 COB/FVHSSION TO EREDERICK HALDIJVÎAND. ESQUIRE, 
 
 AS CAPTAIN-GENERAL AND GOVERNOR-IN-CHIEF OF QUEBEC, 18TH SEPTEMBER, 
 
 17 GEO: III. 177". 
 
 Fifth part of Patents in the seventeenth year of King George the Third 
 
 Frederick Haldimand Esquire 
 
 Governor of Quebec 
 
 Georee the Third bv the grace of God of Great Britain France and Ireland King Frederick Haidi 
 
 n J r> c3 man d, Esq. 
 
 Defender of the Faith to our trusty and welbeloved Frederick Haldimand Esquire wtii Sept. im. 
 greeting Whereas we did by our Letters Patent under our great seal of Great Britain 
 bearing date at Westminster the twenty-seventh day of December in the fifteenth 
 year of our Reign constitute and appoint Guy Carleton Esquire (now Sir Guy 
 Carleton Knight of the Bath) to be our Captain General and Governor in Chief 
 in and over our Province of Quebec in .America comprehending all our territories 
 islands and countries in North America bounded on the south by a line from the Bay 
 of Chaleurs along the highlands which divide the rivers that empty them- 
 selves 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 bank of the River 
 Connecticut keeping the said latitude directly west through the Lake Champlain 
 until in the same latitude it meets with the River Saint Lawrence from thence up 
 the eastern bank of the said River to the Lake Ontario thence through the Lake Ontario 
 and the River commonly called Niagara and thence along by the eastern and south-eastern 
 bank of Lake Erie following the said bank until the same shall be intersected by the 
 northern boundary granted by the charter of the Province of Pennsylvania in case 
 the same shall be so intersected and from thence along the said northern and western 
 boundaries of the said Province until the said western boundary strikes the Ohio but 
 in case the said bank of the said Lake shall not be found to be so intersected then 
 following the said bank until it shall arrive at the point of the said bank which shall 
 be nearest to the north-western angle of Ihe said Province of Pennsylvania and thence 
 by a right line to the said north-western angle of the said Province and thence along 
 the western boundary of the said Province until it strikes the Ohio and along the bank 
 
192 
 
 Appendix, of the said River westward to the banks of the Mississippi and northward along the 
 
 No- 21 eastern bank of the said River to the southern boundary of the Territory granted to 
 
 Commissions of the merchants adventurers of England trading to Hudsons Bay And also all such Ter- 
 
 !!',v G provta« ofritories Islands and Countries which have since the tenth of February one thousand 
 
 seven hundred and sixty-three been made part of the Government of Newfoundland 
 
 'tnand. E-q. ' together with all the rights members and appurtenances whatsoever thereunto belong- 
 
 18ili Sept. 1777. ° , . . , , , . , , . . • 
 
 ing Now know you that we have revoked and determined and do by these presents 
 revoke and determine the said recited Letters Patent and every clause article and thing 
 therein contained And further know you that we reposing especial trust and confi- 
 dence in the prudence courage and loyalty of you the said Frederick Haldimand of 
 our especial grace certain knowledge and meer motion have thought fit to constitute 
 and appoint you the said Frederick Haldimand to be our Captain General and 
 Governor in Chief in and over our Province of Quebec in America comprehend- 
 ing all our Territories Islands and Countries in North America bounded on the south 
 by a line from the Bay of Chaleurs along the highlands which divide 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 bank of the River Connecticut keeping the same latitude directly toest 
 through the Lake Champlain until in the same latitude it meets ivilh the River 
 St. Lawrence from thence up to the eastern bank of the said River to the Lake On- 
 tario thence through the Lake Ontario and the River commonly called Niagara and 
 thence along by the eastern and south-eastern bank of Lake Erie following the said 
 bank until the same shall be intersected by the northern boundary granted by the 
 charter of the Province of Pennsylvania in case the same shall be so intersected and 
 from thence along the said northern and western boundaries of the said Province until 
 the said western boundary strikes the Ohio But in case the said bank of the said Lake 
 shall not be found to be so intersected then following the said bank until it shall arrive 
 at that point of the said bank which shall be nearest to the north-western angle of the 
 said Province of Pennsylvania and thence by a right line to the said north western 
 angle of the said Province and thence along the western boundary of the said Pro- 
 vince until it strikes the River Ohio and along the bank of the said River westward 
 to the banks of Mississippi and northward along the eastern bank of the said River 
 to the southern boundary of the Territory granted to the merchants adventurers of 
 England trading to Hudsons Bay and also all such Territories Islands and countries 
 which have since the tenth of February one thousand seven hundred and sixty- 
 three been made part of the Government of Newfoundland together with the rights 
 members and appurtenances whatsoever thereunto belonging and we do hereby re- 
 quire and command you to do and execute all things in due manner that shall belong 
 to your said command and the trust we have reposed in you according to the several 
 powers and directions granted or appointed you by this present commission and the 
 instructions and authorities herewith given unto you or by such further powers in- 
 structions and authorities as shall at any time hereafter be granted or appointed you 
 under our signet and sign manual or by our order in our Privy Council And accord- 
 ing to such ordinances as shall hereafter be made and agreed upon by you with the 
 advice and consent of the Council of our said Province under your Government in 
 such manner and form as is hereinafter expressed And our will and pleasure is that 
 you the said Frederick Haldimand do after the publication of these our Letters Patent 
 in such manner and form as has been accustomed to be used on like occasions in the 
 lirst place take the oaths appointed to be taken by an Act passed in the first year of 
 the Reign of King George the First intituled (An Act for the further security of his 
 Majestys person and Government and the succession of the crown in the heirs of the 
 late Princess Sophia being Protestants and for extinguishing the hopes of the pretend- 
 
19} 
 
 cd Prince of Wales and liisopcivand secret abettors) Anil by an Act passer! in Ibe sixth .Ippcndiot. 
 year of our Reign intituled (An Act for altering the oath of abjuration and the assu- No 21 " 
 ranee and for amending so much of an Act of the seventh year of her late Majesty Commissions of 
 Queen Anne intituled An Act for the improvement of the union of the two King- the rrôvm'ce" »r 
 do'iis as after the time (herein limited requires the delivery of certain lists and conies - — 
 
 r rr r„ «,- Frederick llaldi- 
 
 therein mentioned to persons indicted of High 'J reason or Misprision of Treason) as l " a "' 1 ' E *i- 
 
 ' ° ' ' 18th Sept. 1777 
 
 also that you make and subscribe the declaration mentioned in an Act of Parliament 
 made in the twenty fifth year of the Reign of King Charles the Second intituled (An 
 Act for preventing dangers which may happen from Popish Recusants) And likewise 
 that you take the oath usually taken by Governors in the Plantations for the due 
 execution of llie Office and Trust of our Captain General and Governor in and over 
 our said Province and for the due and impartial administration of Justice And further 
 that you take the oath required to be taken by Governors of the Plantations to do their 
 utmost that the several laws relating to Trade and the Plantations be duly observed 
 which said oaths and declaration our Council of our said Province or any three of 
 the members thereof have hereby full power and authority and are required to tender, 
 and administer to you All which being duly performed you shall yourself administer 
 to each of the members of our said Council (except as is hereinafter excepted) the said 
 oaths mentioned in the said Act entitled (An Act for the further security of his Ma- 
 jestys person and Government and the succession of the crown in the heirs of the 
 late Princess Sophia being Protestants and for extinguishing the hopes of the pre- 
 tended Prince of Wales and his open and secret abettors) And (An Act for altering 
 the oath of abjuration and the assurance and for amending so much of an Act of the 
 seventh year of her late Majesty Queen Anne intituled An Act for the improvement 
 of the union of the two Kingdoms as after the time therein limited requires the de- 
 livery of certain lists and copies therein mentioned to persons indicted of High Trea- 
 sons or Misprision of Treason) as also cause them to make and subscribe the afore- 
 mentioned declaration and to administer to them the usual oaths for the due execu- 
 tion of their places and trusts And whereas we may find it expedient for our service 
 that our Council of our said Province should be in part composed of such of our 
 Canadian subjects or their descendants as remain with the same under the faith of the 
 Treaty of Paris and who may profess the religion of the Church of Rome It is there- 
 fore our will and pleasure that in all cases where such persons shall or may be admit- 
 ted either into our said Council or into any other offices they shall be exempted from 
 all tests and from taking any other oath than that prescribed in and by an Act of Par- 
 liament passed in the fourteenth year of our Reign intituled (An Act for making more 
 effectual provision for the Government of the Province of Quebec in North America) 
 And also the usual oath for the due execution of their places and trusts respectively 
 And we do further give and grant unto you the said Frederick llaldimand full power 
 and authority from time to time and at any time hereafter by yourself or by any other 
 to be authorized by you in that behalf to administer and give the oaths mentioned in 
 the said Acts intituled (An Act for the further security of his Majestys person and 
 Government and the succession of the crown in the heirs of the late Princess Sophia 
 being Protestants and for extinguishing the hopes of the pretended Prince of Wales 
 and his open and secret abettors) and (An Act for altering the oath of abjuration and 
 the assurance and for amending so much of an Act of the seventh year of her Majesty 
 Queen Anne intitled An Act for the improvement of the union of the two Kingdoms 
 as after the time therein limited requires the delivery of certain lists and copies there- 
 in mentioned to persons indicted of High Treason or Misprision of Treason) to all 
 and every such person and persons as you shall think fit who shall at any time or 
 times pass into our said Province or shall be resident or abiding there And we do 
 hereby authorize and empower you to keep and use the public seal of our Province 
 of Quebec for sealing all things whatsoever that shall pass the great seal of our said 
 49* 
 
194 
 
 Appendix. Province And we do hereby give and grant unto you the said Frederick Haldimand 
 
 No. 21. f u ]j p 0wer arK ) authority with the advice and consent of our said Council to make 
 
 eommiMiona of ordinances for the peace welfare and good government of the said Province and in- 
 
 Z provta« !!r habitants thereof and such others as shall resort thereunto and for the benefit of us 
 
 our heirs and successors Provided always that nothing contained shall extend or be 
 
 Frederick Haldi- .... i lL .- 
 
 maud, Esq. construed to extend to the authorizing and empowering the passing any ordinance or 
 
 J8lh Sept. 1777. , . . , . . . , „ . . 
 
 ori inances for laying any taxes or duties within the said l J rovince such rates and taxes 
 only excepted as the inhabitantsofany Town or District within our said Province may be 
 authorized by any ordinance passed by you with the consent of our said Council to assess 
 levy and apply within the said Town or District for the purpose of making roads erecting 
 and repairing public buildings or for any other purpose respecting the local convenience 
 and economy of such Town or District Provided also that every ordinance so be made by 
 you by and with the advice and consent of the sa id Council shall be within six months from 
 the passing thereof transmitted to us under our seal of our said Province for our approba- 
 tion or disallowance of the same as also duplicates thereof by the next conveyance and in 
 case any or all of the said ordinances shall at any time be disallowed and not approved and 
 so signified by us our heirs and successors by order in their or our Privy Council unto 
 you the said Frederick Haldimand or to the Commander in Chief of our said Province 
 for the time being then such and so many of the said ordinances as shall be so disal- 
 lowed and not approved shall from the promulgation of the said order in Council 
 within the said Province cease determine and become utterly void and of no effect 
 Provided also that no ordinance touching religion or by which any punishment may 
 be inflicted greater than fine or imprisonment for three months shall be of any force 
 or effect until the same shall have been allowed and confirmed by us our heirs and 
 successors and such allowance or confirmation signified to you or to the Commander 
 in Chief of our said Province for the time being by their or our order in their or our 
 Privy Council Provided also that no ordinance shall be passed at any meeting of the 
 Council where less than the majority of the whole Council is present or at any time 
 except between the first day of January and the first day of May unless upon some 
 urgent occasion in which case every member thereof resident at the Town of Quebec 
 ,, or within fifty miles thereof shall be personally summoned to attend the same and to 
 the end that nothing may be passed or done by our said Council to the prejudice of 
 us our heirs and successors we will and ordain that you the said Frederick Haldimand 
 shall have and enjoy a negative voice in the making and passing of all ordinances as 
 aforesaid And we do by these presents give and grant unto you the said Frederick 
 Haldimand full power and authority with the advice and consent of our said Council 
 to erect constitute and establish such and so many Courts of Judicature and publick 
 justice within our said Province under your government as you and they shall think 
 fit and necessary for the hearing and determining of all causes as well criminal as 
 civil and for awarding execution thereupon with all reasonable and necessary powers 
 authorities fees and privileges belonging thereunto as also to appoint and commission- 
 ate fit persons in the several parts of your Government to administer the oaths men- 
 tioned in the aforesaid Acts entituled (An Act for the further security of his Majestys 
 person and Government and the succession of the crown in the heirs of the late Prin- 
 cess Sophia being Protestants and for extinguishing the hopes of the pretended Prince 
 of Wales and his open and secret abettors) and (An Act for altering the oath of 
 abjuration and the assurance and for amending so much of an Act of the seventh year 
 of her late Majesty Queen Anne intituled An Act for the improvement of the union 
 of the two Kingdoms as after the time therein limited requires the delivery of certain 
 lists and copies therein mentioned to persons indicted of High Treason or Misprision 
 ol 1 reason) as also to tender ami administer the aforesaid declaration to such persons 
 belonging to the said Courts as shall be obliged to take the same And we do hereby 
 grant unto you full power and authority to constitute and appoint Judges and in cases. 
 
195 
 
 requisite Commissioners of Oyer and Terminer Justices of the Peace Sheriffs and ./Ippendi.r. 
 other necessary officers and ministers in our said 1'rovince for the better administra- "* 
 
 tion of justice and putting the laws in execution and to administer or cause to be ad Commissions ..i 
 
 . the Governors of 
 
 ministered unto them such oath or oaths as are usually given tor the due execution the Province of 
 
 Quebec. 
 and performance of offices anil places and for the clearing of truth in judicial causes 
 
 1 ' ° Freiierirk Ihihli 
 
 And wee do hereby give and grant unto you full pow.?r and authority where you shall '">;''' '-,'<-- 
 
 / S a J r j j 18tli Sept. 17T7. 
 
 see cause or shall judge any offender or offenders in criminal matters or for any fines 
 or forfeitures due unto us fit objects of our mercy to pardon all such ollenders and 
 remit all sucii offences fines and forfeitures treason and wilful murder only excepted 
 in which cases you shall likewise have power upon extraordinary occasions to grant 
 reprieves to the offenders until and to the intent our Royal pleasure may be known 
 therein And we do by these presents give and grant unto you full power and autho- 
 rity to collate any person or persons to any Churches Chapels or other Ecclesiastical 
 Benefices within our said Province as often as any of them shall happen to be void 
 And we do hereby give and grant unto you the said Frederick Haldimand by yourself 
 or by your Captains and Commanders by you to be authorized full power and autho- 
 rity to levy arm muster command and employ all persons whatsoever residing within 
 our said Province and as occasion shall serve them to march embark or transport them 
 from one place to another for the resisting and withstanding of all enemies pirates 
 and rebels both at land and sea And to transport such forces to any of our Plantations 
 in America if necessity shall require for defence of the s.me against the invasion or 
 attempts of any of our enemies and such enemies pirates and rebels if there shall be 
 occasion to pursue and prosecute in or out of the limits of our said Province And if 
 it shall so please God them to vanquish apprehend and take and being taken accord- 
 ing to law to put to Death or keep anil preserve them alive at your discretion and to 
 execute Martial Law in time of invasion war or other times when by law it may be 
 executed and to do and execute all and every other thing and things which to out- 
 Captain General and Governor in Chief doth or of right ought to belong And we do 
 hereby give and grant unto you full power and authority by and with the advice and 
 consent of our said Council to erect raise and build in our Province such and so many- 
 Forts Platforms Castles Cities Boroughs Towns and Fortifications as you by the 
 advice aforesaid shall judge necessary and the same or any of them to fortify and fur- 
 nish with ordnance ammunition and all sorts of arms fit and necessary for the security 
 and defence of our said Province And by the advice aforesaid the same again or any 
 of them to demolish or dismantle as may be most convenient And for as much as 
 divers mutinies and disorders may happen by persons shipped and employed at sea 
 during the time of war and to the end that such as shall be so shipped and employed at 
 Sea during the time of war may be better governed and ordered wee do hereby give and 
 grant unto you the said Frederick Haldimand full power and authority to constitute 
 and appoint Captains Lieutenants Masters of Ships and other Commanders and Offi- 
 cers and to grant to such Captains Lieutenants Masters of Ships and other Comman- 
 ders and Officers commissions to execute the Law Martial during the time of war 
 according to the directions of an Act passed in the twenty-second year of the Reign 
 of our late Royal Grandfather intituled (An Act for amending explaining and reducing 
 into one Act of Parliament the laws relating to the government of His Majestys 
 Ships Vessels and Forces by Sea) And to use such proceedings authorities punish- 
 ments corrections and executions upon any offender or offenders who shall be mutinous 
 seditious disorderly or any way unruly either at sea or during the time of their abode 
 or residence m any of the Ports Harbours or Bays in our said Province as the case 
 shall be found to require according to Martial Law and the said directions during the 
 time of war as aforesaid Provided that nothing herein contained shall be construed to 
 the enabling you or any by your command to hold plea or have any jurisdiction of 
 any offence cause matter or thing committed or done upon the High Sea or within any 
 
196 
 
 appendix, of (he Havens Rivers or Greeks of our said Province under your government by any 
 No. 21. Captain Commander Lieutenant Master Officer Seaman Soldier or person whatsoever 
 r., m ,n^ions or who shall he in our actual service and pay in or on board any of our ships of war or 
 lilt 'province' or other vessels acting by immediate commission or warrant from our Commissioners for 
 Quebec^ executing the office of our High Admiral of Great Britain or from our High Admiral 
 
 manli, F.sn*J" f Great Britain for the lime being under the seal of our Admiralty but that such 
 Captain Commander Lieutenant Master Officer Seaman Soldier or other person so 
 offending shfll be left to be proceeded against and tried as their offences shall require 
 cither by. commission under our Great Seal of this Kingdom asthestatoteof the twenty- 
 eighth of Henry the Eighth directs or by commission from our said Commissioners 
 for executing the office of High Admiral of Great Britain or from our High Admiral of 
 Great Britain for the time being according to the before mentioned Act intituled (An Act 
 for amending explaining and reducing into one Act of Parliament the laws relating to the 
 governmen t of H is Majestys Ships Vessels and Forces by Sea) and not otherwise Provided 
 nevertheless that all disorders and misdemeanors committed on shore by any Captain 
 Commander Lieutenant M aster Officer Seaman Soldier or other person whatsoever belong- 
 ing to any of our ships of war or other vessels acting by immediate commission or 
 warrant from our Commissioners for executing the office of High Admiral of Great 
 Britain or from our High Admiral of Great Britain for the time being under the seal 
 of our Admiralty may be tried and punished according to the laws of the place where 
 such disorders offences and misdemeanors shall be committed on shore Notwithstand- 
 ing such offender be in our actual service and borne in our pay on board any such our 
 ships of war or other vessels acting by immediate commission or warrant from our 
 Commissioners for executing the office of High Admiral of Great Britain or from our 
 High Admiral of Great Britain for the time being as aforesaid so as he shall not receive 
 any protection for the avoiding of justice for such offences committed on shore from 
 any pretence of his being employed in our service at sea And our further will and 
 pleasure is that all public monies granted and raised for the public uses of our said 
 Province be issued out by warrant from you by and with the advice and consent of 
 our Council as aforesaid for the support of the Government and not otherwise And 
 wee do likewise give and grant unto you full power and authority by and with the 
 advice and consent of our said Council to settle and agree with the inhabitants of our 
 said Province for such lands tenements and hereditaments as now are or hereafter shall 
 be in our power to dispose of and them to grant to any person or persons upon such 
 terms and under such moderate quit rents services and acknowledgements to be there- 
 upon reserved unto us as you with the advice aforesaid shall think lit which said grants are 
 to pass and be sealed by our public seal of our said Province and being entered upon 
 record by such officer or officers as shall be appointed thereunto shall be good and 
 effectual in law against us our heirs and successors And we do hereby give you the 
 said Frederick Haldimand full power and authority to order and appoint fairs marts 
 and markets as also such and so many ports harbours bays havens and other places for 
 the conveniency and security of shipping and for the better loading and unloading of 
 goods and merchandizes in such and so many places as by you with the advice and 
 consent of our said Council shall be thought fit and necessary And we do hereby 
 require and command all officers and ministers civil and military and all other inha- 
 bitants of our said Province to be obedient aiding and assisting unto you the said 
 Frederick Haldimand in the execution of this our commission and of the powers and 
 authorities therein contained And in case of your death or absence from our said Pro- 
 vince and Government to be obedient aiding and assisting as aforesaid to the Lieu- 
 tenant Governor or Commander in Chief for the time being to whom we do there- 
 fore by these presents give and grant all and singular the powers and authorities herein 
 granted to be by him executed and enjoyed during our pleasure or until your arrival 
 within our said Province And if upon your death or absence out of our said Province 
 
197 
 
 there be no person upon (he place co'mmissionafed or appointed by us to be Lieu- Appendix. 
 enant Governor or C>> n nander in Chiei' of our said Province our will and pleasure 
 is thai the eldest Councillor being a natural born subject of Great Britain Ireland or Communions of 
 
 . . . the Governors of 
 
 the Plantations and professing ihe Protestant religion who shall beat the timeot your nm Province or 
 
 r ... ftuebec. 
 
 death or absence residing within our said Province shall take upon him the adminis- — 
 
 wvfivii «» n i Frederick iialdi- 
 
 tration of the Government and execute our said commission and instructions and the l8 |]J l g d pt?'5$77 
 several powers and authorities therein contained in the same manner and to all intents 
 and purposes as other our Governor or Commander in Chief should or ought to do in 
 case of your absence until your return Or in all cases until our further pleasure be 
 knows herein And we do hereby declare ordain and appoint that you the said Fre- 
 derick Haldimand shall and may hold execute and enjoy the office and place of our 
 Captain General and Governor in Chief in and over our said Province of Quebec and 
 all the Territories dependant thereupon and all and singular the powers and authorities 
 hereby granted unto you for and during our will and pleasure In witness &c Witness 
 ourself at Westminster this eighteenth day of September 
 
 By Writt of Privy Seal 
 
 This is a true copy from the original record remaining in the Chapel of the Rolls, 
 having been examined. 
 
 JOHN KIPLING. 
 
 CCItTTVTISSIOIvT TO SIR GUY CARLETON, K. B. 
 
 AS CAPTAIN-GENERAL AND GOVERNORIN-CHIEF OF QUEBEC, 22D APRIL, 
 
 26 GEO: III. 1786. 
 
 Fifth part of patents in the twenty Sixth year of King George the Third 
 
 Sir Guy Carleton K. B. 
 
 Governor of Quebec 
 
 George the Third by the grace of God of Great Britain France and Ireland King de- 
 
 -.,... . i-i i mi io-^i *-* i i • i ^ Sir Guy Carleton, 
 
 fender of the faith and so forth to our trusty and welbclovcd Sir Guy Carleton knight >i> d Apri)i nan, 
 of Ihe most honorable order of the Bath greeting whereas wee did by our letters pa- 
 lent under our great Seal of Great Britain bearing date at Westminster the eighteenth 
 day of September in the seventeenth year of our Reign constitute and appoint 
 Frederick Haldimand Esquire now Sir Frederick Haldimand Knight of the most 
 honorable of the Bath to be our captain general and governor in chief in and over 
 our province of Quebec in America then bounded as in our said recited letters pa- 
 tent was mentioned and expressed now know ye that wee have revoked and deter- 
 mined and by these presents do revoke and determine the said recited letters patent and 
 every clause article and thing therein contained and further know ye that we reposing 
 especial trust and confidence in the prudence courage and loyalty of you the said Sir 
 Guy Carleton of our especial grace certain knowledge and mere motion have thought 
 fit to appoint you the said Sir Guy Carleton to be our captain general and governor 
 in chief in and over our province of Quebec in America comprehending all our ter- 
 ritories Islands and countries in North America bounded on the South by a line from 
 the Bay of Chaleurs along the high lands which divide the rivers that empty 
 
 THEMSELVES INTO THE RIVER SAINT LAWRENCE FROM THOSE WHICH FALL INTO THE 
 
 Atlantic Ocean to the North westernmost head of Connecticut river thence down 
 atong 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 
 
 50* 
 
198 
 
 appendix. Cataraquy thence along the middle of said river into the lake Ontario through the 
 No. 21. middle of Said Lake until it strikes the communication by water between that 
 c„n^7onH ..r Lake and Lake Erie through the middle of said lake until it arrives at the water 
 'I 1 ,' 'iwlncc 5 % communication between that lake and lake Huron thence along the middle of said 
 water communication into the lake Huron thence through the middle of said lake 
 ^A^rii'm' to the water communication bdiveen that Lake and Lake Superiour thence through 
 lake Superiour Northward of the Isles Royal and Phillipeaux to the Long Luke 
 thence through the middle of said Long Lake and the water communication between 
 it and the Lake of the (Foods 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 ioest course 
 to the river Mississippi and Northward to the Southern boundary of the Territory 
 granted to the Merchants adventurers of England trading to Hudsons Bay and also 'all 
 sucli territories Islands and countries which have since the tenth of February one thou- 
 sand seven hundred and sixty three been made part of the Government of Newfoundland 
 together with all the rights members and appurtenances whatsoever thereunto belong- 
 ing and wee do hereby require and command you to do and execute all things in due 
 manner that shall belong to your said command and the trust we have reposed in you 
 according to the several powers and directions granted or appointed you by this pre- 
 sent commission and the instructions and authorities herewith given unto you or by 
 such further instructions and authorities as shall at any time hereafter be granted or 
 appointed you under our Signet or sign manual or by our order in our privy council 
 and according to such ordinances as shall hereafter be made and agreed upon by you 
 with the advice and consent of the council of our said province under your go- 
 vernment in such manner and form as is herein after expressed and our will and 
 pleasure is that you the said Sir Guy Carleton do after the publication of these our 
 letters patent in such manner and form as has been accustomed to be used on like 
 occasions in the first place take the Oaths appointed to be taken by an act passed 
 in the first year of King George the first intituled [an act for the further security of 
 his Majestys person and Government and the succession of the crown in the Heirs of 
 the late princess Sophia being protestants and for extinguishing the hopes of the pre- 
 tended prince of Wales and his open and secret abeitors] and by an act passed in the 
 sixth year of our reign intituled (an act for altering the Oath of abjuration and the as- 
 surance and for amending so much of an act of the seventh year of her late Majesty 
 Queen Ann intituled (an act for the improvement of the union of the two Kingdoms 
 as after the time therein limitted requires the delivery of certain lists and copies there- 
 in mentioned to persons indicted of high treason or misprision of treason) as also that 
 you make and subscribe the declaration mentioned in an act of parliament made in the 
 twenty fifth year of the reign of King Charles the Second intituled (an act for pre- 
 venting dangers which may happen from popish recusants) and likewise that you take 
 the Oath usually taken by Governors in the plantations for the «Tue execution of the 
 office and trust of our Captain general and Governor in chief in and over our said pro- 
 vince and for the due and impartial administration of Justice and further that you take 
 the Oath required to be taken by Governors of the plantations to do their utmost that 
 the several laws relating to trade and the plantations be duly observed which said Oaths 
 and declaration our council of our said province or any three of the members thereof 
 have hereby full power and authority and are required to tender and administer to you 
 all which being duly performed you shall yourself administer to each of the members of 
 our said council (except as is hereinafter excepted) the said Oaths mentioned in the said 
 acts intituled (an act for the further security of his Majestys person and government 
 and the succession of the crown in the Heirs of the late princess Sophia being pro- 
 testants and for extinguishing the hopes of the pretended prince of Wales and his 
 open and secret abettors) and (an act for altering the Oath of abjuration and the as- 
 
199 
 
 surance and for amending so much of an act of the seventh year of her late Majesty Appendix. 
 Queen Ann intituled an act for the improvement of the union of the two Kingdoms N "' "• 
 as after the time therein limitted required the delivery of certain lists and copies there- commissions of 
 
 i. i m t • i m ... - . , lite Governors of 
 
 in mentioned to persons indicted of high 1 reason or misprision of treason) as also the Province of 
 
 ... Quebec. 
 
 cause them to make and subscrihe the aiorementioned declaiation and to administer 
 
 Sir Guy Carlelon 
 
 unto them the usual Oaths for the due execution of their places and trusts and whereas 2M April, 1786. 
 wee may find it expedient for our service that our council of our said province should 
 be in part composed of such of our Canadian subjects or their descendants as remain 
 within the same under the faith of the treaty of Paris and who may profess the reli- 
 gion of the church of Rome it is therefore our will and pleasure that in all cases where 
 such persons shall or may be admitted either in our said council or into any other offices 
 they shall be exempted from all tests and from taking any other oath than that pre- 
 scribed in and by an act of parliament passed in the fourteenth year of our reign inti- 
 tuled (an act for making more effectual provision for the government of the province 
 of Quebec in North America) and also the usual oath for the due execution of their 
 places and trusts respectively and we do further give and grant unto you the said Sir 
 Guy Carleton full power and authority from time to time and at all times hereafter by 
 yourself or by any other to be authorized by you in that behalf to administer and give 
 the oaths mentioned in the aforesaid acts to all and every such person and persons as 
 you shall think fit who shall at any time or times pass into our said province or shall 
 be resident or abiding there and wee do hereby authorize and empower you to keep and 
 use the public Seal of our province of Quebec for Sealing all things whatsoever that 
 shall pass the great Seal of our said province and wc do hereby give and grant unto 
 you the said Sir Guy Carleton full power and authority with the ad' ice and consent 
 of our said council to make ordinances for the peace welfare and good government of 
 the said province and of the people and inhabitants thereof and such others as shall re- 
 sort thereunto and for the benefit of us our Heirs and successors provided always that 
 nothing herein contained shall extend or be construed to extend to the authorizing and 
 impowering the passing of any ordinance or ordinances for laying any taxes or duties 
 within the said province such rates and taxes only excepted as the inhabitants of any 
 Town or district within our said province may he authorized by any ordinance passed 
 by you with the advice and consent ot the said council to assess Levy and apply with- 
 in the said Town or district within our said province Roads erecting and repairing 
 public buildings or for any other purpose respecting the local convenience and œcono- 
 my of such Town or district provided also that every ordinance so to be made by you 
 by and with the advice and consent of the said council shall be within six months from 
 the passing thereof transmitted to us under the Seal of our said province for our ap- 
 probation or disallowance of the same as also duplicates thereof by the next convey- 
 ance and in case any or all of the said ordinances shall at any time be disallowed and 
 not approved and so signified by us our Heirs and successors by order in their or our 
 or their privy council unto you the said Sir Guy Carleton or to the commander in chief 
 of our said province for the time being then such and so many of the said ordi- 
 nances as shall he so disallowed and not approved shall from the promulgation of 
 the said order in council within the said province cease determine and become utterly 
 void and of none effect provided also that no ordinance touching religion or by which 
 any punishment may be inflicted greater than fine or imprisonment for three months 
 shall be of any force or effect until the same shall have been allowed and confirmed 
 by us our Heirs and Successors and such allowance or confirmation signified to you or 
 to the commander in chief of our said province for the time being by their or our 
 order in their or our privy council provided also that no ordinance shall be pass- 
 ed at any meeting of the council where less than a majority of the whole council is 
 present or at any time except between the first day of January and the first day of May 
 unless upon some urgent occasion in which case every member thereof resident at the 
 
200 
 
 appendix. Town of Quebec or within fifty miles thereof shall be personally summoned to attend 
 
 Wa21, the same and to the end that nothing may be passed or done by our said council to the 
 
 commissions of prejudice of us our Heirs and Successors wee will and ordain that you the said Sir Guy 
 
 the Governors ol' * •> , . . . . , • 1 1 1 • 
 
 ihs Province oi Carleton shall have and enjoy a negative voice in making ana passing all ordinances as 
 
 Uuebec. J , . 
 
 aforesaid and wee do by these presents give and grant unto you the said àir Guy Carle- 
 
 Sir Cuy Carleton, J * " * 
 
 22d Apm, nt«. ton f u || p 0vver an d authority with the advice and consent of our said council to erect 
 constitute and establish such and so many courts of Judicature anil public justice within, 
 our said province under your government as you and they shall think fit and necessary 
 for the hearing and determining all causes as well criminal as civil and for awarding 
 execution thereupon with all reasonable and necessary powers authorities fees and pri- 
 vileges belonging thereunto as also to appoint and commissionate lit persons to the seve- 
 ral parts of your government to administer the oaths mentioned in the above recited 
 acts as also to tender and administer the aforesaid declaration to such persons belonging 
 to the said courts as shall be obliged to take the same and wee do hereby grant unto you 
 full power and authority to constitute and appoint Judges and in cases requisite com- 
 missioners of oyer and terminer justices of the peace sheriffs and other necessary officers 
 and ministers in our said province for the better administration of Justice and putting 
 the laws in execution and to administer or cause to be administered unto them such 
 oath or oaths as are usually given for the due execution and performance of offices and 
 places and for the clearing of truth injudicial causes and we do hereby give and grant 
 unto you full power and authority where you shall see cause or shall judge any offend- 
 er or offenders in criminal matters or for any fines or forfeitures due unto us fit ob- 
 jects of our mercy to pardon all such offenders and remit all such Offences Fines and 
 Forfeitures treason and wilful murder only excepted in which cases you shall likewise 
 have power upon extraordinary occasions to grant reprieves to the offenders until and 
 to the intent our royal pleasure may be known therein and wee do by these presents 
 give and grant unto you full power and authority to collate any person or persons to 
 any churches chapels or other Ecclesiastical benefices within our said province as often 
 as any of them shall happen to be void and we do hereby give and grant unto you the 
 said Sir Guy Carleton by yourself or by your captains and commanders by you to be 
 authorized full power and authority to levy arm muster command and employ all per- 
 sons whatsoever residing within our said province and as occasion shall serve them to 
 march embark or transport from one place to another for the resisting and withstand- 
 ing of all enemies pirates and rebels both at land and Sea and to transport such forces 
 to any of our plantations in America if necessity shall require for the defence of the 
 same against the invasion or attempts of any of our enemies and such enemies pirates 
 and rebels if there shall be occasion to pursue and prosecute in or out of the limits of 
 our said province and (if it shall so please God) them to vanquish apprehend and take 
 and being taken according to law put to death or keep and preserve alive at your dis- 
 cretion and to execute martial Law in time of invasion war or at other times when by 
 law it may be executed and to do and execute all and every other thing and things 
 which to our captain general and Governor in chief doth or of right ought to belong 
 and wee do hereby give and grant unto you full power and authority by and with the 
 advice and consent of our said council to erect raise and build in our said province 
 such and so many Forts platforms castles cities boroughs Towns and Fortifications as 
 you by the advice aforesaid shall judge necessary and the same or any part of them to 
 fortify and furnish with ordnance ammunition and all sorts of arms fit and necessary 
 for the security and defence of our said province and by the advice aforesaid the same 
 again or any of them to demolish or dismantle as may be most convenient and for as 
 much as divers mutinies and disorders may happen by persons shipped and employed 
 at Sea during the time of war and to the end that such as shall be shipped and 
 employed at sea during the time of war may be better governed and ordered wee 
 do hereby give and grant unto you the said Sir Guy Carleton to constitute and 
 
201 
 
 appoint captains Lieutenants Masters of ships and other commanders and officers and Appendix. 
 
 to grant to such captains lieutenants masters of ships and other commanders and offi- 
 
 cers commissions to execute the law martial during the time of war according to the cci isaiona oi 
 
 directions of an act passed in the twenty second year of the reign of our late royal me Province oi 
 
 grandfather intituled (an act for amending explaining and reducing into one act of 
 
 & v o r o e si| . GuJ c arIe , on] 
 
 parliament the laws relating to the government of his Majestys ships vessels and forces sm April, irao, 
 by Sea) and to use such proceedings authorities punishments corrections and execu- 
 tions upon any offender or offenders who shall be mutinous seditious disorderly or any 
 way unruly at Sea or during the lime of their abode or residence in any of the ports 
 Harbours or Bays in our said province as the case shall be found to require according 
 to law martial and the said directions during the time of war as aforesaid provided that 
 nothing herein contained shall be construed to the enabling you or any by your authori- 
 ty to hold plea or have any Jurisdiction of any offence cause matter or thing commit- 
 ted or done upon the high Sea or within any of the Havens rivers or creeks of our 
 said province under your government by any Captain commander Li«utenant Master 
 officer Seaman Soldier or person whatsoever who shall be in actual service and pay in 
 or on board any of our ships of war or other vessels acting by immediate commission or 
 warrant from our commissioners for executing the office of our high admiral of Great 
 Britain or from our High Admiral of Great Britain for the time being under the Seal 
 of our admiralty but that such captain commander Lieutenant master officer Seaman 
 Soldier or other person so offending shall be left to be proceeded against and tried as 
 their offences shall require either by commission under our great Seal of this kingdom 
 as by the statute of the twenty eighth of Henry the eighth directs or by commission 
 from our said commissioners for executing the office of high admiral of Great Britain or 
 from our High Admiral of Great Britain for the time being according to the afore men- 
 tioned act intituled (act for amending explaining and reducing into one act of par- 
 liament the laws relating to the government of his Majestys ships vessels and forces 
 by Sea) and not otherwise provided nevertheless that all disorders and misdeamean- 
 ors committed on shore by any captain commander Lieutenant Master officer Seaman 
 Soldier or other person whatsoever belonging to any of our Ships of war or other ves- 
 sels acting by immediate commission or warrant from our commissioners for executing 
 the Office of high admiral of Great Britain for the time being under the Seal of our ad- 
 miralty may be tried and punished according to the laws of the place where any such 
 disorders offences and misdemeanors shall be committed on shore notwithstanding such 
 offender be in our actual service and borne in our pay on board any such our ships of 
 war or other vessels acting by immediate commission oi warrant from our commis- 
 sioners for executingthe office of High Admiral of Great Britain or from our High Ad- 
 miral of Great Britain for the time being as aforesaid so as he shall not receive any 
 protection for the avoiding of Justice for such offences committed on shore from any pre- 
 tence of his being employed in our service at Sea ind our further will and pleasure is 
 that all public monies granted and raised for the public uses of our said province be is- 
 sued out by warrant from you and with the advice and consent of our council as afore- 
 said for the support of the government and not otherwise and wee likewise give and 
 grant unto you full power and authority by and with the advice and consent of our 
 said council to settle and agree with the inhabitant* of the said province for such lands 
 tenements and Hereditaments as now are or hereafter shall be in our power to dispose 
 of and them to grant to any person or perspns upon such terms and under such moder- 
 ate Quit rents services and acknowledgements to be thereupon reserved unto us as you 
 with the advice aforesaid shall think fit and as you shall be directed by our instruc- 
 tions in that respect which said grants are to pass and be sealed with our public Seal of 
 our Said province and being entered upon record by such officsr or officers as shall be 
 appointed thereunto shall be good and effectual in law against usour Heirs and succes- 
 sors provided nevertheless that no grants or leases of any of the trading posts in our 
 
 51* 
 
202 
 
 appendix, said province shall under colour of this authority be made to any person or persons 
 .N„ 21. whatsoever until our pleasure therein shall be signified to you and wee do hereby give 
 ..,~.,, or you the said Sir Guy Carleton full power and authority to order and appoint Fairs. 
 ::' Marts and Markets as also sueh and so many ports Harbours Bays Havens and other 
 places for the conveniency and security of shipping and for the better loading and un- 
 irii°n86 n ' loading of goods and Merchandize in such and so many ports Harbours Bays Havens 
 and other places for shall be thought fit and necessary and wee do hereby require 
 and command all officers civil and Military and ail otfter inhabitants of our said pro- 
 vince to be obedient aiding and assisting unto you the said Sir Guy Carleton in the ex- 
 ecution of this our commission and of the powers and authorities therein and in case 
 of your death or absence from our said province and government to be obedient aiding 
 and assisting as aforesaid to the Lieutenapt governor or commander in chief for the 
 time being to whom wee do therefore by these presents give and grant all and singular 
 the powers and authorities herein granted to be by him executed and enjoyed during 
 our pleasure or until your arrival within our said province and if upon your death or 
 absence out of our said province there be no person upon the place commissionaW or 
 appointed by us to be Lieutenant governor or commander in chief of our said province 
 our will and pleasure U that the eldest councillor being a natural born subject of great 
 Britain Ireland or our colonies and plantations and professing the protestant religion 
 who shall be at the time of your death or absence residing within our said province 
 shall take upon him the administration of the government and execute our said com- 
 mission and instructions and the several powers and authorities therein contained in 
 the same manner and to all intents and purposes as either our governor or commander 
 in chief should or ought to do in case of your absence until your return or in all cases 
 until our further pleasure be known therein nevertheless as it may happen in case of 
 the death or absence or removal of our Lieutenant governor that the succession of the 
 eldest councillor to the administration of the government may not be for the good of 
 our service and the welfare of our said province wee do hereby authorize and empower 
 you in case of such death absence or removal if it shall appear to you that it would not 
 be expedient for the eldest councillor in succession to administer the government to 
 nominate and appoint by a commission under the great Seal of our province of Quebec 
 you being yourself at the time of such appointment personally resident in the said 
 province any member of our council for our said province whom you shall judge the 
 most proper and fitting to be our Lieutenant governor thereof until our pleasure there- 
 upon shall be known and you are to transmit tous by the first opportunity through one 
 of our principal secretaries of State your reasons for such appointment and wee do here- 
 by declare ordain and appoint that you the said Sir Guy Carleton shall and may hold 
 execute and enjoy the office and place of our captain general and governor in chief in 
 and over our said province of Quebec and all the territories dependant thereupon with 
 all and singular the powers and authorities hereby granted unto you for and during our 
 will and pleasure In witness &c. Witness ourself at Westminster the twenty second day 
 of April in the twenty sixth year of our Reign 
 
 By Writ of privy Seal 
 
 This is a true copy from the Original Record remaining in the Chapel of the Rolls, 
 having been examined. 
 
 JOHN KIPLING. 
 
APPENDIX. No. XX1L 
 EXTRACT FROM COUNCIL, 3IOUTES 
 
 OF APRIL 10, 1765, 
 
 WITH THE KLXG'S ORDER IN COUNCIL, JULY 20, 1764. 
 
 At a Council held at Fort George, in the City of New York, on Wednesday, the Appendix. 
 
 tenth day of April, 1765, No. 22. 
 
 Present Order in Council 
 
 The Hon Cadwaller Colden Esq Lieutenant Governor &e . 
 
 Mr Horsmanden Mr De Lancey 
 
 Mr Watts Mr Reade 
 
 Mr Walton Mr Morris 
 
 His Honour the Lieutenant Governor laid before the board His Majesty's Order 
 in Council dated the 20th July 1764 fixing the River Connecticut as the boundary 
 line between this Province and the Province of New Hampshire which was read and 
 ordered to be entered on the minutes and is as follows 
 
 At the Court at St James's the 20th day of July 1764 
 
 Present 
 
 The King's Most Excellent Majesty 
 
 Lord Stewart Earl of Hilsborough 
 
 Earl of Sandwich Mr Vice Chamberlain 
 
 Earl of Halifax Gilbert Elliot Esq 
 
 Earl of Powis James Oswald Esq 
 
 Earl of Harcourt 
 Whereas there was this day read at the board a Report reade by the Right Honour- 
 able the Lords of the Committee of Council for Plantation Affairs dated the 17ih of 
 this instant upon considering a representation from the Lords Commissioners for 
 trade and plantations relative to the disputes that have some years subsisted between 
 the Provinces of New Hampshire and New York concerning the boundary line 
 between those Provinces His Majesty taking the same into consideration was 
 pleased with the advice of his Privy Council to approve of what is therein pro- 
 posed and doth accordingly hereby order and declare the Western Ba»fcs of the 
 River Connecticut from where it enters the Province of the Massacàusetts Bay as 
 far North as the forty fifth degree of Northern Latitude to be the boundary line 
 between the said two Provinces of New Hampshire and N>w York — Whereof the 
 respective Governors and Commanders in Chief of His Majesty's said Provinces of 
 New Hampshire and New York for the time being and all others whom it may con- 
 cern are to take notice of His Majesty's pleasure hereby signified and govern 
 
 themselves accordingly. 
 
 WM. BLAIR. 
 
 It is ordered by his Honour the Lieutenant Governor with the advice of the Coun- 
 cil that a Proclamation issue publishing His Majesty's said Order in Council to the 
 end that all His Majesty's Subjects within this Province may conform thereto and 
 govern themselves accordingly. 
 
204 
 
 „ ,. State op New York, 
 
 Appendix. ' 
 
 No. 22. Secretary's Office. 
 
 order in Council I certify the preceding to be a true Extract from the Council Minutes of the late 
 
 ol 201b July, 1764. J 
 
 Colony ol New \ ork 
 
 In testimony whereof, I have hereunto affixed the Seal of this Office, at the 
 I"l s ] City of Albany, the 30th day of September, 182S. 
 
 ARCH'i) CAMPBELL, 
 
 Dep. Secretary. 
 
 Bu Nathaniel Piloter, Lieutenant Governor of the State of New York, acting 
 as Governor of the said State: 
 It is herebj' certified that the preceding Copy is attested in due form, and by the 
 proper office''. 
 
 In testimony whereof, I have hereunto affixed the Great Seal of this State. 
 [l. s.] Witness my hand, at the City of Albany, the 30th day of September, 182S. 
 
 NATHANIEL PITCHER. 
 
APPENDIX, No. XXIIi 
 
 DEPOSITIONS 
 
 JOHN ADAMS AND JOHN JAY, 
 
 DR. FRANKLIN'S AND JOHN ADAMS' LETTERS. 
 
 From General Appendix to the Proceedings under the Fifth Article of the Treaty of Ghent. 
 
 JOHN ADAMS' DEPOSITION. 
 
 " Mitchell's map was the only map or plan which was used by the Commission- Appendix, 
 ers at their public conferences, though other maps were occasionally consulted by 
 the American Commissioners at their loggings; the British Commissioners at first Depositions of 
 
 John Adams and 
 
 claimed to Fiseatuqua river, then to hennebeck, then to Penobscot, and at lenfflh John Jay, and Dr. 
 
 ' ° Franklin's & John 
 
 agreed to St. Croix, as marked on Mitchell's man. One of the American Ministers Adams- Letter*, 
 
 ° ' respecting Much 
 
 at first proposed the river St. Johns, as marked on Mitchell's map, but his colleagues e "' s m -'p 
 observing that as St. Croix was the river mentioned in the charter of Massachu- J " lm *[h™' Dc ' 
 setts Bay, they could not justify insisting on St. Johns; as an ultimatum he agreed 
 toit h them to adhere to the charter of Massachusetts Bay, but whether it was un- 
 derstood, intended, or agreed, between the British and American Commissioners, that 
 the river St. Croix, as marked on Mitchell's map, should so be the boundary as to 
 preclude all inquiry respecting any error or mistake in the said map in designating 
 the river Saint Croix, or whether there was any, and if so, what understanding, in- 
 tent, or agreement between the Commissioners, relative to the case of error or mis- 
 take in this respect in the said map, that the case of such supposed error or mistake 
 was not suggested, and consequently there was no understanding, intent, or agreement. 
 CNpressed respecting it." 
 
 JOHN JAY'S DEPOSITION. 
 
 " In the co'irse of the negotiations, difficulties arose respecting the Easlern boundary John Jay's Depo- 
 
 T . , . , sinon. 
 
 of the United States. Mitchell's map was before them, and frequently consulted for 
 geographical information. In settling the boundary line (described in the treaty) and 
 of which the river Si. Croix forms a part, it became a question which of the rivers 
 in those parts was the true river St. Croix, it being said that several of them had 
 that name. They did finally agree that the river St. Croix laid iJuwn in Mitchell's 
 map was the river St. Croix which ought to form a part of the said boundary tine. 
 
206 
 
 Appendix, but whether that river was so decidedly and permanently adopted and agreed upon 
 
 No 23. - t j ie p ar ti es as conclusively to bind the two nations to that limit, even in case it 
 
 Depo , Ulona of should afterwards appear that Mitchell had been mistaken, and that the true river St. 
 
 ;!::!"; jV'.''"M,iT)', d Croix was a different one from that which is delineated by that name in his map, is 
 
 Adwus'Lnte \™- a question or case which he does not recollect nor believe was then put or talked of. 
 
 Map?"' " For his own part he was of opinion that the easterly boundaries of the United 
 
 .i„iin Jay's Dcpo- Slates, oueht, on principles of right and justice, to be the same with the easterly 
 
 boundaries of the late Colony or Province of Massachusetts." 
 
 DR. FRANKLIN'S LETTER. 
 
 Franklins " I received your letter of the 31st past, relating to the encroachments made on the 
 eastern limits of the United States by settlers under the British Government, pre- 
 tending that it is the Western and not the Eastern river of the Bay of Passamaquody, 
 which was designated by the name of St. Croix in the Treaty of Peace with that na- 
 tion, and requesting me to communicate any facts which my memory or papers may 
 enable me to recollect, and which may indicate the true river the Commissioners had 
 in view to establish as the boundary between the two nations. lean assure you 
 that I am perfectly clear in the remembrance that the map we used in tracing the 
 boundary between the two nations teas brought in the Treaty by the Commission- 
 ers from England, and that it was the same that was published by Mitchell above 
 twenty years before. That the map we used was Mitchell's map, Congress was ac- 
 quainted at the time, by a letter to their Secretary for Foreign Affairs, which 1 sup- 
 pose may be found upon their files." 
 
 Extract of a letter from John Jidams to Lieutenant Governor Cushing, dated 
 Auteuil, near Paris, 25th October, 17S4. 
 
 Commonwealth of Massachusetts, 
 
 Secretary's Office. 
 I hereby Certify, that it appears by the Records remaining in this Office, that John 
 Avery, Jun., whose signature is borne on the paper to this Certificate annexed, was 
 Secretary of the Commonwealth of Massachusetts from October 27, 1 7t>0, until his 
 decease in June, 1S0G. 
 
 In testimony of which I have hereunto affixed the Seal of the said Common- 
 [l. s.] wealth, in my custody and possession, this eleventh day of September, 
 Anno Domini one thousand eight hundred and twenty-eight. 
 
 EDWARD D. BANGS, 
 
 Secretary of the Commontjeallh. 
 
 John Adams' Let- An extract of a Letter from his Excellency John Adams, Esq., to his Honour 
 Lieut. Governor Cushing, dated Auteuil, near Paris, October 25th, 1784. 
 
 In writing upon the subject of the Line between Massachusetts and Nova Scotia, 
 he observes as follows : 
 
 " JVe had before its, through the whole Négociation, a variety of Maps ; but it 
 was Mitche/Fs Map upon which was marked out the whole of the Boundary Lines 
 of the United Slates, 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 
 Honour, the River next to St. Johns should be the Boundary. I am glad the 
 General Court arc taking early measures and hope they will pursue them steadily, 
 until the point is settled, which it may be now, amicably; if neglected long it may be 
 more difficult." 
 
 .'litest, JOHN AVERY, Jun., 
 
 Secretary. 
 
 1er. 
 
 
APPENDIX, No. XXIV. 
 ADDITIONAL INSTRUCTIONS 
 
 TO 
 
 JONATHAN BELCHER, CAPTAIN-GENERAL AND GOVERNOR-IN-CHIEF 
 
 OF TBE 
 
 PROVINCE OF MASSACHUSETTS BAY, 
 
 WHITEHALL, 5TH AUGUST, 1740, 
 
 With copy of the King's Order in Council of the same date. 
 John Bell Governor of the State of Neiv Hampshire, 
 
 To ALL WHO SHALL SEE THESE PRESENTS, GREETING: 
 
 Know ye, that Richard Bartlett, whose Certificate is borne on the Pa- Appendix. 
 per hereunto annexed, is Secretary of the said State, duly constituted 
 I~l. s.l and sworn; and that to his Acts and Attestations as such, full faith and Additional in- 
 
 i en iL- l strucnonsto Gov. 
 
 credit are and ought to be given, in and out ot Court, within anu out Belcher 
 JOHN BELL, of the State. 
 
 In testimony wherof, I have caused the Seal of the State to be 
 hereunto affixed. 
 
 Given under my hand at Concord, this twenty-sixth day of Sep- 
 tember, in the year of our Lord one thousand eight hundred and 
 twenty eight, and in the fifty -third year of the Independence of the 
 United States of America. 
 
 By the Lords Justices 
 
 JO. CANT, HERVEY, C. P. S. 
 
 HARDWICKE, C. GRAFTON, 
 
 ■WILMINGTON, P. MONTAGUE. 
 
 Additional Instruction to Jonathan Belcher, Esq Captain General and 
 Governor in Chief in and over His Majesty's Province of the Massa- 
 chusetts Bay in New England in America, or to the Commander in 
 [Loc. Sigilli] Chief of His Majesty's said Province for the time being. Given at 
 Whitehall the fifth day of August 1740 in the fourteenth year of His 
 Majesty's Reign. 
 Whereas Disputes and Controvercies have for many years subsisted between His 
 Majesty's loving subjects of the Province of the Massachusetts Bay and New Hamp- 
 shire in New England in regard to the boundaries between the said Provinces and 
 whereas His Majesty was pleased by his Order in Council dated the 22nd January 
 
20S 
 
 îppendix. 1735 to direct that Commissioners should be appointed to mark out the dividing line 
 24 between the said Provinces and also by bis Majesty's order in Council of the 9th 
 m- February 173G to direct that a commission should be prepared and pass'd under the 
 
 [ional 
 
 i :- 10 GuV 
 
 '" Great Seal (which said commission was accordingly issued out) for authorising such 
 Commissioners to meet within a limited time to mark out the dividing line between 
 the said Provinces with liberty to either party who shall think themselves aggrieved 
 by the determination of the said Commissioners to appeal therefrom to His Majesty 
 in Council which said Commissioners did make their Report in the following words — 
 
 In pursuance of His Majesty's aforesaid Commission the Court tock under consi- 
 deration the Evidencies, Pleas and allegations otier'd and made by each party referring 
 to the controversy depending between them, and upon mature advisement on the 
 whole a doubt arose in point of Law and thereupon the Court came to the following 
 Resolution (vizt) 
 
 "That if the Charter of King William and Queen Mary dated October the 7th in 
 the third year of their Reign grants to the Province of the Massachusetts Bay all the 
 lands which were granted by the Charter of King Charles the first dated March the 
 fourth in the fourth year of His reign, to the late Colony of the Massachusetts Bay 
 lying to the northward of Merrimack River, then the Court adjudge and determine that 
 a line shall run parallel with the said river at the distance of three English miles North 
 from the mouth of the said River beginning at the southerly side of the Black Rocks 
 so called at low water mark, and from thence to run to the Crotch or parting of the 
 said river, where the rivers of Pemigewasset and VVinnepiseokee meet and from thence 
 due North three English miles and from thence due West towards the South Sea, 
 until it meets with His Majesty's other Governments which shall be the boundary or 
 dividing line between the said Provinces of the Massachusetts Bay and New Hamp- 
 shire on that side; But if otherwise then the Court adjudge and determine that a 
 line on the Southerly side of New Hampshire beginning at the distance of three Eng- 
 lish miles North from the Southerly side of the Black Rocks aforesaid at low water 
 mark and from thence running due west up into the main land towards the South Sea, 
 until it meets with His Majesty's other Government shall be the boundary line be- 
 tween the said Provinces on the side aforesaid, Which point in doubt with the Court 
 as aforesaid they humbly submit to the wise consideration of His Most Sacred Majesty 
 in His Privy Council, to be determined according to his Royal Will and Pleasure 
 therein. 
 
 " And as to the Northern boundary between the said Provinces the Court resolve 
 and determine that the dividing line shall pass up through the mouth of Piscataqua 
 Harbour and up the middle of the River into the River of Newichwannock part of 
 which is now called Salmon Falls and through the middle of the same to the furthest 
 head thereof and from thence North two degrees Westerly until one hundred and 
 twenty miles be finished from the mouth of Piscataqua Harbour aforesaid or until it 
 meets with His Majesty's other Governments. And that the dividing line shall part 
 the Isles of Shoales and run through the middle of the Harbour between the Islands to 
 the Sea, on the Southerly side and that the south westerly part of the said Islands shall 
 lye in and be accounted part of the Province of New Hampshire, and that the North 
 Easterly part thereof shall lye in and be accounted part of the Province of the Massa- 
 chusetts Bay and be held and enjoyed by the said Provinces respectively in the same 
 manner as they now do and have heretofore held and enjoyed the same — 
 
 " And the Court do further adjudge that the Cost and charge arising by taking out the 
 Commission as also of the Commissioners and their Officers (vizt) the two Clerks Sur- 
 veyor and Waiter for their travelling expences and attendance in the execution of the 
 same be equally borneby the said Provinces. Andwhereas appealsfrom the determination 
 of the said Commissioners have been laid before His Majesty by the Agents for the re- 
 
209 
 
 spective Provinces of the Massachusetts Bay and New Hampshire whichsaid Appeals have appendix. 
 been heard before the Committee of Council for hearing appeals from the Plantations, N "' 24- 
 who after having considered the whole matter and heard all Parties concerned therein MdMonai in 
 did report unto his Majesty as their opinion, That the Northern Boundaries of the said Belcher?" 
 Province of the Massachusetts Bay are and be a similar curve line pursuing the course 
 of Merrimack River at three miles distance on the North side thereof beginning at the 
 Atlantick Ocean and ending at a point due north of a place in the plan returned by the 
 said Commissioners called Pautucket Falls and a strait line drawn from thence due 
 West cross the said River till it meets with liis Majesty's other Governments and 
 that the rest of the Commissioners said Report or determination be affirmed by His 
 Majesty which said Report of the said Committee of Council, His Majesty hath been 
 pleased with the advice of His Privy Council to approve and to declare adjudge and 
 order that the Northern Boundaries of the said Province of the Massachusetts Bay are 
 and be a similar curve line pursuing the course of Merrimack River at three miles 
 distance on the North side thereof beginning at the Atlantick Ocean and ending at a 
 point due north of a place in the Plan returned by the said Commmissioners called 
 Pautucket Falls and a strait line drawn from thence due West cross the said River 
 till it meets with His Majesty's other Governments. And to affirm the rest of the 
 Commissioners said Report or Determination whereof the Governor or Command- 
 er in Chief of His Majesty's said Provinces for the time being as also His Majesty's 
 respective Councils & assemblys thereof and all others whom it may concern are to 
 take notice :" 
 
 It is therefore His Majesty's Will & Pleasure and you are hereby required and 
 enjoyned under pain of his Majesty's highest displeasure and of being removed from 
 your Government to take especial care that His Majesty's commands in this behalf be 
 executed in the most effectual and expeditious manner to the end that His Majesty's 
 good intentions for promoting the peace and quiet of the said Provinces may not be 
 frustrated or delayed. And you are likewise hereby directed to communicate this In- 
 struction to the Council and Assembly of His Majesty's said Province of New Hamp- 
 shire and to cause the same to be entered in the Council Books thereof 
 
 And for your further Information herein an authentick Copy of the Plan returned 
 by the said Commissioners is hereunto annexed. 
 
 September 26, 1S2S. — I Certify that the foregoing, except the first fifteen Lines, is 
 a true Copy from the Council Records, and that said fifteen lines are copied from a 
 Copy of the Original Instruction " examined Feb. 1740," per 
 
 PICHARD WALDRON, Secretary. 
 
 RICHARD BARTLETT, Secretary of State. 
 
 APPENDIX, No. XXV. 
 
 No. 25. 
 
 Vattel's Law of Nations. — (See printed copy of the Work.) V aitei's Law of 
 
 Nation?. 
 
 53" 
 
APPENDIX, No. XXVI, 
 
 PROCEEDINGS 
 
 RELATIVE 
 
 TO SURVEYING, MARKING, AND ESTABLISHING THE PARALLEL OF 45 DEGREES, 
 
 TIIE BOrNDAlïT BETWEEN 
 
 THE PROVINCES OF NEW YORK AND QUEBEC, 
 
 viz : 
 
 Extract from an Act of the General Assembly of New-York 13 January, 1768. 
 
 Do. from Council Minutes, with King's Order in Council 12 August, 1768. 
 
 Letter from Governor Tryon to the Surveyor General 30 December, 1771. 
 
 Do. same to same 7 January, 1772. 
 
 Do. same to same 30 January, 1772. 
 
 Do. from Thomas Valentine 3 February, 1772. 
 
 Do. from same 16 August, 1772. 
 
 Do. from John Collins to Surveyor General 1 October, 1772. 
 
 Do. Thomas Valentine to Do. 22 October, 1772. 
 
 Extract from Council Minutes of New-York 26 June, 1773. 
 
 Deputation to C. I. Sauthier, as Surveyor 2 July, 1773. 
 
 Extract from Journal of General Assembly of New-York 17 February, 1774. 
 
 Do. from an Act of Do. 19 March, 1774. 
 
 Do. Journal Do. 28 March, 1775. 
 
 Do. an Act Do. 1 April, 1775. 
 
 EXTRACT 
 
 FROM AN ACT PASSED JANUARY 13TH, 1768. 
 
 appendix. An Act for the payment of the Salaries of the several Officers of the Government 
 
 No - 25 - and of other services and for the better securing the public funds of the Colony. 
 Boundarybetween Be lt enacted by His Excellency the Governor the Council and the General As- 
 «uTb«. "' " sembly and it is hereby Enacted by the Authority of the same that the Treasurer of 
 Ejiraci from an this Colony shall be and hereby is directed and required out of the monies arisen or 
 
 Act, passed 13lh ... ... ; , 
 
 January, 1768. which may arise by virtue of the following Act Viz " An Act for Granting unto 
 His Majesty the several duties and impositions on Goods Wares and Merchandizes 
 imported into this Colony therein mentioned" to pay 
 
 Unto his Excellency the Governor for administering the Government of this Co- 
 lony from the first day of September one thousand seven hundred and sixty-seven to 
 the first day of September one thousand seven hundred and sixty-eight after the rate 
 of two thousand pounds per annum. 
 
 Unto his said excellency the Governor for monies by him expended on his Journey 
 to settle the line of jurisdiction between this Colony and the Province of Quebec the 
 sum of three hundred and seventy-nine pounds eleven shillings and seven pence. 
 
211 
 
 Assembly Chamber City of New- York Die Martis the 5th of January 1768 In appendix. 
 the eighth year of his Majesty's reign. Genera! Assembly for the Colony of New No ' 26- 
 York. This Bill having been read three times Resolved that the Bill do pass By nmmrinry be- 
 
 ' * twpen New Ymk 
 
 order of the General Assembly and auebre. 
 
 W. NICOLL, Extrart from <l* 
 
 Act. passed 13th 
 Speaker. January, 1768. 
 
 Assembly Chamber Die Martis the 5th of January 177S. 
 
 Ordered that Col. Seaman and Major Lispenard do carry this bill to the Council 
 and desire their concurrence thereto. By order of the General Assembly. 
 
 AB'M LOTT, 
 
 Clerk. 
 Council Chamber City of New York 5th January 176S. 
 
 This Bill was then read the first time and ordered a second reading. 6th Jaunary, 
 Read the second time, committed and reported without amendment and ordered a 
 third reading : 
 
 January 8th, Read the third time and passed. 
 
 GEO. BANYAR, 
 D. Clk. Con. 
 
 New York 13th January 1768, I assent to this Bill Enacting the same and order 
 it to be Enrolled. 
 
 H. MOORE. 
 
 State of New York, 
 
 Secretary'' s Office. 
 
 I certify the preceding to be true Extracts from an original law on file in this office. 
 In testimony whereof, I have hereunto affixed the Seal of this Office, at the 
 [l. ».] City of Albany, the 3d day of October, 1828. 
 
 ARCH'D CAMPBELL, 
 
 Dep. Secretary. 
 By Nathaniel Pitcher, Lieutenant Governor of the State of New York, acting as 
 
 Governor of the said State : 
 It is hereby certified, that the above attestation is in due form, and by the proper 
 officer. 
 
 In testimony whereof, I have hereunto affixed the Great Seal of this State. 
 [l. s.] Witness my hand, at the City of Albany, the third day of October, 182S. 
 
 NATHANIEL PITCHER. 
 
 EXTRACT 
 
 FROM THE COUNCIL MINUTES OF OCTOBER 21, 1768, INCLUDING THE KING'S ORDER 
 IN COUNCIL, DATED AUGUST 12, 1768, CONFIRMING THE PROCEEDINGS RELATING 
 TO THE LINE BETWEEN NEW YORK AND QUEBEC. 
 
 At a Council held at Fort George in the City of New York on Friday the 21st day §&" S^rag', 
 of October 176S 
 
 Present 
 
 His Excellency Sir Henry Moore, Baronet, Captain General &c 
 
 Mr Watts Mr Morris 
 
 Mr Reade Mr Cruger 
 
 His Excellency communicated to the board a Letter to him of the 13th August list 
 
 from the Earl of Hillsborough his Majesty's principal Secretary of State for the Colo- 
 
212 
 
 Appendix, nies with sundry papers inclosed and referred to therein all which being read were 
 No. 26. ori l ere (l tx> be entered on the minutes and are as follows 
 
 J v ;";;':;\,';; k WàrraHAix 13M August 1768. 
 
 and Quebec. SlR : 
 
 " i 0| Council, () n the ISth July I received your Letter to me No II acquainting me with your in-- 
 
 lata August, 1788, J ■ 
 
 tention of setting out the next day after the date of it for the Mohawk Country and I 
 shall be happy to hear that 3 our Journey has proved as agreeable to yourself as I dare 
 say it will have been beneficial to the public. 
 
 I have only in command from his Majesty to send you the inclosed order of His 
 Majesty in Council confirming the boundary line between New York and Quebec as 
 agreed upon and fixed by yourself and Governor Carleton for the due Execution of 
 which order under the several limitations and restrictions contained in it His Majesty 
 has the fullest reliance on your zeal for and attention to his service. 
 
 Some doubts having occurred to the Lords of trade whether the two last acts passed 
 in New York for making provision for quartering His Majesty's Troops were such a 
 Compliance with the British act of Parliament as to give validity to the subsequent 
 acts and proceedings of the Legislature there under the restrictions of the act of Par- 
 liament of the 7th of the King, their Lordships thought fit to make a report to His 
 Majesty thereupon. 
 
 This report has since been referred to his Majesty's Attorney and Solicitor General 1 
 for their opinion upon the question agitated by the board of trade and they having re- 
 ported that they are of opinion the act of Assembly passed in New York in June 1767 
 is such a Compliance with the act of Parliament of the 7lh year of His Majesty's Reign 
 as leaves the validity of the acts and proceedings of the Legislature of the Colony 
 subsequent to the 1st of October 1767 subject to no objection on that account I here- 
 with inclose to you a Copy of His Majesty's order in Council thereupon directing the 
 Lords Commissioners for trade and plantations to proceed in the Consideration of the 
 other laws passed in that Province and make their representations thereupon to His 
 Majesty in Council in the usual and accustomed manner. 
 
 I am Sir your most Obedient Humble servant 
 
 HILLSBOROUGH. 
 
 >jl a Court at St. James' lite 13M day of August 176S. 
 Present 
 The King's most Excellent Majesty 
 Duke of Grafton Viscount Falmouth 
 
 Duke of Rutland Viscount Barrington 
 
 Duke of Queensbury Viscount Villiers 
 
 Marquis of Granny Lord North 
 
 Earl of Litchfield James Stuart Mackenzie Esqr. 
 
 Earl of Hill borough Thomas Hail ey Esqr. 
 
 Earl of Shelburne Sir Edward Hawke 
 
 V iscount Weymouth 
 Whereas there was this day read at the board a report from the right Honorable the 
 Lords of the Committee of Council for plantation affairs dated the 9th of this instant up- 
 on considering a report made by the Lords Commissioners for trade and plantations 
 upon an Extract of a letter from Sir Henry Moore Governor of New York to the Earl 
 of Shelburne dated the 16th of January last relative to the setting the boundary line 
 between that Province and Quebec; By which report i f 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 
 
213 
 
 conformable to the limits laid down in Lis Majesty's pr i ! on of October 1763 appendix. 
 
 and ii having been ascertained and determined In proper observations where the said No ' ~ 6 ' 
 
 line would pass il is therefore proposed that these proceedings above stated .should be r,„ „,, be 
 
 confirmed by His Majesty His Majesty taking the said report into consideration was and ane^ec 
 pleased with the advice of his privy Council to approve thereof and doth hereby Con- onici in coum u, 
 firm the said proceedings al)ove stated and order that the said line of Division be run 
 out and continued as far as each Province respectively extends Provided that nothing 
 herein before contained shall extend to affect the properties of His Majesty's new 
 subjects having possessions under proper titles on those parts of the lands on the South 
 side of this line the dominion of which was not disputed on the part of the Crown of 
 Great Britain and Provided also that this determination shall not operate wholly to 
 deprive his Majesty's new subjects of such concessions on the South side of the said 
 line on which they may have made actual settlement and improvement although the 
 Lands may have been disputed by the Crown of Great Britain but that such posses- 
 sors shall be entitled to so much of the said concessions as shall be proportioned to 
 their improvements at the rate of fifty ocres for every three acres of improvement 
 Provided they take out grants for the same under the Seal of the Province of New 
 York subject to the usual quit rents and Provided also that the grant to no one per- 
 son shall exceed twenty thousand acres and the Governors or Commanders in Chief of 
 His Majesty's said Provinces of New York and Quebec for the time being and all 
 others whom it may concern are to take notice of His Majesty's pleasure hereby sig- 
 nified and govern themselves accordingly. 
 
 STEPHEN COTTRELL. 
 State of New York-, 
 
 Secretary's Office. 
 1 certify the prcceding'to be a true Extract from the Council Minutes of the Colony 
 of New York, deposited in this office. 
 
 In testimony whereof I have hereunto affixed the Seal of this Office, at 
 [l. s.] the City of Albany, the oOth day of September, 182S. 
 
 ARCI1D. CAMPBELL, 
 
 Bep. Secretary. 
 
 By Nathaniel Pitcher, Lieutenant Governor of the State of New York, acting as 
 
 Gore/nor of I lie said State: 
 
 It is hereby certified that the preceding attestation is in due form, and by the pro- 
 per officer. 
 
 In testimony whereof, I have hereunto affixed the Great Seal of this 
 [l.s.] State. Witness my hand at the City of Albany, the 30th day of 
 
 September, 182S. 
 
 NATHANIEL PITCHER. 
 
 COPY OP A. LETTER 
 
 FROM GOVERNOR TRYON TO THE SURVEYOR GENERAL— DECEMBER 30, 1771. 
 
 Fort George, New York, 
 
 30M December, 1771. 
 
 Sir: The Commissioners formerly appointed for running the Partition Line be- Letter from Gov. 
 
 . „ , . Tl - V "" " ,l!: * ur - 
 
 yoi General. 
 auili Dec. 1771. 
 
 tween this Government and the Province of Canada having proceeded only twenty v< 
 
 54* 
 
214 
 
 Appendix, miles of the distance, and it being necessary that some other person should be ap- 
 
 No. 26. pointed in the room of Mr. Benzcll that the same may be fully extended between 
 
 Boundary be- the two Governments, the nature of your office as Surveyor General of the Province 
 
 andttuebe! "' points you out to me as the propcrest person to be nominated on the part of this Go- 
 
 i..it,i ii .m Gov. vernment, to perform that essential and important service 1 am therefore to desire 
 
 feyor General, you to attend at Col. Christy's, on the River Cole, on the first day of March next. 
 
 KM Dec 1771. J . , , ... , . ' 
 
 with such assistants and attendants only as will be necessary lor extending the divi- 
 sional Line to the Western Banks of Connecticut River, in conjunction with the Com- 
 missioner named by the Government of Canada, who has directions to meet you at 
 Col. Christy's house with provisions and other necessaries for proceeding without de- 
 lay on the survey agreeable to His Majesty's pleasure concerning the limits of the 
 two Governments. 
 
 I am, Sir, 
 
 Your most obedient servant, 
 
 WILLIAM TRYON. 
 Alexander Colden, Esquire, Surveyor General. 
 
 State of New York, 
 
 Secretary's Office. 
 I certify the preceding to be a true copy of an original letter on file in this office. 
 In testimony whereof, I have hereunto affixed the seal of this Office, at 
 [l. s.] the City of Albany, the 30th day September, 1828. 
 
 ARCHIBALD CAMPBELL, 
 Deputy Secretary. 
 
 By Nathaniel Pitcher, Lieutenant Governor of the State of New York, acting 
 
 as Governor of the said State: 
 
 It is hereby certified that the preceding copy is attested in due form, and by the 
 proper officer. 
 
 In testimony whereof, I have hereunto affixed the Great Seal of this State. 
 [h. s.] Witness my hand at the City of Albany, the 30th day of September, 
 1828. 
 
 NATHANIEL PITCHER. 
 
 COPY OF A LETTER 
 
 PROM GOVERNOR TRYON TO A. COLDEN, SURVEYOR GENERAL— JANUARY 7, 1772. 
 
 Fort George, New York, 
 
 1th January, 1772. 
 
 Leuerfrom r.nv. £.„. t( was f r0 m the sense I had of the duty of your office, as well as the favoura- 
 
 Tryon to Ihe Sur- »-""• J J 
 
 V jan[ ^njjs ble opinion I entertain of you, that occasioned me to desire you to attend in person 
 the running of the partition line between this Government and the Province of 
 Canada. 
 
 However, as you inform me by your letter of yesterday, that jour precarious state 
 of health obliges you to request of me to excuse your going on that business, I am to 
 direct you to order some sufficient deputy to carry on that important service agreeable 
 to the tenor of His Majesty's instructions, and the directions contained in my letter 
 
215 
 
 to you of the 30th of December last. Punctuality in your Deputy in meeting the Jlppendix.- 
 Commissioner from Canada, on the first of March next, at the rendezvous appointed, N " 26 ' 
 is indispensably necessary. Boundary De . 
 
 T nm c;_ tween New York 
 
 I am, .">ir, andauebec. 
 
 Vour very obedient servant, Leuerfrom r.cv. 
 
 WILLIAM TRYON. jjgf^ 
 A. Colden, Esquire, Surveyor General. 
 
 State op New York, 
 
 Secretary's Office. 
 I certify the preceding to be a true copy of an original letter on file in this office. 
 In testimony whereof, I have hereunto affixed the seal of this office at 
 [l. s.] the City of Albany, the 30th day of September, 1S28. 
 
 ARCHIBALD CAMPBELL, 
 
 Deputy Secretary. 
 
 By Nathaniel Pitcher, Lieutenant Governor of the State of New York, acting as 
 
 Governor of the said State: 
 It is hereby certified that the preceding copy is authenticated in due form, and by 
 the proper officer. 
 
 In testimony whereof, I have hereunto affixed the Great Seal of this State. 
 [l. s.] Witness my hand at the City of Albany, the 30th day of September, 
 1828. 
 
 NATHANIEL PITCHER. 
 
 COPY OP A LETTER 
 
 KROM GOV. TRYON TO ALEXANDER COLDEN, SURVEYOR GENERAL— JAN. 30, 1772. 
 
 Fort George, New York, 
 
 30M January, 1772. 
 
 Sir: In consequence of the Commission you have received from me for running the Letter from got. 
 Partition line between this Government and the Province of Quebec, You will please vey» General. 111 '' 
 
 i i . -ii i/- iv ■ . -r. ■ . 30ih Jauuary,1772. 
 
 to observe that you are required by yourself or your sufficient Deputy to repair by the 
 first day of March next to the house of Collonel Christy on the River Cole about two 
 leagues to the northward of Point Moore, taking with you such assistants and attend- 
 ants as will be requisite for extending the said line in conjunction with the Surveyor 
 (or Commissioner) and his attendants appointed by the Government of Quebec who 
 will meet you there, with provisions and necessaries for proceeding without delay 
 to the place where the Surveyors (or Commissioners) stopped the last fall. 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 Forty-Fifth degrees of Northern 
 Latitude, but if such main branch shall be found not to extend Northward so far as the 
 Latitude of Forty-Five then to run a perpendicular from the northermost 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 distance of every three 
 miles laying together a large heap of stones and cutting a few knotches on the trees 
 
21 G 
 
 appendix, nighest each pile of stones. It is of the utmost consequence that you should not stop 
 
 N "- J(5 ' at anv water course short of the aforementioned main branch of Connecticut i iver and 
 
 Boundarj be- it is "only by adhering to these Instructions that you can answer the just expectations of 
 
 '"' k the public from whom you are to receive your reward for performing this important 
 
 Letier^m Gov. service. You are to return to me a Map with a Field book of the survey, in which 
 
 vé?or D Gènerai. ul h ok vou are to take notice of all remarkable waters you cross, minuting also the 
 
 January 110, 177-2. * , . c » n 
 
 courses and distances of the marked trees near the monuments oi 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. 
 
 I am Sir, Your most Obedient Servant, 
 
 WM. TYRON. 
 Alexander Golden, Esquire, Surveyor General. 
 
 State of New York, 
 
 Secretary's Office. 
 
 I certify the preceding to be a true copy of a certain Original instrument in writing 
 on file in this office. 
 
 In testimony whereof, I have hereunto affixed the seal of this office, at the City 
 of Albany, the 30th day of September, 1828. 
 |- L> s ] ARCHD. CAMPBELL, 
 
 Dep. Secretary. 
 
 By Nathaniel Pitcher, Lieutenant Governor of the State of New York, acting as 
 
 Governor of the said State: 
 It is hereby certified that the preceding copy is authenticated in due form, and by 
 the proper officer. 
 
 In testimony whereof, I have hereunto affixed the Great Seal of this State. Wit- 
 [l. a.] ness my hand, at the City of Albany, the 30th day of September, 1828. 
 
 NATHANIEL PITCHER. 
 
 COPY OP A LETTER 
 
 FROM THOMAS VALENTINE— FEBUUAKY 3, 1772. 
 
 maVvS ! I, '.','.' ';: Sir: As Canada is bounded on the South by " a line drawn from the South end of 
 February, 1772. Lake jjipissim crossing the River St. Lawrence and Lake Champlain in forty five de- 
 grees of Northern Latitude and thence passing along the Highlands which divides the 
 rivers that empty themselves into the said River St. Lawrence from those which fall 
 into the Sea," I am apprehensive that the Highlands aforesaid have a different bear- 
 ing from the course of the Line to be run for the northern bounds of this Province, and 
 that the Surveyor on the part of Quebec Government, will not proceed farther than 
 where he meets the highlands or comes to the heads of the rivers above described. I 
 therefore request that when my Instructions are making out for the running of the said 
 line that you may direct how I shall act in that case. Also whether the said line shall 
 be continued West from Point Moore to the River St. Lawrence as 'tis highly that the 
 Government of Quebec want to have the Southern bounds of that part of their Province 
 ascertained. 
 
 I am Sir, Your most Obed't humble Servant, 
 
 THO: VALENTINE. 
 New York, February 3d, 1772. 
 
217 
 
 State op New York, Appendix. 
 
 Secretary's Office. N o - 26 - 
 
 I certify the preceding to be a true copy of an original letter on file in this office. Boundary i>. 
 In testimony whereof, I have hereunto affixed the seal of this office, at the City auu'uu.u" 
 [l. s.] of Albany, the 30th day of September, 1828. 
 
 ARCHD. CAMPBELL, 
 Dep. Secretary. 
 
 By Nathaniel Pitcher, Lieutenant Governor of the State of New York, acting an 
 
 Governor of the said State: 
 
 It is hereby certified that the preceding copy is attested in due form, and by the pro- 
 per officer. 
 
 In testimony whereof, I have hereunto affixed the Great Seal of this State. 
 [l. s.] Witness my hand at the City of Albany, the 30th day of September, 1S28. 
 
 NATHANIEL PITCHER. 
 
 COPY OF A LETTER 
 
 FROM THOMAS VALENTINE— AUGUST 16, 1772. 
 
 Sir: Having occasion to send a man to Montreal, I take that opportunity of inform- L(,, <" from T»- 
 
 ° rr . J ma" Val. 'mine. 
 
 ing you that we have continued the Line to the Eastward of Lake Mamraabagact, and wio August, ira. 
 are now about fifty-six miles from Lake Champlain. The part of the country that 
 the line passes over is very mountainous, indeed it is the very heighth of the land, 
 and the weather for sometime past, has been uncommonly windy and wet, which to- 
 gether with the difficulty of getting the provisions forward, has retarded us a great 
 deal. But let what difficulties or hardships soever attend it, I, on my part, am deter- 
 mined, (though I have never been able to recover from a violent cold I took on my 
 first passing Lake Champlain) not to leave the woods till the survey is completed. I 
 request you may please to inform the Governor what I have wrote you, as we have 
 not as much paper fit to use, as would contain a few lines to His Excellency. 
 
 I am, Sir, 
 
 With the most unfeigned respect, 
 
 Your most obedient humble servant, 
 THOMAS VALLENTINE. 
 August 16, 1772. 
 
 State of New York, 
 
 Secretary's Office. 
 
 I certify the preceding to be a true copy of an original letter on file in this office. 
 In testimony whereof, I have hereunto affixed the seal of this office, at 
 [l. s.] the City of Albany, the 30th day of September, 1S28. 
 
 ARCHIBALD CAMPBELL, 
 
 Deputy Secretary. 
 
 Bij Nathaniel Pitcher, Lieutenant Governor of the Stale of New York, acting 
 
 as Governor of the said State: 
 It is hereby certified that the preceding copy is attested in due form, and by the 
 proper officer. 
 
 In testimony whereof, I have hereunto affixed the Great Seal of this State. 
 ft. s.] Witness my hand, at the City of Albany, the 30th day of September, 
 1828. 
 
 NATHANIEL PITCHER. 
 55* 
 
218 
 
 Appendix. COPY Or A LUTTES 
 
 No. 26. 
 
 Boundary be- 
 tween New York 
 »nd Qut-bec. 
 
 Letter from John 
 Collins to the Sur- 
 veyor General 
 October 1, 1772. 
 
 FROM JOHN COLLINS TO THE SURVEYOR GENERAL— OCTOBER 1, 1772. 
 
 Boundary on Connecticut River, 
 
 October 1st, 1772. 
 
 Dear Sir: I have the pleasure to auquaint you that the Division Line between your 
 
 Province and that of Quebec, terminates two miles and five eighths of a mile upon a 
 
 direct line above the mouth of Hulls Brook, distance ninety mile and one fourth of a mile 
 
 from the Boundary fixed on Lake Champlain. Time will not permit me to say more, 
 
 but that 
 
 I am, with great esteem, dear Sir, 
 
 Your most faithful and most obedient humble servant, 
 
 JOHN COLLINS. 
 To Alex. Coulding, Esquire. 
 
 State of New York, 
 
 Secretary'' s Office. 
 I certify the preceding to be a true copy of an original letter on file in this office. 
 In testimony whereof, I have hereunto affixed the seal of this office, at 
 [l, s.] the City of Albany, the 30th day of September, 1828. 
 
 ARCHIBALD CAMPBELL, 
 Deputy Secretary. 
 
 By Nathaniel Pitcher, Lieutenant Governor of the State of New York, acting 
 as Governor of the said State: 
 It is hereby certified that the preceding copy is attested in due form, and by the pro- 
 per officer. 
 
 In testimony whereof, I have hereunto affixed the Great Seal of this State. 
 [l. s.] Witness my hand at the City of Albany, the 30th day of September, 
 1828. 
 
 NATHANIEL PITCHER. 
 
 COPT OF A LETTER 
 
 FROM THOMAS VALENTINE TO ALEXANDER COLDEN— OCTOBER 22, 1772. 
 
 Sir, 
 Letter nom Tho- * ta ^ e * ne ear l> est opportunity of informing you that we reached the main Branch 
 Octohtr»iT7«. of Connecticut River on the last day of September; the whole distance from where 
 the survey began is ninety and a quarter miles. On the west bank of the river we 
 put up a squared Post and laid a quantity of stones about it, and had all the Trees and 
 Bushes for some distance around it cleared away to render it more conspicuous; we 
 returned by the river St. Francois and arrived here on Sunday last. All possible 
 expedition shall be used to prepare a Map, copy our Field book, and settle the 
 accounts. And I hope to be ready to return before the severe weather sets in. The 
 Abeuaku Savages are much displeased with the Course of the Line, say their Hunting 
 
219 
 
 Grounds are encroached on, and pulled down a Post that we erected on the East appendix. 
 Bank of the Lake Mamraabagak; the offenders remain undiscovered or I would have No ' 26 ' 
 them punished, and will use my utmost industry to find them out as it may have bad Boundary be- 
 
 . tween Niw York 
 
 consequences if suflered to pass unnoticed. and Quebec. 
 
 I am, Sir, Letter from Thu 
 
 ' mas Valentine. 
 
 Your most obedient humble servant, October», 177e. 
 
 Quebec, 22 Octr. 1772. THO. VALENTINE. 
 
 Alex. Colden, Esq. 
 
 State of New-York, 
 
 Secretary's Office. 
 I certify the preceding to be a true copy of an original letter on file in this office. 
 In testimony whereof I have hereunto affixed the Seal of this office, at the 
 [l. s.] City of Albany, the 30th day of September, 1828. 
 
 ARCH'D CAMPBELL, 
 
 Dep. Secretary. 
 
 By Nathaniel Pitcher, Lieutenant Governor of the State of New-York, acting as 
 
 Governor of the said State: 
 It is hereby certified, that the preceding copy is attested in due form, and by the 
 proper Officer. 
 
 In testimony whereof, I have hereunto affixed the Great Seal of this State. 
 ïl. s.] Witness my hand, at the City of Albany, the 30th day of September, 1828. 
 
 NATHANIEL PITCHER. 
 
 EXTRACT 
 
 FROM THE COUNCLL. MINUTES, DATED JUNE 26, 1773. 
 
 At a Council held at Fort George in the City of New-York on Saturday the twenty- Eitract from the 
 
 . . c r , »t*t .i Coun il Minutes of 
 
 Sixth day Ol June 1773 New York. June 
 
 „ 26, 1773. 
 
 Present, 
 His Excellency William Tryon Esquire Captain General &c 
 
 Mr Watts Mr Smith 
 
 Mr De Lancey Mr Wallace 
 
 Mr Cruger Mr White 
 
 His Excellency laid before the Board Lieutenant Governor Cramahe's Letter of 
 the 5th instant with Lieutenant Hope's Certificate shewing that Mr Valentine's Indis- 
 position will probably prevent the running of the Line between this and the Province 
 of Quebec on the Westerly side of Lake Champlain and required the opinion of the 
 Council as to the steps proper to prevent a Disappointment in this service and all 
 unnecessary Expence. And thereupon the Council advised his Excellency to certify 
 the Surveyor General of Mr. Valentine's Indisposition that he may make immediate 
 provision for the supply of Mr. Valentine's place either by his own attendance or by 
 some able Deputy to be approved of by His Excellency and were also further of 
 opinion that his Excellency write to Mr. Cramahe earnestly urging the finishing of 
 this Work without further delay by Mr Collins and sueh surveyor as may attend on 
 
220 
 
 appendix, the Part of this Province or by any other person to be appointed in Mr Collin's stead 
 
 No. 26. ifhis olner Engagements prevent his assisting in the Work and the rather because it 
 
 bJ^Tv b* may be doubted if it is unfinished this year whether the Assembly of this Province 
 
 iSHUSEL™ 1 can be persuaded to make any farther Provision for a service which has already been 
 
 so expensive. 
 
 State op New York, 
 
 Secretary' 1 s Office. 
 I certify the preceding to be a true Extract from the Council Minutes of the Colony 
 
 of New-York. 
 
 In Testimony whereof I have hereunto affixed the Seal of this Office, at the 
 [l. s.] City of Albany, the 30th day of September, 1828. 
 
 ARCH'D CAMPBELL, 
 
 Dcp. Secretary. 
 
 By Nathaniel Pitcher, Lieutenant Governor of the State of New- York, acting as 
 
 Governor of the said State: 
 It is hereby certified that the preceding copy is attested in due form, and by the 
 proper officer. 
 
 In testimony whereof, I have hereunto affixed the Great Seal of this State. 
 [l. s.] Witness my hand, at the City of Albany, the 30th day of September, 1828. 
 
 NATHANIEL PITCHER. 
 
 DEPUTATION 
 
 TO CLAUDE JOSEPH SAUTH1ER..AS SURVEYOR— JULY 2, 1773. 
 
 Deputation to c.J. Whereas by virtue of the power granted me in a commission under the Great 
 M July, 1773. Sea | o j. t [ )C p rovmce of New York bearing date the twenty-third day of January, 
 1772, I deputed Mr. Thomas Valentine, to act as Surveyor on the part of the Pro- 
 vince of New York in conjunction with the Surveyor that was or should be appoint- 
 ed on the part of the Province of Quebec for running, marking, ascertaining and dis- 
 tinguishing the Division line between the said Provinces. His Excellency Governor 
 Tryon on the 26th day of last month, laid before his Majesty's Council for the Pro- 
 vince of New York a letter from Lieut. Governor Cramahe, and a certificate from 
 Lieut. Hope, Surgeon of the 52d regiment, shewing that the said Thomas Valentine's 
 indisposition would probably prevent the running of the line between this and the 
 Province of Quebec on the westerly side of Lake Champlain. That Honorable 
 Board to prevent a disappointment in this service and all unnecessary expence advise 
 his Excellency to certify to me Mr. Valentine's indisposition that I might make im- 
 mediate provision for the supply of Mr. Valentine's place either by my own attend- 
 ance or by some able Deputy to be approved of by his Excellency. I have therefore 
 with the approbation of his Excellency constituted and appointed, and by these pre- 
 sents do constitute and appoint Mr. Claude Joseph Sauthier my deputy in the stead 
 and in place of the said Thomas Valentine to act as Surveyor on the part of the Pro- 
 vince of New York in conjunction with the Surveyor that is or shall be appointed on 
 the part of the Province of Quebec to run, mar!-: out, ascertain and distinguish the said 
 division line on the westerly side of Lake ^namplain pursuant to such instructions as 
 
«221 
 
 he my said Deputy Mr. Claude Joseph Sauthier shall receive from liis Excellency Appendix. 
 Gov. Tryon, or from the Governor or Commander in Chief of the Province of Now No ' ~ 6- 
 York for the time being. Given under my hand and seal at New York this second Boundary be 
 
 , /• I 1 i --.-> '"' ' " Nl " > Of* 
 day 01 July, I I to. ; Quebec. 
 
 ALEX: GOLDEN, D( ,„„„„,■,. 
 
 Surveyor General. $a! ,ler - ■"">' 2 ' 
 
 State of New York, 
 Secretary's Office. 
 I certify the preceding to be a true copy of a certain original instrument in writing 
 on file in this Office. 
 
 In testimony whereof, I have hereunto affixed the Seal of this Office, at 
 [l. s.] the City of Albany, the thirtieth day of September, 1S28. 
 
 ARCHIBALD CAMPBELL, 
 
 Deputy Secretary. 
 
 By Nathaniel Pitcher, Lieutenant Governor of the State of New York, acting as 
 
 Governor of the said State: 
 
 It is hereby certified, that the preceding copy is authenticated in due form, and by the 
 proper officer. 
 
 In testimony whereof, I have hereunto affixed the Great Sea! of this State, 
 [l. s.] at the City of Albany, the thirtieth day of September, 1S2S. 
 
 NATHANIEL PITCHER. 
 
 EXTRACT 
 
 FROM THE JOURNAL OF THE GENERAL ASSEMBLY— FEBRUARY 17, 1774. 
 
 Extract from the Journal of the Votes and Proceedings of the General Assembly 
 
 of the Colony of New York. 
 
 Die .Invis 10 ho: A. VI. tlie 17th February, 1774. 
 
 A Message from his Excellency the Governor, by Colonel Edmund Fanning, his Extract from the 
 
 Journal of the Ge- 
 
 pnvate Secretary: nerai uaembiy of 
 
 1 ' New York. Feb- 
 
 Gentlemen: Since my last message to you I have received a letter from Mr. Collins the IU " yl7 > 1774 - 
 Surveyor on 'he p;irl of Quebec, for running the partition line between that Province and 
 Nf v Fork, with copies of the accounts of that service as settled by the Government 
 of Quebec, whereby it appears that he has made a claim against this Province for only 
 ten poinds eighteen shillings and six pence Halifax money. You will perceive how- 
 ever that Mr. Collins has credited this Government with a larger sum by Mr. Sauthier 
 than what was actually advanced by him; consequently there must bean error in that 
 article of Mr. Collins account. The overture made by Mr. Collins to complete the 
 extension of the boundary line to Lake St. Francois as the surveyor for both Provin- 
 ces for the sum of one hundred pounds sterling, is thought a reasonable proposition by 
 the Government of Quebec, and I esteem it worthy of your consideration. Mr. Col- 
 lins being in my opinion a gentleman in the integrity of whose conduct in the faithful 
 performance of that service an entire confidence may be placed. The accomplishment 
 of it would effectually prevent all further trouble or controversy about the boundary 
 between the two governments. 
 
 WM. TRYON. 
 New York, \llh February, 1774. 
 
 56* 
 
222 
 
 . ïppendix. State op New York. 
 
 No. 26. Secretary's Office. 
 
 „„,,„,, bc _ I certify the preceding to be a true extract from the Journal aforesaid, deposited in 
 
 nvei ii New Tortc f i • n iv.. 
 
 .\«i Quebec. tn >s Ollice. 
 
 In testimony whereof I have hereunto affixed the seal of this office, at the 
 [l. s.] City of Albany, the 30th day of September, 1828. 
 
 ARCHIBALD CAMPBELL, 
 Deputy Secretary. 
 
 By Nathaniel Pitcher, Lieutenant Governor of the State of New York, acting 
 
 as Governor of the said State: 
 
 It is hereby certified that the preceding copy is attested in due form and by the pro- 
 per officer. 
 
 In testimony whereof, I have hereunto affixed the Seal of this office. Wit- 
 [l. s.] ness my hand, at the city of Albany, the 30th day of September, 1S2S. 
 
 NATHANIEL PITCHER. 
 
 EXTRACT 
 
 JfROM AN ACT OF MARCH 19, 1774. 
 
 An Act for the payment of /he Salaries of the several Officers of this Colony and 
 other purposes therein mentioned. 
 
 Enract of an Act Be it enacted by his Excellency the Governor the Council and the General Assem- 
 bly and it is hereby enacted by the Authority of the same That the Treasurer of this 
 Colony shall and hereby is directed and required to pay, 
 
 Unto his Excellency William Try on Esquire or the Commander in Chief for the 
 time being for firewood and candles for his Majesty's Fort George in the City of New 
 York from the first day of September one thousand seven hundred and seventy three 
 to the first day of September one thousand seven hundred and seventy four after the 
 rate of four hundred pounds per annum. 
 
 Unto his said Excellency for purchasing Gunpowder for the use of Fort George and 
 the Battery in the City of New York the sum of one hundred pounds. 
 
 Unto his said Excellency for monies paid by him to the surveyors which have been 
 employed on the part of this Colony to run out and mark the partition Line between 
 this Colony and the Colony of Quebec as per account the sum of three hundred and 
 thirty one pounds three shillings and nine pence. 
 
 Unto Mary Valentine relict and executrix of Thomas Valentine Surveyor deceased 
 in full for his services and expenses in running in part the partition line between this 
 Colony and the Colony of Quebec the sum of three hundred pounds. 
 
 Unto Claude J. Sauthier Surveyor for the balance of his account of days wages and 
 expenses in running and marking part of the line of partition between this Colony and 
 the Colony of Quebec the sum of seventy seven pounds seven shillings. 
 
 Unto John Collins of Quebec Surveyor a balance due to him as per his account of 
 expenses accrued in running the Quebec line the sum of seven pounds thirteen shillings 
 and six pence. 
 
 City of New York the 17th day of March 1774 in the fourteenth year of his Majes- 
 ty's reign. General Assembly for the Colony of New York, This Bill having been read 
 three times Resolved that the Bill do pass. By order of the General Assembly. 
 
 JOHN CRUGER, Speaker. 
 
223 
 
 Assembly Chamber City of New York Die Jovis the I7fh March 1774 — This Bill Jîppendix. 
 being passed ordered that Col Seaman and Mr Boerum do carry the Bill to the Council No ' 2G# 
 and desire their Concurrence therein. By Order of the General Assembly. p.n,„„inry t>.-. 
 
 „ „ „ , tween New Vurk 
 
 EDM'D. SEAMAN, Clerk. »»dOueb«. 
 
 Extract nf an Art 
 oi' Maich 19,1774 
 
 Council Chamber City of New York 17th March 1774. This Bill was then read the 
 first time and ordered a second reading. March 17th P. M. Read the second time and 
 committed. March ISth Reported without amendment and Read the third time and. 
 passed. 
 
 GEO: BANYAR, D. CI. Con. 
 
 City of New York 19th day of March 1774. I assent to this Bill enacting the same 
 and order it to be Enrolled. 
 
 WM. TRYON. 
 
 State of New York, 
 Secretary ' s Office. 
 I certify the preceding to be true Extracts from an original Law on file in this Office. 
 In testimony whereof, I have hereunto affixed the Seal of this Office at the 
 [l. s.] City of Albany, the 30th day of September, 1S28. 
 
 ARCHIBALD CAMPBELL, 
 
 Deputy Secretary. 
 
 By Nathaniel Pitcher, Lieutenant Governor of the Stale of New York, acting 
 
 as Governor of the said State: 
 
 It is hereby certified, that the preceding Copy is attested in due form, and by the 
 proper Officer. 
 
 In testimony whereof, I have hereunto affixed the Great Seal of this State. 
 [l. s.] Witness my hand, at the City of Albany, the 30th day of September, 
 1S28. 
 
 NATHANIEL PITCHER. 
 
 EXTRACT 
 
 FROM THE JOURNAL OF THE GENERAL ASSEMBLY— MARCH 28, 1775. 
 
 Extracts from the Journal of the votes and proceedings of the General assembly 
 of the Colony of New York: Die Marti», 10 ho. Jî. M. the 28th March,. 1775. 
 
 A Message from his Honor the Lieutenant Governor by Mr. Bayard Deputy See- Extract from »ie- 
 
 ... J r J Journal oftheGe- 
 
 retarv and the same being read, is in the words following viz. nerai Assembly of 
 
 J ° ' & New York. March 
 
 Gentlemen: *' 1775 ' 
 
 By desire of Governor Tryon, I last Spring sent Mr. Collins the Deputy Surveyor 
 General of the Province of Quebec a Copy of the resolve of your house that you would 
 make provision for paying fifty pounds sterling for completing the line between this 
 province and the Province of Quebec Mr Collins by his letter of the 24th of Novem- 
 ber last informed me that he had completed the work; that the distance being greater 
 than was expected had occasioned a greater expense than was foreseen and that of con- 
 
224 
 
 Appendix, sequence hewas liable to be a considerable loser by the service which he had undertaken 
 
 ' No 26. for , lle Government unless some further allowance was made for his disbursements. 
 
 Bo1IiId~~ be- With his letter of the 28th of February Mr Collins has sent me an account of his dis- 
 
 ï35£ Tort bursements and has drawn upon me for the fifty pounds sterling which cannot be paid 
 
 EitracT^on. .he till an act is passed for the purpose. I send to you the letters and accounts that you may 
 
 Joilliinl of the Ge- . . 
 
 nerai Assemwv "i ma k the necessary provision. ___ „ „ 
 
 NewYork.March maKeuie Jl CADWALLADER COLDEN. 
 
 28, 1775. 
 
 New Fork, 28th March, 1775. 
 
 State or New York, 
 
 Secretary- s Office. 
 I certify the preceding to be a true Extract from the Journal aforesaid, deposited in 
 this Office. 
 
 In testimony whereof, I have hereunto affixed the Seal of this Office, at the 
 [l. s.] City ol Albany, the 30th day of September, 182S. 
 
 ARCHIBALD CAMPBELL, 
 
 Deputy Secretary. 
 
 By Nathaniel Pitcher, Lieutenant Governor of the State of New Yor Ay acting as 
 
 Governor of the said State. 
 It is hereby certified, that the preceding Copy is attested in due form, and by the 
 proper Officer. 
 
 In testimony whereof, I have hereunto affixed the Great Seal of this State. 
 [l.s.] Witness my hand at the City of Albany, the 30th day of September, 
 
 NATHANIEL PITCHER. 
 
 EXTRACT 
 
 FROM AN ACT DATED APRIL 1, 177». 
 
 Jin act for the payment of the Salaries of the several officers of this Colony and 
 other purposes therein mentioned. 
 Eitraci fromiin y} e ; t Enacted by his Honor the Lieutenant Governor, the Council and the General 
 
 Act ol hisi Apul •* 
 
 1775 - Assembly and it is hereby Enacted by the authority of the same That the Treasurer 
 
 of this Colony shall and hereby is directed and required to pay, 
 
 Unto his Honor the Lieutenant Governor or the Commander in Chief for the time be- 
 ing for administering the government of this Colony from the seventh day of April last 
 to the first day of September one thousand seven hundred and seventy-five after the 
 rate ol two thousand pounds per annum. 
 
 Unto John Collins for completing the Extension of the boundary line between this 
 Colony and the Province of Quebec to Lake St. Francois agreeable to a resolution of 
 this Ilou.se the sixteenth of March last the sum of eighty-five pounds. 
 
 City of New York the 30th day of March 1775 in the fifteenth y< ar of his Majesty's 
 Reign. <', :neri I Assi mbly for the Colony of New York. This Bill having been read 
 three limes Resolved that the Bill do pass. By order of the General Assembly. 
 
 JOHN CRUGER, Speaker. 
 
225 
 
 Assembly Chamber City of New York Die Jovis the 30th March 1775. This Bill Jlppendix. 
 being passed, Ordered that Mr. Wilkins and Mr. Billopp do carry the Bill to the N "' 26 " 
 Council and desire their concurrence thereto. By order of the General Assembly. Boundary bc- 
 
 EDMD: SEAMAN, Clk. anaauebec. 
 
 Extract from an 
 
 Council Chamber City of New York 30th March 1775. This Bill was then read the wsf '" sl Al ""' 
 first time and ordered a second reading. March 31st Read the second time and order- 
 ed to be committed. Reported without amendment and ordered a third reading. April 
 1st Read the third time and passed. 
 
 SAMUEL BAYARD, Junr. D. C. Con. 
 
 City of New York 1st day of April 1775. I assent to this Bill Enacting the same and 
 order it to be enrolled. 
 
 CADWALLADER COLDEN. 
 
 State of New York, 
 Secretary's Office. 
 I Certify the preceding to be a true Extract from an original law on file in this office. 
 In testimony whereof I have hereunto affixed the Seal of this Office, at 
 [l. s.] the City of Albany, the 30th day of September, 1828. 
 
 ARCHD. CAMPBELL, 
 Dep. Secretary. 
 
 By Nathaniel Pitcher, Lieutenant Governor of the State of New York, acting an 
 
 Governor of the said State: 
 
 It is hereby Certified that the preceding Copy is authenticated in due form, and by 
 the proper Officer. 
 
 In testimony whereof I have hereunto affixed the Great Seal of this. 
 [l. s.] State. Witness my hand at the City of Albany, the 30th day of Sep- 
 
 tember, 1S2S. 
 
 NATHANIEL PITCHER. 
 
 57* 
 
APPENDIX, No. XXVII. 
 
 EXTRACTS 
 
 THE COUNCIL MINUTES OF NEW YORK, 
 
 21st August, 1771, 22d January, 1772, 29th July, 1772, 21st August, 1772, 16th December, 177?, 
 
 5th April, 1773, 1st December, 1773. 
 
 Appendix. At a Council held at Fort George in the City of New York, on Wednesday the 21st 
 No. 27. day of August, 1771, 
 
 Extracts from the Present, 
 
 «r New York. His Excellency William Tryon, Esquire, Captain General, &c 
 
 ■51st August, 1771. Mr. Watts, Mr. Cruger, 
 
 Mr. De Lancey, Mr. Wallace, 
 
 Mr. Morris, Mr. White, 
 
 Mr. Smith, Mr. Axtell. 
 
 His Excellency communicated to the Council the letter to the Commander in Chief of 
 Quebec, in which he intended to inclose printed copies of the proclamation issued pursu- 
 ant to their advice on the 14th instant relative to the grants of Land made by the 
 French on Lake Champlain, desiring he would be pleased to, order the said proclama- 
 tion to be dispersed and made known in his Government, and give him such informa- 
 tion whereby His Excellency may be enabled to judge of the validity of such grants: 
 which letter was read and approved of. 
 
 A letter of the 30th July last was read from Adolphus Bauzell, Esquire, acquaint- 
 ing His Excellency that himself and Mr. Collins, Deputy Surveyor General of Que- 
 bec, had appointed the 10th or 12th of this month to begin running the line of parti- 
 tion between the two Provinces. 
 
 Ordered, That the Clerk of this Board acknowledge the receipt of the above letter; 
 and acquaint Mr. Bauzell by letter that his Excellency recommends the marking and 
 distinguishing the Line so as that it may be easily discovered and traced on future oc- 
 casions: and that he accompany his return to His Excellency with a copy of his field 
 book, enriched with such remarks as he shall think worthy of observation. 
 
 sMjon. ITT. 
 
 January 22, 1772: 
 His Excellency William Tryon, Esquire, Captain General, &.c. &c. 
 Mr. Horsmanden, Mr Smith, 
 
 Mr. Watts, Mr. Cruger,. 
 
 - Mr. De Lancey, Mr. Wallace, 
 
 Mr. Apthorp, Mr. White, 
 
 Mr. Morris, Mr. Axtell. 
 
 His Excellency laid before the Board the draft of a commission authorizing Alexan- 
 der Colden, Esquire, Surveyor General of this Province, by himself or his sufficient 
 
227 
 
 Deputy, in conjunction with the Surveyor General already or which shall hereafter he Appendix. 
 appointed on the part of the Colony of Quebec, to run, mark, ascertain, and distin- 
 guish the partition line between the said two Provinces, as far as each respective Pro- Extmcu mm the 
 
 © ' ... Council Minutes 
 
 vince extends And the draft being read, and a clause added thereto, enjoining the or New v.irk. 
 Surveyor General or his Deputy to observe and perform such instructions as shall be *- d Januar ^ nT - 
 given by the Governor or Commander in Chief for the time being, 
 
 The same was approved of, and Ordered that the same pass the Great Seal accord- 
 ingly. 
 
 At a Council held at Johnson's Hall, in the county of Tryon, en Wednesday the 
 twenty-ninth day of July, 1772, aw. July, 1: 
 
 Present, 
 His Excellency William Tryon, Captain General, &c. &c. 
 The Honorable Sir William Johnson, Baronet, 
 Mr. De Lancey. Mr. White. 
 
 His Excellency next laid before the Board a letter he had received from Thomas 
 Valentine, dated the River Le Cole, 11th July, 1772, in the following words: 
 May it please your Excellency: 
 
 We set out from Quebec the 20th of June, took the stores we wanted from Three 
 Rivers, called at St. Francois in our way with intent to send part of our provisions up 
 that River, but received information that we could as easily transport them up Mis- 
 siskoi river, which we rather chose, as it is not safe to intrust them in the hands of 
 savages. 
 
 We depart hence immediatelv and hope to be able to complete in two months if no 
 accident happens: And if your Excellency proposes to have the Line continued to 
 the river Saint Lawrence, it can be clone this fall at a much less expense than if post- 
 poned to another season. I expect your instructions by the time we return, 
 
 And am your Excellency's 
 
 Most obedient humble servant, 
 
 THOS VALENTINE. 
 And desired the opinion of the Council whether they thought it advisable to give 
 instructions to the said Valentine, in conjunction with the Surveyor from Quebec, after 
 having run the line eastward to Connecticut river, to return to Point Moore, the place 
 of beginning, and extend the division Line between the two Governments until it 
 should intersect the river Saint Lawrence in the forty-fifth degree of Northern Lati- 
 tude; His Excellency at the same time observing to the Board that he considered the 
 running of the division line to the westward, as a very necessary and essential service 
 to Government; and that he was willing to advance the money on the faith of the pub- 
 lic for carrying the same into execution. Whereupon the Council humbly advised the 
 running of the partition line to the river Saint Lawrence as a measure highly proper 
 and necessary for ascertaining and establishing the boundaries between this Govern- 
 ment and that of Quebec. 
 
 At a Council held at Fort George, in the City of New York, on Friday the twenty- 21st August, m% 
 first day of August, 1772, 
 
 His Excellency William Tryon, Esquire, Captain General, &e. 
 Mr. Horsemandcn, Mr. Smith, 
 
 Mr. Watts, Mr. Cruger, • 
 
 Mr De Lancey, Mr. White, 
 
 Mr. Apthorp, Mr. Axtell 
 
228 
 
 Appendix. The Minutes of the Council held by His Excellency at Johnson Hall in the county 
 
 No 27. f Tryon,onthe29th of July last, being read, 
 Bfl^no* The Board concurs in opinion that it will be a proper measure as soon as the line of 
 STw Y"r'k' u ' e3 partition between this Province and Quebec shall be run from Lake Champlain to Con- 
 Lii «m necticut river, for His Excellency to direct the Surveyors on the part of both Provin- 
 ces to return to Point Moore, the station fixed on the East side oi Lake Champlain» 
 and to extend the division line between the two Governments, until it shall intersect 
 the river St. Lawrence in the forty-fifth degree of Northern Latitude. 
 
 December 16, 1772. 
 
 isru nee. 1775. His Excellency communicated to the Board a letter of the 12th November last, from 
 Mr. Thomas Vallentine, employed as a Surveyor on the part of this Province for run- 
 ning the partition line between this Colony and Quebec, from Lake Champlain to Con- 
 necticut river, informing His Excellency that the Surveyors of the two Provinces fin- 
 ished the survey on the 30th of September; that they iound the distance from Lake 
 Champlain to the place where the line terminates on Connecticut river, to be about 
 ninety miles and a quarter; that he arrived at Quebec the ISth of October, and that as 
 he is of opinion the continuing the line westward will be effected with far less expense 
 during the winter or early in the Spring, than in the summer season, he intends not to 
 risk the passage on the Lake but to remain at Quebec for his Excellency's farther di- 
 rections. 
 
 Whereupon the Board humbly advised His Excellency to signify to Governor Cra- 
 mahi, the opinion of this Government, that it will be for the mutual interest of both 
 Provinces to complete their boundary Line as soon as the season will permit, by ex- 
 tending the Line already run. from Lake Champlain westward, until it shall intersect 
 the river St. Lawrence in the forty-fifth degree of Northern Latitude. That if this 
 proposal meets with his approbation, it is conceived the service will be best performed 
 by the same Surveyors; but that if any thing should prevent Mr. Collins from attend- 
 ing Mr. Vallentine has instructions to proceed in conjunction with such other Sur- 
 veyor as shall be appointed on the part of Quebec. And that this Province will cheer- 
 fully defray its proportionable part of this necessary expense. 
 
 His Excellency also communicated to the Board a letter from John Collins, Es- 
 quire Deputy Surveyor of the Province of Quebec, dated on Connecticut River the 
 first of October last, acquainting his Excellency that they had on that day fixed the 
 boundary of the division Line between this Province and that of Quebec, on the west 
 bank of Connecticut river, two miles and fifty chains on a direct line above the mouth 
 of a small river falling in on the west side of Connecticut river, known by the name of 
 Hall's Brook, and called by the Indians Kenebimosikek, at the distance of ninety 
 miles and twenty chains from the eastern bank of Lake Champlain; and signifying 
 that His Excellency may depend the greatest accuracy and care had been observed 
 through the course of this survey. 
 
 April 5, 1773. 
 
 sih April, 1773. His Excellency also communicated a letter of the 10th March last, from Lieutenant 
 Governor Cramahi, of Quebec, acquainting His Excellency that His Majesty's Council 
 of that Government were unanimously of opinion that the Boundary Line between the 
 two Governments should be run and distinguished from Lake Champlain to the river 1 
 Saint Lawrence, as had been proposed hy this Province, and that the Surveyors were 
 accordingly to proceed on that work the beginning of June. 
 
2'29 
 
 At a Council held at Fort George, in the City of New York, on Wednesday the appendix. 
 first day of December, 177:3, No. 27. 
 
 JrTBSBTlti Extracts Jrnra the 
 
 His Excellency William Try on, Esquire, Captain General, &c. „i"v"„' v.,,'!'"" 
 
 ]\ir Watts, Mr. White, istDecTTm 
 
 Mr. De Lancey, Mr. Cruger. 
 
 Mr. Smith, 
 His Excellency laid before the Board a Journal of the proceedings of John Collins, 
 Esquire, Surveyoron the part of the Province of Quebec, and Claude Joseph Southier, 
 Esquire, Surveyor appointed on the part of this Province, for running the Line between 
 the Government of New York and Quebec westward from Lake Champlain in the 
 Latitude of forty-five North 10 the River St. Lawrence, with a chart or map of the 
 said Line as far as the same is run. As also a Letter from Mr. Collins dated at Mon- 
 treal the22d October last, acquainting His excellency that the wet season, which con- 
 tinued many days, prevented their completing the survey: That they had advanced 
 fifty miles west of Lake Champlain, when they found themselves in want of provi- 
 sions, and the means they made use of to obtain fresh supplies disappointed, and that 
 he is of opinion the distance left unsurveyed, does not exceed ten miles. 
 
 State of New York, 
 
 Secretary's Office. 
 
 I certify the preceding to be true extracts from the Minutes of the Council of the late 
 
 Colony of New York, remaining in this oftice. 
 
 J. V. N. YATES, 
 
 Secretary. 
 
 58* 
 

 APPENDIX, No. XXVIII. 
 
 COPY .OF A PATENT 
 
 TO 
 
 EDMUND FANNING AND OTHERS, 
 
 DATED FEBRUARY 16, 1775. 
 
 appendix. George the Third by the Grace of God of Great Britain France and Treland King 
 
 Defender of the Faith and so forth To all to whom these Presents shall come Greet- 
 
 cram to Edmund i n g Whereas our loving subject David Mathews in Behalf of himself and nineteen 
 
 Fanning and olh- ° ° 
 
 «rs.-HSiii Februa other Persons his Associates whose names were, mentioned in the Schedule to their 
 Petition subjoined to wit Johnston Fairholme, Peter Aliddleton, John Grumly, John 
 Reid, Samuel Stephens, William Bruce, Robert Rogers, Andrew Elliot, James 
 Duane, William Bayard, Edmund Fanning, Benjamin J. Johnson, John Houges, 
 Moses Marden, Joshua Littlewood, Malcolm Mclsaac, Christopher rjlundell, Isaac Wil- 
 let Junior and James Rivington by his humble Petition presented unto our trusty and 
 well beloved William Tryon Esquire our Captain General and Governor in Chief of 
 our Province of New York and Read in our Council for our said Province on the nine- 
 teenth Day oi May which was in the year of our Lord one thousand seven hundred 
 and seventy two did set forth That the Petitioner had discovered a certain Tract of 
 Land which was vacant and vested in us situate lying and being on the Northwesterly 
 side of Connecticut River in the County ol Gloucester Beginning on the northwesterly 
 Bank of the said River at the northeasterly Coiner of the most Northernmost tract 
 of Land pretended to be granted by our Government of .New Hampshire Westward 
 of the said River Connecticut commonly called and known by the name of Liming- 
 ton and extending up the said River on a straight Line about three or four hundred 
 chains ; Thence into the Woods Westerly or Northwesterly about six hundred and 
 forty chains, Thence Southerly and Easterly so far as would include i wenty thousand 
 Acres of Land and the usual allowance for Highways, And that the said Tract of 
 Land had never been granted by our Province of New Hampshire or Located by 
 any prior Petition and therefore the Petitioner in behalf of himself and his Associates 
 did humbly pray that our said Captain General and Governor in Chief would be 
 favourably pleased to grant unto the Petitioner and his Associates the Tract of 
 Land afore described and that the same might be erected into a Township by the 
 name of Thirming and vested with the usual Privileges granted to other Townships 
 within our said Province Which Petition having been then referred to a Committee 
 of our Council for our said Province our said Council did afterwards on the Fifteenth 
 day of June then following in Pursuance of the Report of the said Committee humbly 
 advise and consent that our said Captain General and Governor in Chief should by 
 our Letters Patent grant to the said Petitioner and his Associates and their Heirs the 
 Lands prayed for and described in the said Petition so as not to interfere with any 
 prior Location or Petition or any Grant under our Government of New Hampshire 
 And Whereas the said Edmund Fanning and Moses Marden two of the Associates 
 
231 
 
 named in the afore recited Petition of the said David Mathews by their humble appendix. 
 Petition presented unto our trusty and well beloved Cadwallader Colden Esquire our iN " ~ 8 ' 
 Lieutenant Governor and Con, mander in Chief of our said Province of New York Granûë râmund 
 and the Territories depending thereon in America and read in our Council for our er*"— "euiFebria" 
 said Province on the Eighth Day of this Instant Month of February did set forth, ' ! 
 That upon a former Application the Petitioners obtained an Order of our said Council 
 for granting to them Twenty thousand acres of vacant Land within our said Province 
 for which the Petitioners had procured a Survey and Return that several of the Per- 
 sons who were the Petitioners former Associates are either dead or removed out of 
 the said Province to wit Benjamin J. Johnson, .John Hodges, Joshua Littlewood, 
 Malcom Mclsaac, and John Grumly And did therefore most humbly pray that 
 instead of the names of the Persons who are so dead or removed, the names of Samuel 
 Avery, John Peters, James Cobham, William Kennedy and Samuel Boyer might be 
 inserted in our Letters Patent for the Lands so advised to be granted and surveyed as 
 aforesaid Which Petition having been read as aforesaid On due Consideration 
 thereof our Council for our said Province did humbly Advise our said Lieutenant 
 Governor and Commander in Chief that the names of the said Samuel Avery, John 
 Peters, James Cobham, William Kennedy and Samuel Boyer be inserted in our 
 Letters Patent for the said Tract of Land in the Room and stead ot the names of the 
 Persons who are so dead or removed out of our said Province In Pursuance whereof 
 and in obedience to our Royal Instructions our Commissioners appointed for the 
 setting out all Lands to be granted within our said Province have set out for the said 
 Edmund Fanning and Moses Martien and their Associates to wit David Mathews, 
 Johnston FairhoJme, Peter Middleton, John Reid, Samuel Stephens, William Bruce, 
 Robert Rodgers, Andrew Elliot, James Duane, William Bayard, Christopher Blun- 
 dell, Isaac Willet Junior, James Rivingion, Samuel Avery, John Peters, Jarnes Cob- 
 ham, William Kennedy and Samuel Boyer Ml that certain Tract or Parcel of 
 Land situate lying and being on the west side oj Connecticut Hiver in the County 
 of Gloucester Beginning at a ceitam Place on the West Bank of the said River reputed 
 to be the Norih-east Corner of a Tract of Land granted by our late Governor of our 
 Province of .New Hampshire and called Lemington which Place is Five hundred and 
 nine chains on a straight line below a certain Cedai Post set up on the West Bank 
 of the said Hiver in lite Year one thousand seven hundred and seventy two by 
 John Cut/ins and Thomas Valentine at the Place where the Line run by them 
 from the Point of Forty five Degrees of Northern Latitude on Lake Champlain 
 intersects the said Nicer and this Tract runs from the said place of beginning up 
 along the said Nicer as it winds and tarns to the Cedar Past aforesaid and the/ice 
 along the said Line run by John Collins and Thomas Valentine North Eighty- 
 one Degrees West seven hundred and nine Chains; thence South nine Degrees 
 West Four hundred and Thirty-three Chains, and thence South Eighty-one Degrees 
 East Four hundred and lorty Chains to the Place where this Tract first began Con- 
 taining Twenty thousand nacres of Land and the usual allowance for Highways 
 And in setting out the said Tract or Parcel of Land our said Commissioners have had 
 regard to the profitable and unprofitable acres and have taken care that the Length 
 thereof doth not extend along the Banks of any River otherwise than is conformable 
 to our said Royal Instructions As by a Certificate thereof under their Hands bearing 
 date the Thirteenth Day of this Instant Month of February and entered on Record in 
 our Secretary's Office for our said Province of New York may more fully appear. 
 Which said Tract of Land set out as aforesaid according to our said Royal Instructions 
 We being willing to grant to the said Edmund Fanning and Moses Mardin and their 
 Associates their Heirs and Assigns forever with the several Privileges and Powers 
 hereinafter mentioned Know Ye, That of our especial Grace certain Knowledge andc: 
 
ers.— I6ih Febi ua 
 ,-. , I7T.V 
 
 232 
 
 . Ippendix. meer motion We have given granted ratified and confirmed And do by these Presents 
 No 28. r or jjs our Heirs and Successors give grant ratify and confirm unto them the said 
 
 Gram to Edmumi Edmund Fanning. Moses Marden, David Mathews, Johnston Fairholme, Peter Mid- 
 "' dicton, John Keid, Samuel Stevens, William Bruce, Robert Rogers, Andrew Elliot, 
 James Duane, William Bayard, Christopher Blundell, Isaac Willet Junior, James 
 Rivington, Samuel Avery, John Peters, James Cobham, William Kennedy and 
 Samuel Boyer their Heirs and Assigns forever All that the Tract or Parcel of Land 
 aforesaid set out abutted bounded and described in manner and Form as above 
 mentioned, Together with all and singular the Tenements, Hereditaments, Emolu- 
 ments and Appurtenances thereunto belonging or appertaining And also all our 
 Estate, Right, Title, Interest, Possession, Claim and Demand whatsoever of in and 
 to the same Lands and Premises and every part and Parcel thereof and the Rever- 
 sion and Reversions, Remainder and Remainders, Rents, Issues and Profits thereof 
 and of every Part and Parcel thereof Except and always reserved of this our present 
 Grant unto Us, our Heirs and Successors forever all Mines of Gold and Silver And 
 also all White or other Sorts of Fine Trees fit for Masts of the Growth of Twenty- 
 four Inches Diameter and upwards of Twelve Inches from the Earth for Masts for 
 the Royal Navy of Us, our Heirs and Successors To have and to hold one full 
 and equal Twentieth Part (the whole into Twenty equal parts to be divided) of 
 the said Tract or Parcel of Land, Tenements, Hereditaments and Premises by these 
 Presents granted ratified and confirmed and every Part and Parcel thereof with their 
 and every of their appurtenances (except as is herein before excepted) unto each of 
 them our Grantees above mentioned their Heirs and Assigns respectively, To their 
 only proper and separate Use and Behoof respectively for ever as Tenants in Com- 
 mon and not as Joint Tenants To be holden of us our Heirs and Successors in free 
 and common socage as of our Manor of East Greenwich in our County of Kent 
 within our Kingdom of Great Britain Yielding rendering and paying therefore 
 Yearly and every Year for ever unto Us, our Heirs and successors at our Custom 
 House in our City of New York unto our or their Collector or Receiver General 
 there for the Time being on the Feast of the Annunciation of the Blessed Virgin 
 Mary commonly called Lady Day the Yearly Rent of Two Shillings and Six Pence 
 Sterling for each and every Hundred Acres of the above granted Lands and so in 
 proportion for any lesser Quantity thereof saving and except for such Part of the 
 said Lands allowed for Highways as above mentioned in Lieu and Stead of all other 
 Rents, Services, Dues, Duties, and Demands whatsoever for the hereby granted 
 Lands and Premises or any Part thereof And We do of our especial Grace certain 
 Knowledge and meer Motion create, erect and constitute the Tract or Parcel 
 of Land herein granted and every Part and Parcel thereof a Township for ever 
 hereafter to be continue and remain and by the name of Thinning for ever here- 
 after to be called and known And for the better and more easily carrying on and 
 managing the Public Affairs and Business of the said Township Our Royal Will and 
 Pleasure is And We do hereby for Us, our Heirs and Successors give and grant to 
 the Inhabitants of the said Township all the Powers, Authorities, Privileges and 
 Advantages heretofore given and granted to or legally enjoyed by all any or either 
 our other Townships within our said Province of New York And We also Ordain 
 and Establish That there shall be forever hereafter in the said Township Two 
 Assessors, one Treasurer, Two Overseers of the Highways, Two Overseers of the 
 Poor, one Collector and Four Constables elected and chosen out of the Inhabitants of 
 the said Township Yearly and every Year on the third Tuesday in May at the most 
 Public Place in the said Township by the Majority of the Freeholders thereof then 
 and there met and assembled for that Purpose Hereby declaring, That wheresoever 
 the first Election in the said Township shall be held the future Elections shall for 
 
y. i" 
 
 233 
 
 ever thereafter be held in the same Place as near as may he, and giving; and granting Appendix. 
 
 to the said Officers so chosen Power and Authority to exercise their said several and 
 
 respective offices during one whole Year from such Election and until others are Grant to Edmond 
 
 ' ° Fanning and nth- 
 
 legally chosen and elected in their Room and Stead as fully and amply as any the.-.-- 
 like officers have or legally may use or Exercise their Officers in our said Province 
 of New York And in case any or either of the said Officers of the said Township 
 should die or remove from the said Township before the Time of their Annual 
 Service shall be expired or refuse to Act in the offices for which they shall respec- 
 tively be chosen, Then our Royal Will and Pleasure further is And We do hereby 
 Direct, Ordain, and Require the Freeholders of the said Township to meet at the 
 Place where the Annual Election shall be held for the said Township and choose 
 other or others of the said Inhabitants of the said Township in the Place and Stead 
 of him or them so dying, removing or refusing to Act within Forty Days next 
 after such contingency And to prevent any undue Election in this Case We do 
 hereby Ordain and Require That upon every Vacancy in the Office of Assessors, the 
 Treasurer, and in either of the other Offices the Assessors of the said Township shall 
 within Ten Days next after any such Vacancy first happens appoint the Day for such 
 Election and give public Notice thereof in Writing under his or their Hands by 
 affixing such Notice on the Church Door or other most public Place in the said 
 Township at the least Ten Days before the Day appointed for such Election And 
 in Default thereof We do hereby require the Officer or Officers of the said Town- 
 ship or the Suruivor of them who in the Order they are herein before mentioned 
 shall next succeed him or them so making Default within Ten Days next after such 
 Default to appoint the Day for such Election and give public Notice thereof as afore- 
 said ; Hereby giving and granting that such person or Persons as shall be so chosen 
 by the Majority of such of the Freeholders of the said Township as shall meet in 
 manner hereby directed shall have hold exercise and enjoy the Office or Offices to 
 which he or they shall be so elected and chosen from the Time of such Election 
 until the third Tuesday in May then next following and until other or others be 
 chosen in his or their Place and Stead as fully as the Person or Persons in whose 
 Place he or they shall be chosen might or could have done by Virtue of these 
 Presents. And We do hereby Will and Direct, That this method shall for ever 
 hereafter be used for the filling up all Vacancies that shall happen in any or 
 eilher of the said Offices between the Annual Elections above directed. Provided 
 always and upon Condition nevertheless That if our said Grantees their Heirs or 
 Assigns or some or one of them shall not within three Years next after the date 
 of this our Present Grant settle on the said Tract of Land hereby granted so many 
 Families as shall amount to one Family for every thousand acres of the same Tract ; 
 Or if they our said Grantees or one of them their or one of their Heirs or Assigns 
 shall not also within three Years to be computed as aforesaid plant and effectually 
 cultivate at the least three Acres for every Fifty Acres of such of the hereby granted 
 Lands as arc capable of Cultivation ; Or if they our said Grantees or any of them 
 their or any of their Heirs or Assigns or any other person or persons by their or 
 any of their privity consent or procurement shall fell cut down or otherwise de- 
 stroy any of the pine trees by these presents reserved to us our heirs and suc- 
 cessors or hereby intended so to be without the Royal Licence of us our heirs or 
 successors for so doing first had and obtained that then and in any of these cases 
 this our present Grant and every thing therein contained shall cease and be abso- 
 lutely void and the lands and premises hereby granted shall revert to and vest in 
 us our heirs and successors as if this our present grant had not been made any- 
 thing herein before contained to the contrary in any wise notwithstanding. Pro- 
 vided further and upon condition also nevertheless and we do hereby for us our 
 
 59* 
 
234 
 
 appendix, heirs and successors direct and appoint that this our present grant shall be regis- 
 iV). 28. tered and entered on record within Six Months from the dale thereof in our 
 Grant 10 Edmund Secretary's Office in our City of New York in our said Province of New York 
 ,i.""i n one of the books of patents there remaining and that a docquet thereof shall 
 
 be also Entered in our Auditor's Office in and for our said Province of New York 
 and that in default thereof this our present Grant shall he void and of none efiect 
 any thing before in these presents contained to the contrary thereof in any wise 
 notwithstanding. And We do moreover of our Especial grace certain knowledge 
 and meer motion consent and agree that this our present grant being registered 
 recorded and a Docquet thereof made as before directed and appointed shall be good 
 and effectual in the law to all intents constructions and purposes whatsoever against 
 us our heirs and successors notwithstanding any misreciting misbounding misnaming 
 or other imperfection or omission of in or in any wise concerning the above granted 
 or hereby mentioned or intended to be granted lands tenements hereditaments atid 
 premises or any part thereof. In Testimony whereof We have caused these our 
 Letters to be made patent and the Great Seal of our said Province of New York to 
 be hereunto affixed. Witness our said trusty and well beloved Cadwallader Golden 
 Esquire our said Lieutenant Governor and Commander in Chief of our said Province 
 of New York and the territories depending thereon in America at our fort in our City 
 of New York the sixteenth day of February in the year of our Lord one thousand 
 seven hundred and seventy-five and of our reign the fifteenth. 
 
 CLARKE. 
 
 State of New-York, 
 Secretary's Office. 
 I certify the preceding to be a true copy of Certain Letters patent as of record in 
 this office, in Book of Patents, No. l(i, pa^e 526, Sic. 
 
 In testimony whereof, I have hereunto affixed the Seal of this Office, at the 
 [l. s.] City of Albany, the 30th day of September, 182S. 
 
 ARCH'D CAMPBELL, 
 Dejj. Secretary. 
 
 By Nathaniel Pitcher, Lieutenant Governor of the State of New York, acting as 
 
 Governor if the mid. State: 
 
 It is hereby certified that the preceding copy is attested in due form, and by the 
 proper officer. 
 
 In testimony whereof, I have hereunto affixed the Great Seal of this State. 
 [l. s.] Witness my hand, at the City of Albany, the 30th d; y of September, 1S28. 
 
 NATHANIEL PITCHER. 
 
APPENDIX, No. XXIX. 
 
 GRANTS OF LAND 
 
 BT 
 
 THE STATE OF NEW YORK. 
 
 ei: : 
 
 Grant by Letters Patent of the State of New York, to J. Deane and others 1785. 
 
 Grant by Letters Patent of the state of New York, to F. Turcot, 18th .January 1790. 
 
 Grant by Letters Patent of the Mate of New York, to C. Gosline, 18th January, 1790. 
 
 Certificate relative to grants of land along the Canada Line. 
 
 COPY 
 
 OF LETTERS PATENT TO JAMES DEANE AND OTHEKS, 1785. 
 
 The People of the State of New York By the Grace of God Free and Indepen- appendix. 
 dent, To all to whom these Presents shall come Greeting. Whereas Mark Greaves, No 29, 
 Levi Smith, Ichabod Tubbs, Horace Shepherd, George Houseman, David Doolittle, Grams by the 
 George Inglis Peter Welsh, David Perry, Eliphalet Kellog, Jesse Pardy, James Dego- 
 
 To J3rnt'^ Ti p 'i n o 
 
 lier, Gotlep Peter, Christian Fulmer, Elnathan Rogers, Oliver Deake, Mason Deakc andotnera, its*. 
 Samuel Ashman, Robert Ayres, Asa Hamlin, Abraham Knap, Daniel Bedwell, Levi 
 Stoughton, Pliny Mcor, and James Deane have in pursuance of the Second Section of au 
 act entitled " An Act for granting certain Lands promised to be given as Bounty Lands 
 by Laws of this State and for other purposes therein mentioned" passed the 11th day 
 of May 1784 obtained from Simeon Delbitt Esquire our Surveyor General a certificate 
 that they are entitled to a certain Tract of Land therein mentioned and described and 
 which certificate is in the words and ligures following — Survey or Generals Office Alba- 
 ny 8th July, 17S5. I do hereby certify That Mark Greaves Levi Smith, Ichabod 
 Tubbs, Horace Shepherd, George Houseman David Doolittle, George Inglis, Peter 
 Welsh, David Perry, Eliphalet Kellog, Jessie Pardy James Degolior, Gotlep Peter, 
 Christian Fulmer, Elnathan Rogers, Oliver Deake, Mason Deake, Samuel Ashman, 
 Robert Ayres, Asa Hamlin Abraham Knap Daniel Bedwell Levi Stoughton, Pliny- 
 Moor and James Dean by virtue of the Act entitled '■ An Act for raising two Regi- 
 ments for the defence of this State on Bounties of unappropriated Lands passed March 
 the 20th 1781, and An Act entitled An Act for raising Troops to complete the Line 
 of this in the Service of the United States and the two Regiments to be raised on 
 Bounties of unappropriated Lands and for the further defence of the frontiers of this 
 State passed March the 23d 17S2 and in consequence of a Location made agreeable lo 
 the said Acts and Certificates lodged in this office properly authenticated arc entitled 
 to a tract of Land on the West Side of LakeChamplain, Beginning at a Beach tree 
 marked 3 M 16 March 17S5 Standing on the parallel of forty Jive degrees of North 
 Latitude at the distance of three mites measured un a course North Ei^lilij two de- 
 grees West by the Needle from the monument Stone on the If est hank of Luke 
 
•236 
 
 appendix. Champlain on the Side parallel of forty five degrees North Latitude and running 
 No- ~ 9 ' from the said place of Beginning South eight degrees West three hundred and forty 
 Grants by the chains and sixty links into the waters of the Great River Chazy to a point bearing 
 :e o^ , s oui h fourteen degrees West Sixty one links from a black Ash tree standing on the 
 and others, 1785. east bank of said river marked 340 chains 60 links 17th March 17S5 thence North 
 eighty two degrees West three hundred and forty chains and Sixty links to a black 
 ash Stake in a Cedar Swamp marked 340. 60. 20th March 17S5 thence North eight 
 degrees east three hundred and forty chains and sixty links to a bass-wood tree 
 standing on the said parallel of forty five degrees North Latitude thirty five 
 chains from the north bank of the said River Chazy marked 340. 60. 21 March 17S5 
 and thence South eighty two degrees east along said parallel three hundred and 
 forty chains and Sixty links to the place of Beginuing Containing eleven thousand 
 six hundred acres And I do further Certify that the said Tract of Land is laid out 
 in a square that the same is not to the best of my belief and information granted to 
 or located by any person prior to the Location above mentioned by virtue of any of 
 the before recited Acts that it was not occupied or improved by any person on or be- 
 fore the 25lh day of July in the year one thousand seven hundred and eighty two and 
 that it is no part of the land reserved to the use of the People of this State Simeon De 
 Witt Surveyor Genl. as by the said Certificate directed to his Excellency Governor 
 Clinton and the Honorable the Commissioners of the Land Office and filed in our Se- 
 cretary's Office reference being thereunto had will appear. And whereas a Caveat has 
 been entered by Udny Hay before our Commissioners of our Land Office in behalf of 
 the Canadian and Nova Scotia Refugees against granting the said lands in the above 
 recited Certificate described to the said Mark Greaves and the other persons therein 
 named and the day appointed foi hearing the Parties on the said Caveat having elapsed 
 with the said Udny Hay or any other person appearing to support the said Caveat 
 and our said Commissioners of our said Land Office having thereupon determined 
 that the said Mark Greaves and the other persons in the said above recited Certificate 
 named are entitled to a grant of the land therein described. Now therefore Know Ye 
 that we have given, granted and confirmed and by these presents do give grant and 
 confirm unto the said Mark Greaves, Levi Smith, Ichabod Tubbs, Horace Shepherd, 
 George Houseman, David Doolittle, George Inglis, Peter Welsh, David Perry, Eli- 
 phalet Kellog, Jesse Pardy, James Degolier, Gotlep Peter, Christian Fulmer, Elnathan 
 Rogers, Oliver Deake, Mason Deake, Samuel Ashman Robert Ayres, Asa Hamlin, 
 Abraham Knap Daniel Bedwell, Levi Stoughton, Pliny Moor and James Dean their 
 Heirs and Assigns all and Singular the aforesaid Tract of Land in the said Certificate 
 of our said Surveyor General mentioned and described as is herein before particularly 
 recited and set forth with all the appurtenances and priviledgcs to the same belonging 
 or in any wise appertaining (Excepting and reserving to ourselves all Gold and Silver 
 mines and Salt mines and Salt Springs within the Same. To Have and to hold the 
 above granted premises as a good and indefeasible Estate in fee simple forever On 
 Condition nevertheless that the said Mark Greaves Levi Smith Ichabod Tubbs Horace 
 Shepherd, George Houseman, David Doolittle, George Inglis, Peter Welsh, David 
 Perry, Eliphalet Kellog, Jesse Pardy, James Degolier, Gotlep Peter, Christian Ful- 
 mer Elnathan Rogers, Oliver Deake, Mason Deake, Samuel Ashman Robert Ayres, 
 Asa Hamlin, Abraham Knap, Daniel Bedwell, Levi Stoughton, Pliny Moor and. 
 James Dean their Heirs or Assigns do settle or cause to be settled as many settlers oa 
 the said Land in three years from the date of these presents as there are six hundred. 
 acres within the same. In Testimony whereof we have made these our Letters Pa- 
 tent and caused the Great Seal of our State to be affixed. Witness our Trusty and 
 Well-beloved George Clinton Esquire Governor of our said State. Done at our City 
 ol New York the fifth day of November in the Year of our Lord one thousand seven 
 hundred and eighty live and in the tenth year of our Independence. 
 
 GEO: CLINTON. 
 
237 
 
 The preceding was recorded at the request of the within named Pliny Moor; and Appendix: 
 
 between the eleventh and twelfth lines of this Patent, in page 140, the words and No ' 29- 
 
 "figures, and between the second and third lines of this page the words Salt minesand, Giants by the 
 
 being respectively interlined, the same agrees with the original — Examined and corn- 
 To James Plane 
 
 pared therewith by me - and others, 1785. 
 
 RORT. HARPUR, 
 
 Deputy Secretary. 
 
 State of New York, 
 
 Secretary's Office. 
 I certify the preceding to be a true Copy of certain Letters patent as of record in 
 this office, in Rook of Patents No 17, page 140, &c. 
 
 In Testimony whereof I have hereunto affixed the Seal of this Office, at 
 [l. s.] the City of Albany, the 2Sth day of September, 182S. 
 
 ARCH'D. CAMPBELL, 
 
 Deputy Secretary. 
 
 By Nathaniel Pitcher, Lieutenant Governor of the State of Neiv York, acting as 
 
 Governor of the said Stale: 
 It is hereby certified that the preceding copy is attested in due form, and by the pro- 
 per officer. 
 
 In Testimony whereof I have hereunto affixed the Great Seal of this 
 [l. s. J State. Witness my hand, at the City of Albany, the 30th day of Sep- 
 tember, 1S2S. 
 
 NATHANIEL PITCHER. 
 
 COPY 
 
 OF LETTERS PATENT TO F. TURCOT, DATED JANUARY 18, 1790. 
 
 The People of the State of New York, by the Grace of God Free and Independent, 
 To all to whom these Presents shall come, Greeting: 
 Know ye, that We have given, granted, and confirmed, and by these Presents Do give, ToF.Turcot.nou. 
 grant and confirm unto Francis Turcot, all those two certain tracts of land (beingparts 
 of a larger tract situate in the County of Clinton set apart by laws of this State for the 
 Canadian and Nova Scotia Refugees,) known and distinguished in a Map and return of 
 the said larger tract, filed by our Surveyor General in our Secretary's Office, by lots 
 numbered one hundred and eighty five and ninety seven: Which said lot numbered 
 one hundred and eighty- five begins at the south-east corner of lot number one hun- 
 dred and eighty-four, and runs thence north eighty-two degrees west sixty four 
 chains and eighty links, then south eight degrees west sixty-four chains and eighty 
 links, then south eighty two degrees east sixty-four chains and eighty links, and 
 then north eighty degrees east sixty-four chains and eighty links to the place 
 of beginning; containing four hundred and twenty acres: And which said lot 
 number Ninety-Seven begins at the norlh-west corner of Lot number sixty-seven, 
 on the Latitude line of forty Jive degrees north, and runs thence North eighty-two 
 ,/, p-ees West seventy-eight chains and fifty links, to a Patent of Landgranted toJames 
 Dean and others, then south eight degrees west ten chains and twenty links, then 
 South eighty-two degrees East seventy-five chains and forty links, to the West bounds 
 of Lot number Sixty Eight, then along the West and North Bounds of Lot Number 
 sixty-eight and the West Rounds of Lot Number Sixty-Seven to the place of Begin-, 
 
 60* 
 
23 S 
 
 Appendix, oing, containing eighty Acres: The said two Tracts together containing five hun- 
 
 • N "' 29 ' dred Acres, together with all and Singular the Rights, Hereditaments and Appurte- 
 
 __ Grants i»y the nances to the same belonging or in any wise appertaining, Excepting and Reserving 
 
 ' to ourselves all Gold and Silver mines, and five acres of every hundred Acres of the 
 
 To F. Turcot, 1790. _. TT , ~ TT ,. . . . ., , , 
 
 said Tract of Land for Highways: lo Have and Jo Hold the above described and 
 granted premises unto the said Francis Turcot, his Heirs and Assigns, as a good and 
 indefeasible Estate of Inheritance forever: On Condition Nevertheless that, within the 
 term of seven years, to be computed from the first day of January next ensuing the 
 date hereof, there shall be one actual settlement made on the said Tract of Land hereby 
 granted, otherwise these our Letters Patent, and the Estate hereby granted, shall cease, 
 determine, and become void. 
 
 In Testimony whereof, We have caused these our Letters to be made Patent, and 
 the Great Seal of our said State to be hereunto affixed. Witness our Trusty and Well 
 Beloved George Clinton, Esquire, Governor of our said State, General and Comman- 
 der in Chief of all the Militia, and Admiral of the Navy of the Same, at our City of 
 New York, this eighteenth day of January, in the Year of our Lord one thousand se- 
 ven hundred and ninety, and in the Fourteenth year of our Independence. Approved 
 of by the Commissioners of the Land Office and passed the Secretary's Office the ISth 
 
 day of January, 1790. 
 
 GEO: CLINTON. 
 Rob't Harpur, 
 
 Dep. Secretary. 
 
 State of New York, 
 Secretary's Office. 
 
 I certify the preceding to be a true copy of certain Letters Patent, as of record in this 
 office, in Book of Patents No 22 page 42. 
 
 In testimony whereof, I have hereunto affixed the Seal of the Office, at 
 [l. s.] the City of Albany, the 30th day of September, 1828. 
 
 ARCHIBALD CAMPBELL, 
 
 Dep. Secretary. 
 
 By Nathaniel Pitcher, Lieu tenant Governor of the State of New York, acting as 
 
 Governor of the said State: 
 
 It is hereby certified that the preceding copy is attested in due form, and by the 
 proper officer. 
 
 In testimony whereof, I have hereunto affixed the Great Seal of this 
 [l. s.~] State. Witness my hand, at the City of Albany, the 30lh dav of Sep- 
 
 tember, 1828. NATHANIEL PITCHER. 
 
 COPY 
 
 OF LETTERS PATENT TO CLEMENT GOSL1NE, DATED JANUARY 18, 1790. 
 
 The People of the State of New York, by the Grace of God Free and Independent, 
 
 To all lo whom these Presents shall come, Greeting: 
 
 To Clement Gos- Know ye, that we have given, granted and confirmed, and by these Presents Do 
 
 Give, Grant, and Confirm unto Captain Clement Gosline, all those two certain Tracts 
 
 of Land (being parts of a larger tract situate in the County of Clinton, set apart by laws 
 
23!) 
 
 of this State for the Canadian and Nova Scotia refugees) known and distinguished in ^appendix. 
 a Map and return of the said larger tract filed, by our Surveyor General in our Secre- 
 tary's Office, hy Lots numbered Sixteen and twenty-seven. The said lot number orm ih< 
 Sixteen Beginning in the. Latitude furtii fire, in the South Bounds of the Provi c 
 of Quebec, at the North-West corner of a Tract of eleven thousand six hundred in,.,!, 
 acres, granted to James Dean and others, and runs thence along the said hounds of 
 the Province of Quebec, North eighty two degrees west sixty-four chains and eighty 
 links, then south eight degrees west six! y four chains and eighty links, then south eighty- 
 two degrees east sixty-four chains and eighty links, and then north eight degrees east 
 sixty-four chains and eighty links, to the place of beginning; containing four hundred 
 and twenty acres; and the said Lot number twenty seven, beginning at the north-east 
 corner of Lot number twenty-six, and runs thence west seventy-nine chains and eigh- 
 ty links, then North ten chains, then east eighty chains and twenty links to the Lake, 
 then southerly along the lake to the place of beginning, containing eighty acres; the 
 said two tracts together containing five hundred acres of land, together with all and sin- 
 gular the Rights, Hereditaments, and Appurtenances to the same belonging or in any 
 wise appertaining: Excepting and reserving to ourselves all gold and silver mines, 
 and five acres of every hundred acres of the said Tract of Land for Highways: To 
 have and to hold the above described and granted premises unto the said Captain Cle- 
 ment Gosline, his heirs and assigns, as a good and indefeasible estate of Inheritance for- 
 ever: On Condition Nevertheless that within the term of seven years, to be computed 
 from the first day of January nex-1 ensuing the dite hereof, there shall be one actual 
 settlement made on the said tract of land hereby granted, otherwise these Letters Pa- 
 tent and the estate hereby granted, shall cease, determine, and become void. 
 
 In Testimony Whereof, We have caused these our Letters to be made Patent and 
 the Great Seal of our said State to be hereunto affixed. Witness our Trusty and Well 
 Beloved George Clinton, Esquire, Governor of our said Slate, General and Comman- 
 der in Chief of all the Militia, and Admiral of the Navy of the same, at our City of 
 New York, this eighteenth day of January, in thé year of our Lord one thousand sev- 
 en hundred and ninety, and in the fourteenth year of oar Independence. Approved of 
 by the Commissioners of the Land Office, and passed the Secretary's Office the ISth 
 day of January, 1790. 
 
 GEO: CLINTON. 
 Rob't IIarpur, Dep. Secretary. 
 
 State of New York, 
 
 Secretary's Office. 
 
 I certify the preceding to be a true copy of certain Letters Patent as of record in 
 this office, in Book of Patents No. 22, page 21. 
 
 In testimony whereof, I have hereunto affixed the Seal of this office, 
 [l. a.] at the City of Albany, the 30th day of September, 1S2S. 
 
 ARCHIBALD CAMPBELL, 
 
 Dep. Secretary. 
 
 By Nathaniel Pitcher, Lieutenant Governor of the Slate of New York, acting as 
 
 Governor of the said Stale: 
 It is hereby certified that the preceding copy is attested in due form, and by the pro- 
 per officer. 
 
 In testimony whereof, I have hereunto affixed the Great Seal of this 
 [l. s.] State. Witness my hand, at the City of Albany, the 30th day of Sep- 
 
 tember, 1S2S. NATHANIEL PITCHER. 
 
appendix* 
 
 No 29. 
 
 Grants by lite 
 State of V York, 
 
 Certificate relative 
 to grants ol land 
 along tiie Canada 
 Line 
 
 240 
 
 CERTIFICATE 
 
 RELATIVE TO GRANTS OF LAND ALONG THE CANADA LINE. 
 
 State op New York, 
 Secretary's Office. 
 
 I Certify that it appears by the records in this office that all the Lands from Lake 
 Champlain to the River St. Lawrence adjacent to the Northern Boundary oj the 
 State, along the forty -fifth parallel oj' North Latitude, viz: the boundary be- 
 tween the provinces of New York and Quebec, as the same was actually surveyed 
 and established befo-e the year one thousand seven hundred and seventy-five, by o?-- 
 der of the two provinces and in conformity with the agreement between them, con- 
 firmed and ratified by the King's Order in Council of the twelfth day of August, in 
 the year one thousand seven hundred and sixty-eight, have been granted by the Stale, 
 with the exception only of a Reservation for the St. Regis Indians, extending about 
 four miles East from the river St. Lawrence along the said Northern Boundary, and 
 of another tract extending Ninety chains along the said Boundary line, which tract 
 is not yet finally granted, but is, in pursuance of a law of this State, appropriated to 
 make up certain deficiencies in other adjacent grants. 
 
 In testimony whereof, I have hereunto affixed the seal of this office, at 
 [l. s.] the City of Albany, the thirtieth day of September, in the year one 
 
 thousand eight hundred and twenty-eight. 
 
 ARCH'D CAMPBELL, 
 
 L/ep. Secretary. 
 
 By Nathaniel Pitcher, Lieutenant Governor of the Stale of New York, acting as 
 
 Governor of t/.e said State: 
 It is hereby certified that Archibald Campbell, whose name is subscribed to the pre- 
 ceding certificate, is Deputy Secretary of this State, duly commissioned and sworn, and 
 that full faith and credit may and ought to be given to his official acts. 
 
 In Testimony whereof I have hereunto affixed the Great Seal of this 
 [l, s.] State. Witness my hand, at the City of Albany, the 30th day of 
 
 September, 1838. NATHANIEL PITCHER. 
 
APPENDIX, No. XXX. 
 
 CERTIFICATES 
 
 FROM THE 
 
 SECRETARY OF STATE OF VERMONT. 
 
 RELATIVE TO THE 
 
 BOUNDARIES OF THE TOWNS OF DERBY AND ALBURGH, AND OF THE GOVERNOR 
 OF SAID STATE RELATIVE TO GRANTS OF LAND ALONG THE CANADA LINE. 
 
 BOUNDARIES 
 
 OF THE TOWN OF DERBY IN THE STATE OF VERMONT, AS FIXED BY A CHARTER 
 DATED 29TH OCTOBER, 1779. 
 
 Appendix. 
 
 No. 30. 
 
 State of Vermont, 
 
 Secretary of State's Office, Oct. 29, 182S. thfalSSSi^S 
 
 State of Vermont. 
 
 1 hereby certify, that on the twenty-ninth day of October, in the year of Bound ~7 s „! ,,„. 
 our Lord one thousand seven hundred and seventy-nine, the Charter of 
 [l. s.l the town of Derby was granted by the Legislature of the State of Ver- 
 mont, as appears by the Records in this Office, and that the boundaries 
 of said Town of Derby, are described in said Charter, as follows, viz: 
 " Beginning at a post on the east side of Lake Mumphremagog, where the South 
 " line of the Province of Quebec strikes the East shore of said Lake, and running 
 "South, eighty two degrees and twenty minutes east, seven miles and a half to a 
 li stake, twenty five links, 175° East from a beech tree, standing in the Province 
 '•' line marked No. 1. No. 4. October 19. 17S5, then South 17° West, five miles and 
 " seven chains to a fir tree marked No. 1. No. 2. No. 3. No. 4. then North S2° and 20 
 " minutes west Six miles and fifty chains, to a hemlock, near the east shore of the 
 "South bay of Lake Mumphremagog marked No 1 No 2 then northerly by the lake 
 " shore to the bounds begun at, containing twenty three thousand and forty acres." 
 
 In testimony whereof, I hereunto subscribe my name, and have to these Presents 
 affixed my Seal of Office. 
 
 Dated at Montpelier, this twenty-ninth day of October, in the year of our Lord one 
 thousand eight hundred and twenty-eight. 
 
 NORMAN WILLIAMS, 
 
 Secretary of Stale . 
 61 s 
 
242 
 
 Appendix. state °f Vermont. 
 
 J Samuel C. Crafts, Governor in and over said State, hereby certify, 
 
 ^«rêurTtf that Norman Williams, whose name is subscribed to the foregoing Cer- 
 
 suteofvormont. tificate, is Secretary of State for said State of Vermont, and that full 
 
 "USSS*!**^ faith and credit are to be given to his attestations as such. And I fur- 
 
 ther certify, that the Signature of the said Norman Williams to said 
 [l. s.] Certificate, is his own proper hand writing. In testimony whereof, 
 I have caused the Seal of said State to be hereunto affixed. 
 
 Dated at Montpelier, in said State, this thirtieth day of October, in 
 the year of our Lord one thousand eight hundred and twenty-eight. 
 
 SAMUEL C. CRAFTS. 
 Geo. B. Shaw, Secretary. 
 
 BOUNDARIES 
 
 OF THE TOWN OF ALBURGH, IN THE STATE OF VERMONT, AS FIXED BY A CHARTER 
 
 DATED 23D FEBRUARY, 1781. 
 
 State of Vermont, 
 Secretary of Slate's Office, Oct. 29, 1828. 
 I hereby certify, that on the twenty-third day of February, in the year of 
 
 Boundaries of the * J ' 
 
 t»wn of Aiburgh. our L or ,i one thousand seven hundred and eighty-one, the Charter of the 
 
 [L.8.] Town of Aiburgh was granted by the Legislature of the State of Ver- 
 mont, as appears by the Records in this Office, and that the boundaries 
 of said Town of Aiburgh are described in said Charter as follows, viz: 
 " Beginning in the forty fifth degree of North Latitude, being the south line 
 " of the Province of Quebec and north line of Vermont, at a monument in said line, 
 " on the west side of Missisque bay; then Southerly by the lake shore to the South end 
 "of the tract of land commonly called the tongue; then northerly by the lake shore, 
 " to a monument in the South line of the Province of Quebec and north line of Ver- 
 " mont aforesaid; then east in said line to the bound begun at; then east in said line 
 " across Missisque bay and on to the land so far that to turn South, to the northerly 
 " line of H ighga te, then westerly in the line of Highgate to lake Champlain, then north- 
 " erly by said lake to the Province line aforesaid, will contain in the two tracts of 
 " land including by these lines the contents of twenty three thousand and forty acres 
 "of land." 
 
 In testimony whereof, I hereunto subscribe my name, and have to these Present 
 affixed my Seal of Office. 
 
 Dated at Montpelier, this twenty-ninth day of October, in the year of our Lord one 
 thousand eight hundred and twenty-eight. 
 
 NORMAN WILLIAMS, 
 
 Secretary of State. 
 State of Vermont. 
 
 I, Samuel C. Crafts, Governor in and over said State, hereby certify, that 
 Norman Williams, whose name is subscribed to the foregoing Certifi- 
 cate, is Secretary of State of said State of Vermont, and that full 
 faith and credit are to be given to his attestations as such. And I fur- 
 ther certify, that the Signature of the said Norman Williams to said Cer- 
 [l. s.J tificate, is his own proper hand writing In testimony whereof, I have 
 caused the Seal of said State to be hereunto affixed. 
 
243 
 
 Dated at Montpelier, in said State, this thirtieth day of October, in the Jlppendix. 
 year of our Lord one thousand eight hundred and twenty-eight. 
 
 SAMUEL C. CRAFTS. cra"^" i»d 
 
 a'ony ihe Canada 
 Geo. B. Shaw, Secretary. Lino. 
 
 CERTIFICATE 
 
 OF THE GOVERNOR OF VERMONT, RELATIVE TO THE LANDS FROM CONNECTICUT 
 RIVER TO LAKE CHAMPLAIN, AD.IACENT TO THE NORTHERN BOUNDARY OF THF 
 STATE OF VERMONT, 30TH OCTOBER, 1828. 
 
 Samuel C. Crafts, Governor of the State of Vermont. 
 
 To ALL PERSONS WHO SHALL SEE THESE PRESENTS, GREETING: 
 
 Know ye, that it appears from the records of this State, that the towns of Canaan, Certififate frolu 
 Norton. Holland, Derby, Newport, (formerly Duncansborough) Troy, Jay, Richford, virion™""" ° 
 Berkshire, Franklin, (formerly Huntsburgh) Highgate and Alburgh, comprising all the 
 lands from Connecticut River to Lake Champlain, adjacent to the Northern boundary 
 of the State of Vermont, along the forty-fifth 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 authority of 
 the two Provinces, and in conformity with the agreement between them, and ratified 
 by the King's Order in Council of August 176S,) have been granted and held by virtue 
 either of the Hampshire grants, issued by the former Province of New Hampshire, 
 or by «rants by the State of Vermont, subsequent to the year 1776 — And that all the 
 said towns have been divided into severalty, and have, with two exceptions, been settled 
 and inhabited for more than twenty years last past. 
 
 In testimony whereof, I have caused the seal of said State to be hereunto affixed. 
 Dated at Montpelier, in said State, this thirtieth day of October, in the year of 
 our Lord, one thousand eight hundred and twenty-eight. 
 
 SAMUEL C. CRAFTS. 
 Ceo. B. Shaw, Secretary. 
 
APPENDIX, No. XXXI. 
 
 MR. BARBOUR'S LIST 
 
 THE EARL OF ABERDEEN'S MARGINAL NOTES, 
 
 ACTS, 
 
 As " Acts of a Public Nature," demanded by the American Govern- 
 ment from that of Great Britain, under the third m tide of the 
 Convention of the 29th of September, 1S27, according to the list 
 sent in by the Envoy of the United States to the Earl of Aberdeen, 
 on the 22d September, 182S. 
 
 Appendix. 1 * Grant °f Nova Scotia to Sir William Alexander, by James I. pre- Transmitted here- 
 
 No. 31. sumed to be dated 10th Sept. 1621. 
 „ _"~ . , 2. The Act of confirmation of said grant by Charles I. presumed to be Do. 
 
 Mr. Barbour's List ° J r 
 
 :! l rS ££ dated 12th July, 1625. 
 
 iaruTAberdeén! 3 - Grant of the Province or County of Maine by Charles 1st to Sir Fer- Do. 
 
 nando Gorges (or Georges) presumed to be dated 3d April, 1639. 
 
 4. Charter of the Province of Massachusetts Bay in New England, by d». 
 William and Mary, presumed to be dated October 7th, 1691. 
 
 No order in Conn- 5 Order in Council or other Act of the Crown, by which Nova Scotia, 
 
 r il — !?ee Commis- •* 
 
 ôr"in i°784 Govenl which had been part of Massachusetts' Bay, was not long after the Treaty 
 of Utrecht, separated from Massachusetts, and erected into a separate Go- 
 vernment. 
 Declined as not 6. Report of the Law Officers of the Crown to the Board of Trade on 
 
 being "an act of a 
 
 p» : nature," ac- two questions referred to them, being in substance, whether the Charter 
 
 cording to t lie ^ JO 
 
 terms of the con- r Massachusetts had not become vacated, so far as related to the territory 
 
 v e 1 1 1 1 « > 1 1 - r>ee I-.ail J 
 
 tô A Mr' de Barbour e between the Rivers St. Croix and Kennebeck and the Government thereof, 
 1-'- 1 "' and the right to grant lands therein, had not reverted to the Crown. The 
 
 Report is dated about the year 1730, 31, or 32. 
 Declined, as above 7. The Decision of the Board of Trade or Council on the said Report. 
 
 5. The Proclamation of His Britannic Majesty of the 7th of October 
 1763, erecting in North America the Governments of Quebec, East and 
 West Florida, and for other purposes. 
 
 robesemfrom 9 _ Grant by Lord William Campbell, Governor of Nova Scotia, unto Wil- 
 
 L\( u !>f lll]>VVIt'K J r r 
 
 " Uash,n B tun - Ham Owen and others, of an Island at Passamaquoddy, called Passamaquod- 
 dy Outer Island, containing about 4000 acres, presumed to be dated 30 
 Sept. 1767, and 
 
 ' 
 
245 
 
 Tn b<> sentiront Grant bv Montague Wilmot, Governor of Nova Scotia, to Francis lier- appendix. 
 
 N. Brunswick to J d '' 
 
 w-ashington. narcl, Thomas Pownall and others, of a tract of land, containing liy estima- 
 tion about one hundred thousand acres, extending from the head of the Mi Barbour - » 
 
 " , Ii-' of '.tin rii .'in 
 
 Western Branch of the River Cobscook, there called River St. Croix, to iu.i. ,,,-,• with 
 
 marginal noie* l>y 
 
 the Western Branch of the River Schoodick, bounded by the said Rivers ',"« Earl oi vbt-i 
 and by the East Bay, and including Moose Island and .St. Croix Island, 
 there so called, presumed to be dated 31st of October, 1765. 
 Do. 10. Order for surveying the last mentioned tract of land for the said Go- 
 
 vernor or Francis Bernard and others. 
 
 11. Commission of Richard Phillips as Governor of Nova Scotia in 1749. Transmitted her. 
 
 Commission of Edward Cornwallis as Governor of Nova Scotia in 1749; Do- 
 
 Commission of Henry Ellis as Governor of i\ova Scotia in 1761. Du. 
 
 Commission of Montague Wilmot as Governor of Nova Scotia in 1763. Do. 
 
 Commission of Lord William Campbell, appointed Governor of Nova Do 
 
 Scotia in August, 1765. 
 
 Commission of Francis Legge as Governor of Nova Scotia, appointed d« 
 
 2 June, 1773. 
 
 Of Sir Andrew Snape Hammond, supposed to bear date anterior to 17S3, Do. 
 
 and the Commissions of the persons who were Governors of Nova Scotia 
 in 1776 and in 1782. 
 No order in coun- 12 - Order in Council or other act of the Crown, by which the Province of 
 ■!.'■■ " (/.' v"ni',ii -New Brunswick was erected into a separate Government, about the year 
 
 Thouias Caileion. 
 
 1783, S4, or 85. 
 
 13. Commissions of the several Governors and Lieutenant Governors of 
 New Brunswick, viz. 
 
 Thomas Carleton, Governor of New Brunswick, presu-med to be dated Do, 
 
 August 16, 1784. 
 
 Sir Guy Carleton, Governor of Canada, Nova Scotia and New Bruns- Do, 
 wick, presumed to be dated April 11, 1786, or May 20, 17S6. 
 
 Thomas Carleton, Lieut. Governor of New Brunswick, presumed to be Uo 
 
 dated May 20, 17S6. 
 
 Major General George Stacy Smyth, Lieut. Governor of New Bruns- 
 wick, presumed to be dated Feb. 1S17. 
 
 Sir Howard Douglas, Lieut Governor of New Brunswick, presumed to 
 be dated in August, 1824, and the Commissions of the following persons, 
 who have administered the Government of the Province, as President of 
 the Council (or as President and Commander) during the absence of the 
 Lieut. Governor, or during vacancies, viz: 
 Ho Commission.— Gabriel G. Ludlow, from about October 1803 to February 1808. 
 
 Sui I 1 eui 'I m vir- 
 ai. 1.1 office aa Edward Winslow, from February to May 1S08. 
 
 eldesiCi unsellor. 
 
 Bee Military in Major General Martin Hunter, from May 1S0S to December 1S08, from 
 
 "! "éîa'ëif'àoiii April 1S09 to September 1811, from November 1SU to June 1812. 
 
 Bu t'.i also -is Lieutenant Colonel George Johnstone and Major General William Bal- 
 
 «,u,,,ï. '.'iiu'laine four, respectively , during the two periods of absence of Major General M. 
 ijistiuction. T 
 
 Hunter. 
 
 Do. Major General George Stacy Smyth, (as President and Commander in 
 
 Chief) from April 9, 1S12, to Feb. 2S, 1817, when he was appointed Lieu- 
 tenant Governor. 
 
 n,,. Major General Sir Thomns Saumarez, from August lS13to August 1S14. 
 
 Do. Lieut. Colonel Harris William Hailes, from June 1816 to July 1817. 
 
 3lb g. Ludlow. Ward Chinm.m, Esq. from March 1823 to Feb. 1S24. 
 
 (Surra.) * n 
 
 62* 
 
246 
 
 . îppendîx. John Merry Bliss, from Feb. till August 1824; and also the Commissions 
 
 No. 31. of all other persons, who have been at the head of the administration of 
 
 Mr. Barbour's |vt Brunswick, as Governors, Lieutenant Governors, Presidents, Com- 
 < ^ i; l "'" 1 . , , i , i- • ■ i i 
 
 Evidence with m , n ,|,, rs in Chief, or by whatever title thev may liave been distinguished, 
 
 '"' "' u "'' from the period that New Brunswick was erected into a Distinct Province 
 
 1 .'■;■' to the year 1S2S. 
 
 14. Any Order in Council, or other act of the Crown that may have de- 
 '■ commis' fined or altered the boundaries of the Province of New Brunswick, from 
 
 period? the period of its erection into a separate Government to the year 1828. 
 
 15. Order in Council or other act of the Crown, by which the Province Transmitted hcroi 
 of Quebec was divided into the two separate Provinces or Governments of 
 
 Upper and Lower Canada, 
 vo Order in Coun. jg. Any Order in Council or other act of the Crown, that mav have de- 
 
 cil. — See romniis- J 
 
 sions of Governors. g ne( ] or a lteret] the Southern boundary of Lower Canada, from the period 
 
 of its erection into a separate Province to the present time. 
 i; to 39 inclusive, 17. The King's Letters Patent, or other act either of the Crown, or of 
 
 10 be stnt from . .... 
 
 \>iv Brunswick 10 ii le Government of Nova Scotia, (prior to New Brunswick being- make a dis- 
 
 Wa-liington. , ° 
 
 tinct Province) establishing or erecting the County of Sunbury, in Nova 
 
 Scotia. 
 
 IS. The King's Letters Patent, or act, under the Great Seal of the Pro- 
 vince of New Brunswick, witness Thomas Carleton, Captain General and 
 Governor in Chief of the said Province, dated 10th June. 17S5, erecting into 
 a separate County a district of Land in the same Province, by the name of 
 the County of Northumberland. 
 
 19. The King's Letters Patent or Act (under same seal and attested in 
 same manner) erecting the County of York, in the said Province of New 
 Brunswick, dated 25 July, 1785. 
 
 The following acts of the General Assembly of the Province of New 
 Brunswick, viz : 
 
 20. An Act passed at the session begun and holden on the 3d day of 
 January, 1786, and intituled " An Act for the better ascertaining and con 
 firmino- the Boundaries of the several Counties within this Province, and 
 for subdividing them into Towns or Parishes." 26 Geo. 3. c. 1. 
 
 21. An Act of 16 March, 1S03, in addition to the last mentioned act, (20) 
 13 Geo. 3. c. 4. 
 
 22. An Act of 7th March, 1S14, in further addition to the said Act, (20) 
 .il Geo. 3. c. 17. 
 
 23. An Act of 16th March, 1S03, intituled " An Act for erecting the 
 upper part of the County of York into a distinct Town and Parish." 43 
 Geo. 3. c. 5. 
 
 24. An Act of 20th March, 1821, intituled " An Act to erect the upper 
 part of the County of York into a Town or Parish." 2 Geo. 4. c. 22. 
 
 25. An Act of 7 March, 1S26, intituled "An Act for the division of the 
 county of Northumberland into three Counties, and to provide for the Go- 
 vernment and representation of the two new Counties." 7 Geo. 4. c. 31. 
 
 26. An Act of 8th Feb. 1799, intituled An Act for regulating the fish- 
 cries in the County of Northumberland. 39 Geo. 3 c. 5. 
 
 27. An Act of 5th March, 1S05, intituled An Act to continue sundry 
 Acts of the General Assembly that are near expiring. 45 Geo. 3. c. 19. 
 
 2S. An Actof 14 March, 1S10, intituled "An Act to continue fora limit- 
 ed time an Act passed in the 39th year of H. M's Reign, intituled An Act 
 for regulating the fisheries in the County of Northumberland. 50 Geo. 3.c. 4. 
 
Ml 
 
 20. An Act of 20 March, 1820, intituled An Act to continue several Acts Appendix. 
 of the General Assembly that are nearexpiring. 60 Geo. 3. c. 4. 
 
 30. An Actof 27th March, 1S23, intituled An Actin further amendment Mr. Barbour's 
 
 List of American 
 
 of the Laws for regulating the fisheries in the County of Northumberland. mariât u Zl'\ y 
 
 „ „ the Earl "I Ali<ir- 
 
 4 Geo. 4. c. 23. d ee n. 
 
 31. An Actof 11th March, 1816, intituled "An Act forthe establishment, 
 regulation and improvement of the great roads of communication through 
 the Province." (56 Geo. 3. c. 22 ) 
 
 32. An Act of 22d March, 1817, intituled An Act to appropriate a part of 
 the public revenue for the services therein mentioned. 57 Geo. 3. c. 1 1. 
 
 33. An Act of 25th March, 1S20, intituled An Act to provide for opening 
 and repairing roads and erecting bridges throughout the province, and 
 improving the navigation of certain Rivers therein. 60 Geo. 3. c. 16. 
 
 34. An Act of 21 March, 1S22, intituled ' ' An Act to repeal all the Laws 
 now in force relating to the Establishment, regulation and improvement of 
 the great roads of Communication thro' the Province, and to make more 
 effectual provision for the same." 3 Geo. 4. c. 31. 
 
 35. An Actof 19 March, 1827, intituled "An Act to provide for open- 
 ing and repairing roads and erecting bridges throughout the Province." 
 
 5 Geo. 4. c. 2S. 
 
 The following grants of Land in the Province of New Brunswick, all 
 apparently held immediately from the Crown, but issued under the seal of 
 the Province and by the Governor, Lieutenant Governor, President, or 
 person administering the Government of the said Province, viz: 
 
 36. Grant of a Tract of Land lying at the mouth of Salmon River, where 
 the same empties itself into the River St. John. 
 
 37. Grant to Edward J. Man, Jonathan Hoar and Daniel Babbit, in 
 severalty, of three tracts of land with an Island, containing in the whole 
 about one Thousand and Fifty acres, lying on the south shore of Res- 
 tigouche River, within the Parish of Alnwick, in the County of Northum- 
 berland, dated 20 Feb. 1S2S. 
 
 33. Grant to Alexander Stewart of a Tract of Land containing about 300 
 acres, lying in the Parish of Kent and County of York, on the West skU 
 of and along the River St. John, and adjacent to the upper boundary of 
 the reserve for the use of the garrison at the Great Falls, dated 19th Jan- 
 uary, 1S24. 
 
 39. Grant to Simon Hébert of a tract of Land, containing about 250 acres, 
 lying on the North East side of and along the River St. John, a short 
 distance from the mouth of the Madawaska River, and described as situ- 
 ated in the Parish of Ken» and County of York, in the Province of New 
 Brunswick, dated 16th May, 1S25. 
 
 40. The indictment, conviction, judgment or sentence, and otherprocccd- Transmiuodhsrc- 
 ings against John Baker, in the Supreme Court of Judicature of New 
 Brunswick, at the May Term of said Court, held atFredericktown, A. I). 
 
 1828, for an alleged misdemeanour, at or near the Madawaska settlement. 
 
 41. The Commissions of the several Governors, Lieutenant Governors, or 
 other persons administering the Government of the Province of Quebec, 
 from the year 1763, to the time when it was erected into the two Govern- 
 ments or Provinces of Upper and Lower Canada; and among which may 
 be enumerated those of 
 
 The Honourable James Murray, Esquire, supposed to have been appoint- d». 
 
 ed Governor Oct. S, 1763. 
 
24S 
 
 Appendix* Major General James Johnston, Governor, presumed lo have been ap- N ° 3UCh Go.emcv 
 No 31 - pointed Nov. 26th, 1774. 
 Mr. Barbonf. Guy Carleton, Esquire, Captain General and Governor in Chief, Dec. 29, Tra "™^ d *"*' 
 
 List nt American 
 Evidence Willi 1774. 
 
 "i',e ' Kar"! rfAbet- Ferderick Haldimand , Esq. Captain General and Governor in Chief, Sep- Do. 
 
 <iem. 
 
 tember 1st, 1777. 
 
 Sir Guy Carleton Governor of Quebec, Nova Scotia and New Bruns- Do 
 
 wiek, April 11, 1786. 
 
 42. The Commissions of the several Governors, Lieutenant Governors, or 
 persons administering the Governments of the Provinces of Upper and 
 Lower Canada, or either of them, from the period that the said separate 
 Governments were established to the present time, and among which may 
 be particularly mentioned those of 
 
 Francis Gore, Esq. as Lieut. Governor of Upper Canada appointed j^ 
 
 March 1, 1806. 
 
 Lieut. General Sir James Henry Craig, as Captain General and Go- D> 
 
 vernor in Chief of the Provinces of Upper and Lower Canada, Nova Scotia, 
 New Brunswick and the islands of Prince Edward and Cape Breton, 
 August 29, 1807. 
 
 Honorable Francis Burton, Lieutenant Governor of Lower Canada, No? D « 
 
 vember 29, 1808. 
 
 Lieut. General George Prévost, Bart. Captain General, Governor in "« 
 
 Chief, &c. Commander of the Forces in Upper and Lower Canada, &c. ap- 
 pointed in August, 1811. 
 Not yet received Lieut. General Sir Coape Sherbrooke, Governor of the Provinces of 
 
 from the Rolls' *" 
 
 Ohapei. Upper and Lower Canada, New Brunswick, Nova Scotia and the Islands 
 
 of Prince Edward and Cape Breton, appointed in January, 1816. 
 
 Sir Peregrine Maitlaud, as Lieut Governor of Upper Canada, January, d*. 
 
 1818. 
 b* The Duke of Richmond, as Captain General and Governor in Chief of 
 
 the Provinces of Lower and Upper Canada, Nova Scotia, New Brunswick 
 and the Islands of Prince Edward and Cape Breton, in March, 1S18. 
 Do. Lieut. General the Earl of Dalhousie, as Captain General and Governor 
 
 in Chief of the Provinces of Lower and Upper Canada, Nova Scotia, New 
 Brunswick and the Islands of Prince Edward and Cape Breton, appointed 
 October, 1819. 
 
 Of Sir John Coleborne supposed to have been appointed in 1828, as n. 
 
 Lieutenant Governor of Upper Canada. 
 
APPEJVDIX 
 
 TO 
 
 (tirwU Stnttmtnt 
 
 $ 
 
 63* 
 
APPENDIX, No. VIII. 
 
 EXTRACTS 
 
 FROM THE 
 
 SECRET JOURNALS OF CONGRESS. 
 
 .august 14, 1779. 
 
 Congress proceeded in the consideration of the instructions to the Minister to be appendix: 
 appointed for negotiating a peace ; and unanimously agreed to the following draft of No - 8 - 
 instructions to the Commissioner to be appointed to negotiate a Treaty of Peace with Extracts from the 
 
 Great Britain. ******»« Secret Journals of 
 
 L onprcss. 
 
 ******** Vol-S^pâgeSM 
 
 3. The boundaries of these States are as follows, viz. These States are bounded Page225. 
 North, by a line to be drawn from the north-west angle of Nova Scotia along the 
 highlands which divide those rivers which empty themselves into the River St. Law- 
 rence, from those which fall into the Atlantick Ocean, to the north-westernmost head 
 of Connecticut River ; thence down along the middle of that river to the forty-fifth 
 degree of North latitude ; thence due West in the latitude forty-five degrees north 
 from the equator to the north-westernmost side of the River St. Lawrence or Cada- 
 raqui ; thence straight to the South end of Nepissing ; and thence straight to the 
 source of the River Mississippi : JVest, by a line to be drawn along the middle of 
 the River Mississippi from its source to where the said line shall intersect the thirty- 
 first degree of north latitude : South, by a line to be drawn due cast from the termina- 
 tion of the line last mentioned in the latitude of thirty-one degrees north from the 
 equator to the middle of the River Appalachicola, or Catahouchi ; 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 Allan- 
 tick Ocean : and East by a line to be drawn along the middle of St. John's River, 
 from its source lo its mouth in the Bay of Fundy, comprehending all islands within 
 twenty leagues of any part of the shores of the United States, and lying between lines 
 to he drawn due cast from the points where the aforesaid boundaries between Nova 
 Scotia on the one part, and East Florida on the other part, shall respectively touch 
 the Bay of Fundy ind Atlantick Ocean. You arc, therefore, strongly to contend 
 that the whole of the said countries and islands lying within the boundaries aforesaid, 
 and every citadel, fort, pest, place, harbour and road to them belonging, be absolutely 
 evacuated by the land and sea forces of his Britannick Majesty, and yielded to the 
 powers of the States to which they respectively belong, in such situation as they may- 
 be at the termination of the war. But, notwithstanding the clear right of these States, 
 and the importance of the object, yet they are so much influenced by the dictates of 
 religion and humanity, and so desirous of complying with the earnest request of their 
 allies, that if the line to be drawn from the mouth of the Lake Nepissing to the head 
 of the Mississippi cannot be obtained without continuing the wer for that purpose, 
 
252 
 
 appendix, you ore hereby empowered to agrre to some other line between that point and the 
 No ■'■ River Mississippi , provided the same shall in no part thereof be to the southward of 
 
 ,. vli; ,~7~, latitude forty-five degrees north. And in like manner, if the eastern boundary above 
 
 01 described cannot be obtained, you are hereby empowered to agree that the same shall 
 s-^e sas. be afterwards adjusted by Commissioners to be duly appointed for that purpose, 
 according to such line as shall he by them 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 respective rights. 
 And you may also consent, that the enemy shall destroy such fortifications as they 
 may have erected. 
 
 vo\. 2-page «5. Instructions to The Honourable John Adams, Benjamin Franklin, John Jay, 
 
 Henri/ Laurens and Thomas Jefferson, Ministers Plenipotentiary on Behalf 
 
 of the United States of America to negotiate a Treaty of Peace. 
 
 You are hereby authorized and instructed to concur, in behalf of these United 
 
 States, with his Most Christian Majesty, in accepting the mediation proposed by the 
 
 Empress of Russia and the Emperor of Germany. 
 
 You are to accede to no Treaty of Peace which shall not be such as may, 1st, effec- 
 tually secure the independence and sovereignty of the thirteen States, according to 
 the form and effect of the Treaties subsisting between the said States and his Most 
 Christian Majesty ; and, 2d, in which the said Treaties shall not be left in their full 
 force and validity. 
 
 As to disputed boundaries and other particulars, ive refer you to the instructions 
 formerly given to Mr. Adams, dated 14th August, 1779, and ISth October, 1780, 
 from which you will easily perceive the desires and expectations of Congress ; but 
 we think it unsafe, at this distance, to tie you up by absolute and peremptory direc- 
 tions upon any other subject than the two essential articles abovementioned. You 
 are Iherefore at liberty to secure the interest of the United States in such manner as 
 circumstances may direct, and as the state of the belligerent and disposition of the 
 mediating powers may require. For this purpose, you are to make the most candid 
 and confidential communications upon all subjects to the Ministers of our generous 
 ally, the King of France ; to undertake nothing in the negotiations for peace or truce 
 without their knowledge and concurrence ; and ultimately to govern yourselves by 
 their advice and opinion, endeavouring in your whole conduct to make them sensible 
 how much we rely on his Majesty's influence for effectual support in everything that 
 may be necessary to the present security, or future prosperity of the United States of 
 America. 
 
 If a difficulty should arise in the course of the negotiation for peace, from the back- 
 wardness of Britain to make a formal acknowledgment of our independence, you are 
 at liberty to agree to a truce, or to make such other concessions as may not affect the 
 substance of what we contend for ; and proi'ided that Great Britain be not left in 
 possession of any part of the Thirteen United States. 
 
 [Signed] SAMUEL HUNTINGTON, 
 
 President. 
 Ch. Thomson, 
 
 Secretary. 
 
 Vol. :!-pa S e i6i. On the 22d of January, 1782, the foregoing report was referred to another com- 
 mittee, consisting of Mr. Carroll, Mr. Randolph and Mr. Montgomery, who on the 
 IGth day of August, 17S2, reported, that they have collected facts and observations as 
 follows, which they recommend to be referred to the Secretary for Foreign Affairs, to 
 be by him digested, completed and transmitted to the ministers plenipotentiary for 
 negotiating a peace, for their information and use. 
 
253 
 
 Facts and Observations in support of the several Claims of the United Stales not Appendix. 
 included in their Ultimatum of the 15th of June, 1781. Nl> - 8 - 
 
 - , ««*- **»*,,. Extracts from the 
 
 Congress 
 
 First Objection. Even upon the supposition that the Charter of Massachusetts is Vo i. a^jUge no 
 valid, so as to cover the vacant lands, still it does not follow, that St. John's River is 
 part of its Eastern boundary. For that river is contended to be in Nova Scotia, under 
 the expression in the new charter of Massachusetts, in 1691, which conveys the 
 Country between the Province of Maine and Nova Scotia. The South-west boun- 
 dary of Nova Scotia, therefore will regulate this claim. But it is well known that 
 in the altercation between France and Great Britain upon this very subject, in 1751, 
 Acadia, or Nova Scotia, was asserted by the latter to be bounded by Pentagoet or Pe- 
 nobscot River. 
 
 Answer. It is to be observed, that when the boundaries of the United States were 
 declared to be an ultimatum, it was not thought advisable to continue the war merely 
 to obtain territory as far as St. John's River ; but that the dividing line of Massachu- 
 setts and Nova Scotia was to be consigned to future settlement. // must be confessed 
 also that this country, which is said in the new charier to border on Nova Scotia 
 and the Province of Maine, on opposite sides, and which goes under the name of 
 Sagadahock, cannot be proved to extend to the River St. John, as clearly as to that 
 of St. Croix. But there is some reason, notwithstanding, to believe that Nova Scotia 
 was never supposed by the British King, in any grant to his subjects, to come to the 
 South of St. John's River, although he might have exacted from France a relinquish- 
 ment of the lands to the River Penobscot, or even Kennebeck, as a part of Nova Scotia. 
 
 The first notice taken of Nova Scotia by the King of Great Britain was in a grant 
 which he made of that country to Sir William Alexander, on the 10th September, 
 1621. According to this grant, it was to begin at Cape Sable, to extend towards St. 
 Mary's Bay, to cross the great bay between the Etchcmins and Sourigois to the 
 mouth of the River St. Croix, to run up to the source of that river, and from thence 
 by a straight line drawn northwardly to the Great River of Canada. On the 12th 
 July, 1625, a patent issued to the same Sir William Alexander confirming to him the 
 same. 
 
 These grants could not reach to the west of St. Croix, "because" (say the English 
 Commissaries in their memorial of the 11th January, 1751, s. 42,) "all the country 
 to (he westward of the River St. Croix had, in the year 1620, before the date of the 
 first of them, been granted by King James to certain of his subjects, by the name of 
 the Council of Plymouth, of which grantees Sir William Alexander was one, and who, 
 by virtue of an agreement among the said grantees, possessed the country lying be- 
 tween the River St. Croix and Pemaquid, a little to the westward of Pentagoet." 
 
 Popple's map, which was undertaken, as the author relates, with the approlwition of 
 the Lords Commissioners of Trade and Plantations, makes St. Croix the western boun- 
 dary of Nova Scotia. Champlain expressly bounds Acadia by St. Croix to the west- 
 ward. We may add, as being further corroborative of this western limit of Nova 
 Scotia, that the English Commissaries themselves, in their reply of the 4th October, 
 1751, commend the map in the fourth volume of Purchas's Pilgrim as the first ancient 
 map of Nova Scotia and New England deserving notice ; the latter of which thev 
 assert to be bounded northwardly, as is delineated in the map, by the River St. Croix. 
 The same Commissaries afterwards remark, that it is clear from history that the 
 Country between the rivers Sagadahock and St. Croix had been settled many years 
 earlier than the date of the new Charter of Massachusetts ; and that Great Britain con- 
 sidered it as a part of her American Colonies. It could not have been included within 
 Nova Scotia, since it is expressly contradistinguished from it. Sagadahock too is 
 
 64* 
 
254 
 
 appendix, granted to the Duke of York under the description of "all that part of the main land 
 N " s - of New England beginning at a certain place called or known by the name of St. 
 
 EmrJû n the Croix, adjoining to New Scotland in America." 
 
 r V'/' ''' '" Should it be argued, that it was manifestly the opinion in England at the time of 
 
 vol. :s~ge no. granting the new charter that the lands between the Rivers Sagadahock and St. Croix 
 were not included within the limits of Massachusetts, since grants of them were not 
 valid until confirmed by the Crown ; an answer arises from two considerations. 
 First, this charter incorporates these lands into the Province of Massachusetts in 
 unequivocal terms ; and, Secondly, one at least of the Counsellors directed to be 
 chosen yearly for the Province at largo, was to be from the inhabitants or proprietors 
 of lands within this territory. The Board of Trade and Plantations on the 29th April, 
 1700, declared in a solemn act, that New England ought of right to extend to St. 
 Croix. See the Act. 
 
 It does not appear then, that Nova Scotia hath ever been carried to the West of the 
 River St. Croix in any British grant, or any British document relative to New Eng- 
 land. We own that in the memorials of the Court of Great Britain to the French 
 Court, after the peace of Aix la Chapelle, relative to the boundaries of Nova Scotia, 
 Penobscot River is sometives asserted to be one of its boundaries, and Kennebeck, at 
 others. But nothing is proved from thence, but a desire in the British King to pro- 
 cure an absolute release from France of all her pretensions, however distant. For a 
 general discussion on this subject, see the British and French memorials on the occa- 
 sion, and the treaties of St. Germain, on the 29th of March, 1632, of Westminster, 
 3d November, 16.55, and of Breda, 31st July, 1667. 
 
 As to the territory of Sagadahock, which is synonymous with the lands between 
 the Province of Maine and Nova Scotia, conveyed by the new charter, we can only ob- 
 serve upon the expression already cited from the grant thereof to the Duke of York, 
 that the " place called St. Croix adjoining to New Scotland," must mean the territory 
 which went by that name. Had the river only been designed, it alone would have 
 been mentioned. It seems to have been the practice of those times to denominate a 
 Country from a river which bounded it. The River Sagadahock accordingly, at 
 first, gave its own appellation to the whole country as far as the River St. Croix, and 
 afterwards, to the country from thence to St. John's, which had before been called St. 
 Croix. The place, therefore, called St. Croix, adjoining to New Scotland, was most 
 likely intended to describe the lands between the Rivers St. Croix and St. John's. 
 History does not inform us that any particular spot of them was known as St. Croix. 
 Hut as the first course of the grant to the Duke of York plainly runs from Nova Scotia 
 to Massachusetts along the sea coast, it is probable that it was to begin at the first 
 point in the country of St. Croix on the coast. This must have been on St. John's 
 River. And as the last line of the grant is not closed, it is more agreeable to the 
 usage of those days to adopt a natural boundary. For this purpose, St. John's River 
 was obvious as far as its head, and afterwards a line to the great river of Canada. See 
 grant to the Duke of York for Sagadahock, 12th March, 1663-4. 
 
 We are obliged to urge probabilities, because in the early possession of a rough 
 unreclaimed country accuracy of lines cannot be much attended to. But we wish 
 that the north-eastern boundary of Massachusetts may be left to future discussion, 
 when other evidences may be obtained which the war has removed from us. 
 
 vol. 3-rage 189. The prohibition announced to the governours of all the Colonies, except those of 
 Quebec, East Florida and West Florida, to grant warrants of survey, or pass patents 
 
255 
 
 "for the present and until his (the British King's) farther pleasure should be known," appendix. 
 for any lands beyond the heads or sources of the Rivers which fall into the Atlantide 
 
 Ocean from the west and north-west, strongly intimates an opinion, that there were Extracts from u.'- 
 
 ..'.*. ..... c ., Secret Journals of 
 
 lands bevond the heads of those rivers within the jurisdiction ot those Governours. Congress. 
 
 Otherwise the prohibition would have been unnecessary. Again, by the injunction Vol. 3-page i* 11 
 '• not to grant warrants of survey, or to pass patents for any lands whatever which, 
 not having been ceded to or purchased by the British King, were reserved to the 
 Indians, or any of them," a restriction of territory could not have been designed by a 
 King, who granted charters to his Colonies, knowing that they would interfere with 
 the rights of the Indians, who has always considered a cession or purchase from them 
 as a milder mean of anticipating their hostility rather than a source of title, who since 
 ihe date of the proclamation has granted, through the prohibited Governours them- 
 selves, large quantities of lands beyond the heads of those rivers, and whose own 
 geographer, Eman'l Bowen, in a m:,p delineating the British, Spanish, and French 
 dominions in America, according to the Treaty of Paris and this very proclamation, 
 has carried Georgia, South Carolina, North Carolina, and Virginia as far as the Mis- 
 sissippi. The single object of these parts of the proclamation was to suspend the 
 business of the land offices, not to curtail limits ; to keep the Indians in peace, not to 
 annihilate the territorial rights of the Colonies. 
 
 'o 
 
 August 20, 17S2. 
 
 The report being under debate for referring the foregoing facts and observations to Pagesoi. 
 the Secretary for Foreign Affairs, to be by him digested, completed and transmitted 
 to the ministers plenipotentiary of the United States, for negotiating a treaty of peace, 
 
 A motion was made by Mr. Witherspoon, seconded by Mr. Montgomery, that the p a »e203, 
 report be committed ; and on the question lor commitment, the yeas and nays being 
 required by Mr. Bland — * * * * * * 
 
 **»*»■ i « » 
 
 So it was resolved in the affirmative. 
 
APPENDIX, No. IX. Co; 
 
 EXTRACTS 
 
 FRANKLIN'S PRINTED PRIVATE CORRESPONDENCE. 
 
 Paper No. 1, entire. [See appendix, page 69.] 
 
 Articles agreed upon by and between Richard Oswald, Esq. the Commissioner of His 
 ' No. 9. (a) ' Britannic Majesty for treating of peace with the Commissioners of the United States 
 
 f America, on the behalf of his said Majesty, on the one part, arid Benjamin Frank- 
 
 Frinkiin's private y m anf j. John Jay, two of the Commissioners of the said States for treating of peace 
 
 Correspondence. J .,»«-• • i i î r 1 1 
 
 with the Commissioner of his said Maiesty, on their behali, on the other part. 
 
 Proposed Articles. ^ 
 
 Whereas, reciprocal advantages and mutual convenience are found, by experience, 
 to form the only permanent foundation of peace and friendship between Stales, it is 
 agreed to frame the articles of the proposed treaty on such principles of liberal equali- 
 ty and reciprocity, as that partial advantages (those seeds of discord,) being excluded, 
 such a beneficial and satisfactory intercourse between the two countries may be es- 
 tablished, as to promise and secure to both the blessings of perpetual peace and har- 
 mony. 
 
 1st. His Britannic Majesty acknowledges the said United States, viz: New Hamp- 
 shire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, 
 New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Caroli- 
 na, South Carolina, and Georgia, to he free, sovereign, and independent States: That 
 he treats with them as such; and for himself, his heirs and successors, relinquishes all 
 claims to the government, proprietary, and territorial rights of the same, and every part 
 thereof; and that all disputes ivhich might arise, in future, on the subject of the boun- 
 daries of the said United States, may be prevented, it it is hereby agreed and declared, 
 that the following are, and shall remain to he, their boundaries, viz: 
 
 The said States are bounded, North, by a line to be drawn from the north-west an- 
 te of Nova Scotia, along the high lands which divide those rivers ivhich empty 
 thetnse/ves into the River St. Lawrence, from those which fall into the .Atlantic 
 Ocean, to the northernmost head of Connecticut Hiver; thence, down along the 
 middle of that river to the 45th degree of north latitude, and thence due west, in the 
 latitude forty-five degrees north from the equator, to the north-westernmost side of 
 the River St. Lawrence, or Cadaraqui; thence straight to the south end of the Lake 
 Nipissing, and thence straight to the source of the River Mississippi: West, by a 
 line to be drawn along the middle of the River Mississippi, from its source to where 
 the said line shall intersect the thirty-first degree of north latitude: South, by a line 
 to be drawn due east from the termination of the line last mentioned, in the latitude 
 of thirty-one degrees north of the equator, to the middle of the River Apalachicola, or 
 Catahouchi; thence along the middle thereof, to its junction with the Flint River; 
 
 £> 
 
thence, straight to the head of St. Mary's River; thence, down along the middle of Jlppmdia 
 
 St. Mary's River to the Atlantic Ocean: and East, by a line to be drawn along (he 
 
 middle of St. John'' s River, from ils source to its mouth in the Bay of Fundi/, r.u.ni-T,.,„i 
 
 comprehending all islands within twenty leagues of any part of the shores of the Unit-' ■•rrwimmii-nw 
 
 ed States, and lying between lines to be drawn due cast from the points where the ^"^. A " ic ,j 
 
 aforesaid boundaries, between Nova Scotia on the one part, and East Florida on the 
 
 other, shall, respectively, touch the Bay of Funny and the Atlantic Ocean. 
 
 2d. From and immediately after the conclusion of the proposed treaty, there shall 
 be a firm and perpetual peace between His Britannic Majesty and the United States, 
 and between the subjects of the one and the citizens of the other: wherefore, all hos- 
 tilities, both bv sea and land, shall then immediatly cease; all prisoners on both sides 
 shall be set at liberty; and his Britannic Majesty shall, forthwith, and without causing 
 any distinction, withdraw all his armies, garrisons and fleets from the said United 
 States, and from every post, place and harbor within the same, leaving in all forti- 
 fications the American artillery that may be therein: and shall also order and cause all 
 archives, records, deeds, and papers, belonging to either of the said States, or their 
 citizens, which, in the course of the war, may have fallen into the hands of his offi- 
 cers, to be forthwith restored, and delivered to the proper States and persons to whom 
 they belong. 
 
 3d. That the subjects of his Britannic Majesty, and the people of the said United 
 States, shall continue to enjoy, unmolested, the right to take fish of every kind on the 
 banks of Newfoundland, and other places where the inhabitants of both countries used 
 formerly, to wit: before the last war between France and Britain, to fish; and, also, 
 to dry and cure the same at the accustomed places, whether belonging to his said 
 Majesty, or to the United Stales; and his Britannic Majesty and the said United 
 States will extend equal privileges and hospitality to each other's fishermen as to 
 their own. 
 
 4th. That the navigation of the River Mississippi, from its source to the Ocean, 
 shall forever remain free and open; and that both there, and in all rivers, harbors, 
 lakes, ports, and places, belonging to his Britannic Majesty, or to the United 
 States, or in any part of the world, the merchants and merchants' ships, of the one 
 and the other, shall be received, treated and protected, like the merchant and mer- 
 chants' ships of the sovereign of the country: that is to say, the British merchants 
 and merchant ships, on the one hand, shall enjoy in the United States, and in all 
 places belonging to them, the said protection and commercial privileges, and be lia- 
 ble only to the same charges and duties as their own merchants and merchant ships; 
 and, on the other hand, the merchants and merchant ships of the lulled States, 
 shall enjoy in all places belonging to his Britannic Majesty, the same protection 
 and commercial privileges, and ha liable only to the same charges and duties of 
 British Merchants and merchant ships, saving always, to the chartered trading com- 
 panies of Great Britain, such exclusive use and trade, and their respective posts and 
 establishments, as neither the subjects of Great Britain, nor any of the more favored 
 nations, participate in. 
 
 Paris, Sth October, 17S2. A true copy of which has been agreed on between the 
 American Commissioners and me, to be submitted to his Majesty's consideration. 
 
 [Signed] RICHARD OSWALD. 
 
 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 
 Commissioners, as soon as conveniently may he after the war. 
 
 65' 
 
258 
 appendix. Extract of a Letter to the Hon. Robert /?. R. Livingston. 
 
 No. 9. (a) 
 Passy, September 26, 17S2. 
 
 Bursas from Dr. •* 
 
 nankim's Private (i rp^ e negotiations for peace have hitherto amounted to little more than mutual pro- 
 BdË^ract. fessions of sincere desires, &c., being obstructed by the want of due form in the Eng- 
 . lish commissions appointing their plenipotentiaries. The objections made to those 
 for treating with France, Spain, and Holland, were first removed; and by the enclosed,* 
 it seems that our objections to that for treating with us, will now be removed also; 
 so that we expect to begin in a few days our negotiations. Eut there arc so mauy 
 interests to be considered and settled in a peace between five different nations, that it 
 will be well not to flatter ourselves with a very speedy conclusion." 
 
 !>' Franklin to I 
 
 * The Commission here following: 
 commission io Commission under the Great Seat of Great Britain, empowering Richard Os- 
 
 Kicliard Oswald. . . , 
 
 wald, Esq. io treat with the Commissioners oj the llurleen United Stales nf 
 
 America. 
 
 George the Third, by the Grace of God, of Great Britain, France, and Ireland, 
 King, Defender of the Faith, and so forth, To our trusty and well beloved Richard 
 Oswald, of our City of London, Esq. Greeting: Whereas, by virtue of an act passed in 
 the last session of Parliament, intituled an Act to enable his Majesty to conclude a 
 peace or truce with certain Colonies in North America therein mentioned, it is re- 
 cited, that it is essential to the interests, welfare, and prosperity of Great Britain and 
 the Colonies or Plantations of New Hampshire, Massachusetts' Bay, Rhode Island, 
 Connecticut, New York, New Jersey, Pennsylvania, the three lower counties on 
 Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, in 
 North America, that peace, intercourse, trade, and commerce should be restored 
 between them; therefore, and for a full manifestation of our earnest wish and desire, 
 and of that of our parliament, to put an end to the calamities of war, it is enacted, 
 that it should and might be lawful for us to treat, consult of, agree, and conclude with 
 any Commissioner or Commissioners, named or to be named by the said colonies or 
 plantations, or any of them respectively, or with any body or bodies corporate op 
 politic, or any assembly or assemblies, or description of men, or any person or persons 
 whatsoever, a peace or a truce with the said colonies or plantations, or any of them, 
 or any part or parts thereof, any law, act or acts of parliament, matter or thing to the 
 contrary in any wise notwithstanding; Now know ye, that we, reposing especial trust 
 in your wisdom, loyalty, diligence, and circumspection, in thfi management of the 
 jifiairs to bo hereby committed to your charge, have nominated and appointed, consti- 
 tuted and assigned, and by these presents do nominate and appoint, constitute and 
 assign you, the said Richard Oswald, to be our Commissioner in tiiat behalf, to use 
 and exercise all and every the powers and authorities hereby entrusted and committed 
 to you, the said Richard Oswald, and to do, perform, and execute all other matters 
 and things hereby enjoined and committed to your care, during our will and no 
 longer, according to the tenor of these our letters patent; And it is our royal will 
 and pleasure, and we do hereby authorize, empower, and require you, the said 
 Richard Oswald, to treat, consult of, and conclude, with any Commissioners or per- 
 sons vested with equal powers, by and on the part of the thirteen United States of 
 America, viz: New Hampshire, Massachusetts' Bay, Rhode Island, Connecticut,. New 
 York, New Jersey, Pennsylvania, the three lowcrr counties on Delaware, Maryland, 
 Virginia, North Carolina, South Carolina, and Georgia in North America, a peace or 
 a truce with the said thirteen United States, any law, act or acts of parliament, mat- 
 
259 
 
 ter or thing to the contrary in any wise notwithstanding. And it is our further will JlpnatiJim. 
 and pleasure, that every regulation, provision, matter, or thing, which shall have hern No- 9 ' ! 
 
 agreed upon between you, the said Richard Oswald, and such Commissioners or per- evh.icu«i ni 
 
 sons as aforesaid, with whom you shall have judged meet and sufficient to cuter into. ,',!', "l, 
 such agreement, shall be fully and distinctly set forth in writing, and authenticated by 2<i i suaci 
 vour hand and seal on one side, and by the hands and seals of such Commissioners or Commis \ 
 
 J ... Richard Oswald 
 
 persons on the other, and such instrument so authenticated, shall be by you transmit- 
 ted to us through one of our principal Secretaries of State. And it is our further will 
 and pleasure, that you, the said Richard Oswald, shall promise and engage for us, and 
 in our royal name and word, that every regulation, provision, matter or thing, which 
 may be agreed to and concluded by you our said Commissioner, shall be ratified and 
 confirmed by us, in the fullest manner and extent; and that we will not suffer tiiem 
 to be violated or counteracted, either in whole or in part, by any person whatsoever. 
 And we do hereby require and command all our officers, civil and military, and all 
 others our loving subjects whatsoever, to be aiding and assisting unto you, the said 
 Richard Oswald, in the execution of this our Commission, and of the powers and au- 
 thorities herein contained. Provided always, and we do hereby declare and ordain, 
 that the several offices, powers, and authorities hereby granted, shall cease, deter- 
 mine, and become utterly null and void, on the first day of July, which shall be in the 
 year of our Lord one thousand seven hundred and eighty-three, although we shall 
 not otherwise, in the mean time, have revoked and determined the same. And 
 whereas in and by your commission and letters patent, under our Great Seal of Great 
 Britain, bearing date the seventh day of August last, we nominated and appointed, 
 constituted and assigned you, the said Richard Oswald, to be our Commissioner, to 
 treat consult of, agree, and conclude with any Commissioner or Commissioners named 
 or to be named by certain Colonies or plantations therein specified, n peace or truce 
 with the said Colonies or Plantations: Now know ye, that we have revoked and de- 
 termined, and by these presents do revoke and determine, our said Commission and 
 letters patent, and all and every power, article, and thing therein contained. 
 
 In witness whereof, we have caused these our letters to be made patent. 
 
 Witness our self at Westminster, the twenty-first day of September, and the twenty- 
 second year of our reign. 
 
 By the King himself. 
 
 [Signed] VORKE. 
 
 Paris, October 1, 17S2. 
 I certify, that the adjoining is a true copy of the Commission, of which it purports 
 to be a Copy, and which has been shown to Dr. Franklin and Mr. Jay. 
 
 [Signed] RICHARD OSWALD, 
 
 The Commissioner therein named. 
 
 Copy of the 1st and 22d articles of the Preliminary Treaty between France and 
 
 Great Britain. 
 
 Article XXII. 
 Pour prévenir tousles sujets de plainte et de contestation qui pourroient naître à 3d Extract, 
 l'occasion des prises qui pourroient être faites en mer depuis la signature de ces articles Kd \m 
 préliminaires, on est convenu réciproquement que les vaisseaux et effets qui pour- ruai; 
 roient être pris dans la Manche, et dans les Mers du Nord, après l'espace de douze 
 jours à compter depuis la ratification des présents articles préliminaires, seront de part 
 et d'autre restitués. Que le terme sera d'un mois depuis la Manche et les Mers du 
 
260 
 
 appendix. Nord, jusqu'aux Isles Canaries inclusivement, soit dans l'océan, soit dans la Méditer- 
 No. 9. (a) ranée; de deux mois depuis lesditcs Isles Canaries jusqu'à la ligne equinoxiale ou 
 ,. , lY-nuateur- et enfin de cinq mois dans tous les autres endroits du monde sans aucune 
 
 SpSlfdencc? exception ni autre distinction plus particulière de tems et de lieux. 
 
 Extract from a Proclamation of George III. declaring a cessai ion of.lnns. llth 
 
 February, 17S3. 
 4ii. Extract. " That such vessels and effects as should be taken in the Channel and in the North 
 
 From a Proclama- g eas after the space of twelve days, to be computed from the ratification of the said 
 preliminary articles, should be restored on all sides. That the term should be one 
 month from the Channel and the North Seas, as far as the Canary Islands inclusive}', 
 whether in the Ocean or in the Mediterranean; two months from the said Canary 
 Islands, as far as the equinoctial line or equator; and lastly, five months in all other 
 parts of the world, without any exception, or any other more particular description of 
 time or places: 
 
 non for a cessation 
 ol arms 
 
 " Wc have thought fit, by and with the advice of our privy council, to notify the 
 same to all our loving subjects; and we do declare, that our royal will and pleasure is, 
 and we do hereby strictly charge and command all our officers, both at sea and land, 
 and all other our subjects whatsoever, to forbear all acts of hostility, either by sea or 
 land, against his most Christian Majesty, the King of Spam, the States' General of the 
 United Provinces, and the United States of America, their vessels or subjects, from 
 and after the respective times above-mentioned, and under the penalty of incurring 
 our highest displeasure. 
 
 " Given at our Court at St. James's, the fourteenth day of February, in the twenty- 
 third year of our reign, and in the year of our Lord one thousand seven hundred 
 and eighty-three. 
 
 " God save the King." 
 
 Extract of a Letter from the «Imerican Commissioners to It. It. Livingston, Esq. 
 
 July, 17S3. 
 «h Extract «Mr. Oswald was desirous to cover as much of the eastern shores of the Missis- 
 
 A,n.''nr ',,,'''''(, !,n>ipP' with British claims as possible, and for this purpose we were told a great deal 
 "":Z" "n"'" "' about the ancient bounds of Canada and Louisiana, &c. &c. &c. The British Court, who 
 had probably not yet adopted the idea of relinquishing the Floridas, seemed desirous 
 of annexing as much territory to them as possible, even up to the mouth of the Ohio. 
 Mr. Oswald adhered strongly to that object, as well to render the British Countries 
 there of sufficient extent to be (as he expressed it) worth keeping and protecting, as 
 to afford a convenient retreat to the Tories, for whom it would be difficult otherwise 
 to provide. And among other arguments, he finally urged his being willing to yield 
 to our demands to the east, north and west, as a further reason for our gratifying him 
 on the point in question. He also produced the commission of Governor Johnson, 
 extending the bounds of his government of Ji'est Florida tip to the river Yassous, 
 and contended for that extent as a matter of right upon various principles; which 
 however we did not admit; the King not being authorized in our opinion to extend- 
 or contract the bounds of the colonies at pleasure." 
 
 ^ * * V - If # * * * * 
 
 "There are, no doubt, certain ambiguities in our articles; but it is not to be won- 
 dered at, when it is considered how exceedingly averse Britain was to expressions 
 
<261 
 
 which explicitly wounded the tories, and hoio disinclined we were to use any that Appendix. 
 should amount to absolute stipulations in their favor. No. 9. («j 
 
 " The words, for restoring the property of real British subjects, were well under- r*„.^TTn„,n, 
 stood and explained between us, not to mean or comprehend American refugees. Mr c™?e k B ^nden«!" 
 Oswald and Mr. Fitzherbert know this to have been the case, and will readily confess 5th Ëxtrâci. 
 and admit it. This modo of expression was preferred by them as a more delicate ^tier iv^u, e a- 
 
 ii* i ]• .1 r l /• i • >■ merican Commis* 
 
 mode ot excluding those relugees, and of making a proper distinction between them s - '- " 1; 
 
 and the subjects of Britain, whose only particular interest in America consisted in 
 holding lands or property there. 
 
 " The 6th Article, viz. where it declares that no future confisca lions shall be made, 
 &c. ought to have fixed the time with greater accuracy. We think the most fair and 
 true construction is, that it relates to the date of the cessation of hostilities: that is the 
 time when peace in fact took .place, in consequence of prior unformal, though bind- 
 ing, contracts to terminate the War. We consider the definitive Treaties as only 
 giving the dress of form to those contracts, and not as constituting the obligation of 
 them. Had the cessation of hostilities been the effect of a truce, and consequently 
 not more than a temporary suspension of war, another construction would have been 
 the true one." 
 
 * * * * * s •; * ****** * 
 
 [Signed] "J. ADAMS, 
 
 "B. FRANKLIN, 
 
 "J. JAY, 
 
 "H. LAURENS." 
 
 66 v 
 
APPENDIX, No. XXXII. 
 
 COMMISSIONS 
 
 TO 
 
 JOHN ELIOT AND PETEPv CHESTER. 
 
 1767—1770. 
 
 Commission to John Eliot, as Governor of the Province of West Florida. 
 
 " George the Third, by the grace of God, of Great Britain, France and Ireland, King, 
 ' No 32. ' defender of the faith, and so forth, to our trusty and well beloved John Eliot, Esq'r. 
 
 Greeting: 
 
 ËnTamiTches- " Whereas, we did by our letters patent under our great seal of Great Britain, bear- 
 or West Florida, ing date at Westminster, the twenty-first day of November,/» the fourth year of 
 J'.i.n Eliot— n«7. our reign, constitute and appoint George Johns/one, Esquire, captain general and 
 governor in chief in and over our Province of West Florida, in America, bounded 
 to the southward by the gulph of Mexico, including all islands within six leagues of 
 the coast; from the river Apalachicola to lake Ponchartrain; to the westward by the 
 said lake, the lake Maurepas and the river Mississippi; to the northward by a line 
 drawn due east from that part of the river Mississippi which lies in 31 degrees 
 north latitude, to the river Jipaluchicola or Chatahouchee and to the eastward by 
 the said river. And, whereas, by other our letters patent under our great seal of 
 Great Britain, dated at Westminster, the sixth day of June, in the fourth year of our 
 reign, we thought ft to revoke such part and so much of the said letters patent, and 
 every clause article and thing therein contained, which doth any way relate to or 
 concern the limits and bounds of our said province as above described, and did consti- 
 tute and appoint the said George Johnstone, to be our captain general and governor in 
 chief, in and over our province of ff'esl Florida, in America, bounded to the south- 
 ward by the gulph of Mexico, including all islands within six leagues of the coast, 
 from the river Jipaluchicola to lake Ponchartrain; to the westward by the said lake, 
 the lake Maurepas and the river Mississippi; to the northward by a line drawn 
 from the mouth of the river Yasous where it unites with the Mississippi; due east 
 to the river Jipaluchicola, during our will and pleasure. Now know ye Thai we 
 have revoked and determined, and by these presents do revoke and determine, both 
 /he said recited letters patent and every clause, article and thing therein contained 
 And further know you That we reposing especial trust and confidence in the pru- 
 dence courage and loyalty of you the said John Eliot, of our especial grace certain 
 knowledge and meer motion have thought lit to constitute and appoint you, the said 
 John Eliot, to be our captain general and governor in chief of our said province of 
 West Florida, comprehended within the limits and bounds above described, in our 
 said last recited letters patent. 
 
 " Witness ourself at Westminster, the fifteenth day of May, in the seventh 
 year of our reign. 
 
 [Signed] « YORKE. YORKE." 
 
263 
 
 Commission to Peter Chester, as Governor of the Province of West Florida. .//tpendu . 
 
 No. 32. 
 George the Third, by the Grace of God, of Great Britain, France and Ireland, Kine 
 
 i c i c i r • l i r t Commissions of- J, 
 
 defender ot the kuth, and so lorth, to our trusty and well beloved Peter Chester Es- '''"" ■'""' PChe6 - 
 
 . ' 1er, as Governors 
 
 quire, Greeting: •>< Wesi Florida. 
 
 " We reposing especial trust and confidence in the prudence, courage and loyalty '' Chcst «- 1770 
 of you, the said Peter Chester, of our especial grace, certain knowledge and meer 
 motion, have thought fit to constitute and appoint you, the said Peter Chester to be 
 our captain general and governor in chief, in and over our province of Jl'cst Florida, 
 in America, bounded to the southward by the gulph of Mexico, including all islands 
 within six leagues of the coast, from the Hiver Jipalachicola to lake Ponchartrain; to 
 the westward by the said lake, and the lake Maurepas and the river Mississippi; to 
 the northward by a line drawn from the mouth of the river Yasous, where it 
 united with the Mississipi, due east to the river jipalachicola, and to the eastward 
 by the said river. 
 
 « V\ itness ourself at Westminster, the twenty-fifth day of January in the 
 tenth year of our reign. 
 
 [Signed] "YORKE." 
 
APPENDIX, No. XXXIII. 
 PRELIMINARY ARTICLES 
 
 or 
 
 THE TREATY OF PEACE OF 17S3. 
 
 Appendix. Articles agreed upon by and between Richard Oswald. Esquire, the Commissioner 
 No. 33. f | )is Britannic Majesty for treating of peace with the Commissioners of the United 
 
 Preliminary Arti- States of America, in behalf of his said Majesty, on the one part, and John Adams, 
 clesorP6!lce ' 1 ' 83 ' Benjamin Franklin, John Jay, and Henry Laurens, four of the Commissioners of the 
 said States for treating of peace with the Commissioner of his said Majesty, on their 
 behalf, on the other part : to be inserted in, and to constitute the treaty of peace pro- 
 posed to be concluded between the Crown of Great Britain, and the said United 
 States, but which treaty is not to be concluded until terms of a Peace shall be agreed 
 upon between Great Britain and France, and his Britannic Majesty shall be ready to 
 conclude such treaty accordingly. 
 
 Whereas reciprocal advantages and mutual convenience are found by experience 
 to form the only permanent foundation of peace and friendship between States, it is 
 agreed to form the articles of the proposed treaty on such principles of liberal equity 
 and reciprocity, as that partial advantages (those seeds of discord) being excluded, 
 such a beneficial and satisfactory intercourse between the two countries may be 
 established, as to promise and secure to both perpetual peace and harmony. 
 
 Article I. 
 
 II is Britannic Majesty acknowledges the said United States, viz: New Hampshire, 
 Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New 
 York, New Jersey, Pensylvania, Delaware, Maryland, Virginia, North Carolina, 
 Suuth Carolina, and Georgia, to be free, sovereign and independent States : that he 
 treats with them as such, and for himself, his heirs and successors, relinquishes all 
 claims to the government, propriety and territorial rights of the same, and every 
 part thereof; 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 : 
 
 Article II. 
 
 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 fall into the Atlantic Ocean, to the North West- 
 ernmost Head of Connecticut River ; thence down along the Middle of that river to 
 the 45th Degree of North Latitude ; from thence by a line due West on said latitude 
 
265 
 
 until it strikes the river Iroquois or Cataraguy; thence along the middle of said river appendix. 
 into Lake Ontario, through the Middle of said Lake until it strikes the communication N<1 " ' 3o ' 
 by water between that Lake and Lake Erie; thence along the middle of said commu- Preliminary ah. 
 nication into Lake Erie, through the middle of said Lake until it arrives at the water" 
 communication between that Lake and Lake Huron; thence along the middle of said 
 water communication into the Lake Huron; thence through the middle of said Lake 
 to the water communication between that Lake and Lake Superior; thence through 
 Lake Superior, Northward of the Isles Royal and Phelipeaux to the Long Lake; 
 thence through the middle of 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 kiver Missisippi; thence by a line to be drawn along the middle of the said 
 River Missisippi, until it shall intersect the Northernmost part of the 31st degree of 
 North Latitude. South, by a line to be drawn due East from the Determination of 
 the line last mentioned, in the Latitude of 31 Degrees North of the Equator, to the 
 Middle of the River Apalachicola or Caiahouche; 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 of the River SI. Croix from its Month in 
 the Bay of F and y 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; 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 are or heretofore 
 have been, within the limits of the said Province of Nova Scotia. 
 
 Article III. 
 
 It is agreed that the people of the United States 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: also in the Gulph of St Lawrence, and at all other places in the 
 Sea, where the inhabitants of both countries used at any time heretofore to Fish, and 
 also that the inhabitants of the United Slates shall have liberty to take Fish of every 
 kind on such part of the coast of Newfoundland as British Fishermen shall use, (but 
 not to dry or cure the same on that Islam!) and also. on the coasts, Bays, and Creeks of 
 all other of his Britannic Majesty's Dominions in America; and that the American 
 Fishermen shall have liberty to dry and cure fish in any of the unsettled Bays, Har- 
 bours and Creeks of Nova Scotia, Magdalen Islands, and Labrador, so long as the same 
 shall remain unsettled; but so soon as the same, or either of them shall be settled, it 
 shall not be lawful for the said fishermen to dry or cure Fish at such settlement, 
 without a previous agreement, for that purpose, with the inhabitants, proprietors or 
 possessors of the ground. 
 
 Article IV. 
 
 It is agreed, that creditors on either side shall meet with no lawful impediment to 
 the recovery of the full value in sterling money of all bona fide debts heretofore con- 
 tracted. 
 
 Article V. 
 
 It is agreed, that the Congress shall earnestly recommend it to the Legislatures of 
 the respective States, to provide for the restitution of all Estates, Rights, and Properties 
 
 67* 
 
266 
 
 Appendix, which Lave been confiscated, belonging to real British Subjects, and also of the Estates, 
 .\o. 3J. Rights, and Properties of persons resident in districts in the possession of his Majes- 
 
 ,. „, ,, v . Alli . ty's arms, and who have not borne arms against the said United States; and that per- 
 
 ''' '" r '~ J sons of any other description shall have free liberty to go to any part or parts of any 
 of the thirteen United States, and therein to remain twelve months unmolested in their 
 endeavours to obtain the restitution of such of their estates, Rights anil properties as 
 may have been confiscated: and that Congress also shall earnestly recommend to the 
 several States, a reconsideration and revision of all acts or laws regarding the pre- 
 mises, so as to render the said laws or acts perfectly consistent, not only with Justice and 
 Equity, but with that spirit of conciliation, which, ou the return of the blessings of 
 peace, should universally prevail. And that Congress shall also earnestly recommend 
 to the several States, that the estates, rights and properties oi such last mentioned 
 persons shall be restored to them, they refunding to any persons who may be now in pos- 
 session, the bona fide price (where any has been givenj which such persons may have 
 paid on purchasing any of the said Lands, Rights, and Properties, since the confisca- 
 tion. And it is agreed that all persons who have any interest in confiscated lands, 
 either by debts, marriage settlements, or otherwise, shall meet with no lawiul impedi- 
 ment in the prosecution of their just rights. 
 
 Article VI. 
 
 That there shall be no ftnure confiscations made, nor any prosecutions commenced 
 against any person or persons, for or by reason of the part which he or they may have 
 taken in the present War, and that no person shall on that account sutler any future 
 loss or damage, either in his person, liberty or property; and that those who may be in 
 confinement on such charges at the time of the ratification of the treaty in America, 
 shall be immediately set at liberty, and the prosecutions so commenced be discon- 
 tinued. 
 
 Article VII. 
 
 There shall be a firm and perpetual peace between his Britannic Majesty and the 
 said States, and between the Subjects of the one and the Citizens of the other, where- 
 fore all hostilities both by Sea and Land shall then immediately cease: all prisoners 
 on both sides shall be set at liberty, and his Britannic Majesty shall with all conve- 
 nient speed, and without causing any destruction, or carrying away any Negroes, or 
 other properly of the American inhabitants, withdraw all his armies, garrisons and 
 fleets from the said United States, and from every port, place and Harbour within the 
 same, leaving in all Fortifications the American Artillery, that may be therein: and 
 shall also order and cause all archives, records, deeds and papers belonging to any of 
 the said States, or their Citizens, which in the course of the war may have fallen into 
 the hands of his officers, to be forthwith restored and delivered to the proper States 
 and persons to whom they belong. 
 
 Article VIII. 
 
 The Navigation of the River Missisippi, from its source to the Ocean, shall forever 
 remain free and open to the subjects of Great Britain, and the citizens of the United 
 
 Slates. 
 
 Article IX. 
 
 In case it should so happen that any place or territory belonging to Great Britain 
 or to the United States, should be conquered by the arms of either, from the other, 
 before the arrival of these Articles in America, it is agreed that the same shall be 
 restored without difficulty, and without requiring any compensation. 
 
267 
 
 RICHARD OSWALD. 
 JOHN ADAMS. 
 15. FRANKLIN. 
 JOHN JAY. 
 HENRY LAURENS. 
 
 No. 
 
 Prelim! iiftry Arti- 
 clesol Pc.icc.1783. 
 
 Done at Paris the thirtieth day of November in the year one thousand seven Appendi 
 hundred eighty-two. 
 
 [L. S.] 
 
 [.I.. S.] 
 
 [L. S..] 
 
 [l. S.] 
 
 [l.. S.j 
 
 Witness, 
 
 Caleb Whitefoorp, 
 Secretary to the British Commission. 
 
 W. T. Franklin, 
 Secretary to the American Commission. 
 
 SEPARATE ARTICLE. 
 
 It is hereby understood and agreed that in case Great Britain, at the conclusion of 
 the present War, shall recover or be put in possession of If'est Florida, the line of 
 North boundary between the said Province and the United States shall be a line 
 drawn from the mouth of the River Yassous, where it unites with the Mississippi, 
 due East to the river Apalachicola. 
 
 Done at Paris the 30th day of November, in the year one thousand seven hundred 
 and eighty-two. 
 
 [L. S.] 
 [L. S.] 
 [L. S.] 
 [L. S.] 
 
 [L. S.] 
 
 Attest, 
 
 Caleb Whitefoord, 
 Secretary to the British Commission. 
 
 W. T. Franklin, 
 Secretary to the American Commission. 
 
 RICHARD OSWALD. 
 JOHN ADAMS. 
 13. FRANKLIN. 
 JOHN JAY. 
 HENRY LAURENS. 
 
 A true copy examined and compared with the original by 
 
 [L. S.] 
 
 Passy, Dec. 4, 1782. 
 
 B. FRANKLIN. 
 
APPENDIX, No. XXXIV. 
 
 GRA1VTS 
 
 THE PROVINCE OF NOVA SCOTIA 
 
 WILLIAM OWEN AND OTHERS, AND TO FRANCIS BERNARD AND OTHERS 
 
 Appendix. NovA Sc0TIA > ss - 
 
 No. 34. To all to whom these presents shall come greeting: 
 
 _ Know ye that I, Lord William Campbell Captain General and Governor in Chief in 
 
 Grants by the ' 3 r I 
 
 g™S? c ' of Noïa and over His Majesty's Province of Nova Scotia or Acadie and its Dependencies 
 cranîTr L..rd Vice Admiral of the same, &c. &c. &c By virtue of the power and authority to 
 
 Owen b anii 'otheVs! me g' v en by his present Majesty King George the Third under the Great Seal of 
 ept. . Q rea j Britain have given granted and confirmed and Do by these presents by and 
 with the advice and consent of His Majesty's Council for the said Province give 
 grant and confirm unto William Owen, £ rthur Davis Owen, David Owen, and Wil- 
 liam Owen, jr. their heirs and assigns a tract of Land situate, lying and being an 
 Island at Passamaquoddy called Passamaquoddy Outer Island, and is bounded on 
 the south east by the Bay of Fund y on the north west by Passamaquoddy Harbour 
 and the south west by Passamaquoddy western Harbour on the north east by Passa- 
 maquoddy Bay containing in the whole by estimation Four thousand Acres. 
 
 In Witness whereof I have signed these presents and caused the seal of the Pro- 
 vince to be thereunto affixed at Halifax this thirtieth day of September in the 
 seventh year of the reign of our Sovereign Lord George the Third by the grace of 
 God of Great Britain France and Ireland King Defender of the Faith and so forth 
 and in the year of our Lord one thousand seven hundred and sixty-seven. 
 
 By His Excellency's Command with the advice and consent of His Ma- 
 [l. s.] jesty's Council. 
 
 RICH'D BULKELEY, 
 Secretary. 
 
 Nova Scotia, ss. 
 
 Grant to Francis rn 11 . , ,. 
 
 Bernard & other». »o all to whom these presents shall come Greeting, Know ye that 1 Montaeu 
 
 .list October, 1765. it/.j , t-, . -, „ °' J O 
 
 WHmot esquire Captain General and Governor in Chief in and over His Majest} 's 
 Province of Nova Scotia or Acadie and its dependencies Vice Admiral of the same 
 &c. &c. &c. by virtue of the power and authority to me Given by his present 
 Majesty King George the Third under the Great Seal of Great Britain have given 
 granted and confirmed and Do by these presents give grant and confirm unto 
 Francis Bernard, Thomas Pownal!, John Michel, Thomas Thoroton and Richard 
 
269 
 
 Jackson Esquires their heirs and assigns in severalty a tract of Land situate lying Appendix. 
 and being beginning at the head of the Western Branch of the Hirer Copscook No ' 34- 
 called the Hirer St. Croix two Leagues above the Falls or full Rapids and to run Grants by the Pro 
 from thence North on the Meridian line or North fourteen degrees east by t/n'u'T 
 Needle Seventeen Miles, thence South sixty-six degrees East till it meets with Me Gram to Francis 
 
 , Bernard fc others 
 
 Western Branch of the Hirer Scooaick and is thence bounded by said Hirer Scoo- 3ist October, 1765. 
 
 dick to the East Bay and by the said Bay round into Copscook Hirer through the 
 
 Falls and up the Western Branch to the first mentioned Boundary together with the 
 
 Island called Moose Island and the Island called St. Croix Island containing in the 
 
 whole by Estimation One Hundred Thousand Acres more or less with allowance for 
 
 roads &c. >***«*** 
 
 ********** 
 
 In Witness whereof I have signed these Presents and caused the Seal of the Pro- 
 vince to be thereunto affixed at Halifax this Thirty-first day of October in the sixth 
 year of the Reign of our Sovereign Lord George the Third by the Grace of God 
 of Great Britain France and Ireland King Defender of the Faith and so forth and in 
 the year of our Lord one thousand seven Hundred and Sixty-five. 
 By His Excellency's Command. 
 
 [l. s.] [Signed] RICHD. BULKELEY, 
 
 Secretary. 
 
 68* 
 
APPENDIX, No. XXXV. 
 
 EXTRACTS 
 
 THE ARGUMENTS OF THE BPvITISH AGENT. 
 
 BEFORE THE 
 
 COMMISSIONERS UNDER THE 5TH ARTICLE OF THE TREATY OF 1794. 
 
 1797. 
 
 appendix. Extracts from the arguments of the British Agent, addressed, in the year 1797; 
 No. 35. tQ the Commissioners appointed pursuant to the 5th article of the Treaty of 1 794, 
 
 Extracts from the between the U. States and Great Britain. 
 
 Arguments of the 
 
 British Agent an- _ _ . /* »r «-.,• ,1 *• /* , ? m m c- 
 
 der the Tieaty of " The limits of the Province of Nova Scotia j at the time oj the treaty ot 
 — peace, were the same that were established when the province was anciently and 
 
 orio-inally erected and named, in every respect, excepting the said Island of St. John 
 and the Northern Boundary line, which, by the erection of the province of Quebec, 
 after the peace of 1763, was altered from the southern bank of the river St. Luivrence 
 to the highlands described in the article of the Treaty of peace, now under consi- 
 deration; and further, that with these exceptions there never was but one and the same 
 tract of country and Islands that formed the province of Nova Scotia." 
 
 2d Extiac'- 
 
 U Kitiact. 
 
 " If it can be shewn that the River Scoudiac, so called by the Indians, is this River 
 St. Croix, and that a line along the middle of it to its source, together with a line due 
 north from its source, formed a part of the loestem boundaries of the province of 
 Nova Scotia, and that the highlands formed the northern boundary line of this pro- 
 vince, at the time the Treaty of peace was made, so as to form the north-west Angle 
 of Nova Scotia by these western and northern boundaries, the intention of the 
 Treaty of Peace is at once ascertained in the great point in controversy." 
 
 " We are now come to the charter of King William and Queen Mary to the pro- 
 vince of Massachusetts Bay, dated the 7th October, 1691. By this charter the former 
 Colony of Massachusetts Bay, the Colony of New Plymouth, the province of Maine, 
 the Territory called Acadia, or Nova Scotia, and all that tract of land lying between the 
 said Territory of Nova Scotia and the Province of Maine, are erected into one pro- 
 vince, by the name of Massachusetts Bay, in New England. 
 
 " The colonies of Massachusetts Bay and New Plymouth were held, by the respective 
 proprietors and inhabitants, under grants from the grand Council of Plymouth. The 
 former was afterwards confirmed by a grant or charter from King Charles 1st. 
 " The province of Maine" was the same territory of which the Grant has been already 
 recited to Sir Ferdinando Gorges, and which had, previous to the charter of W illiam 
 and Mary, been conveyed by the heir of the said Gorges to the said Colony of Massa- 
 chusetts Bay. 
 
271 
 
 " The Territory of Acadia, or Nova Scotia, was the same territory which was granted .Ippendi.i . 
 to Sir William Alexander, in 1621, bounded westerly by the river St. Croix, as will Nc>..35. 
 presently appear; and the Tract of land lying between this Territory of Nova Scotia Extracts from the 
 and the said " province of Maine" was the Territory granted to the Duke of York, Biftuh Agcm un 
 which had reverted to the Crown by his subsequent accession to the Throne, and by 1704. 
 his abdication was vested in his Successor. This Territory, as we have seen, was 3<iE*tract. 
 bounded easterly upon the same river St. Croix, and was afterwards commonly called 
 by the name of the Territory of Sagadahock. " 
 
 1 " All the French possessions upon the continent of North America being by that ithE.ttran 
 treaty ceded to Great Britain, the province of Quebec was created and established by 
 the Royal proclamation of the 7th October, in that year, and bounded on the South by 
 the Highlands which divide the rivers that empty themselves into the River Saint 
 Lawrence from those which fa II into the Sea or Atlantic Ocean, thereby altering 
 the North boundary of the province of Nova Scotia from the southern shore of the * 
 river St. Lawrence to those Highlands."' 
 
 " (6) The Act is entituled " an Act to restrain the trade and commerce of the pro- .-,n, Extraw 
 vince of Massachusetts B.iy and New Hampshire, and colonies of Connecticut and Hhode 
 Island and Providence Plantations, in North America, to Great Britain, Ireland, and the 
 British Islands, in the West Indies: and to prohibit such provinces and Colonies from 
 carrying on any Fishery on the Banks of Newfoundland, or other places therein men- 
 tioned, under certain conditions and limitations." In the 12th Section of the Act it is pro- 
 vided and enacted '• that the river which emptieth itself in Passamacadic or Passama- 
 quody Bay, on the western side, and is commonly called and known by the name of St. 
 Croix river, be held and deemed, for all the purposes in this Act contained, to be the 
 boundary line between the provinces of Massachusetts Bay and Nova Scotia. 
 
 " This Act creates no new boundary; it merely recognises, confirms and establishes 
 that river St. Croix as a boundary between the provinces of Nova Scotia, in the Patent 
 to Sir William Alexander, in 1621, which was agreed upon, settled, known, and ac- 
 knowledged, as the boundary between the province of Nova Scotia and the territory 
 of New England, granted to the council ot Plymouth, in the year 1620, which, after 
 the surrender of their grand Charter, was the boundary between Nova Scotia am\\\\c 
 Territory granted to the Duke of York in 1664, which was recognised as the western 
 boundary of Nova Scotia by the Charter of William and Mary to the province of Mas- 
 sachusetts Bay, in 1691; and which, from the Treaty of Utrecht, in 1713, was the 
 boundary between the provinces of Massachusetts Bay and Nova Scotia, received 
 and established by the crown, and known, acknowledged and acquiesced in by the 
 government of the province of Massachusetts Bay. That, from the time of the passing 
 of this Act of Parliament in 1 774, the boundaries of the Province of Nova Scotia remain- 
 ed unaltered to the treaty of peace in 17S3, will not it is presumed be denied. And it 
 will not be difficult now to shew that the river Scoudiac, under the name of the river 
 St. Croix, formed a part of the boundary described in that Treaty. 
 
 " It is sufficient here to observe, that at the time the treaty of peace was made in 17S3, 
 the provinces of Quebec and Nova Scotia belonged to and were in the possession of the 
 crown of Great Britain; and that his Britannie Majesty, at that time, had an undoubt- 
 ed right to cede to the United States of America such part of these Territories as he 
 might think fit; and that in making the cession of the territory comprised within the 
 boundaries of the United States, as described in the second article of the treaty of peace, 
 his Majesty must be supposed to have used the terms describing these bounda- 
 ries in the sense in which they had been uniformly understood in the British na- 
 
 (£) 15 Geo. III. chap. 10. 
 
5lb Extract. 
 
 272 
 
 appendix. Hon, and recognised in public documents and acts of government. In this sense, and 
 No- 55. ,•„ w0 ^ erj C0U M they have been then understood, or can they now be claimed or in- 
 
 ExtnJT^n the «'^^ "P™ by the United States. In this sense, and in no other, is his Majesty bound 
 
 bS Agem in- to give the possession. 
 
 define Treaty of (t whatever river was at that time known and recognised by his Majesty and the 
 British Government as the river St. Croix, forming a boundary between the province 
 of Massachusetts Bay and Nova Scotia, that river, and no other, can now be claimed as 
 a part of the Eastern of the United States. It is sufficient that in this Act of Parliament 
 the river Saint Croix is described by a particular location and boundaries, which can- 
 not be mistaken, known to both parties at the time, and assented to on the part of the 
 United States by their accepting the Act, and not giving any local designation of the 
 river which they now claim, or of any other river than that thus ascertained by pre- 
 cise description, and known by them to have been established, and at the time con- 
 templated by Great Britain as the boundary between these provinces. If this prin- 
 ciple were once departed from, there would be no check to contention on the subject; 
 though it would be fortunate to his Majesty's interests if he were not thus bound, as 
 it might be clearly shewn, in that case, that the river Penobscot, once, indiscrimi- 
 nately with the other rivers upon this Coast, (a) called the St. Croix, was the true 
 boundary by which Nova Scotia or Acadia was ceded to his Majesty by the Treaty 
 of Utrecht, and ought, in such case, by the principles of the Laws of Nations, (b) 
 to be established as the Eastern boundary of the United States." 
 
 am Extract. " But to apply these facts to the point more immediately under consideration — 
 whether a line due north from the source of the western or main branch of the river 
 Scoudiac or Saint Croix, will leave to each of the parlies to the treaty the sources of 
 those rivers that empty themselves or whose mouths are within its Territories upon 
 the sea coast respectively. 
 
 " The effect, so far as regards the United States, is completely secured by the treaty 
 in all events; and thence we have further reason to suppose it was intended to be recip- 
 rocal in this respect, if a just interpretation will warrant it. A line due north from a 
 source of the western or main branch of the Scoudiac or Saint Croix, will fully secure 
 this effect to the United States in every instance, and also to Great Britain in all in- 
 stances except in that of the river St. John, wherein it becomes impossible, by reason 
 that the source oj this river is to the westward, not only of the western boundary 
 line of Nova Scotia, but of the sources of the Penobscot, and even of the Kennebeck, 
 so that this north line must of necessity cross the river St. John; but it will cross 
 it in a part of it almost at the foot of the highlands, and where it ceases to be naviga- 
 ble. But if a north line is traced from the source of the Cheputnatecook, it will not 
 only cross the river St. John within about fifty miles from Fredericton, the Metropo- 
 lis of New Brunswick, but will cut off the sources of the rivers which fall into the 
 Bay of Chaleurs, if not of many others, probably the Mirramichi among them, which 
 fall into the gulph of St Lawrence, and thereby be productive of inconvenient con- 
 sequences to the two powers, if not of contention between them, instead of terminating 
 their differences in such a manner as may be best calculated to produce mutual satis- 
 faction and good understanding, which is one of the principal and avowed objects of 
 the treat}'. 
 
 « Had the Treaty intended that this North line should intersect a number of rivers 
 which empty their waters through a British province into the Sea, a right of navigation 
 or passage down those rivers would doubtless have been secured to the United 
 
 (a) Vide Mr. Sullivan's Arguments, part 3. sect. 15. 4 Purchas' Pilgrim, page 16, 35. Sullivan's 
 History of Maine, page 59. Morse's Geography, 3d Edition, 1796, p. 379. Pownall's Topographical 
 Description of North America, page 20. 
 
 (6) Vattel— 62. 6. 17. sect 308. Vide Post, page 184. 
 
273 
 
 States by the Treaty; that this was not the intention of the Treaty, not only appears appendix. 
 from the facts and reasoning that have been already adduced, but from a further cor,- * No "' 
 sideration that in most, if not all, the Maps of the interior country, published before the Extrocisr the 
 
 , -, . l.i i ^1 »,, . n • f. < . . \rgumcnls of the 
 
 year 1783, although the courses oi the river Saint Croix are very inaccurately laid down, British /vgem .in- 
 still it is very uniformly made to terminate in a lake near the Eastern branch of the i™ 4 - 
 river Penobscot; and a line drawn north from that termination upon those maps will 6lh Exlla ' ' 
 not intersect any of the rivers which empty themselves into the sea, to the East- 
 ward of the mouth of the river St. Croix, except the river St. John.(a) This furnishes 
 an unanswerable argument, so far as any fair conclusions can be drawn from those 
 Maps, in proof not only that the river Scoudiac is the true ancient river St. Croix, 
 and consequently intended by the Treaty of Peace under the name of St. Croix, but 
 that its true source is upon the Western branch, in a lake near to an Eastern branch, 
 of the river Penobscot." 
 
 '' The province of Nova Scotia at the time of the treaty in 17S3, was, as has, «ut Extract, 
 already appeared, bounded to the Northward by the southern boundary of the pro- 
 vince of Quebec; which boundary was established by the Royal proclamation of the 
 7th October, 1763, and confirmed by the act of the 14 Geo. 3. c. S3, passed in the 
 same year with the Act of Parliament already cited, by which it is enacted, " that all 
 the Territories, Islands, and countries, in North America, belonging to the crown of 
 Great Britain, bounded on the South by a line from the Bay of Chaleurs, along the 
 highlands which divide the rivers that empty themselves into the river Saint Law- 
 rence from those which fall into the Sea, to a point in forty-five degrees of Northern 
 Latitude, on the Eastern bank of the river Connecticut, &c. be annexed to, and made a 
 part and parcel of, the province of Quebec, (b) 
 
 " Jls then, at the Treaty of Peace in 1783, the Northern limit of the province of 
 Nova Scotia was " a line along the highlands which divide the rivers that empty 
 themselves into the river St. Lawrence from those which fall into the Sea," it un- 
 questionably follows that the North-west, angle of Nova Scotia at the time of the 
 treaty of peace in 17S3 was that angle which was formed by a line drawn due 
 North from the source of the river St. Croix to those Highlands. If we now com- 
 pare this Angle with the North west Angle of Nova Scotia described, in the Treaty 
 of Peace, viz: that Angle which is formed by a line drawn due North from the source 
 of St. Croix river to the same highlands, can it be said, with any degree of propriety 
 that (c) " the limits and boundaries of the Province of Nova Scotia were unknown 
 at the time of the Treaty oj Peace in 1783, and that it therefore became necessary 
 to give it western boundary by the Treaty itself, in these words, to wit — that Angle 
 which is formed by a line due North from the Source of the river St. Croix to the 
 Highlands? 
 
 " Can it be believed, or for a moment imagined, that, in the course ef human events, 
 so exact a coincidence could have happened between the actual, real boundaries of 
 the Province of Nova Scotia, and the boundaries of it described in this Treaty, if 
 the latter had not been dictated and regulated by the former? 
 
 (a) There seems to have been a strung reliance placed upon the validity of this argument bv the au- 
 thor of "The History of the District of Maine," as, in the Map annexed to that woik, a line due north 
 from the source of the river Magaquadavie is made to cross no other river but the river Saint .lohn and 
 to pass to the westward of the sources of all the rivers that empty themselves into the Bay of Chaleurs or 
 Gulph of St. Lawrence, when, in fact, a linejdue North from the Magaquadavie will intersect them all. 
 Vide Map No. 16. 
 
 (li) Vide Memorial of Claim by his Majesty's Agent, 
 (c) Vide Mr. Sullivan's Argument, page 1. sect. 5:>. 
 
 69* 
 
271 
 
 Appendix. « Can any man hesitate to say, he is convinced that the Commissioners at Paris, in 
 
 No. 35. 17S3< i n f orm i n g the 2d article of the Treaty of Peace, in which they have so exact- 
 
 ExtraHTftTn, the ly described this North-west Angle, had reference and were governed by the bound- 
 
 S Agent' Ï aries of Nova Scotia, as described in the grant to Sir William Alexander, and the sub- 
 
 cU"" Treatyof sequent alteration in the Northern Boundary by the erection of the Province of 
 
 7ih Extract. Quebec? 
 
 " Will not this conviction become irresistible when he adverts to the reservation 
 made to his Majesty, in this Article of the Treaty, " of such Islands as then were or 
 theretofore had been, within the limits of the said Province of Nova Scotia?" which 
 clearly alludes to the ancient limits of the Province of Nova Scotia, and to the islands 
 included and comprehended within those limits, as described in the grant to Sir 
 William Alexander, some of which might have belonged to the United States, as lying 
 within the limits of those States, but for the exception of them in the Treaty." 
 
 stnExtract. «As there had been, before the Treaty of Peace in 1783, an ancient Western boun- 
 
 dary of Nova Scotia, established by Charter in the year 1621, at the river St. Croix > 
 and in consequence of the French encroachments, there had been a reputed western 
 boundary of Nova Scotia at the time of the Treaty of Utrecht, in 1713, at the River 
 Penobscot, it therefore became necessary, in order to prevent all future controversy 
 un the subject, to specify in the Treaty of 1783 lohich of these boundaries loere 
 intended; and accordingly the former, the ancient, real and established boundary, is 
 expressly adopted." 
 
 •hi Extract. " The agent of the United States cannot establish his claim to the river Magaqua- 
 
 davie merely upon the strength of an Indian tradition, brought to light since the year 
 1763, that this river is the river St Croix, which is the only proof, or semblance of 
 proof, yet exhibited of this fact, instead of meeting the reasoning of the underwritten 
 agent in its own way, by authentic and full proofs, and conclusive arguments in sup- 
 port of his claim. The argument of the Agent of the United States would certainly 
 apply with much greater force in proving the Penobscot to be the River agreed to; as 
 this river, besides being once known indiscriminately ivith the other rivers by the 
 name of St. Croix, lias been the reputed boundary of Nova Scotia, and was con- 
 tended for as such by the British Commissaries at Paris, in the year 1750, in 
 their memorials concerning the limits of Acadia or Nova Scotia." 
 
APPENDIX, No. XXXVI. 
 
 REPORT 
 
 THE PRESIDENT OF THE UNITED STATES. 
 
 EGBERT BENSON, 
 
 ONE OF THE COMMISSIONERS UNDER THE 5TH ARTICLE OF THE TREATY OF 19TH 
 NOVEMBER, 1794, RESPECTING THE TRUE RIVER ST. CROIX. 
 
 REPORT 
 
 Made to the President of the United, States of America , by Egbert Benson, 
 Esquire, one of the Commissioners appointed pursuant to the fifth Article of 
 the treaty of Amity, Commerce and Navigation, between His Britannic Majes- 
 ty and the said States, respecting the Proceedings of the said Commissioners. 
 
 On the Question between his Britannic Majesty and the United States of America, Appendix 
 " what River was truly intended under the name of the River Saint Croix," mention- No. 36. 
 cd in the Treaty of Peace of the 3d November, 17S3, and forming a part of the boun- Re bv E . bCT , 
 dary therein described, referred to the final decision of Commissioners by the fifth Ar- commtesfonere the 
 ticle of the Treaty of Amity, Commerce and Navigation, of the 19th November, Scieonîi/'ixeaty 
 1794, "The Scudiac was claimed on the part of his Majesty, and the Magaguada- 01 
 vie on the part of the United States. Boundaries of the United States described in 
 the treaty of peace, " from the North-west angle of Nova Scotia, vizt. that angle which 
 is formed by a line drawn due North from the source of Saint Croix River to the 
 Highland, along the said Highlands which divide those rivers that empty themselves 
 into the River Saint Lawrence from those which fall into the Atlantic Ocean," then 
 follow the northern, western, and southern boundaries, and then " cast by a line to be 
 drawn along the middle of the River Saint Croix from its mouth in the Bay of Fun- 
 dy 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 Rivet- 
 Saint Lawrence." 
 
 Boundaries in the Grant for Nova Scotia, by King James to Sir William Alexan- 
 der, of the 10th September, 1621, translated from the Latin — " AH and singular, the 
 lands, continents, and Islands, situate and lying in America, within the head land or 
 promontory called Cape Sable, lying near the Latitude of forty three degrees, or 
 thereabout, from the Equinoctial line towards the North, from which promontory 
 stretching towards the shore of the sea to the west, to a bay commonly called St. Ma- 
 ry's Bay, and then towards the North by a direct line, passing the entrance or mouth of 
 that Great Bay, which runs into the eastern quarter between the territories of the Souri- 
 quois and Etec/tmises, to a River commonly called by the name of St. Croix, and to 
 the most remote spring or fountain thereof from the western quarter which first min- 
 
276 
 
 Appendix, gles itself with the aforesaid River, thence by an imaginary direct line, which may be 
 
 No ' b6 ' conceived to go through the land, or run towards the north to the nearest Bay, river 
 
 Report by Egbert or spring, discharging itself in the Great River of Canada, &c. &c. which certain lands 
 
 Benson, one of the .,,.,-- . ,, r -kt o *• • a ■ 41 
 
 iasioners shall in all future times enjoy the name of iSova Scotia in America. 
 
 under the 5th a r- 
 
 urie of ihc treaty It is here to be noted, that on the conquest ot Canada, and the final cession of that 
 of nui . 
 
 country to the Crown of Great Britain in 1763, the Highlands abovementioned and 
 
 referred to, were established as a Southern boundary of the Colony of Quebec; that 
 Nova Scotia hath accordingly from that time hitherto been described in the Commis- 
 sions to the Governors, "As bounded on the Westward by a line drawn from Cape 
 Sitble across the entrance of the Bay of Fundy to the mouth of the River Saint Croix, 
 by the said River to its source, and by a line drawn due North from thence to the 
 Southern Boundary of the Colony of Quebec; to the Northward, by the said bounda- 
 ry," &c. &c. &c. — That from the description in the Commissions it appears a construc- 
 tion had been given to an evident ambiguity in the Grant for Nova Scotia, in respect to 
 the source of the River Saint Croix, and the course of the line from it; and hence it 
 is, that at the time of the treaty of Peace, the Highlands, instead of the River Saint 
 Lawrence, formed the north side, and a line directly to, or due north, the west side of 
 the North-west angle of Nova Scolia, and that the source of the River Saint Croix, 
 from which the line was to run, or be drawn, was the source generally, or that source 
 which should be found to be eminently or emphatically so regardless of the position 
 of it, or the place or quarter where it might be, or the distance, when compared with 
 any other source before the waters from it mingled themselves with the River. 
 
 A River being expressed in the Treaty, the Instrument and it not being expressed, 
 as it is either by mistake or fraud, the River so expressed musi be adjudged to be the 
 River intended. This is assumed as unquestionable; the River is expressed to be 
 " That River, a line drawn due north from the source of which forms the west side of 
 the north-west angle of Nova Scotia." The identity of the River Saint Croix ex- 
 pressed in the Treaty, and the River Saint Croix expressed in the Grant for Nova 
 Scotia, is assumed as also unquestionable; so that the River to be sought for, is the River 
 intended in the Grant. The two following propositions, are therefore stated, and the 
 proofs subjoined — 1st. That the River intended under the name of the River Saint 
 Croix, in the Grant for Nova Scotia, is the River which was so named by the Sieur De 
 Monts, 1604. And Sndly. That the Scudiac is the River which was then so named." 
 Extracts from a publication by Sir William Alexander, in London, 1624, under the ti- 
 tle of encouragement to Colonies. " Monsieur De Monts, procuring a patent from King 
 Henry the Fourth, of Canada from the 40th degree Eastward, comprehending all 
 the bounds that now is between New England, and New Scotland (after that Queen 
 Elizabeth had formerly given one thereof, as belonging to this Crown by Chabot's dis- 
 coverie,) did set forth with a hundred persons fitted for a plantation, carried in two 
 Ships " After a brief relation of the voyage from France to Port Royal, he pro- 
 ceeds, " After this, having seen Port Royal, they went to the River called by them 
 Sante Croix, but more fit now to be called Twcede, because it divides New England 
 and New Scotland, bounding the one of them upon the East and the other upon the 
 West side thereof; here they made choice of an isle that is within the middle of the 
 same, where to winter, building houses sufficient to lodge their number." He concludes 
 his relation by mentioning — "That in the end, finding that a little Isle was but a 
 large prison, they resolved to return unto Port Royal." Speaking of the limits of 
 his Pateut, he says — " leaving the limits to be appointed by his Majesty's pleasure, 
 which are expressed in the Patent granted unto me under his great Seal of his King- 
 dom of Scotland, marching upon the west towards the River of St. Croix, now 
 Twecde, (where the Frenchmen did design their first habitation) with New England, 
 and on all other parts it is compassed by the Ocean and the Great River of Canada." 
 
277 
 
 To this publication a Map is annexe.], in which a River is laid down under the name Appendix. 
 of Tweede, as a boundary between New England and New Scotland, and doubtless in- No - 36 - 
 tended to represent the Saint Croix. The voyage of De Monts above referred to by Rep 
 Sir William Alexander, was in the spring of 1604, and has been written by two dif- "< 
 
 '-' 'i by Egbert 
 
 i ii.i 
 
 ' 
 
 ferent cotemporary persons, Champlain, who was with him, and L'Escarbot, who came "'"'.'.,' ,'...' 
 
 out to V.icadie in 1006, with Poitrincourt, the successor of De Monts in the at-'''' 
 tempt to settle, and was himself the next year at -S7. Croix. 
 
 The British Commissaries, in the Memorials between them and the French Com- 
 missaries, concerning the limits of Nova Scotia or Acadia, printed in London in 1755, 
 say,—" The most ancient Chart extant, of this country, is that which Escarbot pub- 
 lished with bis History in 1609." And a book published in London that year by P. 
 Erondelle, under the title of Nova Francia, &c. translated out oj the French into 
 English, is evidently a translation of this lirst Edition of L'Escarbot. Champlain 
 published in 1613. From these writers, therefore, Sir William Alexander obtained 
 his information of the voyage of De Monts, and of the country. They relate that 
 De Monts, after visiting several places on the Eastern shore of the Bay of Fundy. 
 and among them the Bay of Saint Mary and Port Royal, came, on the 24th June, "to 
 the Rivpr Saint John; and the following Extracts from them, contain the voyage 
 thence, and other subsequent transactions material in the present enquiry. 
 
 Champlain, Edit. 1613. " From the River Saint John we were at four Islands, on one 
 of which we were ashore, and there found a great abundance of Birds called Mar- 
 goes, of which we took a number of young ones, as good as young pigeons. The 
 Sieur Poitrincourt was near losing himself there, but finally returned to our Bark, 
 as we were going to search for him round the Island, which is three leagues distant 
 from the main land. 
 
 " Further to the west, there are other Islands, one containing six leagues, called by 
 the savages Manthane, to the South of which there are, among the Islands, many- 
 good ports for vessels. From the Isles of Margos we were at a River in the main land, 
 which is called the River of the Etchemins, a nation of savages so named in their own 
 country; and we passed by a great number of Islands, more than wc could count, 
 pleasant enough, containing some two leagues, others three, others more or less. All 
 these islands are in a bay which contains, in my judgment, more than fifteen leagues in 
 circumference, in which there are a number of convenient places to put as great a 
 number of vessels as one pleases, which in their season abound with fish, such as Cod, 
 Salmon. Bass, Herrings, Haitans, and other fish in great numbers. Making west 
 north west through these Islands, we entered into a large River which is almost half 
 a league broad at its entrance, where having made a league or two, we found two 
 Islands, the one very small, near the shore on the west, the other in the middle, which 
 may have eight or nine hundred paces in circumference: The Banks of which are 
 rocky, and three or four toises high, except a small place, a point of sand and 
 clay which may serve to make bricks and other necessary things. There is another 
 sheltered place to put vessels, from eighty to one hundred Ions, but it is dry at low 
 water. The island is filled with firs, birches, maples and oakes, — of itself, it is in a 
 good situation, and there is only one side where it slopes about forty paces, which is 
 easy to be fortified; the shores of the Main lam.!, being distant on each side about nine 
 hundred or a thousand paces. Vessels cannot pass on the river but at the mercy of 
 the cannon on the Island, which is the place we judged best, as well for the situation, 
 the goodness of the country, as for the communication we proposed to have with the 
 Savages of the Coasts, and the interior country, being in the midst of them. This 
 place is named by the name of the Island St. Croix. Passing higher up, one sees a 
 great Bai/, in which there are two Islands, one high, the other low; and three livers, 
 two of a middling size, one going off towards the East, and the other to the North, 
 
 70* 
 
£7S 
 
 Appendix, and the third is large, which goes lo the West. This is (hat of (he Elchemins, of 
 
 Na .56. whJch we have spoken above; going into it two leagues there is a fall of water, where 
 
 Report by F^.n the savages carry their canoes by land, about live hundred paces, afterwards re-enter- 
 
 cnmmissioners " in<r it, from which afterwards, crossing over a small space of land, one goes into the 
 
 under the 5th artl- ° 
 
 de or the treaty of rjver Norembeque and of St. John. 
 
 " In this place of the fall, which the vessels cannot pass, because there is nothing 
 but rocks, and that there is not more than four or live feet water in May and June, 
 they take as great abundance of Bass and Herring, as they can lade in their vessels. 
 The soil is very fine, and there arc about fifteen or twenty acres of land cleared, 
 where the Sieur de Monts sowed some grain, which came up very well. The savages 
 stay here sometimes five or six weeks during the fishing season. All the rest of the 
 country is a very thick forest. 
 
 " If the land was cleared, grain would grow there very well. This place is in forty- 
 five degrees and one third of Latitude, and the variation of the Magnetic needle is 
 seventeen degrees and thirty two minutes. 
 
 "Not having found a place more fit than this island, we began to makea Barricade 
 on a small island, a little separated from this Island, which served as a platform for 
 our cannon. 
 
 " Every one employed himself so faithfully, that in a little time it was rendered 
 a defence; then the Sieur de Monts began to employ the workmen to build the houses 
 for our abode. After the Sieur de Monts had taken the place for the Magazine, 
 which was nine toises long and three broad, and twelve feet high, he fixed on the plan 
 of his own lodging, which was immediately built by good workmen. He then assign- 
 ed to each his place." — " We then made some gardens as well on the main land as on 
 the island.-' — " The Sieur de Monts determined on a change of place, and to make 
 another habitation to avoid the cold, and evils which we had in the Island Si. Croix. 
 Not having found any port which was proper for us then, and the little time we had 
 to lodge ourselves, and to build houses tor that purpose, we caused two barks to be 
 equipped, on which was laden the carpenters' work of the Houses of Saint Croix, to 
 be carried to Port Royal, twenty five leagues from thence, where we judged an abode 
 would be more mild and temperate." 
 
 In his Edition of lb'32, after the above passage, where he mentions the Latitude 
 and variation of the needle, he adds, 
 
 "In this place was the habitation made in 1G04." — And then immediately com- 
 mences another chapter as follows — 
 
 " From the said River St. Croix, continuing along the coast, making twenty-five 
 leagues," we passed by a great number of Islands, &.c. 
 
 L'Escarbot Edition, of 1 IS. — " Leaving the River Saint John, they came following 
 the coast, at twenty leagues from thence, in a great River (which is properly Sea) 
 where they encamped in a small island, in the middle of it, which being found 
 strong by nature and of easy defence, besides that the season had began to pass, and 
 therefore it became them to think how they were to be lodged without going further 
 they resolved to stay there." — " The company staid there in the middle of a large 
 River, where the wind from the North and North west blows at pleasure, and because 
 t two leagues above there are some streams, which coming crosswise do discharge 
 themselves into this large arm of the sea. This Island, the retreat of these French 
 was called Sainte Croij; twenty-five leagues more distant than Port Royal." 
 
 " Before we speak of the return of the ships to France, it becomes us to say that 
 the Island of Saint Croix is very difficult to be found by one who has never been 
 there: For there are so many islands and great Bays to pass before one comes there 
 that I am astonished how any one had the patience to penetrate so far to go to find it. 
 There are three or four mountains high above the others on the coasts, but on the 
 
 a 
 
27 9 
 
 north part from where the River comes down, there is a poin lui one more 1 1 lan two leagues • Ippendix. 
 distant. The woods of the Main land are handsome and high to admiration, and >o 
 is the herbage; there are streams of fresh water very agreeable, where ninny of the rt. ,„.,! e« > ■ e, ■ • 
 neonle of the Sieur de Moûts did their work and hutted there. As to the nature of ommi» 
 
 r 1 iimlei ill* Sill :u 
 
 the soil it is very good, and happily fruitful; for the Sieur de Monts, having caused a <■■>•■ *>i iiietrtaij 
 piece of land to he cultivated and sown with Rye, (I have not seen any wheat there) 
 he had not the means to attend to its maturity to gather it, the grain which fell, had 
 notwithstanding grown and shot up again wonderfully, so that two years after we 
 gathered of it as fair, large and heavy as any in France, and which this soil has pro- 
 duced without culture, and at present it continues to increase every year; the said 
 Island is about half a French league in circuit, and at the end towards the sea there is 
 a Hillock, and as it were a separate small island where the said Sieur de Monts place I 
 his cannon; and there is also a small chapel built in the fashion of the savages, at the 
 foot of which there are so many muscles as to be wonderful, which may be gathered 
 at low water; hut they are small. 
 
 " Durinsthe said voyage, the Sieur de Monts worked at his fort, which he had seat- 
 ed at the end of the. island opposite the place where we have said he lodged his can- 
 non, which was prudently considered, to the end to command the River up and down; 
 but there was one inconvenience that the said Fort was on the side to the North with- 
 out any shelter except the trees which were on the Bank of the island, all of which 
 thereabout he had forbid to be cut down. Without the fort the Swiss had their Bar- 
 racks, which were large and ample, and some small ones making an appearance like a 
 suburb; some had their huts on the main land, near the stream, but within the fort; 
 were the lodgings of the said Sieur de Monts, made of fair and skilful carpentry with 
 the banner of France on the top. 
 
 "In another part was the Magazine, where was deposited the safety and life of all; 
 also of good carpentry and covered with shingles, and opposite to the Magazine were 
 the lodgings, and houses of the Sieur De Orville Champlain, Champdore, and other 
 persons of distinction; opposite to the lodgings of the said Sieur de Monts was a 
 covered gallery, to exercise for amusement, or for the workmen when it rained; and be- 
 tween the said fortand the platform of the cannon, all was filled with gardens. 
 
 " The severe season being passed, the Sieur de Monts, tired of his sorrowful abode of 
 Sainte Croix, determined to search for another port in a country more warm and more 
 to the south. Having seen the coast of Mallabarre, and with much labour, without 
 finding what he desired , he determined to go to Port Royal, to make his stay there, and 
 wait until he should have the means to make a more ample discovery: So every one 
 was employed to hind up his pack, and they demolished what they had built with in- 
 finity of labour, except the Magazine, which was too large to be transported." 
 
 Subsequent to the view of the mouths of the Rivers in question, and the adjacent 
 objects, by the Commissioners, at the instance of the Agents, in the fall of 17i.Hi, the 
 Edition of Champlain, of 1613, was procured from Europe, containing a Map of the 
 isle Sainte Croix, a copy of which is hereunto annexe I, and a search having been 
 then made by digging into the soil on the island called Bone, or Docias, Island, bricks, 
 charcoal, spikes, and other artificial articles have been found, and evident foundations 
 of buildings have been traced. Whoever will compare these proofs with the Bay of 
 Passamaquoddy, including the islands and river in it, will perceive that the}' result in 
 demonstration that the Island St. Croix, and the River St. Croix, intended by them, 
 are respectively Bone Island, and the River Scudiac, comprehending in the latter the 
 arm of the Bay, or as it is expressed by L'Escarhot, Sea, between where the mouth of 
 the River has been decided to be, at Joe's Point, and where it turns to the westward at 
 the Devil's Head, as being at the time when the name of Saint Croix was original- 
 ly given to the Scudiac, then actually, however improperly, conceived to be a portion 
 
280 
 
 Appendix, of it, and accordingly denominated River; and here it would seem there would have 
 
 No 36. b een an enc | f ll)e Q ucs tion. But the Agent on the part of the United States stated 
 
 Report by Egben " that Mitchell's Map published, in 1755, was before the Commissioners who negotiated 
 
 cïïSel"" and concluded the provisional treaty of peace at Paris in 1782; from that they took 
 
 undei the 5ib arti- .... -, i .1 i j *i_ j* -j* i* i. . ( 
 
 eie o the treaty their ideas of the country, upon thai they marked the dividing line between the two 
 nations, and by the line marked upon it their intention is well explained, that the River 
 intended by the name of the Saint Croix, in the Treaty, was the Eastern river which 
 empties its waters into the Bay of Passamaquoddy." 
 
 And he thereupon offered in evidence the testimony of the Three American Com- 
 missioners, as contained in the following depositions of two of them, and Letter from 
 the other, to Mr. Secretary Jefferson, of the 8th of April, 1790, and also a Map of 
 Mitchell, as the identical copy which the Commissioners had before them at Paris, 
 having been found deposited in the Office of Secretary of State for the United States, 
 and having the eastern boundary of the United States, traced on it with a pen or pen- 
 cil, through the middle of the river Saint Croix, as laid down on the Map, to its source, 
 and continued thence North, as far as to where most probably it was supposed by who- 
 ever it was done. — The Highlands mentioned in the Treaty, are: 
 
 PRESIDENT ADAMS' DEPOSITION. 
 
 "Mitchell's Map was the only Map or plan which was used by the Commissioners at 
 their public conferences, though other Maps were occasionally consulted by the Ameri- 
 can Commissioners, at their lodgings. The British Commissioners at first claimed to 
 Piscataqua river, then to Kennebec, then to Penobscot, and at length agreed to St. 
 Croix, as marked on Mitchell's map. One of the American Ministers at first proposed 
 the River Saint Johns, as marked on Mitchell's map; but his colleagues observing that 
 as <SV. Croix was the River mentioned in the charter of Massachusetts Bay they could 
 not justify insisting on St. Johns, as an altimutum, he agreed with them to adhere to the 
 charter of Massachusetts Bay; but whether it was understood, intended, or agreed be- 
 tween the British and American Commissioners, that the River St. Croix, as marked 
 on Mitchell's map, should so be the boundary as to preclude all inquiry respecting any 
 error or mistake in the said Map, in designating the River Saint Croix, or whether 
 there was any, and if so, what understanding, intent, or agreement between the Com- 
 missioners relative to the case of error or mistake in this respect, in the said Map, that 
 the case of such supposed error, or mistake, was not suggested, and consequently there 
 was no understanding, intent or agreement expressed respecting it." 
 
 GOVERNOR JAY'S DEPOSITION. 
 
 " In the course of the negotiations, difficulties arose respecting the eastern bounda- 
 ry of the United States. Mitchell's map was before them, and frequently consulted for 
 Geographical information. In settling the boundary line (described in the Treaty) and 
 of which the River Saint Croix forms a part, it became a question, which of the rivers 
 in those parts was the true River St. Croix, it being said that several of them had that 
 name. They did finally agree that the River St. Croix laid down in Mitchell's Map, 
 was the River Saint Croix which ought to form a part of the said boundary line; but 
 whether that river was so decidedly and permanently adopted and agreed upon by the 
 parties as conclusively to bind the two nations to that limit, even in ease it should af- 
 terwards appear that Mitchell had been mistaken, and that the true River Saint Croix 
 was a different one from that which is delineated by that name in his Map, is a question 
 or a case which he docs not recollect, nor believe, was then put or talked of. For his 
 own part, he was of opinion that the Easterly boundaries of the United States, ought, 
 on principles of right and justice, to be the same with the Easterly boundaries of the 
 late Colony or Province of Massachusetts." 
 
281 
 
 DR. FRANKLIN'S LETTER. appendix. 
 
 No. 36. 
 *r received your letter of tiie 3 1st past, relating to the encroachments made on the East- ■ 
 
 ern limits of the United States, hy settlers under the British Government, pretending that Benson, Z, ,, "i," 
 it is the Western and not the Eastern river, of the Bay of Pàssamaquoddy, which was dei the 5th nuki'o 
 designated hy the name of Saint Croix in the Treaty of Peace with that nation, and re- >"S4. 
 questing me to communicate any facts which my memory or papers may enable me to 
 recollect, and which may indicate the true River the Commissioners had in view to* 
 establish as the boundary between the two nations. 1 can assure you that I am per- 
 fectly clear in the remembrance that the Map we used in tracing the boundary between 
 the two nations^was brought to the Treaty, by the Commissioners from England, and 
 that it was the same that was publfthed by Mitchell, above twenty years before. That 
 the Map we used was Mitchell's Map, Congress was acquainted at the time by a letter 
 to their Secretary for Foreign Affairs, which I suppose may be found upon their files.'' 
 The Agent on the part of His Majesty having excepted to these proofs, on the ground 
 that the matter to be proved by them was not admissible in evidence, they were re- 
 ceived, subject to the eventual opinion of the Board on the Question, whether 
 they were to be retained or rejected? A boundary line which Mitchell' has on his 
 Map, is the only indication of the river he intended by the Saint Croix; his intent or 
 mind in this respect cannot be discovered from the relative situation of the River, or 
 of the lake, laid down as its source, or from the course or length of the River, or the 
 form or magnitude of the lake, or indeed from the supposed representations of any 
 natural or sensible objects; that part of the Map which contains the Bay of Pàssama- 
 quoddy, and the rivers issuing into it, being, as to such objects, erroneous or imperfect 
 in the extreme: — The boundary line alluded to, is drawn along the western side of the 
 River Saint Croix to the Lake as its source, and thence round along the Southerly and 
 Westerly sides, and so far along the northerly side of the lake, until it comes to the most 
 northern part of it, and thence it is direct towards the North, "to the river St. Barna- 
 bas, being the nearest river discharging itself into the Great Hiver of Canada." 
 This line was certainly intended to represent, what was esteemed at the time to be the 
 boundary of Nova Scotia, from the mouth of the St. Croix to the River of St. Law- 
 rence. 
 
 The Map and the other proofs connected with it, therefore, instead of being of any 
 avail to the party exhibiting them, they are in confirmation of the very principle of the 
 claim of the opposite party, that the River intended in the Treaty, is the River intend- 
 ed in the Grant for Nova Scotia; the reasoning from them being briefly that the imme- 
 diate Agents who made the Treaty, intended the River which was intended by 
 Mitchell, and that he intended the river which was intended in the Grant for Nova 
 Scotia; so that, as doubtless will be perceived, any further consideration of these proofs, 
 or a decision of the question respecting them, reserved for the opinion of the Board, 
 became unnecessary. 
 
 With respect to the source of the river, the difficulties which occurred in determin- 
 ing it may easily be imagined. 
 
 In all cases it would be difficult to determine the source of a river, when it is to be 
 ascertained to a precise spot, to a point from which a line is to be drawn. 
 
 If it is to be ascertained, or as it may be phrased, found, as a previously assumed 
 station, in a boundary, evidence of where strangers reputed it to be, or where par- 
 ties intended it should be deemed to be, might be proper, and under the circumstances 
 of the case, to be adopted as that which ought to be preferred, and as competently de- 
 cisive. 
 
 No such evidence, however, existed in the present instance; the several branches and 
 head waters of the river have remained unexplored, and the adjacent country unset- 
 tled, and almost unfrequented; so that the only knowledge of the river, from the Falls- 
 71* 
 
1704 
 
 282 
 
 appendix, in it upwards was scarcely more than what was primitively communicated to the first 
 No - 36, voyagers there, by the aboriginal savage?; namely, that lrom the head waters to the 
 Report by Egbert west, there was a portage to the Norembeque, now Penobscot; and from those to the 
 ii/n'm^lïl, in north, there was one to the St. John; let it suffice therefore to intimate, that the 
 ÎV tïe 5 trea a iy l< of reference, as it respected the source of the River, being as it were an appeal to mere 
 judgment or opinion, is in that view analogous to cases of assessment of damages not 
 capable of being liquidated by calculation, or definite rule, and therefore to be as- 
 sessed according to discernment, or discretion; a latitude of arbitrament is in such 
 cases supposed to be permitted to the Jurors, but as they must at the same time agree 
 in a precise sum, accommodation of sentiment among them to a degree is necessary, 
 and consequently justifiable. There is still a question concerning the boundary be- 
 tween the two nations, in that quarter, and originating also in the Treaty of Peace; 
 but partaking of the nature of an omitted case, can be settled only by negotiation, and 
 compact. 
 
 The Treaty supposes the St. Croix to issue immediately into the Bay of Fundy, 
 and of course, that there would be an entire sea board boundary, if it may be so ex- 
 pressed, between the termination of the Southern, and the commencement of the 
 eastern boundary of the United States; and it also intended, that where the eastern 
 boundary passed through waters which were navigable, that both nations should equal- 
 ly participate in the navigation. The Question then is, How is the boundary in the 
 intermediate space between where the mouth of the St. Croix hath been decided to 
 be, and the Bay of Fundy, to be established, most consistent with the Treaty? In an- 
 swer to which it may be suggested, that the boundary should be a line, passing through 
 one of the passages between the Bay of Fundy and the Bay of I'assamaquoddy ; that 
 the west passage being unfit for the purpose, having a Bar across it, which is dry at low 
 water, the next to it must be taken, and the line may be described — Beginning in the 
 middle of the channel of the river St. Croix, at its mouth; thence direct to the mid- 
 dle of the channel between Point Pleasant, and Deer Island; thence through the middle 
 of the channel between Deer Island on the East and North, and Moose Island and 
 and Campo Bello Island, on the West and South, and round the eastern point of 
 Campo Bello Island, to the Bay of Fundy. 
 
 October 25th, 1799. The Commissioners decided the Scudiac, and the northern 
 branch of it, to be the river intended in the Treaty under the name of St. Croix, and 
 that its mouth was at Joe's Point. 
 
 Filed with the four annexed Maps and Charts at Boston, 11th June, 1817. 
 
 ANTH: BARCLAY, 
 Secretary 4th Art. Tr. Ghent. 
 A true copy. 
 
 Attest, 
 
 Anth: Barclay, 
 
 Secretary. 
 
APPENDIX, No. XXXVII. 
 
 EXTRACTS 
 
 FROM THE 
 
 COMMISSIONS OF GOVERNORS OF NEW BRUNSWICK. 
 
 GUY CAHLETON 1786. 
 
 Fifth part of Patents in the twenty-sixth year of King George the Third. 
 
 Sir Gvy Carleton, K. B. 
 
 Governor of New Brunswick. 
 
 George the Third by the grace of God of Great Britain Prance and Ireland King appendix. 
 Defender of the Faith and so forth To our trusty and welbeloved Sir Guy Carleton N "- 3 ' '• 
 Knight of the Most Honorable Order of the Bath Greeting Whereas wee did by our Extracts from tiie 
 Letters Patent under our Great Seal of Great Britain bearing date at Westminster the the°Tôvernors°of 
 sixteenth day of August in the twenty-fourth year of our Reign constitute and - Ntw Ur ^ wujk - 
 appoint Thomas Carleton Esquire to be our Captain General and Governor in Chief "^ arelon > ' 
 in and over our Province of New Brunswick in America bounded as in our said 
 recited Letters Patent was mentioned and expressed Now know ye that wee have 
 revoked and determined and by these presents do revoke and determine the said re- 
 cited Letters Patent and every clause matter and thing therein contained And further 
 know ye that wee reposing especial trust and confidence in the prudence courage and 
 loyalty of you the said Sir Guy Carleton of our special grace certain knowledge and 
 mere motion have thought fit to appoint you the said Sir Guy Carleton to be our 
 Captain General and Governor in Chief in and over our Province of New Brunswick 
 in America bounded on the westward by the mouth of River Saint Croix by the 
 said River to its source and by a line drawn due north from thence to the sou/ hern 
 boundary of our Province of Quebec to the northward by the said boundary as 
 far as the western extremity of the Bay des Chaleurs to the eastward by the said 
 Bay and the Gulph of Saint Lawrence to the Bay called Bay Verte to the south by a 
 line in the centre of the Bay of Fundy from the Hiver Saint Croix aforesaid to the 
 mouth of the Musquat River by the said River to its source and from thence by a due 
 east line across the Isthmus into the Bay Verte to join the eastern line above described 
 including all Islands within six leagues of the Coast with all the rights members and 
 appurtenances whatsoever thereunto belonging. 
 
 ********** 
 
 Witness ourself at Westminster the twenty-seventh day of April in the twenty- 
 sixth year of our Reign. 
 
 By IVrit of Privy Seal. 
 
28 d 
 
 appendix. JAÎVSrS HSNRY CRAIG, NEW BRUNSWICK, 1807. 
 
 No. 27. 
 
 Twelfth part of Patents in the forty-seventh year of King George the Third 
 
 l\i, acts from the 
 
 Commissions oi* _ TT « T r n 
 
 vrern rs or SIR JAMES HENRY LrAIG K. 15. 
 
 New Brunswick. w , _-. . 7 
 
 Governor of Aew Brunswick. 
 
 .lames H. Ci 
 
 1^07. 
 
 Georo-e the Third by the grace of God of the United Kingdom of Great Britain 
 and Ireland King Defender of the Faith To our trusty and vvelbeloved sir James 
 Henry Craig Knight of the Most Honorable Order of the Bath Lieutenant General 
 of our Forces Greeting Whereas we did by our Letters Patent under our Great Seal 
 of Great Britain bearing date the twenty-eighth day of February in the thirty- 
 seventh year of our Reign constitute and appoint our trusty and vvelbeloved Ro- 
 bert Prescott Esquire Governor General of our Forces to be our Captain General and 
 Governor in Chief in and over our Province of New Brunswick in America bound- 
 ed on the westward by the mouth of the River Saint Croix by the said River to 
 its source and by a line drawn due north from thence to the southern boundary of 
 our Province of Quebec to the northward by the said boundary as fur as the west- 
 ern extremity of the Bay des Chaleurs to the eastward by the said Bay and the 
 Gulph of Saint Lawrence to the Bay called the Bay Verte to the south by a line in 
 the centre of the Bay of Fundy from the River St. Croix aforesaid to the mouth of 
 the Musquat River by the said River to its source and from thence by a due east line 
 across the Isthmus, into the Bay Verte to join the eastern line above described inclu- 
 ding all Islands within six leagues of the Coast with all the rights members and ap- 
 purtenances whatsoever thereunto belonging Now know you and wee have revoked 
 and determined and by these presents do revoke and determine the said recited Letters 
 Patent and every clause article and thing therein contained And further know you that 
 we reposing especial trust and confidence in the prudence courage and loyalty of 
 you the said Sir James Henry Craig of our especial grace certain knowledge and meer 
 motion have thought fit to appoint you the said Sir James Henry Craig to be our 
 Captain General and Governor in Chief in and over our said Province of Neiv- 
 
 Brunswick bounded as hereinbefore described. 
 
 ********** 
 
 In Witness &.c, Witness &c. the twenty-ninth day of August. 
 
 By Writ of Privy Seal. 
 
 SIR GEO. PREVOST, NEW BRUNSWICK, 1811. 
 
 First part of Patents in the fifty -first year of King George the Third. 
 
 Sra George Prévost Bart. 
 
 Governor of New Brunswick. 
 
 sir Geo. Frevost, George the Third by the grace of God of the United Kingdom of Great Britain 
 and Ireland King Defender of the Faith To our trusty and welbeloved Sir George 
 Prévost Baronet Lieutenant General of our Forces Greeting Whereas we did by 
 our Letters Patent under our Great Seal of our United Kingdom of Great Britain and 
 Ireland bearing date the twenty-ninth day of August one thousand eight hundred and 
 seven in the forty-seventh year of our Reign constitute and appoint our trusty and 
 welbeloved Sir James Henry Craig Knight of the Most Honorable order of the 
 Bath Lieutenant General of our Forces to be our Captain General and Governor in 
 Chief in and over our Province of New Brunswick in America bounded on tlie 
 ires/ward by the mouth of the River Saint Croix by the said River to its source 
 
5285 
 
 and by a line drawn due north from thence to t/te southern boundary of our Pro- Jippendix, 
 vince of Quebec to the northward by the said boundary as far as the western ex- No ' ° 7 ' 
 trcmity of the Bay de Chaleurs to the eastward by the said Bay and the Gulph of Extracts nom the 
 St Lawrence to the Bay called Bay Verte to the south by a line in the centre of the Governors of Ne» 
 Bay of Fimdy from the River St. Croix aforesaid to the mouth of the Musquat River 
 
 ' .Sir Geo. Prévost, 
 
 by the said River to its source and from thence by a due east line across the Isthmus '"" 
 
 into the Bay Verte to join the eastern line above described including all Islands within 
 six leagues of the Coast with all the rights members and appurtenances whatsoever 
 thereunto belonging Now know you that we have revoked and determined and by 
 these presents do revoke and determine the said recited Letters Patent and every 
 clause article and thing therein contained And further know you that we reposing 
 especial trust and confidence in the prudence courage and loyalty of you the said Sir 
 George Prévost of our especial grace certain knowledge and meer motion have thought 
 fit to appoint you the said Sir George Prévost to be our Captain General and Gover- 
 nor in Chief in and over our said Province of New Brunswick bounded as herein- 
 before described. 
 
 * * * • ****** 
 
 In witness &c. Witness &c. the twenty-first day of October. 
 
 By Writ of Privy Seal. 
 
 3. C. SHERBROOKE, STEW BRUNSWICK, 1816. 
 
 Seventh part Patents of the fifty-sixth year of King George the Third. 
 
 George the Third by the grace of God of the United Kingdom of Great Britain j. c. siierbrook* 
 and Ireland King Defender of the Faith To our trusty and welbeloved Sir John Coape 
 Sherbrooke Knight Grand Cross of the Most Honorable Military Order of the Bath 
 Lieutenant General of our Forces Greeting We reposing especial trust and confi- 
 dence in the prudence, courage and loyalty of you the said Sir John Coape Sherbrooke 
 of our especial grace certain knowledge and meer motion have thought fit to constitute 
 and appoint you the said Sir John Coape Sherbrooke to be our Captain General and 
 Governor in Chief in and over our Province of New Brunswick in America bound- 
 ed on the westward by the mouth of the River St. Croix by the said River to its 
 source and by a line drawn due north from thence to the southern boundary of 
 our Province of Quebec to the northward by the said boundary as far as the west- 
 ern extremity of the Bay de Chaleurs to the eastward by the said Bay and the Gulph 
 of Saint Lawrence to the Bay called Bay Verte to the south by a line in the centre of 
 the Bay of Fundy from the River St. Croix aforesaid to the mouth of the Musquat 
 River by the said River to its source and from thence by a due east line across the 
 Isthmus into the Bay Verte to join the eastern line above described including all 
 Islands within six leagues of the Coast with all the rights members and appurtenances 
 
 whatsoever thereunto belonging. 
 
 -s & * * -* r * * * 
 
 In witness &.C. Witness &c. the tenth day of April. 
 
 By Writ of Privy Seal. 
 
 DUKE OP RICHMOND, HEW BRUNSWICK» 1818. 
 
 Eighth part Patents of the fifty-eighth year of King George the Third. 
 
 George the Third by the grace of God of the United Kingdom of Great Britain Dultc0 f Richmond 
 and Ireland King Defender of the Faith To our right trusty and right entirely beloved mv - 
 
 Cousin and Councillor Charles Duke of Richmond Knight of the Most Noble Order 
 
28G 
 
 appendix, of the Garter General of cur Forces Greeting Whereas we by our Letters Patent 
 No. 37. unc l er our Great Seal of our United Kingdom of Great Britain and Ireland bearing 
 Eitracts from the date the tenth day of April one thousand eight hundred and sixteen in the fifty-sixth 
 GovCTnoreof kS? year of our Reign constitute and appoint mir trusty and welbeloved Sir John Coape 
 Sherbrooke Knight Grand Cross of the Most Military Order of the Hath Lieutenant 
 L818. General oi our Forces to be our Captain General and Governor in LiueJ in una 
 
 over our Province of New Brunswick in America bounded on the westward by the 
 mouth of the River St. Croix by the said River to its source and by a tine drawn 
 due north from thence to the southern boundary of our Province of Quebec to the 
 northward by the said boundary as far as the western extremity of the Bay de 
 Chaleurs to the eastward by the said Bay and the Gulph of Saint Lawrence to the 
 Bay called Bay Verte to the south by a line in the centre of the Bay of Fundy from 
 the River Saint Croix aforesaid to the mouth of the Musquat River by the said River 
 tothe source and from thence by a due east line across the Isthmus into the Bay Verte 
 to join the eastern line above described including all Islands within six leagues of the 
 Coast with all the rights members and appurtenances whatsoever thereunto belonging 
 Now know you that we have revoked and determined and by these presents do revoke 
 and determine the said recited Letters Patent and every clause article and thing there- 
 in contained And further know you that we reposing especial trust and confidence in 
 the prudence courage and loyalty of you the said Charles Duke of Richmond of our 
 especial grace certain knowledge and meer motion have thought fit to constitute and 
 appoint you the said Charles Duke of Richmond to be our Captain General and 
 Governor in Chief in and over our said Province of New Brunswick bounded as 
 hereinbefore described. 
 
 In witness &.c. Witness &c. the eighth day of May. 
 
 By Writ of Privy Seal. 
 
 £ail of Da!Iiou.<te 
 
 EARL OF DALHOUSIE, NEW BRUNSWICK, 1819. 
 
 Second part Patents of thefrst year of King George the Fourth. 
 
 George the Fourth by the grace of God of the United Kingdom of Great Britain 
 i-i'J and Ireland King Defender of the Faith '1 o our right trusty and right welbeloved 
 
 Cousin and Councillor George Earl of Dalhousie of that part of our United Kin"-dom 
 called Scotland Knight Grand Cross of the Most Honorable Military Order of the 
 Bath Lieutenant General of our Forces Greeting Know you that we reposing espe- 
 cial trust and confidence in the prudence courage and loyalty of you the said George 
 Earl of Dalhousie of our especial grace certain knowledge and meer motion have 
 thought fit to constitute and appoint you to be our Captain General and Comman- 
 der in Chief in and over our Province of New Brunswick in America bounded on 
 the westward by the mouth of the River Saint Croix by the said River to its source 
 and by a lins drawn due north from thence to the sou/hern boundary of our Pro- 
 vince of Quebec to the northward by the said boundary as far as the western ex- 
 tremity of the Bay de Chaleurs to the eastward by the said Bay and the Gulph of 
 Saint Lawrence to the Bay called Bay Verte to the south by a line in the centre of the 
 Bay of Fundy from the River Saint Croix aforesaid to the mouth of the Musquat 
 River by the said River to its souree and from thence by a due east line across the 
 Isthmus into the Bay Verte to join the eastern line above described including all Islands- 
 within six leagues of the Coast with all the rights members and appurtenances what- 
 soever thereunlo bclonsina:. 
 
 * * * * * 
 
 In witness &c. Witness &.c. the twelfth day of April. 
 
 By Writ of Privy Seal. 
 
APPENDIX, No. XXXVIII. 
 
 EXTRACTS 
 
 THE COMMISSIONS OF GOVERNORS, &c. 
 
 PROVINCES OF UPPER AND LOWER CANADA. 
 
 SIS JAMES HENRY CRAiti, K. B. UPPER AND LOWEB CANADA, 1807. 
 
 Twelfth Part of Patents in the Forty seventh year of King George the Third. 
 
 Sir James Henry Craig K. B. 
 
 Governor of Upper and Loiver Canada. 
 
 George the Third by the grace of God of the United Kingdom of Great Britain and Appendix. 
 Ireland King Defender of the Faith To our Trusty and welbcloved Sir James Henry No - 38 - 
 Craig Knight of the most Honorable Order of the Bath Lieutenant General of our E xtra^7fi7m the 
 Forces Greeting Whereas we did by our Letters Patent under our Great Seal of oZTm^'of"^ 
 Great Britain bearing date the fifteenth day of December one thousand seven hun- S^ dL ° werCtt " 
 dred and ninety-six in the thirty-seventh year of our reign constitute and appoint our sir i^ H™_ry 
 trusty and welbeloved Robert Prescott Esquire Lieutenant General of our Forces to'' ™' 8 ' 1 
 be our Captain General and Governor in Chief of our province of Upper Canada and 
 of our province of Lower Canada respectively bounded by a line to commence at a 
 stone boundary on the north bank of the Lake Saint Francis at the Cove west of 
 point au Baudet in the limit between the township of Lancaster and the Seigneurie of 
 New Longuevil running along the said limit in the direction of north thirty-four de- 
 grees west to the westernmost angle of the said Seigneurie of New Longuevil thence 
 along the north western Boundary of the Seigneurie of Vaudreuil running north twen- 
 ty five degrees east until it strikes the Ottawas River to ascend the said river into the 
 Lake Tomies Canning and from the head of the said Lake by a line drawn due north 
 until it strikes the boundary line of Hudson's Bay The province of Upper Canada 
 to comprehend all such Lands Territories and Islands lying to the westward of the 
 said line of Division as were part of our said province of Quebec and the province 
 of Lower Canada to comprehend all such Lands Territories and Islands lying to 
 the eastward of Ihesaidline of Division as were part of our said province of Que- 
 bec Now know you that wc have revoked and determined and by these presents do 
 revoke and determine the said recited Letters Patent and every clause matter and thine 
 therein contained And further know you that we reposing especial trust and confi- 
 dence in the prudence courage and loyalty of you the said Sir James Henry Craig of 
 our especial grace certain knowledge and meer motion have thought lit to constitute 
 and appoint you the said Sir James Henry Craig to be our Captain General and 
 Governor in Chief of our said province of Upper Canada and of our said province of 
 Lower Canada respectively bounded as hereinbefore mentioned. 
 
 ******* 
 
 It} Witness &c. Witness &c. the twenty ninth day of August. 
 
 By Writ of Privy Seal, 
 
28S 
 Appendix. SIR GEORGE PREVOST, UPPER AND LOWER CANADA, 1811. 
 
 No. 38. 
 
 Ninth Part of Patents in the fifty -first year of King George the Third. 
 
 Extracts from the 
 
 Commissions ofUie 
 
 Governors of Up- SIR UEORGE PrEVOST BART. 
 
 per and Lower Ca- 
 
 nada - Governor of Canada. 
 
 Sir Geo. Prévost, 
 
 George the Third by the grace of God of the United Kingdom of Great Britain 
 and Ireland King Defender of the Faith To our trusty and welbeloved Sir George 
 Prévost Baronet Lieutenant General of our Forces Greeting Whereas we did by our 
 Letters patent under our Great Seal of our United Kingdom of Great Britain and 
 Ireland bearing date the 29th day of August one thousand eight hundred and seven in 
 the forty seventh year of our reign constitute and appoint our trusty and well beloved 
 Sir James Henry Craig Knight of the most Honorable order of the Bath Lieuten- 
 ant General of our Forces to be our Captain General and Governor in Chief of our 
 Province of Upper Canada and of our Province of Lower Canada respectively 
 bounded by a line to commence at a stone boundary on the north bank of the 
 Lake St. Francis at the Cove west of Point au Baudet in the limit between the town- 
 ship of Lancaster and the Seigneurie of New Longuevil running along the said limit 
 in the direction of north thirty four degrees west of the westermost angle of the said 
 Seigneurie of New Longuevil thence along the north western boundary on the Seig- 
 neurie of Vaudreuil running north twenty-five degrees east until it strikes the Ottawas 
 river to ascend the said river into the Lake Tomis Canning and from the head of the 
 said Lake by a line drawn due north until it strikes the boundary line of Hudson's Bay 
 the province of Upper Canada to comprehend all such lands Territories and Islands 
 lying to the westward of the said line of division as were part of our said province of 
 Quebec and the Province of Lower Canada to comprehend all such lands Territo- 
 ries and Islands lying to the eastward of the said line of division as were part of 
 our said. Province of Quebec — Now know you that we have revoked and determined 
 and by these presents do revoke and determine the said recited Letters patent and 
 every clause article or thing therein contained And further know you that we reposing 
 especial trust and confidence in the prudence courage and loyalty of you the said Sir 
 George Prévost of our especial grace certain knowledge and meer motion have thought 
 fit to constitute and appoint you the said Sir George Prévost to be our Captain 
 General and Governor in Chief of our said province of Upper Canada and of our said 
 
 ■province of Loiver Canada respectively bounded as herein before described. 
 
 ******** * 
 
 In Witness &c. Witness &c. the twenty-first day of October. 
 
 By Writ of Privy Seal. 
 
 J. C. SHERBROOKE, UPPER AND LOWER CANADA, 1816. 
 
 Sixth Part Patents of the Fifty-sixth year of King George the Third. 
 
 j. e. Sheibrooke George the Third by the grace of God of the United Kingdom of Great Britain 
 1816 and Ireland King Defender of the Faith To our trusty and welbeloved Sir JohnCoape 
 
 Sherbrooke Knt Grand Cross of the most Hoiorable Military order of the Bath Greet- 
 ing Whereas we did by our Letters patent under our Great Seal of our United 
 Kingdom of Great Britain and Ireland bearing date the twenty eighth day of De- 
 cember one thousand eight hundred and fourteen in the fifty fifth year of our reign 
 appoint our trusty and welbeloved Gordon Drummond Esqr. Lieuienant General of 
 our Forces to administer the Government of our province of Upper Canada and of 
 our province of Lower Canada respectively bounded by a line to commence at a 
 
289 
 
 stone boundary on the north bank of the Lake. St. Francis at the Cove west of appendix. 
 Point au Baudet in the limit between the township of Lancaster and the Seigneurie of N0, >H - 
 New Longuevil running along the said limit in the direction of north thirty lour de- Ext.acta from the 
 grees west to the westermost angle of the said Seigneurie of New Longuevil thence c°v!»nor"™r Upi 
 along the north western boundary of the Seigneurie of Vaudreuil running north twen- nada 
 ty live degrees east until it strikes the Ottawas river to ascend the said river into the J- <-'. Sherbrooke 
 
 , . . 1816 
 
 Lake Tonus Canning and from the head of the said Lake by a line drawn due north 
 until it strikes the boundary line of Hudson's Bay — The Province of Upper Canada 
 to comprehend all such lands territories and islands lying westward of the said line 
 of division as were part of our province ol Quebec and the province of Lower 
 Canada to comprehend all such Lands Tenements and Islands lying to the east- 
 ward of the said Line of division as were part of our said province of Quebec 
 Now know Ye that we have revoked and determined and by these presents do revoke 
 and determine the said recited Letters patent and every clause article or thing therein 
 contained And further know you that we reposing especial trust and confidence in the 
 prudence courage and loyalty of you the said Sir John Coape Sherbrooke of our espe- 
 cial grace certain knowledge and mere motion have thought lit to constitute and ap- 
 point you the said Sir John Coape Sherbrooke to be our Captain General and Go- 
 vernor in Chief of our said province of Upper Canada and of our said province of 
 Lower Canada respectively bounded as hereinbefore described. 
 
 * * * * * * * '-:- 
 
 In Witness, Sec. Witness &c. the twenty fifth day of March. 
 
 By Writ of Privy Seal. 
 
 DUKE OF RICHMOND, UPPER M'D LOWER CAN > DA, 1818. 
 
 Eighth Part Patents of the Fifty-eighth year of King George the Third. 
 
 George the Third by the grace of God of the United Kingdom of Great Britain Dukeof Richmond 
 and Ireland King Defender of the Faith To our Right Trusty and Right entirely be- 
 loved Cousin and Councillor Charles Duke of Richmond Knight of the most Noble 
 order of the Garter General of our Forces Greeting Whereas we did by our Letters 
 patent under our Great Seal of our United Kingdom of Great Britain and Ireland bear- 
 ing date the twenty-fifth day of March in the fifty-sixth year of our reign consti- 
 tute and appoint our trusty and welbeloved Sir John Coape Sherbrooke Knight 
 Grand Cross of the most Honorable Military order of the Bath Lieutenant Gen- 
 eral of our Forces to be our Captain General and Governor in Chief in and over 
 our province of Upper Canada and our province of Lower Canada respectively 
 bounded by a line to commence at a stone Boundary on the north Bank of 
 the Lake St. Francis at the Cove west of Fort au Baudet in the limit between 
 the township of Lancaster and the Seigneurie of New Longuevil running along 
 the said limit in the direction of north thirty-four degrees west to the westernmost 
 angle of the said Seigneurie of New Longuevil thence along the north-western 
 boundary of the Seigneurie of Vaudreuil running north twenty five degrees East 
 until it strikes the Ottawas river to ascend the said river into the Lake Tomis Canning 
 and from the head of the said Lake by a line drawn due north until it strikes the boun- 
 dary Line of Hudson's Bay The Province of Upper Canada to comprehend all such 
 lands territories and Islands lying to the westward of the said line of Division as were 
 part of our Province of Quebec and the Province of Lower Canada to comprehend 
 all such Lands Territories and Islands lying to the eastward of the said line of 
 Division as were part of our said province of Quebec Now know you that we have 
 revoked and determined and by these presents do revoke and determine the said re- 
 73 ft 
 
290 
 
 Appendix, cited Letters patent and every clause article or thing therein contained And further 
 No. 38. know you that we reposing especial trust and confidence in the prudence courage and 
 Eitracis from ihe loyalty of you the said Charles Duke of Richmond of our especial grace certain know- 
 GOTemore'of'up- ledge and meer motion have thought fit to constitute and appoint you the said Charles 
 Mda'.' a Duke of Richmond to be our Captain General and Governor in Chief of our said 
 
 DukeofRichmond province of Upper Canada and of our said province of Lower Canada respectively 
 bounded as hereinbefore described. 
 
 In Witness &c. Witness &c. the eighth day of May. 
 
 By Writ of Privy Seal. 
 
 EARL OF DALHOUSIE, UPPER AND LOWER CANADA, 1819. 
 
 Second Part Patents of the first year of King George the Fourth. 
 
 RariofOaihousie, George the Fourth by the grace of God of the United Kingdom of Great Britain 
 and Ireland King Defender of the Faith To our trusty and right welbeloved Cousin 
 and Councillor George Earl of Dalhousie of that part of our United Kingdom called 
 Scotland Knight Grand Cross of the most Honorable Military Order of the Bath Lieu- 
 tenant General of our Forces Greeting Know you that we reposing especial trust and 
 confidence in the prudence courage and Loyalty of you the said George Earl of Dal- 
 housie of our especial grace certain knowledge and mere motion have thought fit to 
 constitute and appoint you to be our Captain General and Governor in Chief in 
 and over our province of Upper Canada and in and over our province of Lower Cana- 
 da respectively bounded by a line to commence at a stone boundary on the north 
 bank of the Lake St. Francis at the Cove west of the Point au Baudet in the limit 
 between the township of Lancaster and the Seigneurie of New Longuevil running 
 along the said limit in the direction of north thirty-four degrees west to the western- 
 most angle of the said Seigneurie of New Longuevil thence along the north western 
 boundary of the Seigneurie of Vaudreuil running north twenty-five degrees east until 
 it strike the Ottawas River to ascend the said river into the Lake Tomis Canning and 
 from the head of the said Lake by a line drawn due north until it strikes the bounda- 
 ry line of Hudson's Bay The Province of Upper Canada to comprehend all such lands 
 Territories and Islands lying to the westward of the said line of division as were part 
 of our Province of Quebec and the province of Lower Canada to comprehend all 
 such lands Territories and Islands lying to the eastward of the said line of Di- 
 vision as iverepart of our said province of Quebec. 
 
 In Witness &c. Witness &c. the twelfth day of April. 
 
 By Writ of Privy Seal. 
 
APPENDIX, No. XXXIX. 
 
 EXTRACTS 
 
 PINKERTON'S MODERN GEOGRAPHY, REES' CYCLOPAEDIA, 
 
 SUPPLEMENT TO ENCYCLOPAEDIA BRITANNICA. 
 
 IVTODERN GEOGEAPHY, BY JOHN PIKKERTON 
 " SCOTLAND.— CHAPTER IV. 
 
 " Face of the country. — The face of the country is in general mountainous, to the •appendix. 
 
 extent, perhaps, of two thirds; whence the population is of necessity slender, in 
 
 comparison with the admeasurement. But the name of Highlands is more strictly tenon's fr ceo»i'à 
 confined to Argyleshire, the coast of Perthshire, and of Inverness ; and the entire •**■ 
 counties of Ross, Sutherland, and Caithness." 
 
 EXTRACT 
 
 FROM GUTHRIE'S GEOGRAPHICAL GRAMMAR.— SCOTLAND. 
 
 " Boundaries. — Scotland is bounded on the South by England ; and on the North, Extract fromGutir- 
 East, and West, by the Deucaledonian, German, and Irish seas, or more properly, Grammar, 
 the Atlantic Ocean." 
 
 THE CYCLOPEDIA, 
 
 BY ABRAHAM REES. 
 
 "Highlands, a natural division of Scotland, formed by the Grampian Mountains, Extract from Rees' 
 
 ' • n* j i ■ i , • r Cyclopœdia. 
 
 and including the northern and mountainous Provinces, and applied to this part ol the 
 
 country in contradistinction to the " Lowlands," which comprehend the southern 
 
 districts. The appellation of Highlands is more strictly confined to Argyleshire, the 
 
 coast of Perthshire, and of Inverness, and the entire counties of Ross, Sutherland, 
 
 and Caithness, extending also to the Hebrides or Western Isles. The whole of this 
 
 district is wild, rugged, and mountainous, separated by vales, from which the direct 
 
 rays of the sun are for some months intercepted by the elevated mountain, and into 
 
 which the rivers flowing from them are precipitated." 
 
292 
 
 appendix. EXTRACT 
 
 No. 39. 
 FROM THE SECOND VOLUME OF THE SUPPLEMENT TO THE ENCYCLOPEDIA 
 
 Extracts I'romSup- BRITANNICA.— ARTICLE "CALEDONIAN CANAL." 
 
 plenient to Ency- 
 clopedia Britanni- 
 ca. ********* 
 
 ragesro. " So early as the year 1773, Mr. James Watt, of Soho, to whom mankind and the 
 
 arts are so much indebted for his improvements in the steam engine, was appointed 
 by the Trustees or Commissioners for certain forfeited estates in Scotland, to make a 
 survey of the central Highlands. Mr. Watt, in his report to that public body, re- 
 commended, amongst olher improvements for the Highlands, the formation of the 
 Crinan Canal, which has, long since, been executed, and also the Caledonian Canal, 
 from Inverness to Fort William, now in progress, and which we are immediately 
 to describe. ********* 
 ********* 
 
 * * * The Lords of the Treasury, in 1802, directed Mr. Tel- 
 
 ford, Civic Engineer, to make a survey of the coasts and central Highlands of Scot- 
 land. The Report which he in consequence drew up, involves a variety of considera- 
 tions connected with the improvement of the Highlands, and the employment of the 
 population of these districts ; but the part of it which we are more particularly to 
 consider, is that which refers to the proposition of an inland navigation from Loch 
 Beauly and the German Ocean on the Eastern Coast, to Loch Eil and the Atlantic 
 Ocean on the Western Coast." 
 
 rage 577. u f^g ex tent of the navigation comprehended in the middle district is about twelve 
 
 miles. The whole height from the Beauly Firth or the East Sea to Loch Oich, the 
 summit level of the canal, is stated at about 94 feet ; and as 53 feet of this has been 
 overcome in rising to Loch Ness, it appears that about 41 feet will form the rise of 
 the lockage of the middle district, while the fall on the western side to Loch Eil if 
 only 90 feet." 
 
APPENDIX, No. XL. 
 
 EXTRACTS 
 
 POWNALL'S TOPOGRAPHICAL DESCRIPTION 
 
 PART OF THE MIDDLE BRITISH COLONIES IN AMERICA. 
 
 " In like Manner the Courses and the Currents of the great Rivers, with their appendix. 
 attendant Streams and Rivulets, by the line of their course, and by the Nature of the No - 40 - 
 current with which they flow, mark the Height of the Land, the Declination of its Extrac , rromPow . 
 sides, and its abrupt Descents or level Plains." cS'nienptliS'of 
 
 Canada. 
 
 " When we proceed to a more exact detail of this Country, so as to examine it in its ra se 9- 
 parts, we must observe, that as the Country in General is divided into different Stages, 
 so the general Face of it contained in this map is divided into Two distinct and very 
 different Tracts of Country, viz: Into that Part which lies W. and S. W. of Hudson's 
 River, and that which is E. and N.E. of Hudson's River and Lake Champlain. This 
 specific Difference will be marked in the descriptions which I shall give of each part. 
 It will be sufficient here to say, that the mountains of the Western Division, begin- 
 ning from an immense high Tract of land lying in the Angle formed by the Mohawks 
 and Hudson's Rivers, go off in an Angle from Hudson's River in one general Trend- 
 ing in parallel and uniform Ranges of Ridges South Westerly to West Florida and 
 Louisiana. The mountains of the other division on the east side of the River run in 
 like uniform Ranges, but in a Direction almost due North and South parallel to the 
 River, and end in steep ridges and bluff Heads at or near the Coast on Long Island 
 Sound: And in the Latitude 45 or thereabouts, turning Eastward run away to the 
 Gulf of St. Lawrence." 
 
 t 
 
 "The Hudson's River arises from Two main Sources derived by Two Branches rngcia 
 which meet about Ten miles above Albany, the one called the Mohawks' River 
 (rising in a flat level Tract of Country, at the very Top or Height of the Land 
 to Westward) comes away E. and S. E. at the foot, on the North Sides of the Moun- 
 tains, which the Indians call by a Name signifying the Endless Mountains.'' 
 
 " From the junction of these Branches, under the name of Hudson's River, it runs Page 11, 
 nearly South, and passing what is called the Narrows, between Long Island and Staten r 
 Island, runs out to Sea by Sandy Hook; in its course it passes by the City of Albany, 
 and then under the Eastern Foot of the Kaats'-kill Mountains and the Highlands 
 of 'Sopos; but the extraordinary and very singular Passage which it lias, is through a 
 Range of very high and mountainous Lands, about 12 miles across, called the High- 
 lands, running directly athwart its course; foras though a Chasm had been split in this 
 Range of Mountains to make way for it, it passes in a deep still channel near a mile 
 74* 
 
l'âge 1.1. 
 
 i"a«e H. 
 
 294 
 
 .Jppcndix. broad, with one zigzag only, through these Mountains piled up almost perpendicular 
 No. 40. t() a most astonishing height on each side of it." 
 Extracts from 
 
 I'.iv. null's TODO- T , . . ~ p >i TT 1 9' Tï • l i r> 
 
 ciaphicaiDescrip- " Between the northern Part ot the Hudson s Hiver and the bouthern Parts of the 
 Lakes and Drowned Land, is the Height of the Land of about 12 or 14 Miles Breadth, 
 whence the waters run different ways, Part to the South, Part to the North; over 
 this Portage to Lake George is a Waggon Road 
 
 " The Country between the Drowned Lands and Lake George, as the journals of 
 the European Scouts both French and English describe it, also according to the in- 
 formation which the Indians give of it, is a very impracticable Country." 
 
 "This vale is bordered on the West by a range of the Chicabé Mountains, these 
 terminate a little below East Hadham, and the face of the Country spreads in like 
 manner into hilly Land, (which also form ihe East Boundary of the vale of Connec- 
 ticut,) and on the East by one of the ranges of the Ouatehuset Mountain continuing 
 South to Stonington. Going from the same line in Lat. 4,5, of the greatest Height 
 of this Range of Mountains, and following them to the East northerly: They all 
 seem to range as united until again divided by the Bay of Chaleurs, an arm of the 
 Gulf of St. Lawrence. 
 
 " All the Rivers which have their Sources amidst the Northern Ridges of this great 
 Range, fall into Canada or St. Lawrence River, as the St. Francis, Chaudière, and 
 many others. All which have their sources amidst the Southern Ridges, fall into the 
 Bay of Fund é or into the main Ocean; their rise are almost universally from Lakes 
 and Ponds, great Part of their first courses lie in the valleys amidst the mountainous 
 Ridges in the forms of drowned Swampy lands, or a succession of Ponds; and while 
 they do so their courses are generally, I might say universally, from West to East: 
 Whenever through Gaps or intersections they can get away Southward, they do so, 
 tumbling over almost continued Falls across the Ranges. If they happen to find a 
 coarse along the side of any Spur or Branch which runs South, it is otherwise, and 
 their courses are free. But the other circumstance being that which forms in general 
 their characteristic Nature; these Rivers in general are very little capable of Marine 
 Navigation to any length of Course within the Country; St. John's River m Nova 
 Scotia excepted. 
 
 "Connecticut River. This River rises in North Latitude 45° 10', at the Height of 
 the Land in Longitude 4, East of the Meridian of Philadelphia. It hath its Birth in a 
 Swampy Cove at the Height of the Land; after having slept for Eight or Ten Miles rn 
 this state of Infancy, it leaves the place of its Birth by tumbling over Four separate 
 Falls; it then turns to the West, and keeps close under the Hills which form the 
 northern Boundary of the Vale in which it runs; and in Ten Miles further Course runs 
 under the Little Monadnae'g Mountains for about Four miles, at the End it turns round 
 a high Sharp Point, and for about a Mile runs North West, till comino- under a high 
 Hill it turns again to the South West; at Two Miles and a Half Distance from hence, 
 a little River called Leak's Stream falls into it, coming, down a Valley from the 
 North West. This Stream interlocks with some of the Heads of St. Francis's Wa- 
 ters, and has been formerly an Indian Road. From hence, running under the Hills 
 of the Western Boundary of the Vale,, it comes in Six or Seven Miles Course to- the 
 Grand Monadnae'g Mountains on the West; as it runs Eight or Ten Miles further 
 Course, it approaches the Mountains on the East side of the Vale, and runs under 
 rocky Mountains on the East. Almost opposite to this, in a flat Swampy Interval on 
 the West Shore, there is a Mineral Spring. About Eight Miles below this is the 
 beginning of a new Settlement, the First in the Course of this River; about Four- 
 Miles lower, opposite to .imanussag River, which falls into it from the East, are two 
 more Settlements." 
 
295 
 
 '«The Eastern Range begins by an humble lowly Birth about Hopkington, Hollis- Appendix 
 ton, or Medford; the eastern Ridge of this keeps a Course North by Concord, and No ' 40 - 
 runs across the River Merrimac at Pantookaëg Falls, it begins to grow more consider- Extra^fr^Pow. 
 able in the Province New Hampshire, and runs up into a high Ridge called Tower ïaD^Xn* 
 Hill; it is depressed again, and again rises into rather a higher Ridge called Saddle- ,; "' a ' ,a _ 
 back Mountain: It subsides, but soon again rises in what is called Packer's Hill it ra; '' ' 7 - 
 then ranges along the East of Winipissiocket Pond, and at the North East Bay of that 
 runs up into very high Mountains called Ossipee Hills; it continues then the same 
 Northern Course, and in Latitude 44, rises into the highest Mountains of this whole 
 eastern Division called the White Hills, the Peak or Top of which being bare rocks of 
 a White Grit and Talk, ami bleeched by the eternal Beating of the weather, has a very 
 uncommon appearance: These Hills, although more than 70 Miles within Land, arc 
 seen many Leagues off at Sea, and always appear like an exceeding bright cloud in the 
 Horizon. A Ridge of the same range, the next to the Westward, running on the 
 West side Winipissiocket Pond, runs up at the North West Bay into a high Mountain of 
 red shelly Land, and is called the Red Hill or Mountain; this Range falls also in with 
 the White Hills. A Range running hence crosses the East Boundary Line of New- 
 Hampshire in Latitude 444, and trending North East forms the height of the Land 
 between Kenebaëg and Chaudière Rivers: of the Nature and Course of this high 
 Land in these Parts I am totally uninformed; and the Map in these Parts is so 
 engraved as not to assume any great authority. 
 
 " All the Rivers in the eastern Parts of New England, arising amidst the South and 
 South Eastern Ridges of this high Range, generally spring from Lakes, great Ponds, or 
 boggy Swamps in the Valesr While they run or rather creep along the Course of 
 these Vales, their Beds are broad and seem rather like a succession of Ponds than the 
 Channels of Rivers», but as the Southern Ridges are much lower than the Northern 
 ones, these Rivers get away South through the first Gap or Interlocking, or along the, 
 first Spur which sets off, and tumble across the several strata in broken currents over 
 rifts and Cataracts almost to their mouths. They are from this circumstance capable 
 of admitting Marine Navigation but a very little way within Land. It is generally 
 stopt at about 20 or 30 Miles by Falls. The Projection of the Rivers in this Part of 
 the Map may be depended upon, being laid down from actual surveys. Of each of 
 these Rivers and of the Coast I shall speak separately. 
 
 " All the Rivers which arise amidst the Northern Ridges fall into St. Lawrence 
 River, the Heads of these Two Sets of Waters interlock with each other, and in the 
 travelling this Country in its natural Wilderness State, which is conducted by means 
 of and along these Waters, very short Portages over Land form the communication." 
 
 •' Between this high mountainous Tract and the Ocean, both in its northern and in 
 its eastern Range, there is a Piedmont of irregularly broken hilly Land. Of that in 
 the eastern Parts of New England, especially East of Penobsceag, I can say nothing 
 with accuracy, and will therefore say nothing at all. I have struck out of my Map 
 most of the Hills which I found drawn in the Surveys whence I had the Rivers 
 copied, as I suspected they were laid down too much ad libitum. I will not in these 
 parts vouch for even those which remain, except within the line of my Scouting Par- 
 ties from Penobscot to Kenebeiig, and on the back of the settlements of the Counties 
 of York and Cumberland." 
 
 "The River Pasam-Aqiukla, or Possam-Accàda, which runs into a Bay so called, is 
 the supposed eastern Boundary of New England; to the East of this begins Aquàda or 
 Nova Scotia; an incertain River St. Croix is the nominal Boundary. But as the 
 French, according to their mode of taking possession, always fixed a cross in every 
 
 Page 20- 
 
296 
 
 .appendix. River they came to, almost every River on this Coast of Sagadahoc has in its turn 
 
 No - 40 - been deemed by them La Riviere de St. Croix. Under Equivocation of this general 
 
 Extracts fromPow- Appellative they have amused our Negotiators on every occasion. 
 
 c'*i" n5ipX''if " The source of Pasam-Aquâda River is formed by a succession of Lakes and 
 
 Swamps running East 42 Miles; it then takes the form of a River and runs East North 
 
 Page 20 
 
 raw ai 
 
 East eight Miles and an half; then South and by East 12 Miles, then makes a Bend 
 of about 10 Miles Course, running round by South, till it returns to the same Paral- 
 lel at the distance of five miles and an half East ; it turns then to the South, and 
 here are the great Falls where Marine Navigation ends; hence it runs South East six 
 miles, and then South and by East six more to its mouth." 
 
 " From the North East Point of Madombédeàg the Shore trends North East and 
 by North, about 15 miles to Pasaôumkeiig (or Pumpking) Point, which forms the 
 West Point of the Mouth of Penôbskeag River, as Peguoit or Cape Razier does the 
 Eastern. The River at this entrance is about point blank shot over." 
 
 " For Nine Miles above the Falls the River puts on the Appearance of a Lake Two 
 Miles wide, lying North and South, and being full of Islands: The old Penûbsket 
 Indian Town stood at the bottom of this, at the Head of the Falls. Here, and below 
 on the western Banks of the River, were old worn-out clear Fields, extending four or 
 five Miles. Six Miles higher up North, where Passadâmkeag River comes in from 
 the East, is Passadâmkeag Indian Town, to which scite the Penubskeags were removed. 
 About Two Miles and an half above this one meets another fork of two Branches, one 
 comes South East about 11 miles from Sebaeg Pond, the main one from the North 
 two Miles. East North East, six miles higher is Ma-âda-ouamkeag Indian Town, the 
 River comes to this place South East about 16 Miles from some ponds whence it takes 
 its Source." 
 
 Page22 " As the River Kennebaeg has been now rendered famous as a pass, by a March of 
 
 some spirit and enterprize made by the Americans, following its course, across the 
 land to St. Lawrence or Canada River, I shall here give a more particular and detailed 
 description of it than I should otherwise have entered into. 
 
 " This River, in the year 1754 and 1755, was talked of as a Roule by which an 
 Army might pass, the best and shortest way to attack Canada and Quebec. The route 
 was supposed to be by an Indian path and carrying-place, which going off" from Kene- 
 baeg about eight or ten miles above Noridgewacg, in a North West course of six or 
 seven Miles, came to a pond which issued into the River Chaudière. Some such in- 
 formation had been given to government; it was of the utmost importance that Go- 
 vernment should not be misled. In the year 1756, I had an opportunity of inquiring 
 into this matter by scrutinizing a Journal given to me, and signed by Captain Hobbs 
 and Lieutenant Kennedy, and by examining the journalists themselves as to the au- 
 thority of the particulars. I found enough to be convinced that this supposed pass 
 was mere conjecture, taken upon trust of Bartholemon an Indian, who was found to 
 be false and a spy, and was in 1755 shot by our own people as he was attempting to 
 desert. Government therefore was early cautioned against this misinformation. When 
 I was Governor of the Province of Massachusetts' Bay, I had this route particularly 
 investigated, by Ensign Howard a Country Surveyor, under the direction of Captain 
 Nicholls who commanded at Fort Frederick. Instead of a short pass of some eight or 
 ten miles of easy Portage, this Indian path turned out to be a route, on a line as the 
 bird flies, of near 50 miles over land, impracticable to an Army that hath a train of 
 Artillery and heavy baggage. It appeared however that (although a difficult and very 
 laborious route) it was practicable to any body of Men who should go light armed, as 
 a scouting party, either to reconnoitre or to break up settlements. The sort of march 
 
Page 
 
 297 
 
 which Arnold and his people experienced, has confirmed this account, given 17 or IS Appendix. 
 
 years ago. After taking possession of the Penobskaëg Country, I had all the eastern 
 
 branches of this river traced to their Sources, and the Communications between them Extracts rromPow 
 
 .. n , , ... , . . 4 . null's Topograph! 
 
 and the waters ot irenobskaeg scrutinized by constant scouting parties. A general .-a «rii n oi 
 
 Map which I had plotted down from these routes and journals, together with Surveys 
 of the Rivers, is the authority to this Map in these parts. 
 
 "This River Kenebaëg to begin from its principal Branch, may lie described as 
 rising on the Height of the Land in North Latitude 45° 20', and in east Longitude, 
 from Philadelphia, 5° 10' or thereabouts; its source is from a little pond, and the first 
 courses of its Birth a succession of Ponds or drowned Lands, Swamps, and Falls. Its 
 first general course is 30 miles South East, it then makes a great Bow whose string 
 (lying East and by South and West and by North) is 12 miles. It then runs North- 
 easterly nine miles and an half, and then tumbling over Falls North East 10 miles, 
 joins the North Branch. The North Branch is said (I speak not here from the same 
 degree of authority) to arise in and issue from a little pond about 16 miles North of 
 this Crotch, from whence (it is likewise said) there is a carrying-place of 13 or 14 
 miles to an eastern Branch of the Chaudière River. This was represented to me as 
 the shortest route to Canada, but I do not find in my journals that I have set this down 
 as confirmed or sufficiently authenticated." 
 
 "There is a communication between Penobsceiig and Kcnebek Rivers, with very rage sh. 
 short portages from Fort Pownall to Fort Hallifax, by a succession of Ponds and by 
 Sebastooeoog River. There is a like communication of a still shorter course between 
 the Branches of these Rivers at their Heads. There is likewise a very easy commu- 
 nication between the East Branches of Penobsceiig and the Sources of Passamaquada 
 Rivers 
 
 " At the Back of York Township is a very high Peak called Agamanticoos, from 
 hence the Ridges of the Hills of these parts range North East under various local 
 Names. 
 
 "The Ranges in York and Cumberland Counties trend to the Northward of North 
 East, those in the County of Lincoln, East of Kenebaëg next the Coast do so likewise, 
 but within land they trend more and more to the East of North East. All the Heads 
 of Kenebaëg, Penobskaëg, and Passam-aquâda River are on the Height of the 
 Land running East North East." 
 
 " ' The South Mountain is not in Ridges like the Endless Mountains, but in small, rage 27, 
 • broken, steep, stony Hills ; nor does it run with so much regularity. In some places 
 ' it gradually degenerates to nothing, not to appear again for some miles, and in others 
 •spreads several miles in breadth.' It runs in more regular Ridges through Vir- 
 ginia under .the name of the Blue Ridge Pignut and South Mountain; after it has 
 passed the Maryland, it spreads in more regular Hills, the North Ridges of which 
 trending North for about 13 miles approach nearto the Kittatinny Ridge; but resuming 
 again the main course the Hills of this Mountain range along between Yellow Breeches 
 and Conawegy Creeks to the River Susquehanna opposite to the mouth of Swalaro 
 creek, and continue North East, under the names of the Flying and Oley Hills, 
 through Pennsylvania to the Delaware: Its Southern Ridge runs off East North East 
 by Hanover to Susquehanna, where Pequa Creek falls into it, and thence to Trenton. 
 In New Jersey, the Northern Hills narrow and rise again into the form of a Riclge, 
 and it is called Mescapetcung; and in New York the Highlands." 
 
 " ' We know from observation how much higher the Atlantic Ocean is than the rage au 
 ' Pacific, and how it is piled up against the American Coast on the, western shore of 
 ' the gulf of Mexico, driven thither by the Trade Winds and attraction of the Moon 
 ' and Sun.' 
 
 75* 
 
APPENDIX, No. XL1. 
 
 EXTRACTS 
 
 McKENZIE'S GENERAL HISTORY OF THE FUR TRADE 
 
 CANADA TO THE NORTH-WEST. 
 
 From the first volume of his Voyages through the Continent of North America, in the years 1789 and 1793, 
 
 Losnoir, 1802. 
 
 appendix. 
 
 No. 41. m 
 
 Extrada from Mc- 
 
 o/thei^r Trade? " The place where the goods alone are carried, is called a Décharge, and that where 
 1st Eitract, p. 40. goods and canoes are both transported overland, is denominated a Portage.''' 
 
 2.i Extract, p. 23. " It will not be superfluous in this place to explain the general mode of carrying on 
 
 the fur trade 
 
 We shall now proceed to consider the number of men employed 
 
 m the concern; viz. fifty clerks, seventy-one interpreters and clerks, one thousand 
 one hundred and twenty canoe men, and thirty-live guides. Of these, five clerks, 
 eighteen guides, and three hundred and fifty canoe men were employed for the sum- 
 mer season, in going from Montreal to the Grand Portage in canoes 
 
 5.35 The necessary number of canoes being purchased, 
 
 they are then dispatched from La Chine, eight miles from Montreal, with eight or 
 
 ten men in each canoe 
 
 Leaving La Chine, they proceed to St. Ann's, within two miles of the Western ex- 
 tremity of the Island of Montreal, the lake of the two mountains being in sight, which 
 may be termed the commencement of the Utawas River." 
 
 3d Enract, p. 42 " From whence, including the rapids of Matawoen, where there is no 
 
 carrying place, it is about thirty-six miles to the forks of the same name, in latitude 
 I6i North, and longitude 783 West, and is at the computed distance of four hundred 
 miles from Montreal. At this place the Petite Riviere falls into the Utawas. . . . 
 The Petite Riviere takes a South- West direction, is lull of rapids and cataracts to its 
 source, and is not more than fifteen leagues in length, in the course of which are the 
 following interruptions :" 
 
 ith Eitract, p. 43. " The last in this River is the Turtle Portage, eighty-three paces, on entering the lake 
 of that name, where indeed the River may be said to take its source. From the first 
 vase to the great river the country has the appearance of having been overrun by fire, 
 and consists in general of huge, rocky hills. The distance of this Portage, which is 
 the height of land between the waters of the St. Lawrence and the Utawas, is one 
 thousand five hundred and thirteen paces to a small canal, in a plain, that is just suffi- 
 cient to carry the loaded canoe, about one mile to the next vase, which is seven hurt- 
 
299 
 
 dred and twenty-five paces. It would he twice this distance, but the narrow creek is ,1ppc»<li.i . 
 dammed in the beaver fashion to float the canoes to this barrier, through which they '"■ 
 
 pass, when the river is just sufficient to bear them through a swamp of two miles to Extracts fromMc 
 the last vase, of one thousand and twenty-four paces in length. Though the river isofiheFm i i'.,,i.' 
 increased in this part, some care is necessary to avoid rocks anil stumps of trees. In «h Eitract, p. a 
 bout six miles is the lake Nepislngui, which is computed to be twelve leagues long, 
 though the route of the canoe is something more; it is about fifteen miles wide in the 
 widest part, and bounded with rocks. Its inhabitants consist of the remainder of a nu- 
 merous converted tribe called Nepisinguis of the Algonguin nation. Out of it flows 
 the Riviere des François over rocks of a considerable height. " 
 
 " The distance to Lake Huron is estimated at twenty-five leagues, 5th Extract, p. 45. 
 
 which this river enters in the latitude 45. 5:3 North; that is at the point of land three or 
 four miles within the lake. There is hardly a foot of soil to be seen from one end of 
 the French River to the other, its banks consisting of hills of entire rock. The coast 
 of the lake is the same, but lower, backed at some distance by high lands. The course 
 runs through numerous islands to the North of West, to the river Tessalon, computed 
 to be about fifty leagues from the French river, and which I found to be in latitude 
 
 46. 12. 21 North, and from thence the route changes to 
 
 the south of West ten leagues to the Detour From the p 4: 
 
 Detour to the Island of Michilimakinac, at the confluence of the Lakes Huron and 
 Michigan, in latitude 45. 54 North, is about forty miles. To keep the direct course to 
 Lake Superior, the north shore from the river Tessalon should be followed; crossing 
 to the North-West end of St. Joseph, and passing between it and the adjacent islands, 
 which makes a distance of fifty miles to the fall of St. Mary, at the fool of which, upon 
 the South shore, there is a village, formerly a place of great resort for the inhabitants 
 of Lake Superior, and consequently of considerable trade. • 
 
 This being therefore the depot for transports,, the Montreal p 4 " 
 
 canoes on their arrival were forwarded over Lake Superior 
 
 At length they all arrive at the Grand Portage, which is one hundred anil sixty leagues 
 from St. Mary's coast ways, and situated on a pleasant Hay on the North side of the 
 
 lake, in latitude 48 North, and longitude 90 West from Greenwich 
 
 This lake may be denominated the grand reservoir of the River p . 5.... 
 
 St. Lawrence, as no considerable rivers discharge themselves into it. The principal 
 ones are, the St. Louis, the Nipigon, the Pic, and the Michipicoten. Indeed the ex- 
 tent of country from which any of them flow, or take their course in any direction, 
 cannot admit of it, in consequence of the ridge of land that s L parates them from the 
 rivers that empty themselves into lludson's-Bay, the gulph of Mexico, and the waters 
 that fall in Lake Michigan, which afterwards become a part of the St, Lawrence.'' 
 
 " I shall now leave these geographical notices to give some furfher account of the GUl Exlracl > p- 5"> 
 people from Montreal. — When they are arrived at the Grand Portage which is near 
 nine miles over, each of them has to carry eight packages of such goods and provisions 
 as are necessary for the interior country 
 
 The trade from the Grand Portage is in some particulars carried p- v 
 
 on in a different manner with that from Montreal. The canoes used in the latter trans- 
 port, are now too large for the former, and some of about half the size are procured 
 from the natives 
 
 In these canoes thus loaded, they embark at the north side of 
 
 the Portage, on the river Au Tourt, which is very inconsiderable 
 
 Over against this is a very high, rocky ridge, on the south 
 
 side, called Marten Portage, which is but twenty paces long, and separated from the 
 
300 
 
 appendix. Pèche Portage, which is four hundred and eighty paces, by a mud-pond covered with 
 
 No - 41 - white lilies. From hence the course is on the lake of the same name, West-South- 
 
 Eximcis from Mc West, three miles to the height of land where the waters of the Dove, or Pigeon 
 
 Kenzie's History . . - . _ , ^ _ 
 
 ..I the Fur Trade. Kiver terminate, and which is one ot the sources oî the threat St. Lawrence in 
 6tti Extract, p. as. this direction. Having carried the canoe and lading over it, six hundred and seventy- 
 nine paces, they embark on the Lake of Hauteur de Terre, which is in the shape of an 
 horse-shoe. It is entered near the curve, and left at the extremity of the western limb, 
 through a very shallow channel, where the canoe passes half loaded, for thirty paces 
 with the current, which conducts these waters through the succeeding lakes and rivers, 
 till they discharge themselves by the River Nelson into Hudson's Bay." 
 
 jth Extract, p. 76. a Lake Winipic is the great reservoir of several large rivers, and 
 
 discharges itself by the River Nelson into Hudson's Bay. The first in rotation next 
 to that I have just described is the Assiniboin, or Red River, which at the distance ot 
 forty miles coastwise, disembogues on the South-West side of the Lake Winipic." 
 
 "■ m - " The next River of magnitude is the River Dauphin, which 
 
 empties itself at. the head of St. Martin's Bay on the West side of the Lake Winipic." 
 
 '■ 81 " " There is no other considerable River except the Saskatchiwine, 
 
 which I shall mention presently, that empties itself into the Lake Winipic. 
 
 <* Those on the North side are inconsiderable, owing to the comparative vicinity of 
 the high land, that separates the waters coming this way, from those discharging into 
 Hudson's Bay." 
 
 " The interruptions in this distance are frequent, but depend much 
 
 Stl] Extract, p. 93. . „,, „ . . ,. ., . , „ 
 
 on the state ot the waters. Having passed them, it is necessary to cross the Portage 
 de Traite, or, as it is called by the Indians, Athiquisipichigan Ouinigam, or the Por- 
 tage of the Stretched Frog-skin, to the Missinipi. The waters already described dis- 
 charge themselves into Lake Winipic, and augment those of the river Nelson. These 
 which we are now entering, are called the Missinipi, or Great Churchill River." 
 
 *h Extract, p.104 
 
 u The River La Loche which in the fall of the year is very shal- 
 low, and navigated with difficulty even by half-laden canoes; its water is not sufficient 
 to form strong rapids, though from its rocky bottom the canoes are frequently in con- 
 siderable danger. Including its meanders the course of this river may be computed 
 at twenty-four miles, and receives its first waters from the Lake of the same name, 
 which is about twenty miles long and six wide; into which a small river flows, suffi- 
 cient to bear loaded canoes for about a mile and a half, where the navigation ceases; 
 and the canoes with the lading are carried over the Portage la Loche for thirteen miles. 
 This portage is the ridge that divides the waters which discharge themselves into 
 Hudson's Bay from those that flow into the Northern Ocean, and is in the latitude 
 of 56. 20, and longitude 109. 15 West. It runs South-west until it loses its local 
 height between the Saskatchiwine and Elk rivers; close on the bank of the former, in. 
 latitude 53. 36 North, and longitude 113. 45 West, it may be traced in an Easterly 
 direction toward latitude 5S. 12 North, and longitude 103è West, when it appears to 
 take its course due North, and may probably reach the Frozen Seas." 
 
APPENDIX, No. XLIL 
 
 EXTRACTS 
 
 TRAVELS AND ADVENTURES, 
 
 CANADA AND THE INDIAN TERRITORIES, 
 
 BtTWtES 
 
 THE YEARS 1760 AND 1776.— BY ALEXANDER HENRY, Esq..— NEW YORK, 1809. 
 
 appendix. 
 
 No. 42. 
 
 Extracts fromHen- 
 ry's Travels in Ca- 
 nada. 
 
 " Here, the river called by the French Petite Rivière, and by 
 
 the Indians Matavva Sipi, falls into the Outaouais. We now left the latter of these 
 rivers, and proceeded to ascend the Matavva." 
 
 •' Our course in ascending the Outaouais had been West-North-West; but on entering 
 the Matavva, our faces were turned to the South- West. This latter river is computed 
 to be fourteen leagues in length. In the widest parts it is a hundred yards broad, 
 and in others not more than fifty. In ascending it there are fourteen carrying- 
 places and discharges, of which some are extremely difficult. Its banks are almost 
 two continuous rocks, with scarcely earth enough for the burial of a dead body. I 
 saw Indian graves, if graves they might be called, where the corpse was laid upon the 
 bare rock, and covered with stones. In the side of a hill on the north side of the 
 river there is a curious cave, concerning which marvellous tales are told by the 
 voyageurs. Mosquitoes, and a minute species of black fly, abound on this river, the 
 latter of which are still more troublesome than the former. To obtain a respite from 
 their vexations, we were obliged at the carrying places to make fires, and stand in 
 the smoke. 
 
 " On the 26th of August, we reached the Portages à la Vase, three in number, and 
 each two miles in length. Their name describes the boggy ground of which they 
 consist. In passing one of them we saw many beaver-houses and dams; and by break- 
 ing one of the dams, we let off water enough to float our canoes down a small stream, 
 which would not otherwise have been navigable. These carrying places and the in- 
 termediate navigation, brought us at length to the head of a small river which falls 
 into Lake Nipisingue. We had now passed the country of which the streams fall 
 North-eastward, into the Outaouais, and entered that from which they flow in a con- 
 trary direction towards Lake Huron. On one side of the height of land, which is 
 the reciprocal boundary of these regions, we had left Lake aux Tourtres, and the 
 River Matavva; and before us on the other was Lake Nipisingue." 
 
 ''Pending this enterprise, I had still pursued the Indian trade; and on its failure I 
 applied myself to that employment with more assiduity than ever, and resolved on 
 visiting the countries to the north-west of lake Superior." 
 
 rage 27 
 
 Page 38. 
 
 Page 2UG. 
 
802 
 
 Appendix. " In the evening we encamped at the mouth of the Pijitic, a river as large as that of 
 
 No. 42. Michipicoten, and which in like manner takes its rise in the high lands lying between 
 
 Extracts fromHen- Lake Superior and Hudson's Bay. From Michipicoten to the Pijitic, the coast of 
 
 n y nda rravds '" Ca " the Lake is mountainous; the mountains are covered with pine, and the valleys with 
 
 rage 23". spruce-fir. 
 
 " It was by the River Pijitic,* that the French ascended in 1750, when they plun- 
 dered one of the factories in Hudson's Bay, and carried off the two small pieces of 
 brass cannon which fell again into the hands of the English at Michilimackinac." 
 
 Page 240. 
 
 " Next day at the Portage aux Outardes we left the Groseilles, and carrying our ca- 
 noes and merchandise for three miles over a mountain, came at length to a small lake. 
 This was the beginning of a chain of lakes, extending for fifteen leagues, and separated 
 by carrying places of from half a mile to three miles in length. At the end of this chain 
 we reached the heads of small streams which flow to the north-westward. The re- 
 gion of the lakes is called the Hauteur de Terre, or Land's Height. It is an elevated 
 tract of country, not inclining in any direction, and diversified on its surface with 
 small hills. The wood is abundant; but consists principally in birch, pine, spruce-fir 
 and a small quantity of maple." 
 
 " • According to Carver, it was by the Michipicoten. If he is correct, it must have been from Moose 
 Fort, in James's Bay, and not from Fort Churchill, that they took the cannon." 
 

 APPENDIX, No. XLII1. 
 
 EXTRACTS 
 
 BOUCHETTE'S TOPOGRAPHICAL DESCRIPTION 
 
 OF 
 
 THE PROVINCE OF LOWER CANADA, 
 
 REMARKS UPON CANADA, AND THE RELATIVE CONNECTION OF BOTH PROVINCES 
 WITH THE UNITED STATES OF AMERICA.— LONDON, 1815. 
 
 " At the time this Country fell under the English Government, the feudal system uni- Appendix, 
 versally prevailed in the tenure of lands, and which, as before mentioned, still con- No - 43 - 
 tinues with respect to such as were then granted; but the townships and tracts dispo- Extracts from Bon. 
 sed of by the British Administration have been granted in free and common soccage, jiS DeTcnpuin 
 only two or three instances to the contrary being known. ° an ^; 
 
 " By the ancient custom of Canada, lands were held immediately from the King en 
 fief, or en roture^ on condition of rendering fealty and homage on accession to the 
 seignorial property; and in the event of a transfer thereof, by sale or otherwise, except 
 in hereditary succession, it was subject to the payment of a quint, or the fifth part of 
 the whole purchase money, and which, if paid by the purchaser immediately, entitled 
 him to the rabat, or a reduction of two-thirds of the quint. This custom still pre- 
 vails." 
 
 " Beyond this range, at about fifty miles distance, is the ridge, generally denomi- Page 35. 
 ted the Land's Height, dividing the waters that fall into the St. Lawrence from those 
 taking a direction towards the Atlantic Ocean, and along whose summit is supposed to 
 run the boundary line between the territories of Great Britain and the United States 
 of America. This chain commences upon the Eastern branch of the Connecticut river, 
 takes a north-easterly course, and terminates near Cape Rosier, in the Gulf of St. Law- 
 rence." 
 
 "On the north side of the ridge just described lies the remaining part of Lower Page 2?. 
 Canada yet unnoticed, and which ie contained within the Ottawa river, the SI degree 
 of west longitude, and the 52 parallel of north latitude, intersected laterally by another 
 and higher range of mountains that forms the Land's Height, and divides the waters 
 that empty into the St. Lawrence from those that descend into Hudson's Bay." 
 
 "The river St. Lawrence (which, from its first discovery in 1535, has been called p as eK. 
 by the inhabitants of the Country, to mark its pre-eminence, the Great River,) re- 
 
of Canada. 
 Pace 32, 
 
 304 
 
 Appendix, ceives nearly all the rivers that have their sources in the extensive range of mountains 
 
 No ' 43 - to the northwards, called the Land's Height, that separates the waters falling into Hud- 
 
 ExtracisfmmBou. son's Bay still further to the north, from those that descend into the Atlantic, and all 
 
 pS'D^ri?ao a n" those that rise in the ridge which commences on its southern bank, and runs nearly 
 
 south-westerly until it falls upon Lake Champlain. Of these, the principal ones are 
 
 the Ottawa, Masquinonge, Saint Maurice, Saint Anne, Jacques Cartier, Saguenay, 
 
 Betsiamites, and Manicouagan on the north; and the Salmon river, Chateaugay, 
 
 Chambly or Richelieu, Yamaska, St. Francis, Becancour, Du Chêne, Chaudière, and 
 
 du Loup on the South." 
 
 Page 33 a T n t h e distant range of mountains that form the Land's Height beyond its northern 
 
 and western shores, several considerable rivers, and numerous small ones, have their 
 rise, which being increased in their course by many small lakes, finally discharge 
 themselves into Lake Superior." 
 
 Page 36. "At the western angle of Lake Huron is Lake Michigan, which, although distin- 
 
 guished by a separate name, can only be considered as a .part of the former, deepening 
 into a Bay of two hundred and sixty-two miles in length, by fifty-five in breadth, and 
 whose entire circumference is 731 miles. Between it and Lake Huron there is a pen- 
 insula that, at the widest part, is one hundred and fifty miles, along which, and round 
 the bottom of Michigan, runs part of the chain forming the Land's Height to the south- 
 ward; from whence descend many large and numerous inferior streams that discharge 
 into it. On the north side of Lake Huron many rivers of considerable size run from 
 the Land's Height down to it. One of them, called French river, communicates with 
 Lake Nipissing, from whence a succession of smaller ones, connected by short por- 
 tages, opens an intercourse with the Ottawa river that joins the St. Lawrence near 
 Montreal." 
 
 rage 535. 
 
 "Riviere Du Loup (the Seigniory of,) in the county of Cornwallis, fronts the St. 
 Lawrence, joining Granville and Lachenaye on the south-west, and the seigniory of Isle 
 Verte on the north-east: in the rear it is bounded by waste crown lands. It has near- 
 ly five leagues in breadth by two in depth; granted April 5th, 1089, to the Sieurs 
 Villerai and Lachenaye: Alexander Fraser, Esq. is the proprietor. The general ap- 
 pearance of this seigniory is uneven and mountainous, but it contains some extensive 
 patches of good arable and very fine meadow land; these are divided into several ranges 
 of concessions; bearing the names of St. André Riviere du Loup, St. Patrick Ri- 
 viere du Loup, Frascrville, Nouvelle Ecosse, St. George, or Oacona, St. Anthony, St. 
 Andrew, and St. Jacques: the first, a great part of the second, and a little of the third, 
 are in a very good state of cultivation and well inhabited. The whole seigniory is 
 abundantly timbered with beech, maple, birch, and large quantities of pine. It is wa- 
 tered by several streams, but the principal one is Riviere du Loup, which rises in the 
 High Lands, and flows in nearly a northerly course into the St. Lawrence; on both 
 sides of it the banks are high, until approaching within about three-quarters of a mile 
 of its discharge, where they become low and flat: vessels of twenty-five tons may as- 
 cend it as high as the bridge, a little more than half a mile from its mouth. Fraser 
 Lodge, the residence of the owner of the Seigniory, is situated on the north side of 
 the entrance of the river." 
 
 Pagesei. "From the Connecticut River, the height of land on which the boundary is suppo- 
 
 sed to pass runs to the north-east, and divides the waters that fall into the Saint Law- 
 rence from those flowing into the Alantic; and which height, after running some dis- 
 
i Canada 
 
 305 
 
 tance upon that course, sends oft" a branch to the eastward, that separates the heads of appendix. 
 the streams faîling; into Lake Timiscouata and river St John, and by thai channel in- N " ''■'• 
 to the Bay of Fundy, from those that descend in a more direct course to the Atlantic. Extract rrmnRmi 
 The main ridge, continuing its north-easterly direction, is intersected by an imagina- ph?cai Drw'^ptiu! 
 rv line, prolonged in a course astronomically due north, from the head of the river St. 
 Croix, and which ridge is supposed to ne the boundary between Lower Canada and 
 the United States; at least such appears to be the way in which the Treaty of 1783 is 
 construed by the American Government; but which ought, more fairly, to be under- 
 stood as follows, viz: That the astronomical line running north from the St. Croix 
 should extend only to the first or easterly ridge, and thence run westerly, along the 
 crest of the said ridge, to the Connecticut; thereby equitably dividing the waters (low- 
 ing into the St. Lawrence from those that empty into the Atlantic within the limits of 
 the United States, and those that have their estuaries within the British province of 
 New Brunswick. It is important, and must always have been had in contemplation, 
 that an uninterrupted communication and connection should exist between all his Ma- 
 jesty's North American possessions; but by the manner in which the treaty is insisted 
 upon by the opposite party, a space of more than eighty-five miles would he placed 
 within the American limits, and by which the British provinces would be completely 
 severed; it would also produce the inconvenience of having the mail from England to 
 Quebec carried over that distance of American Territory; and which may either be 
 deemed a matter of indulgence, or complained of as an encroachment, according to the 
 temper of the times. Within this tract also is the Madawaska Settlement, consisting 
 of nearly 200 families, all holding their grants from the British Government. Eng- 
 land, at all times high minded and generous, never shrinks from the strict fulfilment 
 of her engagements; even though from oversight, or want of political acuteness in the 
 persons employed, they may have been framed in a way prejudicial to her true inter- 
 ests. But at the same time she has a right to require that the interpretation of them 
 should not be overstrained or twisted from their obvious meaning and intent by a 
 grasping cupidity after a few miles of territory: which if acquired could be but of lit- 
 tle available advantage to the other party. To her, however, this tract is of more 
 value, as securing a free access to all the British provinces, without being obliged to 
 the forbearance of any neighboring State for that enjoyment. If, in the final fulfilment 
 of the fourth and fifth articles of the Treaty of IS 15, it should be awarded that the claim 
 of the American Government to have the boundary pass along the north-easterly ridge 
 of land is just, and ought to be acceded to, it is very desirable, and even important to 
 his Majesty's Colonies, that one of the instructions to the British Negotiator should 
 be, to obtain the cession of this tract of Country, either by exchange or other equiva- 
 lent means, in order that the communication from Nova Scotia and New Brunswick 
 with Lower Canada may be henceforth secured from the chance of interruption." 
 
 " Foucault (the Seigniory of) in the County of Bedford, is bounded on the north by ra „ e ,. 
 the Seigniory of Noyan, on the south by the State of Vermont, on the cast by Mis- 
 sisqui Bay, and on the west by the Richelieu; it was granted, May 1st, 1713, to Siaur 
 Foucault; two leagues in front by two and a half in depth, and is now possessed bv 
 General Burton. The line of boundary between Lower Canada and the United States 
 runs through this Seigniory, whereby a great part of it is placed within the State 
 of Vermont." 
 
 " DIVISIONS OF LOWER CANADA. 
 
 "The Province of Lower Canada is divided into th^ Districts of Montreal, Three Pagosn 
 Rivers, Quebec, and Gaspé, which, by proclamation of the Government, dated May 7, 
 77' 
 
c lieue' s Top. 
 .il Descri 
 Canada. 
 
 Tagc £6 
 
 306 
 
 appendix. 1792, were subdivided into the following twenty-one Counties, viz: Bedford, Buck- 
 Nu - 4; '- ingham, Cornwallis, Devon, Dorchester, Effingham, Gaspé, Hampshire, Hertford, 
 Extracts frnmBou Huntingdon, Kent, Leinster, Montreal, St. Maurice, Northumberland, Orleans, Que- 
 ued DescriJS ^ Warwick, and York. The minor divisions are, 1st. The Seign- 
 iories, or the original grants of the French Government under the feudal system; these 
 are again partitioned out into parishes, whose extents were exactly defined by a regu- 
 lation made in September, 1721, by Messrs. De Vaudreuil and Bigon, assisted by the 
 Bishop of Quebec, and confirmed by an 'Arret du Conseil Supérieur,' of the 3d of 
 May, 1722." 
 
 "THE DISTRICT OF THREE RIVERS 
 
 Page 285. " Lies between those of Montreal and Quebec, is bounded on the south by part of thg 
 
 line of 45 degrees of north latitude, and the ridge of mountains stretching to the north- 
 east; northward its limit is indefinite; or it ma)' be presumed to have only the pro- 
 vince boundary for its limit in that direction." 
 
 "THE DISTRICT OF QUEBEC 
 
 P.lç* 374. 
 
 " Extends from the Seigniory of Grondines, whose western boundary joins the Dis- 
 trict of Three Rivers, down the St. Lawrence on the north side as far as the River St. 
 John, on the Coast of Labrador; and on the south side from the Seigniory of Deschail- 
 lons as far down as Cape Chat, where it is met by the District of Gaspé; to the south- 
 ward it is bounded by the ridge of mountains already designated as the north-easterly 
 chain, and on the northward by the 52d degree of north latitude. It contains the 
 Counties of Cornwallis, Devon, Hertford, Dorchester, Hampshire, Quebec, Orleans, 
 and Northumberland; eighty-seven Seigniories, fourteen whole Townships, four that 
 are partly within the District of Three Rivers, eighteen projected Townships, and for- 
 ty-two parishes. The quantity of land granted injiefet seigneurie amounts to 4,352,- 
 500 acres, or 5,109,319 French arpents: in free and common soccage, 561,234 acres. 
 Of the old tenures, one third part, or perhaps a little less, is under cultivation: in the 
 Townships the proportion under tillage is yet but small." 
 
 i-uge 396. " Desmaure, or St. Augustin (the Seigniory of,) in the County of Hants, front- 
 
 ing the St. Lawrence, is bounded on the north-east by Gaudarville; on the south-west 
 by Pointeaux Trembles, and in the rear by Guillaume Bonhomme and Faussenbault. 
 No official record has been found relative to this grant; consequently its original date 
 and precise dimensions are not known. Les Dames Religieuses of the General Hos- 
 pital of Quebec, to whom the property belongs, in performing fealty and homage on 
 the 19th March, 17S1, produced as their title an act of adjudication, dated September 
 22, 1733; but which was still indecisive of its dimensions, no notice whatever being 
 taken of the extent." 
 
307 
 
 APPENDIX. 
 
 Jlppendiûç. 
 
 No. 43. 
 
 Extracts fromBou 
 chette's Topogra 
 phical Description- 
 
 of Canada. 
 
 Extrait des Titres de Concessions de Terres octroyées en Fiefs dans la Province 
 
 du Bas-Canada. 
 
 Ance De L'Etang. 
 
 Antaya. 
 
 Argenteuil. 
 
 AlTBERT GalLION. 
 
 Baie St. Antoine ou Lefebvre. 
 Batiscan. 
 
 VlLLECHAUVE OU BeAUHARNOIS. 
 
 Beauport. 
 
 Beaujeu ou Lacolle. 
 
 Beaumont. 
 
 Augmentation de Beaumont. 
 
 Becancour. 
 
 Belair ou Les Ecureuils. 
 
 Augmentation des Ecureuils. 
 
 Belœil. 
 
 Augmentation a Belœil. 
 
 Bellevue. 
 
 Berthier. 
 
 Berthier. 
 
 Derrière Antaya, Randih, Berthier 
 et Chicot. Augmentation De Ber- 
 thier. 
 
 Le Bic. 
 
 Bleurf. 
 
 BoNAVANTURE. 
 
 Guillaume Bonhomme. 
 
 Bonsecours. 
 
 Bonsecours. 
 
 Bonsecours. 
 
 Bourchemin. 
 
 Boucherville. 
 
 BoiIRGLOUIS. 
 
 Bourg Marie, de L'est. 
 
 Bourg Marie de L'Ouest. 
 
 Cap De La Magdelaine. 
 
 Cap St. Michel ou La Trinité. 
 
 Carufel. 
 
 Champlain. 
 
 Augmentation de Champlain. 
 
 Chamblt. 
 
 Chateaugav. 
 
 Chicot. 
 
 Cloridon. 
 
 Contrecœur. 
 Cote de Beaupré. 
 
 CoURNOYER. 
 CoURNOYER. 
 COURVAL. 
 
 Derrière La Concession du Sieur 
 
 .Neveu au Sud-Ouest. 
 Partie est de Dautre. 
 Partie Ouest de Dautre. 
 D'Auteuil. 
 Deguir. 
 De Lery. 
 De L'Isle. 
 
 Derrière Dautre et Lanauraie. 
 Derrière La Concession du Sieur 
 
 Neveu, Au Nord-est. 
 Desmaure ou St. Augustin. 
 De Peiras. 
 De Ramzay. 
 Des Chambault. 
 
 Parue Nord-est De Desplaines. 
 Partie Sud-Ouest De Desplaines. 
 Du Montier. 
 Du Sable. 
 Dutort. 
 
 Les Eboulemens. 
 Belair ou Les Ecureuixs. 
 Augmentation des Ecureuils. 
 L'Epinaf. 
 Fausembault. 
 Foucault. 
 Fournier. 
 Gaspe. 
 Gatineau. 
 
 Augmentation a Gatineau. 
 Gaudarville. 
 Gentilly. 
 
 GoDEFROI. 
 
 Le Gouffre. 
 Grand Pabos. 
 Grandpre. 
 Grande Riviere, 
 Grandville. 
 
308 
 
 appendix. Grandville et Lachenaie. 
 Grande Vallée des Monts. 
 
 Extracts fromBou- PARTIE OxjEST DES GroNDINES. 
 « tiette's Topogra- r\ t\ r* 
 
 phica Description * ARTIE EST Ues (jRONDINES. 
 of Canada. . _^ 
 
 Augmentation a la Partie est de 
 Grondines. 
 
 Guillaudiere. 
 
 Hubert. 
 
 Islet St. Jean. 
 
 Islet Du Portage. 
 
 Isle Verte. 
 
 Isle Perrot, Audessus de Mon- 
 treal. 
 
 Isle Bizard, Audessus Montreal. 
 
 Isle St. Paul, audessus de Mon- 
 treal. 
 
 Isle de Montreal. 
 
 Isle Jesus. 
 
 Isle Bouchard vis-a-vis Boucher- 
 ville. 
 Isle St. Thérèse, au Bout d'enbas 
 
 de l'isle de Montreal. 
 Isle Bourdon. 
 Isles Beauregard. 
 Isles et Islets dans le lac St. 
 Pierre. 
 
 Isle Moran, a l'embouchure de la 
 
 Riviere Nicolet. 
 Isle Du Large. 
 Isle D'Orléans. 
 Isle aux Reaux. 
 Isle Ste. Marguerite. 
 Isle aux Coudres. 
 Isle D'Anticosti. 
 Isles et Islets de Ming an. 
 Jacques Cartier. 
 Jolliet. 
 Kamouraska. 
 Labadie. 
 
 Lac des deux Montagnes. 
 Autre Augmentation au Lac des 
 
 deux Montagnes. 
 La Chenaye. 
 Chevrotiere. 
 Lac Matapediach. 
 Lac Mitis. 
 
 La Durantaie. 
 
 Augmentation de la Durantaie. 
 
 La Fresnav. 
 
 La Martiniere. 
 
 Lanaudiere. 
 
 La Noraye. 
 
 La Prairie de la Magdelaine. 
 
 La Salle. 
 
 La Tesserie. 
 
 La Valtrie. 
 
 Augmentation a Lavaltrie. 
 
 Lauzon. 
 
 Lessard. 
 
 Lessard. 
 
 Levrard ou St. Pierre Les Bec- 
 quets. 
 
 Livaudiere. 
 
 Baronie de Longueil. 
 
 Lotbiniere, Premiere Partie. 
 
 Lotbiniere, Seconde Partie. 
 
 Lotbiniere, Troisième Partie. 
 
 Lotbiniere, Quatrième Partie, or 
 Augmentation. 
 
 Louis Gagnier, Dit Belleavance. 
 
 Louis Le Page et Gabriel Ti- 
 bierge. 
 
 Augmentation a La Concession 
 Précédente. 
 
 Lussaudiere. 
 
 Lusson. 
 
 Grosbois ou Machiche. 
 Magdelaine. 
 
 Fief Maranda, Partie Nord-est. 
 Fief Maranda Partie Sud-Ouest. 
 Partie Nord-est De Masquinonge. 
 Partie Sud-Ouest De Masquinonge. 
 Matane. 
 Mille-Isles. 
 
 Augmentation des Mille-Isles. 
 Mille Vaches. 
 Terra Firma de Mingan. 
 Monnoir. 
 
 Augmentation a Monnoir. 
 Mont-A-Peine. 
 
 Augmentation De Mont-A-Peine. 
 Montarville. 
 Mount Murray. 
 Murray-Bay or Malbay. 
 Neuville ou La Pointe Aux Trem- 
 bles. 
 Derrière Dautre et la Noraye. 
 
 NlCOLET. 
 
 L'Isle De La Fourche, et Aug- 
 mentation a Nicolet. 
 Notre Dame Des Anges. 
 Nouvelle Longueil. 
 Noyan. 
 
 D'Orsainville. 
 Pachot. 
 Paspebiac. 
 Perthuis. 
 Petite Nation. 
 
 PlERREVILLE. 
 
 Tonnancour ou Pointe Du Lac. 
 Port Daniel. 
 
309 
 
 Barronie de Portneuf. 
 
 Derrière la Concession Du Sieur 
 
 Neveu, au Nord-Est. 
 Randin. 
 
 Augmentation De Randin. 
 Heaume. 
 Rigaud. 
 
 RlMOUSKY. 
 
 Riviere Du Loup, avec Augmenta- 
 tion. 
 
 Riviere Du Loup et L'Isle Verte. 
 
 Riviere du Sud, avec Les Isles 
 Aux Grues et Aux Oies. 
 
 La Riviere Ouelle. 
 
 Augmentation de La Riviere 
 Ouelle. 
 
 Roquetaillade. 
 
 Rouville. 
 
 Sabrevois. 
 
 Sainte Anne. 
 
 Augmentation de Ste. Anne. 
 
 Autre Augmentation de Ste. 
 Anne. 
 
 Troisième Augmentation De Ste. 
 Anne. 
 
 Ste. Anne. 
 
 Ste. Anne ou La Pocadiere. 
 
 Tilly ou St. Antoine. 
 
 St. Armand. 
 
 St. Barnabe. 
 
 St. Blain. 
 
 St. Charles. 
 
 St. Charles. 
 
 Ste. Claire. 
 
 Ste. Croix. 
 
 St. Denis. 
 
 St. Denis. 
 
 St. Etienne. 
 
 St. François. 
 
 St. Gabriel. 
 
 St. Hyacinthe. 
 
 Fief St. Ignace. 
 
 Fief St. Jean. 
 
 Augmentation de Fief St. Jean. 
 
 St. Jean Deschaillons. 
 
 Augmentation de St. Jean Des- 
 chaillons. 
 
 St. Jean Port Joli. 
 
 St. Joseph. 
 
 St. Joseph ou L'Epinay. 
 
 Ste. Marguerite. 
 
 Ste. Marie. 
 
 Sainte Marie. 
 
 Saint Maurice. 
 
 St. Gervais ajoute aux Seigneu- 
 ries de St. Michel et de Livau- 
 diere. 
 
 St. Ours. 
 
 St. Paul. 
 
 St. Roc. 
 
 Saint Sulpice. 
 
 Sault St. Louis» 
 
 Shoolbred. 
 
 Sillery. 
 
 Sokel. 
 
 Derrière Sorel. 
 
 Soulange. 
 
 Terrebois ou Deverbois. 
 
 Terrebonne. 
 
 Augmentation de Terrebonne. 
 
 Autre Augmentation de Terre- 
 bonne. 
 
 Tremblay et Varennes. 
 
 Trois Pistoles. 
 
 Partie des Trois Pistoles. 
 
 Trois-Rivieres. 
 
 Vaudreuil. 
 
 Vaudreuil. 
 
 Vercheres avec Augmentation. 
 
 Vieupont. 
 
 vllleray ou dartigny. 
 
 VlNCELOT. 
 
 Augmentation de Vincelot. 
 
 VlNCENNES. 
 
 Yamaska. 
 
 Appendix. 
 
 No. 43. 
 
 Extracts from n<>u 
 chette's Topncru- 
 pimai Description 
 ni Canada. 
 
 78'- 
 
310 
 
 appendix. 
 
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APPENDIX, No. XLIV. 
 
 EXTRACT 
 
 FBOtt 
 
 THE JOURNAL OF THE GENERAL ASSEMBLY OF NEW YORK, 
 
 CONTAIKISO 
 
 THE REPORT OF THE CANAL COMMISSIONERS ON THE CHAMPLAIN CANAL. 
 
 State of New York, 
 In Assembly, March 19, 1817. 
 
 A communication from the board of Canal Commissioners, being their report on the Appendix 
 Northern or Champlain Canal, was read, and is in the words following, to wit : The No ' 4 ' 
 advantages which will result from the connection of Lake Erie with the navigable Report of the n«w 
 
 O I'll i lorK'tiniilLoin* 
 
 waters of the Hudson, by means of a Canal, have been so frequently elucidated, and are mtmioners. 
 indeed so obvious to every one who possesses a correct geographical knowledge of 
 the West, that it has been deemed unnecessary to enumerate them. But presuming 
 that the benefits to be derived from a similar communication with Lake Champlain, 
 are not fully understood, or duly appreciated, the Commissioners ask the indulgence 
 of briefly pointing out a few of the most prominent of these benefits. That part of 
 this State which is contiguous to Lakes George and Champlain abounds in wood, tim- 
 ber, masts, spars, and lumber of all kinds, which, transported by the Northern Canal, 
 would find a profitable sale along the Hudson, and in the City of New York, instead of 
 being driven, as much of those articles have heretofore been, to a precarious market, 
 by a long and hazardous navigation to Quebec. Some idea may be formed of the 
 immense quantity of lumber which would be conveyed on the contemplated Canal, 
 from the following statement, made on the best authority, and which embraces only 
 that small section of the Northern part of this State from whence the transportation 
 is carried on to the City of New York, or to intermediate markets. Within that tract 
 of country, embracing the borders of Lake George and the timber land north and west 
 of the great falls in Luzerne, there are annually made, and transported to the South, two 
 millions of boards and planks : one million feet of square timber, consisting of oak 
 white and yellow pine, besides dock logs, scantling, and other timber, to a great amount. 
 A considerable portion of the northern part of this State is rough and mountainous, 
 and in a great measure unfit for agricultural improvements. These broken tracts are 
 covered with native forests, which, by the contemplated Canal, would furnish vast sup- 
 plies of wood and lumber for many years ; and thus the great and increasing popula- 
 tion which occupies the margin of the Hudson, would be supplied with boards, plank, 
 timber, fencing materials, and even fuel, with less expense than from any other 
 quarter : while at the same time the lands to the north, considerable tracts of which 
 belong to the people of this State, would be greatly increased in value. The moun- 
 tains in the vicinity of Lakes George and Champlain, produce a variety of minerals, 
 among which are found, in inexhaustible quantities, the richest of iron ores. Several 
 
316 
 
 Appendix, forges are in operation in the Counties of Washington, Warren, Essex, and Clinton, 
 No- 44, the number of which may be indefinitely increased : and the iron which they produce 
 Report or the New is very little, if at all, inferior in quality to the best iron manufactured in the United 
 »," ,' , ,,!„''," J L "'"' States : nor can it be doubted that, after the completion of the contemplated Canals, 
 the middle and western parts of this State would be furnished with this necessary 
 article on more advantageous terms than it can at present be procured. The inhabi- 
 tants of a huge tract of country on both sides of Lake Champlain, embracing a 
 considerable portion of the State of Vermont, would find, by the Northern Canal, a 
 permanent market in the City of New York, or at intermediate places, for their pot 
 and pearl ashes, and also for all their surplus agricultural productions; from whence 
 they would also be cheaply supplied with all the necessary articles of foreign growth. 
 The iron of the northern part of this State, which at present isunwrought in the mine, 
 and the fine marble of Vermont, which now lies useless in the quarry, would be con- 
 verted into useful and ornamental purposes in the west, in exchange for salt and gyp- 
 sum ; and thus the large sums which are annually sent abroad, for the purchase of iron, 
 of salt, and of gypsum, would be retained among our citizens, and added to the per- 
 manent wealth of this State. In short, the connection of Lake Champlain with the Hud- 
 son, by means of a Canal, would greatly enhance the value of the northern lands : it 
 would save vast sums in the price of transportation : it would open new and increas- 
 ing sources of wealth : it would divert from the Province of Lower Canada, and turn 
 to the South, the profits of the trade of Lake Champlain ; and by imparting activity 
 and enterprise to agiicultural, commercial, and mechanical pursuits, it would add to 
 our industry and resources, and thereby augment the substantial wealth and prosperity 
 of the State. The examination and levels for this Canal have been made under the 
 direction of the Commissioners, by Col. Lewis Garin, and the line for the same has 
 been marked out upon the maps herewith presented. There are two places of de- 
 parture from the Hudson, in order to connect that river with Lake Champlain, each 
 of which affords a very favourable route, in point of soil to be excavated, and of mate- 
 rials, for the artificial works; one of these routes, by commencing at the mouth of Fort 
 Edward Creek, and pursuing the valley of that creek to the summit level, and then fol- 
 lowing the ravine of Wood Creek, will reach Whitehall in the distance of twenty-two 
 miles. This route was formerly deemed most eligible by a board of Commissioners 
 composed of General Schuyler and others. It is, however, supposed by the engineer 
 that the other route may be preferable, which commences about six miles further down 
 the river, near the mouth of Moses' Kill, and which, by the natural channel of this Kill 
 and of Dead Creek, joined to a short length of artificial canal, forms the summit level, 
 from whence it proceeds partly by the natural channel of Wood Creek, and partly by 
 artificial cuts, which greatly shorten the distance, to Whitehall. The length of this 
 route is twenty-eight miles, and it passes over a soil which is, in general, remarkably 
 favourable, consisting principally of vegetable mould, loam and clay; at the northern 
 termination of the Canal a few yards of lime stone excavation will be necessary : this 
 however is not deemed an unfavourable circumstance, as the Stone arc of such a quality 
 as will be useful in the construction of locks; and it may be remarked that the materials 
 for the construction of the locks, between Lake Champlain and the Hudson, can be 
 procured with little difficulty. Between the Hudson and Lake Champlain, nine locks 
 will be necessary, viz. three at the Hudson, of 7,779 feet lift, each, by which the sum- 
 mit level will be attained, and by a deep cutting, the greatest depth of which will bo 
 12,465 feet, and the length of which is about two miles, the summit level will be ex- 
 tended fifteen miles ; and will terminate about one mile south of Fort Ann. At this 
 place two locks will be necessary, of 6,217 feet lift each. Between this point and 
 Whitehall, two locks, the first of S.223 feet lift, and the next of 9,313 fdat lift, are to 
 be made. At Whitehall the Canal is to be connected with Lake Champlain by two locks, 
 
317 
 
 of S, 550 feet lift each. About fifteen miles of this route will need no excavation, as JJppendia. 
 
 the Canal for that distance will occupy the natural channels of Muses' Kill, Dead 
 
 Creek, and Wood Creek. In order to turn as much as possible the superfluous waters 11. ■ n ,.i the \. « 
 
 of freshets, and to insure at all times a sufficiency of water on the summit level, it is 1 
 
 proposed to erecta dam across Half-way Brook, of eighteen feet in height, half a mile 
 above the mouth of said brook, and by a natural ravine, leading to the south, to direct 
 so much of the water of said brook to the summit level, and from thence, by several 
 waste-weirs, into the Hudson, as may be necessary for he convenience of the Canal. 
 The water in the Canal is not to be less than thirty foet wide at the surface, twenty 
 feet at the bottom, and three feet deep, and the locks to be seventy-five feet long, and 
 ten feet wide in the clear. By the mode of calculation heretofore adopted by tin- 
 Commissioners, the whole expense between Lake Champlain and the Hudson at the 
 mouth of Moses' Kill, will not exceed two hundred and fifty thousand dollars. Fr-om 
 the mouth of Moses' Kill it is proposed to improve the channel of the Hudson, for the 
 purposes of navigation, as far south as the Village of Stillwater, at the head of Stillwater 
 Falls. This may be effected in the following manner By erecting a dam three feet 
 in height across the Hudson, at the head of Fort Miller Falls, the river above, as far as 
 Fort Edward would at all times afford a sufficiency of water for boats drawing three 
 feet. To overcome the descent of Fort Miller Falls, a side cut or artificial Canal, of 
 aboutonemilein length, and with two locks, of 10,321 feet lift each, will be necessary. 
 These works, including the dam, locks, excavation, towing path, and all other expenses, 
 may be estimated at fifty thousand dollars. Two and a half miles below the south 
 end of this Canal, at the head of Saratoga Falls, a dam three feet in height is to be 
 made across the river, and a side cut round the falls, similar to the above, of about one 
 mile in length, with two locks of 6, HIS feet lift each. It is believed that all the arti- 
 ficial works at this place may be constructed for thirty-live thousand dollars. Thirteen 
 miles below this place, at the head of Stillwater Falls, another dam of three feet in 
 height will in like manner insure agood boat navigation up to the Saratoga Falls. 
 The cost of this dam, the construction of a towing path, with several bridges, the pur- 
 chase of Schuyler's Mill, which it is supposed will be necessary, together with all the 
 other expenses of this section, are estimated at fifty thousand dollars. From the 
 village of Stillwater, at a point above the dam last mentioned, it is proposed to cut an 
 artificial Canal to the village of Waterfoul, where it is to be connected with the Hud- 
 son. This Canal will be supplied with water from the river at its upper end. Its 
 length will be nearly twelve miles, and the whole descent is 76,404 feet ; which will 
 require eight locks. The excavation of this Canal, for some distance near the upper 
 end, will be considerably expensive, as it passes through a slate rock; the middle and 
 lower parts, however, are very favourable. The expenses, from Stillwater to Water- 
 ford, may be estimated as follows : 
 
 7G feet lockage, at Sl,000 per foot ----- g76,000 
 
 12 miles of Excavation and Towing path, with bridges, culverts, and other 
 necessary works, at an average of S30,000 per mile - 360,000 
 
 Recujjil ulation of Expenses. 
 From Whitehall to the Hudson ----- ;50,000 
 
 Dam, side cut, and other works at Fort Miller Falls - - 50,000 
 
 Ditto at Saratoga Falls ------ 3.5,000 
 
 To Stillwater, including dam, &c. - - - - - 50,000 
 
 From Stillwater to Waterford, including lockage - - - 436,000 
 
 Add for contingencies, Engineers, and Superintendence - - 50,000 
 
 Total Ss 7 1,000 
 Whether the Canal from Lake Champlain enters the Hudson at Fort Edward Creek, 
 or at Moses' Kill, is not very material in the estimate of expense : and the Commis- 
 80* 
 
318 
 
 Appendix, siôners wish to be explicitly understood, that they consider this question as still open, 
 No. 44. anc j as one w hi cn w iH require mature deliberation. It is ascertained that both routes 
 Re P „r~f~e New are equally practicable. The termination of the Northern Canal in the Hudson, at 
 ■M'.'-'m'n","! 1 C ° m " Waterford, will afford the cities of Albany and Troy, and the villages of Lansingburgli 
 and Waterford, a full participation of its benefits ; and its approximation to the great 
 Western Canal will open the most beneficial channels of communication between 
 every great section of the country, and furnish every facility for promoting the activity, 
 and enlarging the sphere, of inland trade, which constitutes one of the principal ele- 
 ments of national opulence, prosperity, and greatness. And before the lapse of half 
 a century, those who succeed us will witness, in the consolidation of those cities and 
 villages into one great city, a union of interests and sympathies which will totally dis- 
 sipate the apprehensions and jealousies that may now exist. 
 All which is respectfully submitted. 
 
 DE WITT CLINTON. 
 S. VAN RENSSELAER. 
 MYRON HOLLEY. 
 SAMUEL YOUNG. 
 Albany, 18th March, 1817. 
 
 State of New York, 
 Secretary's Office. 
 I certify the preceding to be a true extract from the Journal of the Assembly of" 
 this State, of the year 1817, deposited in this office. 
 
 In testimony whereof, I have hereunto affixed the Seal of this Office, at 
 [l. s.] the City of Albany, the 4th day of October, 1828. 
 
 ARCHIBALD CAMPBELL, 
 
 Deputy Secretary. 
 
 By Nathaniel Pitcher, Lieutenant Governor of the State of Netv York, acting as 
 
 Governor of the said Stale: 
 It is hereby certified, that the preceding attestation is in due form, and by the proper 
 officer. 
 
 In testimony whereof, I have hereunto affixed the Great Seal of this State, 
 [t. s.] at the City of Albany, the 4th day of October, 1S28. 
 
 NATHANIEL PITCHER. 
 
APPENDIX, No. XLV. 
 
 estimate: 
 
 OF THE 
 
 HEIGHT OF THE WHITE HILLS, IN NEW HAMPSHIRE, 
 
 BY N. BOWDITCH: 
 
 FROM THE MEMOIRS OF THE AMERICAN ACADEMY OF ARTS AND SCIENCES. 
 
 Memoirs of the .American Academy of Arts and Sciences, Vol. III. Part II. — 
 Cambridge, printed by Billiard & Metcalf, 1815. 
 
 ESTIMATE OF THE HEIGHT OF THE WHITE HILLS, IN NEW HAMPSHIRE, BY 
 
 NATHANIEL BOWDITCH. 
 
 The White Hills in New Hampshire, which are the highest mountains in New Appendix. 
 England, have been estimated by Dr. Belknap, in his History of New Hampshire, to 
 
 No. 45. 
 
 be above 10,000 feet above the level of the sea: but from some barometrical observa- Emact from tiie 
 
 . 1 . . Memoirs of Uie A- 
 
 tions. made in Julv, 1S04, by several gentlemen who ascended the mountains, it merican Academy 
 
 ■" J ° ii-ii of Arib & Sciences. 
 
 appears that his computation is by far too great, and that the real height does not 
 much exceed 7000 feet. This will evidently appear by comparing the observations 
 given in the following table. Those on the top of Mount Washington, the highest 
 of the White Hills, were made by Doctor Cutler and Professor Peck: those at Mr. 
 Messervey's, in the town of Adams, (not far from the foot of the mountain,) were- 
 made by a person who observed the state of the barometer and thermometer, at in- 
 tervals of thirty minutes, the whole day the company were on the mountain. The 
 observations at Salem were made by Dr. Holyoke; and those at Boston, by the late 
 Rev. Mr. Emerson. All these observations were made in the shade. The barometer 
 varied hut very little on the sea coast for several days before and after the 2Sth of 
 July. The range from the 25th to the 30th of July, at Salem, was from 30 00 to 30. 1 1 ; 
 and at Boston, from 2'». 9 to 30.1. The smallness of these variations is, in general,, 
 conducive to the accuracy of the result of the calculation by barometrical observations. 
 
320 
 
 Appendix. 
 
 No. 45. 
 
 MR. BOWDITCH'S ESTIMATE OF THE HEIGHT OF WHITE HILLS. 
 
 Extract from the 
 Memoirs of the A- 
 merican Academy 
 
 of Aitw&Sciences. 
 
 PLACE OF OBSERVATION. 
 
 At the summit of Mount Washington, 
 At Messervey's, in Adams, 
 
 At Salem, Dr. Holyoke, 
 
 At Boston, by Rev. Mr. Emerson, 
 
 d. 
 
 July 28, 
 July 27, 
 July 28, 
 
 July 27, 
 
 July 28, 
 
 h. 
 1 t 
 
 7 a 
 
 6 t 
 
 7 
 
 7 
 
 8 
 
 8 
 
 
 
 9 
 10 
 10 
 11 
 11 
 noon. 
 
 
 
 1 
 
 1 
 
 2 
 
 2 
 
 3 
 
 3 
 
 4 
 
 4 
 
 5 
 
 5 
 
 6 
 
 6 
 
 7 
 
 8 
 
 2 
 
 7 
 10 
 
 8 
 
 2 
 
 7 
 
 10 
 
 July 27, 
 
 July 28, 
 
 a. 
 P- 
 
 P- 
 P- 
 a. 
 
 P- 
 P- 
 
 P- 
 8 a. 
 2 p. 
 
 7 
 10 
 S 
 2 
 7 
 10 
 
 3 
 m. 
 30 
 
 30 
 
 
 30 
 
 
 30 
 
 
 30 
 
 
 30 
 
 30 
 
 
 30 
 
 
 30 
 
 
 30 
 
 
 30 
 
 
 30 
 
 
 30 
 
 
 m. 
 m. 
 m. 
 m. 
 m. 
 m. 
 m. 
 m. 
 m. 
 m. 
 m. 
 m. 
 m. 
 m. 
 m. 
 m. 
 
 BAROMETER. 
 
 23.39 
 28.99 
 29.04 
 .07 
 .07 
 .07 
 .08 
 .OS 
 
 .11 
 .11 
 .11 
 .11 
 
 .13 
 .13 
 .13 
 .13 
 .13 
 .13 
 .13 
 .13 
 .12 
 .12 
 .12 
 .12 
 .13 
 .13 
 .13 
 .13 
 30.02 
 
 30.09 
 30.12 
 
 30.11 
 30. 00 
 .00 
 .00 
 .00 
 .10 
 .10 
 .10 
 .10 
 
 THERMOME* 
 TER. 
 
 54 
 
 62 
 
 57 
 
 60 
 
 65 
 
 68 
 
 70 
 
 74 
 
 76 
 
 75 
 
 79 
 
 79 
 
 80 
 
 82 
 
 82 
 
 82 
 
 83 
 
 86 
 
 8ft 
 
 87 
 
 77 
 
 75 
 
 76 
 
 77 
 
 79 
 
 81 
 
 75 
 
 72 
 
 68 
 
 82 
 
 72 
 
 65. 
 
 74 
 
 82 
 
 73 
 
 69 
 
 66 
 
 78 
 
 74 
 
 68 
 
 69 
 
 78 
 
 76 
 
 73 
 
 The mean of the twenty-six observations made at Adams, on the 2Sth of July, gives 
 barometer 29.11 inches, thermometer 76.3. The mean of Dr. Holyokc's observations 
 in the same day is, barometer 30.115 inches, thermometer 76.3. The observations of 
 Mr. Emerson, who was probably situated a little higher above the level of the sea than 
 Dr. Holyoke, did not differ sensibly from these. Computing from these observations 
 the elevation of Adams above Salem, (by the rule given in Dr. Maskelyne's Intro- 
 duction to Taylor's Logarithms,) it becomes 9S0 feet. The observation of July 27, 
 calculated in the same way, gave 965 feet. As there were twenty-six observations on 
 the 28th of July, and but one on the 27th July, the mean of all will be nearly 979 
 
321 
 
 feet. To this add 34 feet, the height of Dr. Holyoke's barometer above the level of Appendix. 
 the sea, the sum 1,013 feet is the elevation of Mr. Messervey's house in Adams above No - * 5, 
 the level of the sea. Dr. Belknap estimates this height to be nearly 3000 feet, which v,„ r ^Ti~ m , he 
 is about three times its real value. M ireoftiieA- 
 
 merican A ndi mj 
 
 By comparing the observations made at the top of Mount Washington, viz: haro- °' Ar ' 3&i; ' cicncc -- 
 meter 23.39 inches, and thermometer 54 degrees, with the mean of the observations 
 at Adams, at the same time— barometer 29.13, thermometer 8 1.8 — the result is 6,119 
 feet, for the difference of elevation of these two places. To this add 1,013 feet the 
 height of Adams above the level of the sea, and we have the height of Mount Wash- 
 ington above the level 7,162 feet. This estimate may also be made by comparing the 
 observations at Mount Washington with those made at Salem, at the same time viz: 
 barometer 30.115 inches, and thermometer S2 degrees, which enve 7,021 feet; to 
 which add 34 feet, (the elevation of Dr. Holyoke's barometer,) and we have 7 055 
 feet for the height of the mountain. The mean of this and the former estimate is 
 7,108 feet; which may be assumed as the elevation of the summit of Mount Wash- 
 ington above the level of the sea. 
 
 8V 
 
APPENDIX, No. XLVI. 
 
 EXTRACTS 
 
 Ghent Commis- 
 sioners 
 
 THE PROTOCOLS AND CORRESPONDENCE 
 
 THE GHENT COMMISSIONERS.— 1814 
 
 Extracts from Protocol of Conference between the American and British, 
 Co?nmissioners at Ghent, dated August 8, 1814. 
 
 ^appendix. " The British Commissioners stated the following subjects, as those upon which, it 
 No. 46. appeared to them, that the discussions between themselves and the American Commis- 
 Eitracts from the sioners would be likely to turn." 
 
 r/^Sr/ncê^nhë " A revision of the boundary line between the British and American territories, 
 with a view to prevent future uncertainty and dispute." 
 
 " The American Commissioners at this meeting stated, that, upon the first and third 
 points proposed by the British Commissioners, they were provided with instructions 
 from their Government; and that the second and fourth of these points were not pro- 
 vided for in their instructions." 
 
 Extract of a Note from the British to the American Commissioners, dated at 
 
 Ghent, August 8, 1814. 
 
 V As the undersigned are desirous of stating every point, in connection with the 
 subject, which may reasonably influence the decision of the American Plenipotentia- 
 ries in the exercise of their discretion, they avail themselves of this opportunity to 
 repeat, what they have already stated, that Great Britain desires the revision of the 
 frontier between her North American dominions and those of the United States, not 
 with any view to an acquisition of territory as such, but for the purpose of securing her 
 possessions, and preventing future disputes. 
 
 '' The British Government consider the Lakes, from Lake Ontario to Lake Supe- 
 perior, both inclusive, to be the natural military frontier of the British possessions in 
 North America. As the weaker power, on the North American Continent, the least 
 capable of acting offensively, and the most exposed to sudden invasion. Great Britain 
 considers the military occupation of these Lakes as necessary to the security of her domi- 
 nions. A boundary line equally dividing these waters, with a right in each nation to 
 arm, both upon the Lakes and upon their shores, is calculated to create a contest for 
 naval ascendency in peace as well as in war. 
 
 "The power which occupies these Lakes should, as a necessary result, have the milita- 
 ry occupation of both shores. In furtherance of this object, the British Government is 
 
323 
 
 prepared to propose a boundary. But as this might be misconstrued as an intention Appendix. 
 
 to extend their possessions to the southward of the Lakes, (which is by no means the °^ ' 
 
 object they have in view,) they are disposed to leave the territorial limits undisturbed; Bxin.riH from tim 
 
 and, as incident to them, the free commercial navigation of the Lakes: Provided, that rea icnccoi tbo 
 
 (;iicnt Comml' 
 the American Government will stipulate not to maintain or construct any fortifica- sioncis. 
 
 tions upon, or within a limited distance of, the shores, or maintain or construct any 
 armed vessel upon the Lakes in question, or in the rivers which empty themselves 
 into fche sames. 
 
 " If this can be adjusted, there will then remain for discussion the arrangement of the 
 north-western boundary between Lake Superior and the Mississippi; the free naviga- 
 tion of that river, and such a variation of the line of frontier as may secure a direct 
 communication between Quebec and Halifax." 
 
 Extract of a Note from the American to the British Commissioners, dated at 
 
 Ghent, August 24, 1814. 
 
 " The undersigned further perceive, that under the alleged purpose of opening a 
 direct communication between two of the British Provinces in America, the British 
 Government require a cession of territory, forming a part of one of the States of the 
 American Union, and that they propose, without purpose specifically alleged, to draw 
 the boundary line westward, not from the Lake of the Woods, as it now is, but from 
 Lake Superior. It must be perfectly immaterial to the United States, whether the 
 object of the British Government, in demanding the dismemberment of the United 
 States is to acquire territory, as such, or for purposes less liable, in the eyes of the 
 world, to be ascribed to the desire of aggrandizement. Whatever the motive 
 may be, and with whatever consistency views of conquest may be disclaimed, 
 while demanding for herself, or for the Indians, a cession of territory more extensive 
 that the whole Island of Great Britian, the duty marked out for the Undersigned is 
 the same: They have no authority to cede any part of the territory of the United States; 
 and to no stipulation to that effect will they subscribe." 
 
 Extract of a Note from the British to the American Commissioners, dated at 
 
 Ghent, September 4, 1814. 
 
 -' With respect to the boundary of the District of Maine, and that of the north- 
 western frontier of the United States, the undersigned were not prepared to anticipate 
 the objections contained in the note of the American Plenipotentiaries, ' that they 
 were instructed to treat for the revision of their boundary lines,' with the statement 
 which they have subsequently made, that they have no authority to cede any part, 
 however insignificant, of the territories of the United States, although the proposal 
 left it open to them to demand an equivalent for such cession- either in frontier or 
 otherwise. 
 
 " The American Plenipotentiaries must be aware that the boundary of the District 
 of Maine has never been correctly ascertained; that the one asserted, at present, by 
 the American Government, by which the direct communication between Halifax and 
 Quebec becomes interrupted, was not in contemplation of the British Plenipotentiaries 
 who concluded the treaty of 1783, and that the greater part of the territory in ques- 
 tion is actually unoccupied. 
 
 "The undersigned are persuaded that an arrangement on this point might 
 be- easily made, if entered into with the spirit of conciliation, without any prejudice to 
 the interests of the district in question." 
 
bent Connu i. 
 sioners 
 
 324 
 Appendix. Extract of a Note from the American to the British Commissioners, dated at 
 
 No. 40. 
 
 Ghent, September 9, 1814. 
 
 Extracts from the 
 
 Protocols and Cor- , . , , 
 
 respondence ot the « Willi reeard to the rcssion of a part of the District ol Maine, as to which the 
 
 (.liflll ( Villi 111 Ik. ' 
 
 British Plenipotentiaries are unable to reconcile the objections made by the undersign- 
 ed with their previous declaration, they have the honor to observe, that at the confer- 
 ence of the Sth ult. the British Plenipotentiaries stated, as one of the subjects suitable 
 for discussion, a revision of the boundary line between the British and American 
 territories, with a view to prevent uncertainty and dispute; and that it was on the point, 
 thus stated, that the undersigned declared that they were provided with instructions 
 from their Government, a declaration which did not imply that they were instructed 
 to make any cession of territory, in any quarter, or to agree to a revision of the line, or 
 to any exchange of territory, where no uncertainty or dispute existed. 
 
 The undersigned perceive no uncertainty or matter of doubt in the treaty of 1783, 
 with respect to that part of the boundary of the District of Maine which would be 
 affected by the proposal of Great Britain on that subject. They never have under- 
 stood that the British Plenipotentiaries, who signed that treaty, had contemplated a 
 boundary different from that fixed by the treaty, and which requires nothing more, 
 in order to be definitely ascertained, than to be surveyed in conformity with its provi- 
 sions. This subject not having been a matter of uncertainty or dispute, the under- 
 signed are not instructed upon it; and they can have no authority to cede any part of the 
 State of Massachusetts, even for what the British Government might consider a fair 
 equivalent." 
 
 Extract of a Note from the British to the American Commissioners, dated at 
 
 Ghent, September 19, 1S14. 
 
 ■' With respect to the boundary of the District of Maine, the undesigned observe, 
 with regret, that although the American Plenipotentiaries have acknowledged them- 
 selves to be instructed to discuss a revision of the boundary line, with a view to 
 prevent uncertainty and dispute; yet, by assuming an exclusive right at once to de- 
 cide what is or is not a subject of uncertainty and dispute, they have rendered then- 
 powers nugatory, or inadmissibly partial in their operation." 
 
 Extract of a Note from the American to the British Commissioners, dated at 
 
 Ghent, September 26, 1S14. 
 
 " The undersigned are far from assuming the exclusive right to decide what is, or 
 is not, a subject of uncertainty and dispute, with regard to the boundary of the Dis- 
 trict of Maine. But until the British Plenipotentiaries shall have shewn in what 
 respect the part of that boundary, which would be affected by their proposal, is such a 
 subject, the undersigned may be permited to assert that it is not. 
 
 " The treaty of 17S3 described the boundary as ' a line to be drawn along the mid- 
 dle of the river St. Croix, from its mouth, in the Bay of Fundy, to its source, and 
 from its source directly north to the 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 to the north-westernmost head of Connecticut river.' Doubts 
 having arisen as to the St. Croix, designated in the treaty of 17S3, a provision was 
 'nade by that of 1794, for ascertaining it; and it may be fairly inferred from the limi- 
 
325 
 
 tation of the article to that sole object, that, even in the judgment of Great Britain, Appendix. 
 no other subject of controversy existed in relation to the extension of the boundary N(v 4<l ' 
 line from the source of that river. That river and its source having been accordingly Extraeu from un- 
 ascertained, the undersigned arc prepared to propose the appointment of Commission- r''*™vl**"'\'t!",. 
 ers by the two Governments to extend the line to the highlands, conformably to thesioncr». 
 treaty of 17S3. The proposal, however, of the British Plenipotentiaries was not to 
 ascertain, but to vary those lines in such manner as to secure a direct communica- 
 tion between Quebec and Halifax; an alteration which could not be effected without a 
 cession, by the United States to Great Bi-itain, of all that portion of the State of Mas- 
 sachusetts intervening between the Province of New Brunswick and Quebec, although, 
 unquestionably, included within the boundary lines fixed by that treaty. Whether it 
 was contemplated, on the part of Great Britain, to obtain the cession with or without 
 an equivalent in frontier, or otherwise, the undersigned, in stating that they were not 
 instructed or authorized to treat on the subject of cession, have not declined to discuss 
 any matter of uncertainty or dispute, which the British Plenipotentiaries may point 
 out to exist, respecting the boundaries in that, or in any other quarter; and are, there- 
 fore, not liable to the imputation of having rendered their powers on the subject nu- 
 gatory, orinadmissibly partial in their operation." 
 
 Extract of a Note from the British to the American Commissioners, dated 
 
 Ghent, October 8, 1814. 
 " The British Government never required that all that portion of the State of Mas- 
 sachusetts intervening between the Province of New Brunswick and Quebec, should 
 be ceded to Great Britain; but only that small portion of unsettled country which 
 interrupts the communication between Quebec and Halifax, there being much doubt 
 whether it does not already belong to Great Britain." 
 
 Extract of a Note from the British to the American Com7nissioners, dated 
 
 Ghent, October SI, 1S14. 
 
 " On the question of the boundary between the dominions of his Majesty and those 
 of the United States, the undersigned are led to expect, from the discussion which 
 this subject has already undergone, that the north-western boundary, from the Lake 
 of the Woods to the Mississippi, (the intended arrangement of 1803,) will be admitted 
 without objection. 
 
 " In regard to other boundaries, the American Plenipotentiaries, in their note, of 
 August 24, appeared, in some measure, to object to the propositions then made by the 
 undersigned, as not being on the basis of uti possidetis. The undersigned are willing 
 to treat on that basis, subject to such modifications as mutual convenience may be found 
 to require; and they trust that the American Plenipotentiaries will shew by their 
 ready acceptance of this basis, that they duly appreciate the moderation of his Majes- 
 ty's Government, in so far consulting the honor and fair pretensions of the United 
 States, as, in the relative situation of the two countries, to authorize such a propo- 
 sition." 
 
 Extract of a Note from the American to the British Commissioners, dated at 
 
 Ghent, October 24, 1814. 
 " The undersigned can now only repeat those declarations, and decline treating upon 
 the basis of uti possidetis, or upon any other principle involving a cession of anv 
 
 S2* 
 
326 
 
 appendix, part of the territory of the United States. As they have uniformly stated, they cart 
 No- 46- treat only upon the principle of a mutual restoration of whatever territory may have 
 Extracts from the been taken by either party. From this principle they cannot recede; and the under- 
 r^wndenwtfuie" signed, after the repeated declarations of the British Plenipotentiaries, that Great Bri- 
 sionêrs. omm * t am j laf J no view to the acquisition of territory in this negotiation, deem it necessary 
 to add, that the utility of its continuance depends on their adherence to this principle." 
 
 Extract from American Note, No. 6, in answer to British Note, No. 6, dated at 
 
 Ghent, November 10, 1S14. 
 
 " In respect to the intended review of the other boundaries between the British' 
 and American territories, with the view to prevent future uncertainty and dispute, 
 the undersigned propose the reference of the whole subject to Commissioners; and 
 they present, accordingly, five articles, drawn on the principles formerly adopted by 
 the two powers for settling the question respecting the river St. Croix." 
 
 The undersigned have had the honour to receive the note and project of a treaty of 
 peace presented by the American Plenipotentiaries on the 10th instant. 
 
 The undersigned are of opinion that the most convenient course for them to adopt 
 will be to return this project with their marginal alterations and suggestions on the 
 several articles of which it is composed. 
 
 GAMBIER, 
 
 HENRY GOULDBURN, 
 
 WILLIAM ADAMS. 
 
 Ghent, Nov. 26, 1814. 
 
 Project of a Treat//, as returned by the British to the American 
 Plenipotentiaries 26th A T ov. 1S14. 
 
 Treaty of Peace and Amity, between his Britannic Majesty, and the United States- 
 of America. 
 
 The following marginal remarks and 
 alterations were made and proposed by 
 the British Plenipotentiaries: 
 
 Note. — It is proposed to omit altogeth- 
 er the words that are underlined. 
 
 Article 2. 
 
 (G) Shall have been exchanged, 
 
 (7) Exchange of the ratifications 
 
 Article 2d. Immediately after the re* 
 spective ratifications of this treaty, (6) or- 
 ders shall be sent to the armies, squadrons, 
 officers, subjects, and citizens, of the two 
 powers, to cease from all hostilities: and to 
 prevent all causes of complaint, which 
 might arise on account of the prizes which 
 may be taken at sea after the (7) signing 
 of this treat}', it is reciprocally agreed, 
 that the vessels and effects which may be 
 taken in the Channel, and in the North 
 
337 
 
 Seas, after the space of from appendix 
 
 (8) The period of the exchange of the (8) that of (he signature hereof, shall be No ' 46 ' 
 
 restored on each side; that the terms shall Extract» from ihe 
 
 ratifications 
 
 (9) The same term of — 
 parts of the Mediterranean: 
 
 Protocole :wid Tor- 
 be irom theChannel and the North resp lenceoftiu 
 
 f i»o 1/1 t i i • i • i Ghent Commis* 
 
 lor all béas to the Canary Islands inclusively, (9) aionere. 
 whether in the Ocean or the Mediter- 
 ranean: of from the said Cana- 
 ry Islands to the equinoctial line or equa- 
 tor, and of in all other parts of 
 
 the world without exception. 
 
 Article 4- Article 4. Whereas, neither that point 
 
 of the Highlands lying due north from the 
 source of the river St. Croix, and designat- 
 ed 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 yet been as- 
 certained; 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 At- 
 lantic Ocean, to the north-westernmost 
 head of Connecticut 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 Calaraguy, 
 has not yet been surveyed: It is agreed 
 
 (1) Two that, for these several purposes three (1) 
 
 Commissioners shall be appointed, sworn, 
 (mutatis mutandis) and authorized to 
 act exactly in the manner directed with 
 respect to those mentioned in the next pre- 
 
 (2) Unless otherwise specified in the ceding article. (2) The said Commissioners 
 present article. shall meet at , and shall have pow- 
 er to adjourn to such other place or places 
 as they shall think fit. The said Commis- 
 sioners, or a majority of them, shall have 
 power to ascertain and determine the 
 points abovementioned, in conformity with 
 the provisions of the said treaty of peace, 
 
 (3) Of 17S3 (3) and shall cause the boundary aforesaid, 
 
 from the source of the river St. Croix to 
 the river Iroquois, or Cataraguy, to be sur- 
 
32S 
 
 lippencli.i . 
 No. 46. 
 
 Extraits frnm lUc 
 Protocols and Cor- 
 respnndenreof the 
 Client Commis» 
 «inner.. 
 
 (4) And in the event of the said two 
 Commissioners differing, or both or either 
 of them refusing, declining, or wilfully 
 omitting to act, such reports, declarations, 
 or statements, shall be made by them, or 
 either of them; and such reference to a 
 friendly .Sovereign or State shall be made, 
 in all respects, as in the latter part of the 
 third article is contained, and in as full a 
 manner as if the same was herein repeated. 
 
 veyed and marked according to the said 
 provisions. 
 
 The said Commissioners, or a majori- 
 ty of them, shall make a map 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 longi- 
 tude of the north-west angle of Nova Sco- 
 tia, of the north-westernmost head of Con- 
 necticut River, and of such other points of 
 the said boundary as they may deem pro- 
 per; and both parties agree to consider 
 such map and declaration as finally and 
 conclusively fixing the said boundary. (4) 
 
 Protocol of a Conference, held the 1st December, 1814, at Ghent. 
 
 At a conference held this day, the American Plenipotentiaries proposed the follow- 
 ing alterations in their project, as amended by the British Plenipotentiaries. 
 
 3. Article 2d. The term to be fifteen days in the Channel, in the North Seas, in a!! 
 parts of the Atlantic Ocean to the equinoctial line or equator, and in all parts of the 
 Mediterranean. Two months in the Atlantic Ocean, to the latitude of the Cape of 
 Good Hope, and three months in all other parts of the world. 
 
 In lieu of this alteration, the British Plenipotentiaries proposed the following, viz: 
 " That all vessels and effects which may be taken after the space of twelve days from 
 the period of the exchange of the said ratifications, upon all parts of the coasts of North 
 America, from the latitude of 23 degrees north, to the latitude of 47 degrees north, and 
 as far eastward in the Atlantic Ocean as the G5th degree of west longitude from the 
 meridian of Greenwich, shall be restored on each side. That the term shall be thirty 
 days in all other parts of the Atlantic Ocean, as far eastward as the entrance of the Bri- 
 tish Channel, and southward as far as the equinoctial line or equator, and the same time 
 for the Gulf of Mexico and all parts of the West Indies. Forty days for the British 
 Channel and the North Seas. The same time for all parts of the Mediterranean, and 
 one hundred and fifty days for all other parts of the world, without exception," which 
 was reserved by the American Plenipotentiaries for consideration. 
 
APPENDIX, No. XLVII. 
 
 EXTRACTS 
 
 GRANTS OF LAND 
 
 THE PROVINCE OF NEW BRUNSWICK. 
 
 GRAMT Appendix. 
 
 No. 47. 
 TO SIMON HEBERT OF A TRACT OP LAND IN THE PARISH OF KENT AND COUNTY _ 
 
 OF YORK. Extract* from 
 
 Grants of land by 
 the province of N. 
 NEW-BRUNSWICK. Brunswick. 
 
 George the Fourth by the grace of God of the United King- ToS ' mml Hebert - 
 Howard Douglas. dom of Great Britain and Ireland King, Defender of the 
 Faith, &c. 
 
 To all to whom these presents shall come, Greeting : 
 
 Know Ye that we of our special grace certain knowledge and mere motion have 
 "-iven and granted and we do by these presents for us our heirs and successors give 
 and grant unto Simon Hebert his heirs and assigns all that lot or tract of land situate 
 in the parish of Kent and county of York in our Province of New Brunswick, and 
 bounded as follows to wit : Beginning at a marked stake on the north-east shore of 
 the River Saint John a few chains distant from the mouth of Madawasca River, thence 
 running by the magnet north forty-five degrees east one hundred and twenty-five 
 chains of four poles each ; thence north forty-five degrees west twenty five chains ; 
 thence south forty-five degrees west ninety chains to a Road reserved (four poles wide) 
 along the eastern shore of Madawaska River; thence bounded by the said Reserved 
 Road and by a reserved Landing as represented on the annexed plan to the shore of 
 the River St. John; thence along the same shore to the place of beginning; containing 
 two hundred and fifty acres more or less with an allowance of ten per cent, for roads. 
 ********* 
 
 Given under the great seal of our Province of New Brunswick. Witness our trusty 
 and well-beloved Sir Howard Douglas Baronet our Lieutenant Governor and Com- 
 mander in Chief of our said Province at Fredericton the sixteenth day of May in the 
 year of our Lord one thousand eight hundred and twenty -five and in the sixth year of 
 
 By command of His Excellency in Council. 
 
 WM. F. ODELL. 
 
 83 s 
 
330 
 
 Appendix. 
 
 No. 47. 
 
 Extracts from 
 ■ Jianls of land by 
 ïhe province of N. 
 Brunsw ick 
 
 ToEdw'dJ.Manu 
 and others. 
 
 GRANT 
 
 TO EDWARD J. MANN AND OTHERS OF THREE TRACTS OF LAND, &c. IN THE 
 PARISH OF ALNWICK AND COUNTY OF NORTHUMBERLAND. 
 
 NEW-BRUNSWICK. 
 
 George the Third by the Grace of God of the United Kingdom of 
 Ed. Winslow. Great Britain and Ireland King, Defender of the faith, &c. 
 
 To all to whom these presents shall come Greeting : Whereas Edward J. Mann 
 Esquire, Jonathan Hoar, and Daniel Babbit, Junior, have manifested their desire to 
 settle on certain Lands hereinafter described, and make proof of their ability to culti- 
 vate and improve the same according to the conditions hereinafter specified as well as 
 of their loyalty to us and attachment to our Government: Know ye therefore that 
 we of our special grace certain knowledge and mere motion have given and granted 
 and we do by these presents for us our Heirs and Successors give and grant unto the 
 said Edward J. Mann, Jonathan Hoar and Daniel Babbit in severalty that is each of 
 them and unto each and every of their several and respective heirs and assigns in and 
 by the several divisions quantities lots pieces and parcels herein after mentioned 
 Three certain Tracts or lots of Land together with an Island containing in the whole 
 one thousand and fifty acres more or less with the usual allowance of ten per cent for 
 Roads and waste, that is to say unto the said Edward J. Mann the first Tract to- 
 gether with the Island herein after described. Unto the said Jonathan Hoar the 
 second Tract. And unto the said Daniel Babbit the third Tract: the said three Tracts 
 situate lying and being on the South Shore of Restigouche River, within the Parish 
 of Alnwick in the County of Northumberland and abutted and bounded as follows, 
 to wit: The first Tract Beginning at a marked Birch tree standing on or near the 
 Southerly Bank or shore of the said River about three miles and twenty chains, 
 measured along the said Shore above or Westerly from Old Church Point. 
 
 The Island included in this Grant is situated in the said Restigouche River in 
 front of the Tract above, described along the said Southerly shore about eight 
 chains therefrom being bounded by the ivalers of the said River and is commonly 
 called Man's Island containing in the whole thereof twenty-seven acres more or 
 
 less. ******* * 
 
 Given under the Great Seal of our Province of New-Brunswick. Witness our 
 trusty and well-beloved Edward Winslow Esquire President of our Council and 
 Commander in Chief of our said Province at Fredericton, the twentieth day of Feb- 
 ruary, in the year of our Lord one thousand eight hundred and eight, and in the forty- 
 eight year of our Reign. 
 
 By command of the President in Council. 
 
 JON'N ODELL. 
 
 Tii John Kfbg, 
 
 GRANT 
 
 TO JOHN KING, OF A TRACT OP LAND LYING AT THE MOUTH OF SALMON RIVER, 
 WHERE THE SAME EMPTIES ITSELF INTO THE RIVER ST. JOHN. 
 
 NEW-BRUNSWICK. 
 
 George the Third, by the Grace of God, of the United Kingdom 
 
 Thomas Satjmarez. of Great Britain and Ireland King, Defender of the Faith, &c. 
 
 To all to whom these presents shall come, Greeting : Know 
 
 Ye that we, of our special grace certain knowledge and mere motion, have given and 
 
331 
 
 «ranted and we do by these presents, for us our Heirs and Successors, give and grant Appendix. 
 unto John King his heirs and assigns a Tract of Land situate lying and /icing at 
 the entrance of Salmon River which discharges into the Hiver Saint John on its Eancu from 
 Easterly side about six miles below the Great Falls, within the County of York, the province oi s 
 
 and abutted and bounded as follows, to wit : 
 
 To John King. 
 
 Given under the Great Seal of our Province of New-Brunswick. 
 Witness our trusty and well-beloved Sir Thomas Saumarez, President and Com- 
 mander in Chief ot our said Province, at Fredericton, the twenty-seventh day of 
 October, in the year of our Lord one thousand eight hundred and thirteen, and in th<- 
 fifty-fourth year of our Reign. 
 
 By command of the President in Council. 
 
 JON'N ODELL. 
 
 GRANT 
 
 TO ALEXANDER STEWART OF A TRACT OF LAND IN THE PARISH OF KENT, AND 
 
 COUNTY OF YORK. 
 
 NEW-BRUNSWICK. 
 
 George the Fourth, by the grace of God, of the United King- To Aiei. Stewart. 
 Ward Chipman. dom of Great Britain and Ireland King, Defender of the 
 Faith, &c. 
 
 To all to whom these presents shall come, Greeting : 
 
 Know Ye that we, of our special grace, certain knowledge, and mere motion, have 
 given and granted, and we do by these presents, for us our heirs and successors, give 
 and grant unto Alexander Stewart his heirs and assigns, all that lot or tract of Land, 
 situate in the Parish of Kent and County of York in our Province of New-Brunswick, 
 and bounded as follows, to wit : Beginning at an Elm tree on the IVest side of the 
 River Saint John, being the tipper boundary of a reserve for the use of the Gar- 
 rison at the Great Falls, and thence rumiing along the northerly line of the said 
 reserve by the magnet west one hundred and ten chains of four poles each ; thence 
 north thirty-four degrees west thirty -seven chains ; thence east to the said river (a 
 marked Spruce tree standing on the bank thereof in the said line) ; and thence along 
 
 the said river to the place of beginning: containing three hundred acres. 
 ********* 
 
 Given under the Great Seal of our Province of New-Brunswick. Witness our 
 trusty and well-beloved Ward Chipman, Esquire, our President and Commander in 
 Chief of our said Province, at Fredericton, the nineteenth day of January, in the 
 year of our Lord one thousand eight hundred and twenty-four, and in the fourth year 
 of our Reign. 
 
 By command of the President in Council. 
 
 WM. F. ODELL. 
 
APPENDIX, No. XL VIII. 
 
 EXTRACTS 
 
 THE ACTS OF THE GENERAL ASSEMBLY 
 
 THE PROVINCE OF NEW BRUNSWICK. 
 
 tftppendix. 
 
 No. 48. ESTABLISHING COUNTIES, PARISHES, AND TOWNS ON THE CANADA LINE, BAYE 
 DES CHALEURS, AND RISTIGOUCHE AND ST. JOHN RJVERS. 
 
 Acts of New 
 Brunswick. 
 
 Boundaries of 
 Counties, Parishes 
 and Towns. 
 
 CAP. I. 
 
 96 Geo. m. o^-n -Act f or the better ascertaining and confirming the boundaries of the several 
 counties within this province, and for subdividing them into Towns or Parishes. 
 26 Geo. III. 17S6. 
 
 Whereas his most gracious Majesty, by his Royal Letters Patent under the great 
 Seal of this Province, bearing date the eighteenth day of May, one thousand seven 
 hundred and eighty-five, was pleased to erect and constitute into one distinct and sepa- 
 rate county, all that tract or district of land, &c. &c. 
 
 .Northumberland. And whereas by like letters patent since passed, another tract or district of land ly- 
 ing within this province, bounded southerly by the county of Westmoreland, easterly 
 by the Gulf of St. Lawrence, and the Baie des Chaleurs, northerly by the said Bay 
 and the Southern Boundary of the Province of Quebec, and westerly by a continu- 
 ation of the Western boundary line of the said county of Westmoreland, was also 
 erected into one distinct and separate county, to be called and known by the name 
 of the county of Northumberland. 
 
 Vork. 
 
 And whereas by like Letters Patent, in like manner since passed, another tract or 
 district of land, lying within this Province on both sides the River St John, bounded 
 on the south-west by Charlotte county, on the northeast by the county of Northum- 
 berland, on the north-west by the Province of Quebec, and on the south-east by the 
 North boundary line of the township of Maugerville, and by the said line continued 
 to the North-east till it meets the western bounds of Northumberland county, and 
 south-west to the Eastern bounds of the county of Charlotte, was also erected into one 
 distinct and separate county, to be called and known bv the name of the County of 
 York. 
 
333 
 
 *•*♦•■»••■•»■••" ^ .appendix. 
 
 .» ■» * * * * •* * * » -a No. 48 
 
 IX. The said county of Northumberland shall be divided into two towns or Pa- Act» of New 
 
 rishes, viz: The first Town or Parish to be called, known and distinguished by the 
 
 r xi r-\ i o o Bnundatles ol 
 
 name Ol jNeW (,aStle,&C. &.C. Counties, Parishes 
 
 ~ *. alltl towns. 
 
 The second Town or Parish to be called, known and distinguished by the name of 
 Alnwick, bounded Southerly by the North line of said Town of New Castle, §-c. fyc. 
 
 York 
 
 CAP. IV. 
 
 An act in addition to an act intituled " an act for the better ascertaining and con- 43, ceo. in 
 firming the boundaries of the several counties within this Province, and for sub- 
 dividing them into Towns and Parishes." Passed 16 f h March, 1803. 
 
 Be it enacted by the Lieut. Governor, Council, and Assembly, That a direct line from N 
 the North-west corner of the county of Westmoreland, until it meets the South-west 
 branch of Miramiehi river; where the portage leading Irom the river Nashwaack now 
 joins the same, thence by a line running north twenty two degrees thirty minutes west 
 by the true meridian from the junction of the said Portage, with the said South-west 
 bianch of the Miramiehi, as afoiesaid, to the Southern boundary of the Province of 
 Lower Canada, shall be deemed the boundary line of the county of Northumber- 
 land, and the dividing line between that anil the adjoining counties. 
 
 ortbuniboilflnn 
 
 CAP. V. 
 
 Jin act for erecting the Upper Part of the County of York, into a distinct Town 
 and Parish. Passed I6lh March, 1S03. 
 
 43 Ceo. III. 
 
 Be it enacted, &c. That all that tract of country in the county of York, laying and rpper part of tÈe 
 being above the Towns of Woodstock and Northampton, and extending to the White com ")"" Yotk 
 March, three miles above the garrison at Presque Isle inclusive, and from the said 
 upper boundary extending a line parallel to the upper boundary of the said Parishes 
 of Woodstock and Northampton, be and the same is hereby erected and made a distinct 
 Town and Parish by the name of the town and parish of Wakefield. 
 
 CAP. XVII. 
 
 An act in further addition to an act intituled "■ an act for the better ascertaining yg,,, m . 
 and confirming the boundaries of the several counties within this Province, and 
 for subdividing them into Towns or Parishes.'" Passed 1th March, 1814. 
 
 Whereas the Towns or Parishes of New-Castle and Alnwick, in the county of p»"*'»» , of: Vt ; v 
 
 J Castle* Alnwick.. 
 
 Norihumberland, &c. &c And whereas it has be- 
 come necessary by the means of the increase of population of the said county of 
 Northumberland, to constitute other Towns or Parishes within the said county, 
 
 II. Be it therefore further enacted, That there be erected and constituted in the 
 said county, and there are hereby enacted and constituted within ihe sar.e, nine other 
 Towns or Parishes, to be bound) d, (.escribed and 1 amed a follows, to wit: 
 
 The first town or parish, &c. &c The 
 
 84* 
 
334 
 
 Appendix, seventh town or parish to be called, known, and distinguished by the name of Sauma- 
 N "' 48, rez; to be bounded on the North by the South line of lot number one, in the grant to 
 Acts of New Simon Arsenuu and associates, near the Little Nipissiquid, on the Bay of Chaleur, 
 ,w — &c The eighth Town or Parish to be called, 
 
 Boundaries of i* -n /• j î i i i *l j L iz 
 
 io„„iits, parishes known, and distinguished by the name of Beres/ord; to be bounded southerly by the 
 
 anil Towns. ° J . 
 
 „ — „ Parish of Saumarez and the continuation of the north line thereof, until it ?neets 
 
 PariBhesof New J 
 
 casue& Ainwick. thecounty line; easterly, northerly, and north-westerly, by the Bay of Chaleur, and 
 the River Restigouche, including Heron Islands, and the Islands in the said Resti- 
 gouchc River; and South-westerly by the said county line. 
 
 CAP. XXII. 
 
 ï Geo. iv. „j n ac t (o erect the upper part of the county of York into a Town or Parish. 
 
 Passed 20th March, 1821. 
 
 t'nper part of tho j} e it enacted by the Lieutenant Governor, Council, and Assembly, That all that 
 
 county of Vork. J ' J 
 
 part of the county of York lying above the Parish of Wakefield, on both sides of 
 the River St. John, be, and the same is hereby erected into a town or parish, and to be 
 distinguished by the name of the Town or Parish of Kent. 
 
 CAP. XXXI. 
 
 • Ge». rv. 
 
 %ftn act for the division of the county of Northumberland into three counties, and 
 to provide for the government and representation of the two new counties. — 
 Passed 1th March, 1826. 
 
 Subdivision oi Whereas from the great extent of the present county of Northumberland, it is ne- 
 
 NurLhunibeilamJ. . ,. , . ....... . 
 
 cessary and expedient that the same be divided into three counties, 
 
 I. Be it therefore enacted by the Lieutenant Governor, Council and Assembly, That, 
 &c. &c. and that all that other part of the said county of Northumberland which 
 noiv forms the parishes of Saumarez and Beresford, be, and the same is hereby erected 
 into another county, separate and distinct from the said county of Northumberland, to 
 be called and known by the name of the County of Gloucester. 
 
 IV. And be it further enacted, That the said two new counties shall be, and the 
 sameare hereby respectively subdivided into towns or parishes as follows, to wit: &c. &c. 
 
 The said county of Gloucester shall be divided into five towns or parishes as follows, 
 to wit: &c. &c. — The third Town or parish to retain the name of Beresfoi d, to beform- 
 ed of that part of the present Parish of Beresford which lies to the eastward of a 
 line drawn through the middle of Benjamin River. The fourth Town or Parish to 
 be called and known by the name of Mdington, and to be formed of that part of 
 the present parish of Beresford, lying between Benjamin River, and a line drawn 
 through the middle of the River Upsalquitch, including Heron Island, and the other 
 Islands in front. And the fifth Town or Parish to be called and known by the 
 name of Eldon, and to comprehend the residue of the said present parish of Beresford. 
 
 V. And be it further enacted, That the Town now forming on the Southern side 
 of the entrance of the River Restigouclie within the said county of Gloucester 
 shall be called and known by the name of Dalhousie. 
 
335 
 
 ACTS 
 REGULATING THE FISHERIES IN THE RESTIGOUCHE AND ITS BRANCHES. 
 
 . ippendix. 
 
 tin. 48. 
 
 Act-, regulating 
 the Fisheries. 
 
 3'J Geo. Iir. 
 
 CAP. V. 
 
 An act for regulating the Fisheries in the county of Northumberland.— Passed 
 
 8th February, 1799. 
 
 In Northuiiibfîr 
 
 Whereas the laws now in force for regulating the Fisheries in the county of North- la '"' 
 umberland have been found inadequate to the purposes intended; for remedy whereof 
 I. Be it enacted, &c &c. ******* 
 *******.„»* 
 
 VIII. And be it further enacted, That no Salmon shall be taken or killed in any 
 manner whatever in the River Miramichi, or in the River Restigouche, or in any of 
 the branches of the said rivers, from the thirtieth day August, to the first day of April 
 in every year; nor shall any person purchase any fish so killed or taken, under the 
 penalty of five shillings for each fish, so killed, taken or purchased, to be recovered 
 before any of His Majesty's Justices of the Peace, for the county of Northumber- 
 land. 
 
 45 Geo. III. 
 
 CAP. XIX. 
 
 An act to continue sundry acts of the General Assembly that are near expirin". 
 
 Passed 5th March, 1S05. 
 
 In Norlhunjt ex- 
 Be it enacted by the President, Council, and Assembly, That an act passed in the la,Kl 
 
 thirty-ninth year of his Majesty's reign, intituled, "an act for regulating the Fisheries 
 
 in the county of Northumberland," &c. &c be further continued; and the said acts and 
 
 every clause matter and thing therein contained, are hereby continued and declared 
 
 to be in full force, until the first day of March, which will be in the year of our Lord, 
 
 one thousand eight hundred and ten. 
 
 CAP - IV " SO, Geo. ui. 
 
 An act to continue for a limited time an act passed in the thirty-ninth year of His 
 Majesty's Reign, intituled " an act for regulating the Fisheries in the county of 
 Northumberland." Passed 14/h March, 1810. 
 
 Be it enacted by the President, Council and Assembly, That an act made and land, 
 passed in the thirty-ninth year of His Majesty's Reign, intituled " an act for regulating 
 the Fisheries in the county of Northumberland," be continued, and the said act and 
 every clause, matter and thing therein contained, is hereby continued and declared 
 to be in full force for ten years, and from thence to the end of the then next session 
 of the general assembly and no longer. 
 
 CAP. IV. 
 An act to make perpetual several acts of the General Assembly that are near ex- 
 piring. Passed 20th March, 1820. 
 Be it enacted by the Lieutenant Governor, Council and Assembly, That an act made 
 and passed in the thirty-ninth year of His Majesty's Reign, intituled " an act for regu- 
 lating the fisheries in the county of Northumberland," &.c &c 
 
 be, and the same acts are hereby declared to be continued and in full 
 
 force for three years, and thence to the end of the then next session of the General 
 Assembly. 
 
 CO Geo. III. 
 
4 Geo. IV. 
 
 336 
 
 a ». CAP. XXIII. 
 
 Appendix. 
 
 No 48> An act in further amendment of the Laws for regulating the Fisheries in the 
 A^Tia.in g county oj Northumberland. Passed 21th March, 1823. 
 
 Whereas the provisions and penalties in an act made and passed in the thirty-ninth 
 year of the Reign of His late Majesty King George the third, intituled " an act for re- 
 gulating the Fisheries in the county of Northumberland," have been found ineffectual, 
 I. Be it therefore enacted, &.c. [making some alterations not touching the 8th Sec- 
 tion, nor the river Restigouche or its branches.] 
 
 III. And be it further enacted, That the said herein before recited acts, excepting 
 wherein the same arc hereby altered and amended, together with this act, shall con- 
 tinue and be in force five years, and thence to the end of the next session of the 
 General Assembly. 
 
 ACTS 
 
 ESTABLISHING ROADS OF COMMUNICATION THROUGH THE PROVINCE. 
 
 CAP. XXII. 
 
 50 Geo. in. An act for the establishment, regulation, and improvement of the great Roads oj 
 communication through the province. Passed lllh March, 1816. 
 
 Whereas it is expedient that a more effectual system should be established for the 
 regulation and improvement of the Great Roads leading through the province, 
 
 I. Be it therefore enacted by the President, Council and Assembly, That the Roads 
 as herein described, be, and they are hereby appointed and established to be the Great 
 Roads of communication through the province, that is to say, &c. &c. 
 
 That the Road leading from Fredericton to the Canada line be by the following 
 line or route; that is to say, 
 
 From Fredericton upon the west side of the River St. John to John Kelly's, thence 
 to cross the River to Michael McNelly's, thence to Joseph Wolverton's in the parish 
 of Northampton, thence across the River Saint John to Mr. Frazer's lower Farm in 
 Woodstock, thence to the Garrison at Presque Isle, thence across the larger Presque 
 Isle Creek near the mouth of the River Roostock, thence across the said river near the 
 mouth, thence to the Grand Falls, and from thence to the Canada line through the 
 Madawaska settlement. 
 
 VI. And be it further enacted, That there be allowed and paid out of the Province 
 Treasury the following sums of Money, that is to say, &c. &c. 
 
 To the said George D. Berton, Thomas C. Lee and Daniel Morehouse, the sum of 
 three thousand pounds, towards improving and repairing the public Road leading from 
 Fredericton to the Canada line, and for building and repairing bridges upon the 
 same. 
 
 CAP. XI. 
 
 An act to appropriate a part of the public Revenue for the services therein men- 
 tioned. Passed 22d March, IS 17. 
 Be it enacted by the President, Council and Assembly, That there be allowed and 
 paid out of the Treasury of the province, unto the several persons hereafter mention- 
 ed, the following sums, to wit: &c. &c. 
 
 Geo. III. 
 
337 
 
 To His Honor the President the sum of eleven hundred and fifty pounds for the tâppen lix 
 further improving that part of the Great Road of communication leading from Fredcr- N "' 4:! " 
 icton to the Canada line. .,, \, « 
 
 Bnwswirk. 
 < VP. XVI. 
 
 ,ln act to provide fur opening and rep living Bauds anderecting Bridges through- ,„ Ccn m 
 
 out the Province, and improving the navigation of certain Rivers /herein. 
 
 Passed 25th March, 1820. 
 
 Be it enacted by the Lieutenant Governor, Council and Assembly, That there be 
 allowed and paid out of the Treasury of this Province, to such person or persons as 
 His Excellency the Lieutenant Governor or Commander in Chief for the time being 
 shall appoint, in addition to the sums already granted by law, and remaining unexpend- 
 ed, the following sums for the purposes hereafter mentioned, that is to say, &c &e. 
 
 The 
 
 sum of one hundred and seventy five pounds, to explore, lay out, and open a road from 
 
 the river Nepisigwit to the River Restigouche, &c. &c 
 
 The 
 
 sum of fifty pounds, for making a towing path and removing rocks between Presque 
 Isle and the Restook river. 
 
 The sum of one hundred and fifty pounds for removing rocks and making towing 
 paths from Restook river to the Grand Falls. 
 
 CAP. XXXI. 
 
 «?>j act to repeal all lite lairs now in force relating to the establishment, regulation, 3 Gen. iv 
 and improvement of the G rati Roads of communication through the Province, 
 and to make more effectual provision for the same. Passed 2\st March. 1832. 
 
 II. And be it further enacted, &c. &c. That the roads as herein described, be, 
 and they arc hereby appointed and established to be the great roads of commu- 
 nication through the province, that is to say, &c. &c. — That the road leading 
 from Fredericton to the Canada line, be by the following line or route, that is to 
 say; From the Market house in Fredericton, &c. &c. &c. — to Mr. Fraser's lower 
 farm, in Woodstock, thence to the garrison at Presque Isle, thence across the larger 
 Presque Isle Creek, near the mouth, to the river Roostock, thence across the said 
 river near its mouth, thence to the Grand Falls, and from thence to the Canada line. 
 
 That the road leading from Fredericton to Ristigouche in Northumberland, be by 
 the following line or route, that is to say; From Fredericton across the ferry, &c. &c. &c. 
 to the Court House in New Castle, thence <o the River Nipisigwit, thence along the 
 settlements on th< of Chaleur Bay to the River Ristigouche, &c. &c. 
 
 III. And er enacted, That all the before mentioned public roads shall be 
 laid out fi ilc, and be opened and worked of such width as the supervisors in 
 their r« ive districts shall in their discretion deem necessary. 
 
 CAP. XXXII. 
 
 .In act to appropriate a part of the public Revenue for the services therein men- 
 tioned. Passed 21 1 h March, 1823. 
 Be it enacted by the Lieutenant Governor, Council and Assembly, That there be al- 
 lowed and paid out of the Treasury of this Province, the following sums, to wit, &c.&c. 
 
 85* 
 
338 
 
 appendix. To Daniel Morehouse late Supervisor, for the great road of communication from 
 No. 48. Frederic-ton to Canada line, the sum of one pound five shillings and ten pence, a bal- 
 Acts of New ance due him. 
 
 Brunswick. 
 
 CAP. XXVIII. 
 
 .in act to provide for opening and repairing Roads and erecting Bridges through- 
 out the province. Passed 19th March, 1S27. 
 
 Be it enacted by the Lieutenant Governor, Council and Assembly, That there he 
 
 - Goo iv. allowed and paid out of the Treasury of this Province to such person or persons as- 
 
 His Excellency the Lieutenant Governor, or Commander in Chief foi the time being, 
 
 shall appoint, in addition to sums already granted, the following sums for the purposes. 
 
 hereinafter mentioned, that is to say, 
 
 The sum of six hundred and fifty pounds, for the Great Road from Fredericton tes 
 the Canada line, &c 
 
 The sum of seven hundred and fifty pounds for the Great Road from Fredericton to> 
 Restigouche. 
 
APPENDIX, No. XLIX. 
 
 DEPOSITIONS 
 
 CERTAIN INHABITANTS OF MADAWASKA. 
 
 CONCERNING 
 
 THE BOUNDARY OF CANADA; 
 
 JOHN G. DEANE, CONCERNING THE SAID BOUNDARY, AND THE TENURE OF CERTAIN- 
 LANDS ON TEMISCOUATA LAKE. 
 
 Enoch Lincoln, 
 
 Governor of the Slate of Maine. 
 
 i&ppendix* 
 
 To ALL WHO SHALL SEE THESE PRESENTS, GREETING : lV °' ' '' 
 
 Know ye, that John G. Deane, Esq. of Ellsworth, in our Depositions con- 
 
 ç -, r, r tt i i , . cerning the boun- 
 
 | l. s.J County oi Hancock, whose name is borne on the papers dary of Canada 
 
 . , . . r and certain lnri.lv 
 
 hereunto annexed, is a JNotary Public, duly nominated and ">< lake Tei 
 
 ENOCH LINCOLN, appointed, commissioned and qualified; and that to his ' ,. — „ 
 
 T- Depositions of cer 
 
 Acts and Attestations as such, full faith and credit are and IJ'", '""■ ; ' 
 ought to be given in and out of Court. 
 
 In testimony whereof, I have caused the Seal of the 
 State to be hereunto affixed. Given under my hand at 
 Portland, this sixth day of December, in the year of our 
 Lord one thousand eight hundred and twenty-eight, and 
 in the fifty-third year of the Independence of the United 
 States of America. 
 
 By the Governor: 
 
 A. NICHOLS, Secretary of State. 
 
 Slate of Maine: 
 
 Be it remembered, that on this thirteenth day of November, in the year of our 
 Lord one thousand eight hundred and twenty-eight, before me John G. Deane, Esq. 
 Notary Public, by lawful authority duly authorized, commissioned, and sworn, per- 
 sonally appeared Captain Fearmer Thibidcau, of Madatoaska, who, after being 
 first duly cautioned and sworn upon the Holy Evangelists to testify the truth, the whole 
 truth, and nothing but the truth, testifies, declares and says; that heis aged fifty-nine 
 years and upwards; was born in the Province of New Brunswick,, and when he was 
 nineteen years old his father moved with his family to Madawasku, where the de- 
 ponent has lived ever since. 
 
340 
 
 Appendix. He is well acquainted with the Grand Portage, and has crossed il several limes 
 
 No. 49. to Canada, aaà has always understood that St. Francis' Mountain, or some place 
 
 Depositions com upon it, was considered the line of Canada, and that fugitives from justice from 
 
 eerning the boun- ., ,. . . . r ., . , . . 
 
 .lary of Canada cither side were considered sajejrom arrest when they had crossed it. He has un- 
 
 and certain lands w 
 
 on lake Temiscou- derstood the line to be at a post which was on St. Francis' Mountain, about half 
 ,-. — , way across the portage. Some years ago his neighbours, as he understood, were cm- 
 
 Depqsmons of cer- J i a J ^ o ,.^v..n 
 
 tain inhabitants of ployed by the government of New Brunswick to work on the Grand Portap-e. 
 
 He is now a Captain of Militia, and holds his Commission under the Govern- 
 ment of New Brunswick. 
 
 In testimony of the truth of his aforesaid declarations, he now hereunto sets his 
 hand and makes his cross. his 
 
 FEARMERx THIBIDEAU. 
 cross. 
 In testimony whereof, I the said Notary, have hereunto subscribed my 
 [l. s.] name and affixed my Notarial Seal. 
 
 JOHN G. DEANE, 
 Notary Public. 
 
 State of Maine: 
 
 Be it remembered, that on this thirteenth da)' of November, in the year of our 
 Lord one thousand eight hundred and twenty-eight, before me John G. Deane, Esq. 
 Notary Public, by lawful authority duly authorized, commissioned and sworn, per- 
 sonally appeared Jeremiah Dubie, of Madawaska, who, after being duly cautioned and 
 sworn upon the holy Evangelists to testify the truth, the whole truth, and nothing but 
 the truth, testifies, declares and says; that he is sixty years of age and upwards; was 
 horn in Camarouska in Canada, and moved to Madawaska thirty-four years ago. 
 
 Between twenty-five and thirty years ago, he, with thirteen or fourteen others 
 from Madawaska, worked on the Grand Portage, repairing the road from Temis- 
 couta Lake, to beyond the Grand Fourche, where they met the party from Cana- 
 da: they erected a post and marked it, but the marks he docs not recollect. 
 Mr. Francis Martin superintended the work, and they were employed, supplied, and 
 paid by the Province of New Brunswick. Mr. Martin is dead: four of his sons, 
 some by the name of Herbert, Mr. Foursin and others, worked on the road. 
 
 lie has always understood, that the St. Francis, or some place upon the moun- 
 tain, was the line of Canada; and that such as fled for debt from either Province 
 were free from arrest as soon as they passed it. 
 
 In testimony of the truth of his aforesaid declarations, he now hereunto affixes his 
 hand and makes his cross. ftfg 
 
 JEREMIAH x DUBIE. 
 
 cross . 
 In testimony whereof, I the said Notary have hereunto subscribed my 
 [r.. s. ] name and affixed my Notarial Seal. 
 
 JOHN G. DEANE, 
 
 Notary Public. 
 
 Stair of Maine: 
 
 it remembered, that on this twelfth day of November, in the year of our Lord 
 thousand eight hundred and twenty-eight, before me John G. Deane, Esquire, Nota- 
 ry Public, by lawful authority duly authorized, commissioned and sworn, personally ap- 
 peared Fear me r Herbert, of Madawaska, who, after being first duly cautioned and sworn 
 
341 
 
 upon the Holy Evangelists to testify and declare the whole truth, and nothing but the Jlppemlix. 
 
 truth, testifies, declares and says; that he is now aged forty-six years and upwards, 
 
 and ivent to Madawaska when he teas eight years old (thirty-eight years ago) with Depositions con- 
 
 , ti i j /-< cerning the I n 
 
 his father and family, where he has resided ever sinee. He lias been to Canada dary of Canada 
 
 •* and certain lundi 
 
 several times across the Grand Portage, and has always heard, ever since he ha» on lake Temiwou 
 been old enough to remember any thing, that St. Francis' Mountain, or some place nL . |1( , M ~~ „, ,,, 
 on it, teas the line of Canada, and that those who fled from the one government to j} a "d a wa*ka! Ul " °' 
 the other, were always considered safe from arrest when they had passed it. 
 
 Between twenty-five and thirty years ago, as near as he can recollect, fourteen or 
 fifteen men went from Madawaska to work on the Grand Portage, of whom the depo- 
 nent wasone: They worked on the Portage two or three weeks; and worked from Lake 
 Temiscouta until they met the party from Canada; where they met the party from 
 Canada, a post had been erected; it was about six feet high. The 'party from 
 Canada worked to the post first, and were stopping there when the party from the 
 Lake arrived. The parties separated at the post, and returned. The party from 
 Madawaska were headed and superintended by Francis Martin, of Madavvaska, who , . 
 is now dead; and they received their supplies from, and were paid by the Province 
 of New Brunswick. Michael Martin, Francis Martin, Mr. Dubie, Mr. Fournie, 
 and many others, most of whom are dead, worked on the Grand Portage with him. 
 
 In testimony of the truth of his aforesaid declaration, he now hereunto sets his 
 hand and makes his cross. his 
 
 FEARMER x HEBERT. 
 cross. 
 In testimony whereof, I the said Notary have hereunto subscribed my 
 [l. S;] name and affixed my Notarial Seal. 
 
 JOHN G. DEANE, 
 
 Notary Public. 
 
 Slate of Maine: 
 
 Be it remembered, that on this twelfth day of November, in the year of our Lortl 
 one thousand eight hundied and twenty-eight, before me, John G. Deane, Esquire, 
 Notary Pub ic, by lawful authority duly commissioned, authorized and sworn, person- 
 ally appeared Michael Martin, of Madawaska, who after being first duly cautioned 
 and sworn upon the Holy Evangelists, to testify and declare the truth, the whole truth, 
 and nothing but the truth, testifies, declares and says; that Ae is aged forty-seven 
 years and upwards; was born at St. Ann's now Fredericton, and thirty six or 
 thirty-seven years ago his father, Francis Martin, moved to Madawaska with his 
 family, where he lived until his death. He has heard his father and others in 
 Madawaska say the line of Canada was at Mount St. Francis. 
 
 About twenty seven or twenty-eight years ago, as near as he can recollect, his 
 father and others were employed by the Government, or some person acting under the 
 Government of New Brunswick, to work on the Grand Portage, from the Lake Te- 
 miscouta to Canada. He, the deponent, worked on the Portage with his father and 
 fourteen or fifteen others. They worked on the Portage from Temiscouta Lake 
 towards Canada, across the Grand Fourche stream, where they set tip a post; the party 
 at work on the Portage met them here from Canada; they fired their guns when tfie 
 post was set up, and afterwards separated; one party returned to Canada and the 
 other to Madawaska. 
 
 His father superintended the work for the Province of New Brunswick, and was 
 paid by the Province. The provisions which they had were brought from the Grand 
 Falls below, on the river St. John. 
 
 86 
 
342 
 
 Appendix. His father has been dead ten years. 
 
 No. 49. j n testimony of the truth of his aforesaid declarations, he now hereunto affixes his 
 
 Depositions con- hand by making his cross. his 
 
 K?V"c*X MICHAEL x MARTIN. 
 
 and certain lands 
 
 on lakeTemiscou- Ct'OSS. 
 
 — In testimony whereof, I the said Notary have hereunto subscribed my 
 
 Depositions of cer- J J 
 
 tain inhabitants or r L s i name, and affixed my Notarial Seal. 
 
 Madawaska. L J J 
 
 JOHH G. DEj»NE, 
 
 Notary Public. 
 
 State of Maine: 
 
 Be it remembered, that on this twelfth day of November, in the year of our Lord 
 one thousand eight hundred and twenty-eight, before me, John G. Deane, Esquire, 
 Notary Public, by lawful authority duly commissioned, authorized and sworn, per- 
 sonally appeared Simon Baulier, of Madawaska, who after being first duly cautioned 
 and sworn upon the Holy Evangelists, to testify and declare the truth, the whole truth, 
 and nothing but the truth, testifies, declares and says; that he is aged forty -six years 
 and upwards; was born within six miles of the Grand Portage on the St. Law- 
 rence, and when he was aged eight or ten years came to Madawaska, and lived 
 with Captain Du Pierce, one of the first settlers at Madawaska, and has resided in Ma- 
 dawaska ever since. He is well acquainted with the Grand. Portage, and has 
 passed and repassed it a great many times, anil has always heard and understood 
 that Mount St. Francis, between the Grand Fourche stream and the St. Francis 
 River, or some place on the mountain, ivas the line of Canada. There was a post 
 standing on Mount St. Francis, between the Grand Fourche stream and St. Francis 
 River, to ivhich post the people from Canada repaired the road on the one side, 
 and the people of New Brunswick on the other, as he has understood; if it has not 
 always been so, it has sometimes been so. 
 
 In testimony of the truth of his aforesaid declarations, he now hereunto affixes his 
 hand by making his cross. his 
 
 SIMON x BAULIER. 
 cross. 
 In testimony whereof, I the said Notary have hereunto set my hand, and 
 [l. s.] affixed my Notarial Seal. 
 
 JOHN G. DEANE, 
 
 Notary Public. 
 
 State of Maine: 
 
 Be it remembered,, that on this twelfth day of November, in the year of our Lord 
 one thousand eight hundred and twenty-eight, before me, John G. Deane, Esquire, 
 Notary Public, by lawful authority duly commissioned and sworn, personally appeared 
 Joseph Cire, of Madawaska, who after being first duly cautioned and sworn to testify 
 and declare the truth, the whole truth, and nothing but the truth, upon the Holy Evan- 
 gelists, testifies, declares and says; he is aged twenty-eight years; was born in and has 
 always resided in Madawaska, and that he has crossed and recrossed the Grand 
 Portage many tunes, and was present on the fourth and fifth days of November, in 
 the year of our Lord one thousand eight hundred and twenty-eight, when Michael 
 Cire shelved John G. Deane, Esquire, the place where a 'post formerly stood. The 
 place is on the St. Fra?icis' Mountain between the Grand Fourche and St. Francis 
 river, on a ridge or highland twenty or thirty rods south-easterly of a stream called 
 
343 
 
 Dirty Brook, which runs south-westerly. There is also, near the place, a large rock appendix. 
 which is remarkable, on the Grand Portage, differing in size and appearance very much No 49, 
 from any other one there. pepoaiiionacoo 
 
 In testimony of the truth of his aforesaid declarations, he does hereunto put his hand dare ln 'f*c»Mda 
 and subscribes the same with his cross. his oï lakcTeïniscou- 
 
 JOSEPHxCIRE. au — 
 
 Impositions of cer- 
 CVOSS. tain inhabilanto ol 
 
 Madawaska. 
 
 In testimony whereof, I the said Notary have hereunto subscribed my 
 [l. s.] name, and affixed my Notarial Seal. 
 
 JOHN G. DEANE, 
 Notary Public. 
 
 State of Maine: 
 
 Be it remembered, that on this eleventh day of November, in the year of our Lord 
 one thousand eight hundred and twenty-eight, before me, John G. Deane, Esquire, 
 Notary Public, by lawful authority duly commissioned, authorized and sworn, per- 
 sonally appeared Michael Cire, of Madawaska, who, being first duly sworn upon 
 the Holy Evangelists, to testify the truth, the whole truth, and nothing but the truth, 
 testifies, declares and says; that he is sixty-two years of age and upwards; was born 
 on Sugar Island near Fredericton, and removed w ith his father before he was twenty- 
 one years of age to the place where he now dwells; since residing in Madawaska 
 he has crossed the G-rand Portage from LakeTemiscouta to Canada nearly every year, 
 and some years several times, and has always understood, and it has always been 
 so understood at Madawaska, that Mount St. Francis, or some place on that 
 Mountain, was the line of Canada. The Mount lies between the Grand Fourche 
 and St. Francis rivers, and divides their waters. 
 
 Upon the ascent of the mount from the Grand Fourche, and only one or two hun- 
 dred feet lower than the summit, there is a stream flowing south-westerly called 
 Dirty Brook, on account of the bad quality of the water, within twenty or thirty rods 
 of which on the highland south-easterly of it, and also near a remarkable rock, one 
 differing much in size and appearance from any rock on the road, which he shewed 
 John G. Deane, aforesaid, the place where a post formerly stood, but which has de- 
 cayed or has hecn otherwise destroyed, as he has not seen it for a few years last past, 
 There were marks on the post, but did not know what they meant. 
 
 In testimony of the truth of his aforesaid declarations, he hereunto affixes his hand 
 
 by his cross. '" s 
 
 MICHAEL x CIRE. 
 cross. 
 In testimony whereof, I the said Notary have hereunto subscribed nn 
 [l. s.] name, and affixed my Notarial Seal. 
 
 JOHN G. DEANE, 
 Notary Public. 
 
 State of Maine: 
 
 Be it remembered, that on this tenth day of November, in the year of our Lord 
 one thousand eight hundred and twenty-eight, before me John G. Deane, Esquire, 
 Notary Public, by lawful authority duly commissioned, authorized and sworn, per- 
 sonally appeared Paulite Marchee, of Madawaska, who, after being duly cautioned 
 and sworn upon the Holy Evangelists, to testify the truth, the whole truth, and nothing 
 but the truth, testifies, declares and says; that he is now aged seventy years ami up- 
 wards; was born in SI. Jlndre in Canada, near where the Grand Portage com- 
 
344 
 
 appendix, menées on the St. Lawrence, and moved to Madawaska, the place where he now 
 
 No. 49. dwells, twenty years ago. He crossed the Grand Portage thirty-six years ago, and 
 
 Depositions «m- has since that time crossed and recrossed it thirty times and upwards. He has not 
 
 5a™ of Canada crossed the Portage the last seven years. The Mount St. Francis, or some place 
 
 nn lake Temiscou- on or about it, has always been considered and understood to be the line of Canada. 
 
 ata. 
 
 — It lies and runs north-easterly and south-westerly between the Grand Fourche and St. 
 
 Depositions of cer- J 
 
 tam inhabitants ot Francis River. On the south-eastern side of Mount St. Francis, after you ascend 
 some distance from the Grand Fourche stream, there is a stream called Dirty Brook, 
 which flows into one of the Lakes of the St. Francis River. On the south-westerly side 
 of the Portage road, and twenty or thirty rods south-easterly of the brook, there was 
 a post which was always called the half-way post on the Portage. From the land 
 on which this post stands, the waters flow on the one hand into the Grand 
 Fourche, and Trois Pistoles, and into the river St. Lawrence; and on the other 
 hand into the Hiver St. Francis, and through it into the river St. John. The 
 land thus dividing the waters of the St. Lawrence from the waters of the St. John, 
 was always understood by us to be the line of Canada. Such has always been 
 the understanding so long as he can remember. 
 
 In testimony of the truth of his declarations above written, he has hereunto made 
 his cross, and requested the said Notary to write his name. 
 
 his 
 PAUL1TE x MARCHEE. 
 mark. 
 In testimony whereof, I the said Notary have hereunto subscribed my 
 [l. s.] name, and affixed my Notarial Seal. 
 
 JOHN G. DEANE, 
 Notary Public. 
 
 State of Maine: 
 
 it Be it remembered, that on this tenth day of November, in the year of our Lord one 
 thousand eight hundred and twenty-eight, before me John G. Deane, Esquire, Notary 
 Public, by lawful authority duly commissioned and sworn, personally appeared Jean 
 Baptiste Long, now resident in the Madawaska settlement, near the Catholic Chapel 
 in the Parish of St. Emilie, and being first duly cautioned and sworn upon the Holy 
 Evangelists, to testify and declare the truth, the whole truth, and nothing but the 
 truth, testifies, declares and says; that he is noiv thirty-one years of age and upwards; 
 was born at the river De Loup which crosses the Grand Portage, and twenty years 
 ago his father brought him with the residue of his family to the Lake Temiscouta, and 
 settled at the place ivhere the Grand Portage commences. He resided at that 
 place nineteen years, and in the autumn of the year one thousand eight hundred and 
 twenty-seven, moved to the place where he now resides. 
 
 Ever since he was old enough to cross the Grand Portage, he has crossed it from 
 one to six times a year, and perfectly recollects the cedar post , which he was always 
 told was the line of Canada; it was six feet high or thereabouts, hewed on the four 
 sides; the side next to the Portage road, and side next to Canada, were marked or 
 writ ten over, from top to bottom; the other sides were not marked; he did not under- 
 stand the marks; the post stood on the south-westerly side of the Portage road, 
 between the Grand Fourche stream and the peak or top of Mount St. Francis; on 
 high and elevated land, within a few rods of the post, and on the north-westerly side 
 of it, there is a stream or large brook which flows into the St. Francis River, which 
 he has descended to that river, and the Grand Fourche flows into the Trois Pistoles. 
 On the side of the Portage, and nearly opposite to the place where the post stood, 
 
J 45 
 
 js a large rock, larger than any other one on the Portage; its appearance is also different appendix. 
 irom any other he ever saw in those parts. The elevated land an which the post No ' * 9, 
 stood divides ivaters which flow either way, one into the Grand Fourche, a/id the Depositions con 
 other into the St. Francis river. nary n of h cannii'il 
 
 He further testifies, declares and says; that Jour years ago last August, when oîî lairaTemiKou" 
 going from the Lake Temiscouta to Canada, about the middle of the afternoon, he saw 
 
 Deponitionpof er-r 
 
 that the aforesaid post was cut down, and was put on afire which iras then burn- tai " ""h» 1 '»»»" ■■•■ 
 
 Mad&wiLéka. 
 
 ing; the post on the fire contained the marks which he has before mentioned, and 
 they were not then entirely consumed; he saw some of them; he took it from the 
 fire, and extinguished the fire upon it, and set it by the side of the road. He 
 passed again in about one month, and the post he had saved from the fire was 
 gone, and what became of it he does not know. He docs not know who cut down 
 the post, but supposes it was cut down by persons who were crossing the Portage. 
 
 In testimony of the truth of his declarations above written, he now hereunto sets 
 his hand by his cross, being unable to write his name, and requests the said Notary to 
 write his name at length. his 
 
 JEAN EAPTISTE + LONG. 
 mark. 
 In testimony whereof, I the said Notary have hereunto subscribed my 
 [l. s.] name, and affixed my Notarial Seal. 
 
 JOHN G. DEANE, 
 
 Notary Public. 
 
 Slate of Maine: 
 
 Be it remembered, that on this eighth day of November, in the year of our Lord 
 one thousand eight hundred and twenty-eight, before me, John G. Dearie, Esquire, 
 Notary Public, by lawful authority duly authorized, commissioned and sworn, per- 
 sonally appeared Raphael Michaud, of the Parish of St. Emilie, being the upper 
 parish in the Madawaska settlement; and first being duly cautioned and sworn upon 
 the Holy Evangelists, to testify and declare the truth, the whole truth, and nothing 
 but the truth, testifies, declares and says; that he is twenty-seven years of age and. 
 upwards; and that twelve years ago, or thereabouts, he travelled over the Grand 
 Portage from Temiscouta Lake to Canada. While travelling from the river St. 
 Francis to the River Verde or Green River, he saw fourteen or fifteen men from 
 Canada at work on the Grand Portage, repairing the road, and was told by them 
 that a cedar post, squared, and standing on the westerly, or south-westerly 
 side, of the road, about half way between the peak or top of Mount St. Francis and St. 
 Francis river, something more than one-sixth of a league south-easterly from said 
 river, was the line of Canada. 'The post had many marks upon it, which he did 
 not understand, nor does he remember. Since that time he has passed the Grand 
 Portage nearly every year. The last time he saw the post, was five years since; and 
 although he has since passed and repassed the Portage twice, has not seen the post, 
 and supposes the post has been destroyed by accident or design. 
 
 He has also always understood from the inhabitants of Madawaska, that the afore- 
 said post was the line of Canada. He has passed the Portage with others from 
 Madawaska, much older than himself, who have shelved him the same for the 
 line of Canada, and as the place where it was generally understood to be. 
 
 In testimony of the truth of his declarations above written, he now hereunto sub- 
 scribes his name. 
 
 RAPHAEL MICHAUD. 
 
 In testimony whereof, I the said Notary have hereunto subscribed my 
 
 f~L. s.l name, and affixed my Notarial Seal. 
 
 JOHN G. DEANE, 
 
 S7* Notary Publie. 
 
3-16 
 
 rfppcndte. DEPOSITION 
 
 No. 49. 
 
 OF JOHN G. DEANE, TOUCHING THE ISOUXU.VUY OF CANADA. 
 
 Depositions < mi- 
 
 CI I inn.: Hi./ Iii'iiu 
 
 ,|«rj ol' Cnnaila ENOCH LlNCOLN, 
 ami certain lands 
 
 nn lake remiscoii- Governor of the Stale of Maine. 
 
 aS'^tôu/rTinH To ALL WHO snALL SEE THESE PRESENTS, GlTEETING: 
 
 iIh' lnMiiulniy of 
 
 Cauada. Know ye, that the Honorable Prentiss Mellen, of Portland, in 
 
 our Cumberland, whose name is borne on the paper hereunto 
 
 annexed, is Chief Justice of our Supreme Judicial Court for 
 
 [l. s.] the said State of Maine; duly nominated and appointed, com- 
 
 ENOCU LINCOLN, missioned and qualified; and that to his acts and attestations, 
 
 as such, full faith ?nd credit are and ought to be given, in and 
 
 out of Court. 
 
 In testimony whereof, I have caused the Seal of the State to be 
 
 hereunto affixed. Given under my hand at Portland, this sixth 
 
 da) r of December, in the year of our Lord one thousand eight 
 
 hundred and twenty-eight, and in the fifty-third year of the 
 
 Independence of the United States of America. 
 
 By the Governor: 
 
 A. NICHOLS, 
 
 Secretary of State. 
 
 I, John G. Dearie, of the State of Maine, depose and say; that pursuant to instruc- 
 tions from the Hon. William P. Preble, one of the Agents of the United States for 
 settling the north-eastern boundary of the United States, I proceeded to Madawaska, 
 where I arrived on the thirty-first day of October last; and that on that and many of 
 the following days, I held conversations with many of the oldest and principal in- 
 habitants of that settlement; and to my inquiries " Where has the boundary of 
 Canada been always considered to be?" have been uniformly answered ■ " St. Fran- 
 cis:" and to my explanatory question to ascertain whether they meant St. Francis 
 River or Mountain, the explanation has been " the Mountain," or some place upon 
 it, at the head of the streams. And to my explanatory question to ascertain the moun- 
 tain they meant by St. Francis, 1 have been answered that they meant the mountain 
 between (he Grand Fourche and St. Francis River: and to my question — "Where do 
 these Rivers empty themselves?" the answers have been "The Grand Fourche runs 
 into the Trois Pistoles, and the St. Francis into the River St. John." Some went 
 much further, and were more definite in their answers, and pointed out the exact spot 
 upon the St. Francis Mountain where a post formerly stood on the portage, which 
 they understood to be the boundary of Canada. This spot I visited in company 
 with Michael Cire and Joseph Cire. The place where the post stood is exactly ujion 
 the ridge or highland which separates the waters which flow into the Grand 
 Fourche and the waters which flow into the St. Francis; and, as near as I could 
 judge from walking over the ground, the waters of the respective streams are not 
 more than half a mile asunder. At the place where the post was described to have 
 stood, there is a rock, peculiar for its size and appearance, differing very much from 
 any other I saw elsewhere on the Grand Portage. Most of the persons further stated 
 voluntarily, without the question being proposed by me, that fugitives from 
 Canada ivere considered free from arrest, when they had passed the St Francis. 
 
 JOHN G. DEANE. 
 
 Be it remembered, that on this sixth day of December, in the year of our Lord one 
 thousand eight hundred and twenty-eight, the above named John G. Deane personally 
 appeared before me, the subscriber, Chief Justice of the Supreme Judicial Court of 
 
317 
 
 tl.e St;.tc of Maine, and made Eolemn oath according (o the laws of ibis State, that Jippcndia. 
 
 the facts statid in the foregoing deposition by him subscribed, arc true; which - s<> - •>■'■ 
 deposition I have taken at the request of Hon. William P. Preble, one of the Agents 
 of the United States for settling the north-eastern boundary of the United States. 
 
 Ii' popiiiom ron 
 rertring Lfae hour 
 darj i * < Qtmdn 
 nucl rertain Inmla 
 
 [i- s.] PREKTISS MELLEN. ™ ,okcT 
 
 l>. position of John 
 
 fui lake Tciuinuu 
 aia. 
 
 DEPOSITION' 
 
 of john g. deane, touching the tenure of certain lands near the 
 grand portage, on temiscouata lake. 
 
 L'soch Lincoln, 
 
 Governor of the State of Maine. 
 
 To ALL WHO SIIALL SEE THESE PRESENTS, GREETING: 
 
 Know ye, that Joshua W. Hathaway, Esq., of Ellsworth, in our 
 County of Hancock, whose signature is borne on the paper 
 hereunto annexed, is a Justice of the Peace within and for our 
 [l. s ] County of Hancock, aforesaid, in the said State of Maine, duly 
 
 ENOCH LINCOLN, nominated and appointed, commissioned and qualified; and 
 that to his acts and attestations, as such, full faith and credit 
 are and ought to be given, in and out of Court. 
 In testimony whereof, I have caused the Seal of the State to 
 be hereunto affixed. Given under my hand at Portland, this 
 thirtieth day of December, in the year of our Lord one thou- 
 sand eight hundred and twenty-eight, and in the fifty-third 
 year of the Independence of the United States of America. 
 
 I5y the Governor: 
 
 A. NICHOLS, 
 
 Secretary of Slate. 
 
 1, John G. Deane, Esq., of lawful age, do depose, having first been duly cautioned 
 and sworn on the Holy Evangelists of Almighty God to tell the truth, the whole 
 truth, and nothing but the truth, do testify and say; that being at the Grand Portage 
 leading from Temiscouata Lake to the River St. Lawrence, in the month of Novem- 
 ber last, under the authority of the United States, for the purpose of ascertaining 
 certain facts, I there had a conversation with Col. Alexander Frazier, who resides at 
 the Grand Portage on Temiscouata Lake, and claims to be the owner of a SeiVriorie 
 there. He informed me that his title deeds were at Quebec; that his seignorie cm- 
 braced a territory six miles all around the Lake; that his title was derived through 
 sundry conveyances from the French Government, before the cession of Canada; that 
 while possessed by the French grantee, homage had been done three times at the 
 Castle of St. Louis, according to the terms of the grant; that Dansville, a French 
 officer, whether the original grantee or not he could not say, but the owner of it at 
 the time of the conquest, sold this, with all his seignorics in Canada, to Governor 
 Murray, the first English Governor of Quebec; Governor Murray sold them to Cal- 
 well, and Calwell bargained them to his father; and he, the present occupant, finally 
 became the purchaser of this and some seignories on the River Du Loup 
 
 JOHN G. DEANE. 
 
34S 
 
 . ippcnillx. Slate of Maine: 
 
 Ao. 43 . 
 
 Hancock, ss. 
 
 Depositions rnn- 
 cerning ilie l»mn 
 
 Be it remembered, that on this twenty-ninth day of December, in the year of our 
 IMfflfit Ï ° nC th 7 an<1 ei S ht i hundrcd and twenty-eight, the above named John G. Deane, 
 
 fcsq. personally appeared before me, the subscriber, a Justice of the Peace within 
 SKSSSS ™jV° r thC C0Unt y ° f Han COck, duly authorized by law to administer oaths and take 
 2ffîr«SÏÏ£ affidavits > a<»l ™de solemn oath, -according to the laws of this State, that the facts 
 
 stated in the foregoing deposition by him subscribed are true; which deposition I 
 
 have taken at the request of the Agents of the United States for settling the north 
 
 eastern boundary of said States 
 
 JOSHUA W. HATHAWAY, 
 
 Justice of the Peace. 
 
 a la 
 
APPENDIX, No. L. 
 
 EXTRACT 
 
 FBOM THE 
 
 CENSUS OF THE UNITED STATES, 
 
 FOR THE 
 
 DISTRICT OF MAINE, IN 1880. 
 
 Extract from the Census of A. D. 1820. 
 
 The number of Persons within my Division, consisting of 1,256, appears in a appendix. 
 Schedule hereto annexed, subscrihed by me, this second day of October, in the year No. 50. 
 one thousand eight hundred and twenty. 
 
 TRUE BRADBURY, 
 
 assistant to the Marsha/. 
 
 Extract fntra Ui<^ 
 Census of lie I'. 
 Stales of 18-20. 
 
 SCHEDULE 
 
 Of the whole number of Persons within the Division allotted to True Bradbury. 
 
 ' 
 
 
 
 
 Free 
 
 White Males. 
 
 
 F 
 
 ree White Females 
 
 
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 SE 
 
 £ 33 
 
 4'% 
 
 
 
 CJ 
 
 
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 = C 
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 s'ê 
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 £'» 
 
 u 
 
 fa 
 
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 CJ 
 Çj 
 
 fi 
 
 t*- ~ 
 
 si 
 
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 — -3 
 
 o - 
 
 -= _ 
 '— 
 
 « i 
 
 Names of 
 Heads of Families. 
 
 O 
 
 tn 
 
 t- 
 
 fcX 
 
 - 
 
 CJ 
 
 CJ 
 
 i 
 
 u 
 
 ÛJ 
 
 3 w 
 aj 
 
 % 
 
 oj 
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 5 = 
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 iS c 
 
 fa 
 
 ■a £ 
 
 u .5 
 
 <u be 
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 S "S 
 
 ■u 
 u 
 
 £ 
 
 Ë 
 
 CJ 
 
 QJ 
 
 1 
 
 11 
 
 fa . 
 
 .■§•? 
 
 fa 
 
 r. — 
 
 II 
 
 fa - 
 
 i > 
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 S' 
 
 fa 
 
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 " c 
 
 — ■« 
 
 11 
 OJ 
 En 
 
 fa 
 
 
 Samuel Kook . 
 
 
 ti. m 
 
 i in 
 
 ni io ia 
 
 it: to as 
 
 Il 4"i 
 
 4.'.- &i 
 
 m m 
 
 T., [fi 
 
 !.. 'S- 
 
 . ... 
 
 4.'> &r. 
 
 
 j> 
 
 o 
 
 
 
 
 1 
 
 1 
 
 2 
 
 
 1 
 
 
 
 William Williams 
 
 
 4 
 
 
 
 1 
 
 
 
 o 
 
 
 
 1 
 
 
 
 Joseph Helton . 
 
 
 
 
 
 2 
 
 
 1 
 
 
 
 1 
 
 
 1 
 
 
 James Holton . 
 
 
 3 
 
 
 
 ) 
 
 
 
 1 
 
 1 
 
 
 1 
 
 
 
 Samuel Holton 
 
 
 
 
 
 
 
 
 1 
 
 
 1 
 
 
 
 c 
 
 Samuel Kendall 
 
 
 
 
 
 1 
 
 
 2 
 
 
 
 
 
 1 
 
 
 Eieazer Pickard . 
 
 
 >> 
 
 
 
 4 
 
 
 
 3 
 
 
 
 1 
 
 
 c 
 
 Ebenczer Warner. 
 
 
 o 
 
 
 
 
 
 
 2 
 
 
 
 1 
 
 
 P« 
 
 Micajah Morrell . 
 
 
 
 
 1 
 
 1 
 
 
 
 
 
 
 1 
 
 
 5 
 
 James Taylor . . 
 
 
 o 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 'c 
 
 Amos Putnam . 
 
 
 1 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 Jacob Harrow . 
 Edmund Core . . 
 Thomas Osbon 
 Ephraim McCondar 
 William Averel 
 
 
 
 
 
 1 
 1 
 
 1 
 1 
 
 1 
 
 
 
 
 
 
 
 Joshua Putnam 
 
 
 o 
 
 V 
 
 
 
 o 
 
 
 1 1 
 
 1 
 
 1 
 
 3 
 
 1 
 
 
350 
 
 Appendix. 
 
 No. 50. 
 
 SCHEDULE— continued. 
 
 Extract Tromihe ■ - 
 Census of ihe U. 
 States of i*>0. 
 
 
 
 
 Free White Males. 
 
 Free White Females. 
 
 „ 
 
 
 
 
 tu 
 
 eu 
 
 m* 
 
 ai 
 
 
 
 ex 
 
 
 
 
 c 
 
 
 •o . 
 
 TJ 
 
 T3 
 
 be 
 
 
 *d . i "d ; 3 
 
 '_5 ,fi 
 
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352 
 
 appendix. 
 
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 2 
 
 1 
 
 
 
 
 
 
 Francis Martin, Jr. 
 
 1 
 
 3 
 
 o 
 
 
 1 
 
 
 1 
 
 2 
 
 
 1 
 
 
 
 
 
 Michael Martin 3d 
 
 1 
 
 3 
 
 
 1 
 
 1 
 
 1 
 
 
 2 
 
 1 
 
 
 
 
 
 
 Michael Serene 
 
 1 
 
 4 
 
 1 
 
 1 
 
 3 
 
 2 
 
 1 
 
 2 
 
 S 
 
 
 
 
 
 
 Lewis Belflour, Jr. 
 
 1 
 
 2 
 
 
 
 1 
 
 
 1 
 
 
 1 
 
 1 
 
 
 
 
 
 Anthony Gange . 
 
 
 3 
 
 1 
 
 
 
 1 
 
 
 2 
 
 2 
 
 
 1 
 
 
 
 j 
 
 Nicholas Peltiere . 
 
 1 
 
 O 
 
 3 
 
 1 
 
 3 
 
 
 1 
 
 3 
 
 1 
 
 3 
 
 
 
 
 ^ 
 
 Augustine Peltiere 
 
 
 1 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 Ah 
 
 Nicholas Peltiere, Jr 
 
 
 o 
 
 1 
 
 
 1 
 
 
 
 1 
 
 
 1 
 
 
 
 
 «3 
 
 Leon Belflour . 
 
 
 1 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 1 
 
 John Thibedore 
 
 1 
 
 3 
 
 o 
 
 
 
 1 
 
 
 1 
 
 1 
 
 
 1 
 
 
 
 rt 
 
 John B. Thihedore 
 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 
 1 
 
 
 
 1 
 
 
 
 53 
 
 Jean Sier 
 
 VI ichael Thibedore 
 David Thibedore . 
 Joseph Thibadore . 
 George Thibedore 
 Lewis Thibedore . 
 John B. 0. Thibedore 
 
 
 1 
 
 2 
 1 
 1 
 1 
 
 1 
 
 1 
 2 
 
 1 
 
 1 
 
 1 
 1 
 
 1 
 1 
 1 
 1 
 1 
 
 
 1 
 2 
 2 
 
 1 
 
 o 
 
 1 
 
 o 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 1 
 
 1 
 
 
 
 
 Francis Dorsett 
 
 1 
 
 2 
 
 1 
 
 
 
 1 
 
 1 
 
 l 
 
 2 
 
 
 1 
 
 
 
 
 Lurent Jenian . 
 
 1 
 
 1 
 
 2 
 
 1 
 
 1 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 Joseph Jenian . 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 Benjamin Lerassaus 
 
 1 
 
 1 
 
 1 
 
 
 
 1 
 
 
 
 
 1 
 
 
 
 
 
 Honerd Lerassaus 
 Total . 
 
 1 
 
 2 
 
 1 
 
 1 
 
 1 
 
 1 
 
 
 2 
 
 1 
 
 
 1 
 
 
 
 
 72 
 
 222 
 
 134 
 
 57 
 
 rrs" 
 
 1 10.5 
 
 45 
 
 193 
 
 102 
 
 85 
 
 i 88 
 
 24 
 
 
 United States of America, 
 Maine District, ss. 
 
 I, John Musscy, Clerk of the United States' District Court for Maine District, do 
 hereby certify whom it may concern, that the foregoing is a true and correct copy 
 from the original document, the same being one of the several returns of enumeration 
 of the Inhabitants of Maine District, as returned by the Marshal and his Assistants, 
 and which, in conformity to the Act providing for the enumeration of the inhabitants 
 of the United States, were laid before the Grand Jury of said District, for their inspec- 
 tion, at a District Court holden at Wiscasset, on the second Tuesday, being the eleventh 
 of September, in the year of our Lord one thousand eight hundred and twenty-one, 
 
 89* 
 
354 
 
 lippendix. and by them returned into Court, and subsequently filed in this office agreeably to the 
 
 provisions of said Act. 
 Extract from the In testimony whereof F have hereunto set my hand and the Seal of said 
 
 Ktates of 1820. District Court this sixteenth day of October, in the year of our Lord one 
 
 [l. s.] thousand eight hundred and twenty-eight, and of the Independence of 
 said United States the fifty-third. 
 
 JOHN MUSSEY. 
 
 United States of America, 
 Maine District, ss. 
 Be it known to all whom it may concern, that I, Ashur Ware, Judge of the United 
 States for Maine District, do hereby certify, that John Mussey is Clerk of the United 
 States' District Court for said District; and that the foregoing signature is the signature 
 of the said Mussey, and that full faith and credit are due to his official attestations. 
 
 In testimony whereof I have hereunto set my hand and caused the Seal of 
 said District Court to be affixed, this twentieth clay of October, in the year 
 [l. s.] of our Lord one thousand eight hundred and twenty-eight, and of the In- 
 dependence of the United States the fifty-third. 
 
 ASHUR WARE. 
 
APPENDIX No. LI. 
 
 GRANTS OF LAN» 
 
 THE COMMONWEALTH OF MASSACHUSETTS. 
 
 Commonwealth of Massachusetts. 
 
 By His Excellency Levi Lincoln, Esquire, Governor and Commander-in-Chief in Appendix. 
 and over said Commonwealth. To all whom it may concern: N " 5L 
 
 Know ye that George W. Coffin, Esquire, of Boston, is Land Grants of land 
 Agent of the Commonwealth of Massachusetts, in the said Com- wealth of Massa 
 
 tiii i i ..'iii i ■ chuselts. 
 
 [l. s.J monwealtn, duly constituted and commissioned, and that to lus 
 
 LEVI LINCOLN, act and attestations, as such, full faith and credit are and ought 
 to be given in and out of Court. 
 
 In testimony whereof, I have caused the Public Seal of the Commonwealth to be 
 hereunto affixed, this sixteenth day of August, A. D. 1S2S, and in the fifty-third 
 year of the Independence of the United States of America. 
 
 By His Excellency the Governor. 
 
 EDWARD D. BANGS, 
 Secretary oj the Commonwealths 
 
 ARTICLES OF AGREEMENT 
 
 i-'OR THE SALE, TO H. JACKSON AND KOYAL FLINT, Or CERTAIN LANDS IN THE EAST- 
 ERN PART OF MASSACHUSETTS. 18 APRIL, 1772. 
 
 Commonwealth of Massachusetts. 
 
 Articles of Agreement made and entered into this eighteenth day of April, one thou- mSt'fo'the'^ai'e 
 sand seven hundred and ninety-two, between Samuel Phillips, Leonard Jarvis, and h jacfeonai'id a! 
 John Read, a major part of the Committee for the sale of unappropriated Lands in the 
 Eastern parts of this Commonwealth on the first part, and Henry Jackson and Royal 
 Flint for themselves and associates of the second part, witness as follows, viz: 
 
 Article I. 
 
 It is hereby mutually covenanted and agreed by and between the said committee and 
 the said Jackson and Flint, that they the said Committee shall sell, and they do hereby, 
 in behalf of the said Commonwealth, contract to sell to the said Jackson and Flint, all 
 the lands belonging to this Commonwealth within the following bounds: South by 
 lands which were sold to said Jackson and Flint by contract dated the first day of 
 July last; Westerly by a line on the east side of the great Eastern branch of Penob- 
 scot river, at the distance of six miles therefrom; Easterly by the river Schoodick, 
 
356 
 
 appendix, and a line extending northerly from the source thereof to the Highlands, and North- 
 
 No. 51. er jy ky t jj e Highlands, or by the line described in the Treaty of Peace between the 
 
 Grants of land United States and His Britannic Majesty; excepting and reserving therefrom, four lots, 
 
 by the Common- _ . . , . « , , „ . . 
 
 ivea jf Massa- of three hundred and twenty acres each, to every township or tract ol land of six miles 
 
 square, to be appointed to the following purposes, viz: One for the first settled minis- 
 Articles of Acree- * ' ' ' . 
 
 m. m for the saie ter, one for the use of the ministry, one for the use ot schools, and one for the future 
 
 '■I certain lands lo ' J 
 
 H Jackson and A. appropriation of the General Court. The said lots to average in goodness and situa- 
 tion with the other lots in the respective townships; and also excepting and reserving 
 a tract or tracts (not exceeding five) equal in the whole to one tract of six miles by 
 thirty, to be reserved for the use of the Commonwealth, in such part or parts as the 
 said Committee shall judge best adapted for furnishing masts, in case such tract or tracts 
 shall be found, as, in the opinion of the said Committee, shall be suitable for this pur- 
 pose, and not otherwise. The said Tract or Tracts not to be laid out within six miles 
 of the Eastern or Western boundary lines, and to be located within two years from this 
 date. 
 
 Article II. 
 
 It is hereby further covenanted and agreed that the said Jackson and Flint shall, 
 and they do hereby contract to purchase of the said committee, all the lands specified 
 in the foregoing Article, and to pay to the Treasurer of the said Commonwealth, at 
 the rate of twenty-one cents for every acre of the land and water, that may be convey- 
 ed to them, conformably to the first article, and to allow an interest of six per centum 
 per annum, after twelve months from the date hereof, till paid; the payments to be 
 made at the periods, and in the proportions specified in the third article. 
 
 Article III. 
 
 It is further covenanted and agreed by the said Jackson and Flint, that calculating 
 the amount of all the land and water specified in the first article at the rate of twenty- 
 one cents per acre, and interest thereon after one year from the date of this contract, at 
 the rate of six per centum per annum, and allowing the interest to become principal at 
 the end of each yeai, on which interest is to be thenceforward calculated, they will pay 
 the amount of the whole principal and interest so calculated in the following manner; 
 that is to say, five thousand dollars in thirty days from the date hereof, and thirty thou- 
 sand dollars annually, until the whole of said principal and interest, calculated as afore- 
 said, is discharged; the first annual payment to be made on the eighteenth day of April, 
 one thousand seven hundred and ninety-three, and all the payments to be made in 
 specie. 
 
 Article IV. 
 
 In order to secure the fulfilment of the two preceding articles, the said Jackson and 
 V lint do hereby covenant and agree to procure personal security, such as the said com- 
 mittee shall approve of, to the amount of one-fourth part of all the lands, with the in- 
 terest thereon, calculated as in the preceding article; said securities to be divided into 
 as many parts as is stipulated in the foregoing article the same shall be paid in, and 
 such personal security shall be given for one-fourth part of the payments to be made 
 in each year, said obligations to be considered as security for part of the sum so stipu- 
 lated in said article to be annually paid. 
 
 Article V. 
 
 The said Committee do further covenant and agree, that the said Commonwealth 
 shall and will execute good and sufficient deeds of the lands aforementioned, to the said 
 Jackson and Flint, or their legal representatives, as often and whenever they shall have 
 paid for any quantity not less than one hundred and twenty-five thousand acres, at the 
 
357 
 
 price stipulated in this contract, subject however to the conditions expressed in the lâppendiot. 
 
 - ., . • i No. 51. 
 
 iollowing articles. 
 
 ARTICLE VI. Grants ol land 
 
 by (tie Coininon. 
 u ealUi "i Mu isa 
 It is hereby mutually covenanted and agreed by the parties, that should the said cl,UBetl ^_ 
 
 Jackson and Flint choose to make payment of any or all the sums specified in the ^enï'foMiw^ïîi 
 several instalments, prior to the respective periods when the same shall become due, ',',' '.link"',,. and A" 
 they may have a right so to do, and on the anticipation of such a payment, such a dis- 
 count shall be made therefrom, as shall leave a sum to be received by the treasurer of 
 the said Commonwealth, which, with an interest of six per centum per annum, paid 
 annually, would have completed the payment so anticipated at the period it would 
 have become due. 
 
 Article VII. 
 
 The said Jackson and Flint further covenant and agree to lay out the lands they 
 have stipulated to purchase into Townships of six miles square, or as nearly as circum- 
 stances will admit, and to place thereon four hundred inhabitants in live years, and 
 two hundred inhabitants annually afterwards, on one million acres, and in that propor- 
 tion on a larger or smaller quantity; and in such manner as that forty inhabitants shall 
 be settled on each township, in twelve years from the date of ibis covenant. 
 
 Article VIII. 
 
 It being an important object with the said Commonwealth to secure the settlement 
 of the lands in the manner expressed in the seventh article, it is hereby covenanted 
 and agreed by the said Jackson and Flint, that the said Commonwealth shall be held to 
 give deeds only for one half of the lands that ma) be paid for, till the terms of settle- 
 ment, as before expressed, are complied with, or until the stipulations in the ninth 
 article shall be fuliilled. 
 
 Article IX. 
 
 The said Jackson and Flint having a right to anticipate the payments stipulated in 
 the third article, it is hereby understood and agreed by the said Committee, that the 
 said Jackson and Flint shall, notwithstanding what is expressed in the eighth article, 
 be entitled to receive clear and complete deeds of the whole quantity of land paid for: 
 provided, that at the time of requiring such deeds, they shall have deposited in the 
 Treasury of the said Commonwealth, thirty dollars of the six per cent, stock of the 
 United States for each and every inhabitant deficient of the number stipulated to be 
 placed on the land; but it is understood that the number of inhabitants for which a de- 
 posit is to be made for the purpose of obtaining a deed of land which shall have been 
 «aid for, is to bear the same proportion to the quantity of lands for which deeds are 
 demanded, as forty inhabitants bears to one tewnship of six miles square. 
 
 Article X. 
 
 It is hereby further mutually covenanted and agreed, that the six per cent, stock 
 which may be deposited by the said Jackson and Flint in the Treasury of the Com- 
 monwealth of Massachusetts, to secure the settlement expressed in the seventh article, 
 shall be restored to the said Jackson and Flint, in proportion as they shall put the num- 
 ber of inhabitants on the land, at the several periods specified, and thirty dollars of the 
 aforesaid stock shall be forfeited to the said Commonwealth for each and every inhabi- 
 tant which shall be deficient of the number stipulated at the respective periods. The 
 interest accruing on the unforfeite I six per cent, stock, while in the Treasury as afore- 
 said, to be for the benefit of the said Jackson and Flint. 
 
 no- 
 
358 
 appendix. Article XI. 
 
 No. 51. 
 
 It is agreed by both the contracting parties, that within sixty days after the survey- 
 Grams of land ° J , .,•,,,, i ,, 
 
 by me Common- ors shall have returned a plan oi the tract of land hereby contracted to be sold, either 
 
 wealth of Massa- . 
 
 chusetta. the said Jackson or Flint being notified thereof, they, the said Jackson and Flint, will 
 
 Articles of Agree- ma fc e to the Treasurer of the Commonwealth other bonds for such sums as, with the 
 
 nu ni for the sale 7 
 
 ii. ' Jaekson a'Iîd k! bonds stipulated to be given by the fourth article shall complete the instalments men- 
 tioned in the third article, and payable at the same periods respectively as the bonds 
 last mentioned, and in the whole be equal to the amount of the lands purchased, and in- 
 terest thereon conformable to the said third article; and that the said Commonwealth 
 shall and will make and execute to the said Jackson and Flint, their heirs and assigns 
 forever, good and suffieent deeds with warranty, bearing even date with the bonds 
 abovementioned, each of the said deeds to convey such proportion of the tract or tracts 
 herein contracted to be sold, as fifteen thousand dollars are to the amount of all the 
 bonds aforesaid, beginning at the Southerly and progressing to the Northerly part of 
 the said land; all the deeds aforesaid to be deposited in the hands of three persons, such 
 as both the contracting parties shall agree on, and to be by them delivered to the Gran- 
 tees in the following manner, viz: one ef the said deeds on the payment of the bonds 
 which conformably to this and the fourth article shall become due on the eighteenth 
 day of April, seventeen hundred and ninety-three, and one other of the said deeds on 
 the payment of the bonds which shall become due at the expiration of each of the next 
 succeeding years, and one other of the said deeds to be delivered as aforesaid on the 
 performance of such proportion of the settling duty stipulated in the seventh and ninth 
 articles, as thirty thousand dollars are to the amount of all the bonds aforesaid. Pro- 
 vided, that no deed shall be delivered till the bonds which shall have become due, pre 
 vious to the bonds given for the lands described in the deed applied for, shall have been 
 cancelled. 
 
 Article XII. 
 
 It is hereby agreed by the said Committee, that the lands contracted for in this 
 agreement shall be surveyed by Surveyors, under oath, to be by them appointed 
 and within twelve months of this date, or as soon after as may be, at the expense of the 
 Commonwealth, and shall be exempted from State Taxes for the space of ten years, to 
 be calculated from the date hereof, and a plan of the land so surveyed shall be deliver- 
 ed to the said Jackson and Flint, within two months after the surveys are completed. 
 In witness whereof both the contracting parties before named, have hereunto in- 
 terchangeably set their hands and seals, the day and year herein first mentioned 
 Signed, sealed, and delivered in presence of us, 
 
 David Cobb, HENRY JACKSON, [l. s.] 
 
 Thomas Walcott, ROYAL FLINT, [l. s.] 
 
 Royal Flint, in presence of SAML. PHILLIPS, [l. s.] 
 
 David Cobb, LEO. JARVIS, [ L . s.] 
 
 Joseph Woodward, JOHN READ. [ L . s .] 
 
 Commonwealth of Massachusetts. 
 
 Land Office, Boston, 16th Jîugitst, 1S2S. 
 This certifies that the foregoing instrument is a true copy of the articles of agreement 
 to sell certain lands to Messrs. Jackson and Flint by the Committee for the sale of 
 Eastern lands, now on the files of this office. 
 
 Attest: GEO. W. COFFIN, 
 
 Land Jlgent 
 
359 
 
 Commonwealth of Massachusetts. Appendix. 
 
 No. 51. 
 
 By His Excellency Levi Lincoln, Esquire, Governor and Commander-in-Chief 
 
 in and over said Commonwealth. by Mii' n \\',',',,,'",'»' 
 
 wealth .ii Uogsa 
 
 /ball whom il mai/ concern: 
 
 " Grants m Wort 
 
 Know ye, That George VV. Coffin, Esquire, is Land Agent of tlir • 'n,':!,,; 1 ;;;!,'"""" m 
 Commonwealth of Massachusetts, in the said Commonwealth 
 [l. s.] duly constituted and commissioned, and that to his acts and at- 
 
 LEVI LINCOLN, testations, as such, full faith and credit are and out to he given in 
 and out of Court. 
 
 In testimony whereof, I have caused the Public Seal of the Commonwealth to be 
 hereunto affixed, this twenty-second day of September, A. D. 1S2S, and in the fifty- 
 third year of the Independence of the United States of America. 
 By His Excellency the Governor. 
 
 EDWARD D. BANGS, 
 Secretary of the Commonwealth, 
 
 GRANTS OF LAUD 
 TO THE WESTFIRLD AND DEERFIELD ACADEMIES. 
 
 Com mou wen II h of Massach usetls. 
 
 Resolved, That in pursuance of a report of a joint Committee, which has been ac- Resolve respecting 
 cepted by both branches of the Legislature; there be, and hereby is, granted to the fe!s S of°w«tfleM 
 Trustees of Westfield Academy, and to their Successors, one half Township of Land, l 
 of six miles square, for said Academy, to be laid out or assigned by the Committee 
 for the sale of Eastern lands, in some of the unappropriated lands in the District of 
 Maine, belonging to this Commonwealth, excepting all lands within six miles of Penob- 
 scot river, with the reservations and conditions of settlement which have usually been 
 made in cases of similar grants. Which said tract of land the said Trustees are here- 
 by empowered to use, improve, sell, or dispose of, as they may think most for the 
 
 benefit of said Institution. 
 
 In Senate, June 9th, 1797. 
 
 Sent down for concurrence. Read and accepted. 
 
 SAML. PHILLIPS, Brest 
 
 In the House of Representatives, June 10, 1797 
 
 Read and concurred. 
 
 EDWD. H. ROBBINS, Speaker. 
 Approved. 
 
 INCREASE SUMNER. 
 
 June 12, 1797. 
 
 Commonwealth of Massachusetts. 
 
 Secretary's Office. 
 I hereby certify, that the foregoing is a true copy of the original Resolve. 
 
 In testimony of which, I have hereunto affixed the Seal of the said Com- 
 monwealth, in my custody and possession, this twenty-second day of 
 [l. s.] September, in the year of our Lord one thousand eight hundred and 
 twenty-eight, and of the Independence of the United States of Ameri 
 
 ca the filiy-third. 
 
 J EDWARD D. BANGS, 
 
 Secretary of the Commonwealth. 
 
360 
 . ippendix. Commonwealth of Massach wefts. 
 
 \<i. 51. 
 
 Resolved, That in pursuance of a report of a joint Committee which has been ac- 
 by^CbmmTO-cepted by both branches of the Legislature; there be, and hereby is, granted to the 
 
 wealth of Masta- r . ~ i ir r m 
 
 chuseits. Trustees of Deerfield Academy, and to their successors torever, one halt ot a town- 
 
 Grants t,. West- sn ;„ f s ; x m jl e s square, for and to the use of said Academy, to be laid out or assigned 
 
 field and IteeMieia it' w 
 
 Académie* \ } y t ] le Committee for the sale of Eastern lands, in some of the unappropriated lands 
 
 J^'SSin the District of Maine belonging to this Commonwealth, excepting all lands within 
 
 A.'àdèmy'' 1 "'"''' six miles of Penobscot river, with the reservations and conditions of settlement which 
 
 have been usually made in cases of similar grants; which said tract ol land the said 
 
 trustees are hereby empowered ami authorized to use, improve, sell or dispose of, as 
 
 they may think most for the advantage of said institution. 
 
 In Senate, June \\th, 1797. 
 Read and accepted. Sent down for concurrence. 
 
 SAML. PHILLIPS, Prest. 
 
 In the House of Representatives, June 17, 1797. 
 Read and concurred. 
 
 EDWD. H. ROBBINS, Speaker. 
 
 June 19, 1797. 
 
 Approved. INCREASE SUMNER. 
 
 Commonwealth of Massachusetts. 
 
 Secretary's Office. 
 I hereby certify that the foregoing is a true copy of the original Resolve. 
 
 In testimony of which, I have hereunto affixed the Seal of the said Com- 
 monwealth, in my custody and possession, this twenty-second day of 
 [l. s.] September, in the year of our Lord one thousand eight hundred and 
 twenty-eight, and of the Independence of the United States of Ameri- 
 ca the fifty-third. 
 
 EDWARD D. BANGS, 
 Secretary of the Commonwealth. 
 
 Grant to HicTrus- To nil people to whom these presents shall come, Greeting : Whereas the Legisla- 
 Uademy. ture of the Commonwealth of Massachusetts did grant to the Trustees of Westlield 
 
 Academy, half a Township of land, by a resolve, bearing date the twelfth day of June, 
 seventeen hundred and ninety-seven; Now therefore know ye, that we, whose names 
 are undersigned, and seals affixed, appointed Agents by a resolve of the General Court, 
 passed the fifteenth day of March, eighteen hundred and five, to make and execute con- 
 veyances, and by virtue of other powers vested in us by the same resolve, do, by these 
 presents, in behalf of said Commonwealth, assign, relinquish and q^iit claim, unto the 
 Trustees of Westfield Academy, and their successors, to be by them holdcn in their 
 corporate capacity, for the use of said Academy, half a Township of Land, lying in the 
 County of Washington, or equal to the contents of six miles by three, as the same was 
 surveyed by Hoyt and Shepherd, in the vear eighteen hundred and five, bounded as 
 follows, viz: Beginning at the South-west angle of the Soldiers' Township (so called) 
 in which angle stands a Cedar tree, marked on the East side S. W. and S. T. and on 
 the West side, S. E. 1805 [mark]; thence running due West six miles to a Spruce tree, 
 marked on the East side S. W. S. W. E. H. 1S05 [mark] ; on the north side are the same 
 marks; thence north three miles to a small Fir marked 3 M.j thence East six miles to 
 the West line of said Soldiers' Township; thence South, three miles on said Soldier 
 Township to the Cedar first described: Conditioned however, that the said grantees, or 
 
3C1 
 
 their assigns, shall lay out and convey to each settler, who settled on said tract before Appendix 
 the first day of January, seventeen hundred and eighty-four, one hundred acres, to he _^_ 
 laid out so as best to include his improvements, and he least injurious to the adjoining c™i«rftand 
 lands: and that they shall settle on said tract, ten families in six years, including those »«ai£oi Ma»» 
 now settled thereon, and that they shall lay out three lots of one hundred and sixty G , antat ^ e8lflel( j 
 acres each, for the following uses, viz: One lot for the use of the ministry, one lot for •££*« *•* 
 the first settled minister, his heirs and assigns, and one lot for the use of schools in said Grnnt „,„„..,.,„„_ 
 tract. To have and to hold the same to the said Trustees, successors and assigns, on USdmij^'" 
 the conditions aforesaid forever. 
 
 And we the said Agents do covenant, that the said Commonwealth shall warrant and 
 defend the premises, against the lawful claims and demands of all persons. 
 
 In testimony whereof, we have hereunto set our hands and seals, this twentieth day 
 of September, eighteen hundred and six. ^^ ^^ ^ ^ 
 
 WM. SMITH, [l. s.] 
 Signed, sealed, and delivered in presence of 
 Mark Pickard, 
 George W. Coffin. 
 Suffolk, ss. Boston 20th September, 1806] 
 
 Acknowledge»/ oefore 
 
 JOS. MAY, Jus. Peace. 
 
 Commonwealth of Massachusetts. 
 
 Land Office, Boston, 20th September. 1S2S. 
 This certifies that the foregoing instrument is a true copy of the record in this office, 
 
 volume No. 3, page 129. 
 
 litest: GEORGE W. COFFIN, 
 
 Land Agent. 
 
 To all people to whom these presents shall come, Greeting: Whereas the Legislature g^rwftjTg- 
 of the Commonwealth of Massachusetts did grant to the Trustees of Deerfield Academy Academy. 
 half a Township of Land, by a resolve, hearing date the nineteenth day of June, seven- 
 teen hundred and ninety-seven: Now therefore know ye, that we whose names are un- 
 dersigned and seals affixed, appointed Agents by a resolve of the General Court ol the 
 Commonwealth aforesaid, passed the fifteenth day of March, eighteen hundred and five, 
 to make and execute conveyances, and by virtue of other powers vested in us by the 
 same resolve, do by these presents, in behalf of said Commonwealth, assign, relinquish 
 and quit claim unto the Trustees of Deerfield Academy, and their successors, to be by 
 them holden in their corporate capacity, for the use of said Academy, half a Township 
 of Land lying in the County of Washington, or equal to the contents of six miles by 
 three, as' the same was surveyed by Hoyt and Shepherd, in the year eighteen hundred 
 and five, bounded as follows, viz: Beginning at the North-west angle ot the Soldiers 
 Township, which is a Birch tree marked A. W. C. S. T. 108 [mark} on south-east side, on 
 the north side marked 115, on the south side 1*8 and spots, thence due West six miles 
 to a Fir tree marked N. W. W. S. E. H. 1805, [mark] on the south side, sameon the east 
 sid,- and the word comer on the S. E. side; thence south three miles to the North- 
 west corner of the half Township, laid out for Westfield Academy; thence East six 
 miles on said Westfield Academy land, to the Soldier Township; thence on said Sol- 
 dier Township, north to the Birch first described; conditioned however, that the said 
 grantees or their assigns, shall lay out and convey to each settler, who settled on said 
 Tract before the first day of January, seventeen hundred and eighty-four, one hundred 
 acres to be laid out so as best to include his improvements, and be least injurious to the 
 adjoining lands; and that they shall settle in said tract tea families in six years, indu- 
 
 Ol* 
 
3G2 
 
 Appendix, ding those now settled thereon; and that they shall lay out three lots of one hundred 
 
 and sixty acres each, for the following uses, viz: one lot for the use of the ministry, 
 
 Grams of land one lot lor the first settled minister, his heirs and assigns, and one lot for the use of 
 
 by the Common- . 
 
 wealth of Massa- schools in said tract. To have and to hold the same to the Trustees aforesaid, their 
 
 liusetis. 
 
 ciantsioWoMfipia 81 " 3005801 * 8 ant ' ass 'n ns > on the conditions aforesaid, forever. And we the said Agents 
 «ndDeerfieidAca-do covenant, that the said Commonwealth shall warrant and defend the premises 
 Grant r^theTrus a g amst the lawful claims and demands of all persons. In testimony whereof, we have 
 !'.',Tmy!'"'"' llA hereunto set our hands and seals, this twentieth day of September, eighteen hundred 
 and six. 
 
 JOHN READ, [l. s.] 
 WM. SMITH, [l. s.] 
 Signed, scaled and delivered in presence of 
 Mark Pickard, 
 Geo. W. Coffin. 
 Suffolk, ss. Boston, 20th September, 1S0G. 
 
 Acknowledged before 
 
 JOS. MAY, Jus. re a ce. 
 
 Com mon iceall h of Massach usef/s. 
 
 Land Office, Bos/on, 20/// September, 1S2S. 
 This certifies that the foregoing Deed is a true copy of the record in this office, vol- 
 ume Xo. 3, page 1-7. 
 
 Attest: GEO. W. COFFIN, 
 
 Land Agent. 
 
 Commonwealth of Massachusetts. 
 
 His Excellency Levi Lincoln, Esquire, Governor and Commander-in-Chief in and 
 
 over said Commonwealth. 
 
 To all whom it may concern: 
 Know ye, that George W. Coffin, Esquire, is Land Agent for the 
 Commonwealth of Massachusetts in the said Commonwealth, 
 [l. s.] duly constituted and commissioned, and that to his act and attes- 
 
 LEVI LINCOLN, tations, as such, full faith and credit are and ought to be given in 
 and out of Court. 
 In testimony whereof, I have caused the Public Seal of the Commonwealth to be 
 hereunto affixed, this 22d day of September, A. D. 1S2S, and in the fifty-third year 
 of the Independence of the United States of America. 
 
 By His Excellency the Governor. 
 
 EDWARD D. BANGS, 
 Secretary of the Commonwealth. 
 
 GRANTS 
 
 TO THE INHABITANTS OF THE TOWN OF PLYMOUTH. 
 
 Commomvealth of Massachusetts. 
 
 On the petition of the inhabitants of the town of Plymouth, praying for legislative 
 
 Granlto the inha- ' J ' J & ° 
 
 bitantBofUie town aid, for the security and preservation of their harbour, by repairing the beach men- 
 si riwwuuiii. J l ? j r o 
 
 tioned in said petition. 
 
1 03 
 
 =, t. be u, „„, „ d assigned „ tllcm !)V , he As > ,„ s ,. „ „,:;■;;; ;;; ;; ^" 
 
 <: .Tin- of in,, i 
 by Hi,' Commn 
 
 and restriction, cxcepting the ,„ rf ^SX^S» * ' ' 
 
 . n tt2^ 
 
 ■ . - rr§ or lllis _,,, ; aise and approp :^:zz^z:^z 
 
 to the above gran»; the whole to be applied and laid out under the direction of an 
 Agent o Agent , be appointed by h . s ExceIlen the Goyernor: c lee ,on o a 
 
 «he sa.d town of Plymouth shall cause the said Township to be surveyed and lo a 
 -d a plan thereo returned into the Land Office, within the tenn of tl re ear ' 
 
 February 20///, 1806. } 
 
 In Senate, read and accepted. 
 
 H. C. OTIS, 
 In the House of Representatives, March 4, 1806. President. 
 
 Read and concurred. 
 
 TIMOTHY BIGELOW, 
 
 , r , Sneaker. 
 
 March 4, 1S0G, approved. 
 
 CALEB STRONG. 
 
 CoMMONWEAETII OF MASSACHUSETTS, 
 
 I hereby certify that the foregoing is a true copy of the originafresX^ ? ^" 
 
 In testimony of which, I have hereunto affixed the Seal of the said 
 Commonwealth, in my custody and possession, this twenty-second 
 day of September, in the year of our Lord one thousand, eight 
 hundred and twenty-eight, and of the Independence of the Unit- 
 ed Stales of America, the fifty-third. 
 
 EDWARD D. BANGS, 
 Secretary of the Commonwealth. 
 
 To all people to whom these presents shall come, Greeting: 
 Whereas the Legislature of the Commonwealth of Massachusetts did grant to the 
 
 Town of Plymouth, a township of Land, by a resolve bearing date the fourth day of 
 
 March, eighteen hundred and six, 
 
 Now therefore Know ye, that we whose names are undersigned and seals affixed 
 
 appointed agents by the General Court of the Commonwealth aforesaid, by a resolve 
 
 passed the fifteenth day of March, eighteen hundred and five, to make and execute 
 conveyances, and by virtue of other powers vested in us by the same and other re- 
 solves, Do, by these presents, in behalf of said Commonwealth, assign, relinquish 
 and quit claim unto the Town of Plymouth, to be by them holdcn in their corporate 
 capacity, lor the use of said Town, all the right, title, and interest of said Common- 
 wealth, in and unto a tract of land lying in the County of Washington, equal to the con- 
 tents of six miles square, as the same was surveyed by Charles Turner, Junior, Esquire 
 in the year eighteen hundred and seven, bounded as follows, viz: Beginning at a Beech 
 tree marked S. E. C. P. standing on the Eastern boundary line of the District of 
 Maine, fifty-five miles north of the source of the Schoodic waters, and running north 
 th.rteen degrees East, six miles, to a Fir tree, marked sixty one miles; then°ce run- 
 ning West thirteen degrees North, six miles to a stake: thence running South thii- 
 
3G1 
 
 Appendix, teen degrees West, six miles, to a Maple tree, marked S. W. C. P. thence running 
 
 No - 51, East thirteen degrees South, six miles, to the Beech tree first mentioned; together 
 
 f ; ril „,H „.- land with all the Islands in those parts of the Aroostook river, which are included within 
 
 wesiflf dm!E- the aforesaid bounds, together with all the privileges and appurtenances thereto belong- 
 
 M _ i„g excepting and reserving for the use of the Commonwealth, and as a common high- 
 
 Grant to the inha- " ' ° . , , , -, ■ » 1 , ■ , 
 
 biiau^of the town wav forever, the main channel of the said liver Aroostook, in its course through the 
 
 Dl Plymouth. J ' . . , , , . ° 
 
 said Township; the said Township containing twenty three thousand and forty acres, 
 including the river Aroostook running through the same, as will more fully appear on 
 a plan of said Township, now lodged in the office of the aforesaid Agents. 
 
 To have and to hold the aforegranted premises, to the said Town of Plymouth or 
 their assigns forever, on condition however, that the said grantees or their assigns, 
 shall lay out and convey to each settler, who settled on said tract before the first day 
 of January, seventeen hundred and eighty four, one hundred acres of land, (in case of 
 the settler's decease without assignment, then to his heirs, and in case of assignment 
 then to the assigns) to be so laid out as best to include the improvements of the settler, 
 and be least injurious to the adjoining land; and that they shall settle in said tract twen- 
 ty families within six years, including those now settled thereon; and that they shall 
 lay out in said Township three lots of three hundred and twenty acres each, for the 
 following uses, viz: One lot for the use of the Ministry, one lot for the first settled 
 Minister, his heirs and assigns, and one lot for the use of schools in said tract; the said 
 lots to average in situation and quality with the other lands in said Township. 
 
 To have and to hold the aforegranted premises, to the said Town of Plymouth or 
 their assigns, on the conditions and reservations aforesaid, forever. 
 
 In Testimony whereof, we have hereunto set our hands and Seals, this nineteenth 
 day of December, eighteen hundred and seven. 
 
 Signed, sealed, and delivered in presence of 
 
 George W. Coffin, 
 
 Moses Greenleaf. 
 Suffolk, ss. Boston, 19 f h December, 1S07. 
 
 JOHN READ, [ L . s.] 
 WM. SMITH, [l. s.] 
 
 Acknowledged before 
 
 JOS. MAY, Jus. Peace. 
 
 Commonwealth of Massachusetts. 
 
 Land Office, Boston, 20th September, 182S. 
 This certifies that the foregoing deed is a true copy of the Record, in this office. Vol- 
 ume No. 3, page 273. 
 
 Attest: GEO. W. COFFIN, 
 
 Lund A^enl . 
 
 RESOLVES 
 
 OF THE COMMONWEALTH OF MASSACHUSETTS, RESPECTING GRANTS OF LAND TO 
 
 CERTAIN SOLDIERS. 
 
 Commonwealth of Massachusetts. 
 
 Whereas, in a rising republic, it is highly important to cherish that patriotism which 
 conquers a love of ease, of pleasure, and of wealth; which prompts individuals to a 
 love of their Country, and induces them to embrace every opportunity to advance its 
 prosperity and happiness, as well by ameliorating the fate of those citizens whom the 
 
365 
 
 fortune of war has. thrown into captivity, ashy cheerfully contributing to its support .appendix. 
 
 and defence: And whereas the love of enterprise, when guided by a just sense of pro- N "' 51 " 
 
 priety and benevolence, may become the parent of many virtues, and a State is some- Grant* of land 
 
 times indebted for its safety, to the virtues and undaunted courage of a single man: wealth .Vm! "'='.'' 
 
 And whereas the Senate and House of Representatives of this Commonwealth, are ' " — 
 
 i c i\ i r Tir -r-. -»-. Resolveabj tbe 
 
 desirous to perpetuate a remembrance oi the heroic, enterprise oi \\ m. Eaton, Esq. ''"" weal 
 
 , Massachusetts w 
 
 while enlaced in the service ot the United States, whose undaunted courage and bril- 8 P ectln e Grants ..i 
 
 ° ° ° land to certain sol 
 
 liant services so eminently contributed to release a large number of his fellow citizens, dlers - 
 late prisoners in Tripoli, from the chains of slavery, and to restore them to freedom, 
 their country, and their friends; Therefore Resolved, that the Committee for the 
 sale of eastern lands be, and they are hereby, authorized and directed to convey to 
 Wm. Eaton, Esq. a citizen of this Commonwealth, and to his heirs and assigns, a tract. 
 of land, to contain ten thousand acres, of any of the unappropriated land of this Com- 
 monwealth, in the District of Maine, (excepting the ten Townships on Penobscot river. ) 
 And be it further Resolved, That His Excellency the Governor be requested, as 
 soon as conveniently may be, to cause to be transmitted to the said Wm. Eaton, Esq. 
 an authentic copy of this resolution. 
 
 In Senate, February 25, 1S06. 
 Sent down for concurrence. 
 
 H. G. OTIS, Prest. 
 
 In the House or Representatives, March 3, 1S06'. 
 Read and concurred. 
 
 TIMOTHY BIGELOW, Speaker. 
 March 4, 1S06. Approved. 
 
 CALEB STRONG. 
 
 Commonwealth of Massachusetts. 
 
 Secretary's Office. 
 I hereby certify that the foregoing is a true copy of the original resolve. 
 
 In testimony of which, I have hereunto affixed the Seal of the said Com- 
 monwealth, in my custody and possession, this twenty-second day of Sep- 
 [l. s.] tember, in tbe year of our Lord one thousand eight hundred and twen- 
 ty-eight, and of the Independence of the United States of America the 
 
 liftv-third. 
 
 EDWARD D. BANGS, 
 
 Secretary of the Commonwealth 
 
 To all people to whom these presents shall come, Greeting: Whereas tbe Legisla- E ^™ ,tt0 w,1Uaa! 
 ture of tbe Commonwealth of Massachusetts, did grant to William Eaton, Esquire, 
 ten thousand acres of land, by a resolve bearing date the fourth day of March, eigh- 
 teen hundred and six: 
 
 Now therefore know ye, that we whose names are undersigned and seals affixed, 
 appointed Agents by the General Court of the Commonwealth aforesaid, by a resolve 
 passed the fifteenth day of March, eighteen hundred and five,, to make and execute 
 conveyances, and by virtue of other resolves, Do, by these presents, in behalf of said 
 Commonwealth, assign, relinquish, and quit claim unto William Eaton, of the town 
 of Brimfield, in the county of Hampden, and Commonwealth aforesaid, Esquire, 
 his heirs and assigns, all the right, title, and interest of said Commonwealth, in and 
 unto a tract of land lying in the County of Washington, containing ten thousand acres, 
 as the Same was surveyed by Charles Turner, Junior, Esquire, in the year eighteen 
 hundred and seven; bounded as follows, viz: Beginning at a Maple tree marked S. E. 
 92* 
 
366 
 
 Appendix. C. E. and S. W. E. P. being the South-west corner of Plymouth grant; Thence 
 
 West thirteen degrees North, two miles one hundred and ninety-four rods, to a stake 
 
 Grants of land being the South-west corner; thence North thirteen degrees East, six miles; thence 
 
 hy the Commun- T -, . . . or -i i i 1 r • r 
 
 wealth or Massa- .Last thirteen degrees south, two miles one hundred and ninety-lour rods, to the 
 
 chus6Hs. 
 
 North-west corner of a Township of land granted to the Town of Plymouth; thence 
 
 Resolves by the .... 
 
 commonwealth of South thirteen degrees West, six miles, on the line of said Plymouth Township, to 
 
 Massachusetts re- ° ^ * 
 
 specting grants of ^ e f lrs t mentioned bounds, together with all the Islands in those parts of the Aroos- 
 
 land to certain sol- ~ * 
 
 dlera ' took river, which are included within the aforesaid bounds, together with all the pri- 
 
 Eaton. 10 w '" iam vileges and appurtenances thereto belonging; excepting and reserving for the use of the 
 Commonwealth, and as a common highway forever, the main channel of the said river 
 Aroostook, in its course through the said tract of land: the said tract containing ten 
 thousand acres of land, including the river Aroostook running through the same, as 
 will more fully appear on a plan of said tract, now lodged in the office of the aforesaid 
 Agents: To have and to hold the aforegranted premises to him the said William Ea- 
 ton, his heirs and assigns forever. And we the said Agents do covenant, that the said 
 Commonwealth shall warrant and defend the premises, against the lawful claims of all 
 persons. 
 
 In testimony whereof, we have hereunto set our hands and seals, this twenty-eighth 
 day of January, eighteen hundred and eight. 
 
 JOHN READ, [l. s.] 
 WM. SMITH, [l. s.] 
 Signed, sealed, and delivered in presence of 
 Chas. Davis, 
 John S. Williams. 
 Suffolk, ss. Boston, 29th January, 1808. 
 
 Acknowledged before 
 
 CHAS. DAVIS, 
 
 Jus. Pacts. 
 Commonwealth of Massachusetts. 
 
 Land Office, Boston, 20th September, 1828. 
 This certifies that the foregoing Deed is a true copy of the record in this office, vol- 
 ume No. 3, page 289. 
 
 Attest: GEO. W. COFFIN* 
 
 " Land Agent. 
 
 Commonwealth of Massachusetts. 
 
 By His Excellency Levi Lincoln, Esquire, Governor and Commander-in-Chief 
 in and over said Commonwealth. 
 
 To all whom it may concern: 
 
 Know ye, that George W. Coffin, Esquire, is Land Agent of the 
 
 Commonwealth of Massachusetts, in the said Commonwealth, 
 
 [l. s.] duly constituted and commissioned, and that to his acts and at- 
 
 LEVI LINCOLN, testations, as such, full faith and credit are and ought to be given 
 
 in and out of Court. 
 
 In testimony whereof, I have caused the Public Seal of the Commonwealth to be 
 hereunto affixed, this twenty-second day of September, A. D. 1S2S, and in the fifty- 
 third year of the Independence of the United States of America. 
 By His Excellency the Governor. 
 
 EDWARD D. BANGS, 
 Secretary of the Cmnmonwealth. 
 
367 
 
 Commonwealth of Massachusetts. *lppendi.r. 
 
 No. 51. 
 Whereas application has heen made to this Court by a number of persons who 
 
 served in the late American army during the war with Great Britain, praying for a by ^"common'' 
 
 grant of some of the unappropriated lands in this Commonwealth, and as such a grant"!''''''''-'' ""? 
 
 will promote the settlement of such land, as well as be some reward to those Citizens ««oi™"*» fli« 
 
 i -. .1 r l i ... .. ' Commonwealth of 
 
 whose meritorious services in the field so essentially contributed to establish our indp Masgachueeu» re 
 
 j Tn r n i i i > ' Bpectlni; grans ..i 
 
 pendence: 1 hereiore, Kesolved that there he, and hereby is, granted to each non-com- ' a,ul local ' 
 missioned Officer and Soldier who enlisted into the late American Army to serve du- 
 ring the war with Great Britain, and who was returned as a part of this State's quot,; 
 of said army, and who did actually serve in said army the full term of three years, and 
 who were honorably discharged, and unto the children if any there be, if not to th» 
 widow of such non-commissioned Officer and Soldier, and to them only who enlisted 
 as aforesaid and died in said service, two hundred acres, to be laid out at the expense 
 of the Commonwealth, as soon as there shall appear a number sufficient to take up a 
 quantity of land that shall be equal to one Township of six miles square, to be divided 
 and appropriated under such regulations as the General Court shall hereafter prescribe 
 within the following limits, viz: beginning at the North-east corner of the land now 
 appropriated by the Committee for the sale of Eastern lands, on the Eastern line 
 of this Commonwealth; thence running west six miles; thence Northerly in a line par- 
 allel with the said Eastern boundary line, until a tract shall be completed sufficient for 
 each non-commissioned Officer and private Soldier, their children or widows as afore- 
 said; to have the aforesaid quantity of two hundred acres, or twenty dollars as an 
 equivalent for the aforesaid two hundred acres, to be paid out of the Treasury to the 
 Selectmen of the Town where any such non-commissioned Officer or Soldier their 
 children or widows as aforesaid, resides, for his or their use and benefit. 
 
 And it is further resolved that where any such non-commissioned Officer or Soldier 
 has deceased, or shall decease before he shall get possession of the land hereby granted 
 to him, his children or widow, as aforesaid, shall be entitled to the same, and in order 
 to secure to the said non-commissioned Officers and privates, and their children and 
 widows, as aforesaid, the benefits of this grant: 
 
 It is further resolved, that all deeds, mortgages or conveyances of, or bonds or con- 
 tracts of every description, concerning any of said lands which may be made by 
 any such non-commissioned Officer or private, or his children or widow, before the 
 same shall be laid out and have a settlement made thereon, and five acres thereof shall 
 have been brought under improvement, shall be null and void; provided always, that 
 no such non-commissioned Officer or Soldier, his children or widow, shall have any 
 benefit from this resolve, who shall not make application therefor within three years 
 from the time of passing this resolve, and who shall not make the aforesaid settlement 
 and cultivation within the term of six years. And the Secretary is directed to publish 
 I his resolve in such of the news papers printed in this Commonwealth as his Excellen- 
 cy the Governor may direct, six weeks successively, directly after passing the same. 
 
 In Senate, March 4th, 1S01. 
 Read and accepted as taken into a New Draft. Sent down for concurrence. 
 
 SAML. PHILLIPS, Prest. 
 
 In the House op Representatives, March 4th, 1S0I 
 Read and concurred. 
 
 EDWARD H. ROBBINS, Speaker. 
 March 5th, 1S01. Approved. 
 
 CALEB STRONG 
 
368 
 
 Jippendix. Commonwealth of Massachusetts. 
 
 Jio " ' Secretary's Office. 
 
 Grants of land \ hereby certify that the foregoing is a true copy of the original Resolve. 
 
 by the Common' j j oo *. * . *-». 
 
 wealth of Massa- j n testimony of which, I have hereunto affixed the Seal of the said Com- 
 
 chusetts. J 
 
 r s(ih7or nie monwealth, in my custody and possession, this twenty -second day of 
 
 Ma n s 5usetts h re! [l. s.] September, in the year of our Lord, one thousand eight hundred and 
 
 Bnd^wata 8 ^ twenty-eight, and of the Independence of the United States of America 
 
 t lie fifty-third. 
 
 EDWARD D. BANGS, 
 Secretary of the Commonwealth. 
 
 » 
 
 Grant to D.Fes Know all Men bv these presents, that I, the undersigned, whose seal is hereunto 
 
 senden. J k - 
 
 affixed, by virtue of powers vested in me by a resolve of the General Court of the 
 
 Commonwealth of Massachusetts, passed the twenty-seventh day of February, eigh- 
 teen hundred and thirteen, and pursuant to a resolve of said Court, passed the nine- 
 teenth day of February, eighteen hundred and thirteen, Do, by these presents, in be- 
 half of said Commonwealth, assign, relinquish, and. quit claim unto Benjamin Fessen- 
 den, of Boston, in the county of Suffolk, and Commonwealth aforesaid, his heirs and 
 assigns, all the right, title and interest of the said Commonwealth, in and unto a lot 
 of land situated and lying in a Township called Mar's Hill, or Soldier's township, in 
 the county of Washington, being numbered twenty-one, bounded as follows, viz: 
 North on lot number twenty-two, East on lot number nine, South on lot number 
 twenty, and West on lot number thirty-three, as the same was surveyed by Charles 
 Turner, Jr. in the month of September, eighteen hundred and four, as will more fully 
 appear on reference being had to the plan of said Township, now lodged in the Land 
 Office; containing two hundred acres. To have and to hold the aforegranted premises 
 to the said Benjamin Fesscnden, his heirs and assigns forever. In testimony whereof, 
 I have hereunto set my hand and Seal, this second day of March, eighteen hundred 
 and thirteen. 
 
 WILLIAM SMITH, [l. s.] 
 Signed, sealed and delivered in presence of us, 
 
 Titus Welles, 
 
 William Stevenson. 
 Suffolk, ss. Boston, 2d March, IS 13. 
 
 Acknowledged before WM. STEVENSON, Jus. Peace. 
 
 Commonwealth of Massachusetts. 
 
 Land Office, Boston, 22d September, 183S. 
 This certifies that the foregoing instrument is a true copy of the record in this office, 
 as recorded in volume No. 4, page 9; and that the resolve referred to in said instrument, 
 dated 19th February, 1813, transfers the making of deeds from the Secretary of the 
 Commonwealth to the Land Agents. 
 
 fittest: GEO. W. COFFIN, 
 
 Land disent. 
 
 'S' 
 
 Commomvealt h of Massachusetts. 
 
 Boston, June 6th, 1805. 
 certificat» respect- This certifies that Gustavus Aldrich, of Mendon, in the county of Worcester, a sol- 
 
 i£g a giant to G. J 
 
 Aidrich. ,ii er j n (h e i a t e American army, who was returned as a part of this State's quota of 
 
 said army, enlisted for during the war with Great Britain, served three years 
 after having so enlisted, and was honorably discharged, hath drawn lot No. 35 in a 
 Township of Land, called Mar\s Hill, located and lotted in the Eastern part of this 
 
36!) 
 
 Commonwealth, agreeably to a resolve of the General Court, passed March 9, 1804, and .appendix. 
 that the said lot contains two hundred acres, bounded Easterly by lot No. 23, South- No " 51- 
 erly by lot No. 34, Westerly by lot No. 47, and Northerly by lot No. 36, according ,,,,„„,. ,, r ,„„,, 
 to a plan of the survey of said Township, called Mar's Hill, taken by Charles Turner, SfeauS .mSSÏÏ 
 Jun. Esq. September, 1S04, and lodged in the Secretary's office; and that on return' ' M "~ — 
 of this certificate into the said Secretary's office, with satisfactory evidence that the ins .'■ gnuuto ft 
 duties required by a Resolve of the fifth of March, 1801, have been performed, within 
 four years from the ninth of March, 1S04, the said Gustavus Aldrich shall be entitled 
 to a deed of the said Lot of Land in fee simple, to be given by the Secretary in behalf 
 of the Commonwealth. 
 
 JOHN AVERY, Secretary. 
 
 Commonwealth of Massachusetts. 
 
 Land Office, Boston, 201 h September, 1828. 
 
 This certifies that the within certificate is a true copy of the original record in this 
 
 office. 
 
 Attest: GEO. W. COFFIN, 
 
 Land Agent. 
 
 93* 
 
APPENDIX, No. LII. 
 VOTE 
 
 OF 
 
 THE HOUSE OF REPRESENTATIVES 
 
 OF 
 
 THE STATE OF NEW HAMPSHIRE, 
 
 RELATION TO THE LINES BETWEEN THAT STATE AND THE COMMONWEALTH OF 
 MASSACHUSETTS, AND THE PROVINCE OF MAINE.— 7th FEBRUARY, 1789. 
 
 John Bell, Governor of the State of New Hampshire, to all ivho shall see these 
 
 presents — Greeting: 
 
 Know Ye, That Richard Bartlett, whose official certificate is borne on the paper 
 Appendix. hereunto annexed, is Secretary of the said State, duly constituted and sworn, and that 
 
 No 52 
 
 to his Acts and Attestations, as such, full Faith and Credit are, and ought to be, given, 
 
 vote of n Damp- in and out of Court, within and out of the State. 
 
 shire respecting 
 
 !hats"ate b Mas e s e a" * n tesl ' mon y whereof, I have caused the Seal of the State to be 
 
 thireetu,& Maine. hereunto affixed. Given under my hand, at Concord, this twenty- 
 
 [l. s.] sixth day of September, in the year of our Lord, one thou- 
 
 •JOHN BELL. sand eight hundred and twenty-eight, and in the fifty-third year 
 
 of the Independence of the United States of America. 
 
 STATE OF NEW HAMPSHIRE. 
 
 In the House of Representatives, February 7th, 1789. 
 
 looted, That the Honorable John Sullivan, Ebenezer Smith, Nathan Iloit, Joseph 
 Cram, and Jeremiah Eames, Esquires, be, and they hereby are, appointed a Com- 
 mittee to ascertain the unlocatcd lands within this State, by running the line between 
 this State and that part of the Commonwealth of Massachusetts formerly called the 
 Province of Maine, and the line between the northerly part of this State and the Pro- 
 vince of Canada, and return a descriptive plan thereof. 
 
 Sent up for concurrence. 
 
 THOS. BARTLETT, 
 
 Speaker. 
 In Senate, same day, read and concurred. 
 J. PEARSON, 
 
 Secretary. 
 A true copy of the original; examined September 26, 1828. 
 
 RICHARD BARTLETT, 
 
 Secretary of Slate. 
 
APPENDIX, No. LUI. 
 
 EXTRACTS 
 
 THE REPORT OF THE BRITISH COMMISSIONER. 
 
 UNDER THE 5TH ARTICLE OF THE TREATY OF GHENT. 
 
 Whereas the following boundary has been claimed on the part of his Britannic Ma- appendix. 
 jesty, before the said Commissioners, as the boundary of the United States truly intend- N " 53- 
 ed in the second article of the said treaty of Peace of 17S3, and referred to in the fifth Extracts from the 
 article of the said treaty of Ghent, namely, "that the north-west angle of Nova Scotia tisT'tammissio" 
 "should be ascertained and determined to be situate at or near Mars Hill, and to be Art. of the Treaty 
 
 -. till . « .. . ol Ghent. 
 
 "formed by the intersection ot a line drawn due north from the source of the River 
 
 First Extract. 
 
 "St. Croix with a line running from the north-westernmost head of Connecticut Riv- 
 "er along the highlands which divide the rivers that fall into the Atlantic Ocean, from 
 "those which fall into the River St. Lawrence; that is to say, along the highlands 
 " which divide the rivers Chaudière and De Loup, falling into the River St. Lawrence, 
 "from the rivers Androscoggin, Kennebec, and Penobscot, falling into the Atlantic 
 "Ocean; such line being continued along the highlands in that quarter, in such man- 
 "tier as to leave all the sources of all the branches of the said rivers Androscoaain, 
 "Kennebec, and Penobscot, south of such line, and within the territories of the United 
 "States, until it meets the said line drawn due north from the source of the River St; 
 "Croix at or near Mars Hill, as aforesaid: And that the north-westernmost head of 
 "Connecticut River should be ascertained and determined to be at the source of the 
 "north-westernmost stream falling into the uppermost or third lake delineated on the 
 " said map of the said River, laid down from the exploring survey thereof, as herein 
 "before mentioned; the said river being the only river ever known or called by the 
 " name of Connecticut, along the middle of which the boundary line is to run, from its 
 "said north-westernmost head to the point where the forty-fifth degree of north lati- 
 " tude, as lately ascertained by the astronomers as aforesaid, strikes the said River Con- 
 " necticut, and thence due west on the line of the said latitude to the point whence the 
 "said line of latitude has also been lately ascertained, by the said Astronomers as afore- 
 "said, to strike the River Iroquois or Cataraguy." That part of the same boundary, 
 thus claimed on the part of His Majesty, which extends from the north-west angle of 
 Nova Scotia to the north-westernmost head of Connecticut river, being marked on the 
 said map M, with a red line. 
 
 Therefore, the said Thomas Barclay, the said Commissioner on the part of His Bri- Second Extract, 
 tannic Majesty, in conformity with the provisions in that behalf of the said fifth article 
 of the treaty of Ghent ; now proceeds to make the following Report, as well to the 
 Government of His Britannic Majesty, as to that of the United States of America: 
 
 The question which has been first considered in point of order throughout thesediscus- 
 sions, is that relating to the north-west angle of Nova Scotia, designated and described 
 in the treaty of 17S3 as the oommencing point of the boundaries of the United States. 
 
372 
 
 Appendix. In the discussion of this question, the Agent of the United States produced in evidence 
 No. 53. the p roc i am ation of His late Majesty, King George the Third, dated on the 2d day of 
 F.xiraXftL the Octoher, 1763, establishing, among other things, the boundaries of the Province of Que- 
 * 6 Tcomm^TO« bee, and adverted more than once to this proclamation, as confirmatory of the claim 
 ïi" < rf I ?he S T«JS : exhibited by him on this occasion on the part of the United States; inferring therefrom, 
 that there existed, anterior to the treaty of 1783, a known north-west angle of Nova 
 second Extract. g co y a s j m ji ar m i oca lity to the one now claimed on the part of the United States. 
 The undersigned Commissioner therefore thinks it proper to state, in the outset, that 
 although by the proclamation of 1763 certain highlands were described as forming the 
 Southern boundary of the Province of Quebec, to which boundary the then Provinces 
 of Nova Scotia and of Maine extended in a northern direction, yet that the existence 
 and situation of these highlands were altogether uncertain, and this boundary remain- 
 ed altogether undefined and unsettled at the time of the treaty of 1783. The north- 
 west angle of Nova Scotia is therefore not referred to in the treaty, as a well known 
 and fixed limit, as is the River St. Croix, a part of the Eastern boundary of the United 
 States therein described; but, in order to prevent future disputes, the mode of forming 
 thisano-le is expressly pointed out in the treaty itsel£ Doubts having arisen with re- 
 gard to the River St. Croix truly intended in the treaty of 1783, these doubts have 
 since been settled by Commissioners appointed by the two Governments under the fifth 
 article of the treaty of 1794, who formed their decision upon evidence, adduced before 
 them of the river anciently designated and uniformly known by that name. 
 
 But with regard to the present question, the undersigned Commissioner fully concurs 
 in Ihe correctness of the sentiments of the Agent of the United States, under the above 
 mentioned article of the treaty of 1794, the late Mr. Sullivan, who, in passages of his 
 arguments on that occasion, quoted by His Majesty's Agent in the course of these dis- 
 cussions, expresses himself as follows: 
 
 " The highlands had in the year 1763 been made the boundary of Quebec, or the 
 " Lower Canada boundary, but where the boundaries or highlands are, is yet resting on 
 " the wing of imagination," and " the point of the locality of the north-west angle is 
 " to be the investigation of the next century." 
 
 The undersigned Commissioner is thus entirely of opinion that the point designa- 
 ted, in the treaty of 1783, as the north-west angle of Nova Scotia, is to be ascertained 
 and determined solely by a reference and attention to the provisions of that treaty, and 
 to the declared views and intentions of the framers of it. 
 
 riiird Extract. From the arguments of the Agents of both nations, and the evidence produced in 
 support of them, copious extracts of which have place in this report, and in the appen- 
 dix which accompanies it, the undersigned Commissioner considers the following re- 
 sults to be evident: 
 
 1st. That the north-west angle of Nova Scotia, agreeably to the fair construction of the 
 treaty of Peace of 1783, and of the treaty of Ghent in 1S14, is situate at Mars Hill, the 
 first highland which the due north line from the source of the River St. Croix encoun- 
 ters, distant about 40 miles from the source of the said river St. Croix; and that the 
 line extending thence along the highlands, in a westerly direction, described by the 
 red line on the general map made by his Majesty's principal Surveyor, does divide, 
 as directed in and by both those treaties, the rivers which empty themselves into the 
 river St. Lawrence, from those which fall into the Atlantic Ocean; thus in every par- 
 ticular satisfying the words of the above named treaties, and corresponding with the 
 obvious intentions of the Framers of them. In proof of this, the undersigned Com- 
 missioner begs leave to refer to the reports, (contained in the appendix to this report,) 
 of William F. Odell, His Majesty's principal Surveyor, and of Mr. Campbell, Mr. 
 Carlile, and Mr. Loss, Deputy Surveyors, and of Doctor Tiarks, I lis Majesty's As- 
 tronomer, which he considers full and satisfactory; and the more so, as no evidence 
 
373 
 
 has been offered on the part of the United States, to rebut, or deny, the truth of these Appendix. 
 reports. N "- 53 - 
 
 2dly. That it was not contemplated nor intended by the Framers of the Treaty of Extracu from iba 
 17S3, that the due north line from the source of the river St. Croix should extend be- twicommi»-!. ner 
 yond the River St. John, but that the north-west angle would be found, and was to be c!è oî iue Treat» 
 established, as will appear in the sequel of these remarks, at some point of highland 
 
 _ £ . Tllird KxtMCt.- 
 
 between the river St. Croix and the river St. John. 
 
 3dly. That the extension of the due north line from the source of the river St. Croix 
 to Beaver Stream, claimed on the part of the United States as the north-west angle of 
 Nova Scotia, does not agree with the description contained in cither of the said Trea- 
 ties. That it is unsupported by any evidence, and manifestly contrary, not only to the 
 intentions of the Framers of the Treaties, but to the repeated instructions of the Ameri- 
 can Congress to its Ministers, on the subject of the Treaty they were directed to con- 
 clude between His Britannic Majesty and the United States of America. These two 
 last propositions will now be considered under the same head. 
 
 The extension of the due north line beyond the river St. John, does not agree with 
 the words of either of the said treaties, which direct, that the due north line from the 
 source of the River St. Croix shall extend to the highlands, evidently meaning the first 
 highlands, corresponding with the subsequent description, at which that line should 
 arrive; for if the Framers of the treaty had other highlands in contemplation, further 
 north, they would have excluded the first highlands by an express exception of them. 
 
 Both these treaties designate the particular rivers which are to be divided by the 
 highlands, (or the west line) from the north-west angle of Nova Scotia to the Connec- 
 ticut River; namely, those that empty into the River St. Lawrence, and those which 
 fall into the Atlantic Ocean; and the whole of these rivers, from their sources, are to be 
 thus divided-. No mention is made, that this due north line from the source of the 
 river St. Croix to the Highlands, shall or will, or possibly may, intersect any river, 
 and by such intersection so divide such river as to allot one part of it, and the circum- 
 jacent territory, to the United States, and leave the remainder within His Majesty's 
 Territories. By extending the due north line, as suggested on the part of the United 
 States, to Beaver Stream, the river St. John, which falls into the Bay of Fundy, and the 
 River Restigouche, which falls into the Gulph of St. Lawrence, are intersected, and by 
 this means all the lands south-west of this intersection fall within the limits of the 
 United States, which certainly was not in the contemplation of the Framers of the 
 Treaty, nor of Congress itself, as the undersigned Commissioner believes will appear 
 in a subsequent part of these remarks. 
 
 The Agent of the United States, in order to establish his position, that the north-west 
 angle of Nova Scotia is at Beaver Stream, commences his argument with a geographi- 
 cal description of Continents and Ocean, designating Rivers, Bays, and Gulfs, the 
 first of which he includes within the limits of a Continent, and the two latter he states 
 to be part of the Ocean; and he adds that the Framers of the said Treaties intended 
 to include the rivers St. John and Restigouche in the number of rivers which fall into 
 the Ocean: upon the principle that the Bay of Fundy and Gulf of St. Lawrence are 
 parts and parcels of the Atlantic Ocean. 
 
 The undersigned Commissioner admits that the above definition of the American 
 Agent, taken in its most extensive signification is correct; still he is satisfied that this 
 definition is controlled, (as definitions frequently are,) by distinctions and exceptions 
 which take it out of the common rule. Bays and Gulfs are arms of the Sea; specific 
 names are given to such Bays and Gulfs, when of magnitude, to distinguish them from 
 the great body of water of which they form a part. Throughout the Treaty of 1783, 
 the distinction is kept up between the Atlantic Ocean and the Bay of Fundy. As the 
 
 94* 
 
374 
 
 Appendix, various instances of this distinction are particularly noticed in the argument of His 
 
 No. 53. Majesty's Agent, the undersigned Commissioner will not repeat them. 
 Extract* !>..„. the He begs leave, however, to state one, which has escaped the attention of the Bri- 
 llTt'ô.mn'.'ïinMrr tish Agent. The following is the last sentence in the 2d article of the Treaty of 1783. 
 ciëoniieTreatyof " East by a line to be drawn along the middle of the river St. Croix from its mouth 
 — " in the Ray of Fundy to its source; and from its source directly north to the aforc- 
 
 " said highlands, which divide the rivers which 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 of Nova Scotia ou 
 "the one part, and Easl Florida on the other, shall respectively touch the Ray of 
 "Fundy and the Atlantic Ocean, excepting such Islands as now are, or heretofore 
 " have been , within the limits of the said Province of Nova Scotia." 
 
 Now, if the words Ray of Fundy were not intended to be used in contradistinc- 
 tion to those of Atlantic Ocean, why were they adopted in this part of the article? 
 
 The Agent of the United States attempts, by anticipation, to answer the question, 
 by saying " that as the River St. Mary's did not empty into a Bay or Gulf, but di- 
 " rectly into the Atlantic Ocean, and as the River St. Croix did fall into the Bay of Fun- 
 " dy" (a part as he insists upon it, of the Atlantic Ocean) " it became necessary, in es- 
 tablishing these boundaries with regard to Islands within twenty leagues of the shores 
 "of the United States, to use the words Ray of Fundy and Atlantic Ocean." 
 
 The undersigned Commissioner is of opinion, that the words Ray of Fundy, in this 
 last sentence of the 2d article of the Treaty of 17S3, are superfluous, admitting the ar- 
 gument of the American Agent to be correct; because if under the words Atlantic 
 Ocean, the Ray of Fundy is intended to be included, the intent would be equally 
 evident, and certainly more correctly expressed, by omitting the words Ruy of Fundy. 
 The following contrast will evince the truth of this observation. 
 The words of the treaty of 1783: " com- The words of the Treaty of 1783, omit- 
 " prehending all Islands within twenty ting the words "Bay of Fundy:" " com- 
 " leagues of any part of the shores of the "prehending all Islands within twenty- 
 " United States, and lying between lines " leagues of any part of the shores of the 
 "to be drawn due East from the points " United States, and lying between lines to 
 tl where the aforesaid boundaries between "be drawn due East from the points where 
 "Nova Scotia on the one part, and East "the aforesaid boundaries between Nova 
 ''Florida on the other, shall respectively " Scotia on the one part, and East Flori- 
 " touch the Bay of Fundy and the Atlan- " da on the other, shall respectively touch 
 '• tic Ocean." " the Atlantic Ocean. " 
 
 In the extract from the 2d article of the Treaty of 1 783, immediately before recited 
 the words Bay of Fundy are used, and were evidently intended, to be placed in con- 
 trast to the words Atlantic Ocean. The Framers of the Treaty invariably kept up 
 the distinction, and in no one instance is there an expression in the Treaty which can 
 justify the construction, contended for on the part of the United States, that in and 
 by the words Atlantic Ocean, the Rivers which empty into the Bay of Fundy and 
 Gulf of St. Lawrence were intended to be included. Had the River St. John and the 
 River Restigouche been intended to be included in the description of Rivers which 
 tall into the Atlantic Ocean, is it not more than probable, that those rivers would have 
 been particularly described and named, as having their mouths in the Bay of Fundy 
 and Gulf of St. Lawrence, but ultimately emptying into the Atlantic Ocean. The 
 River St. John in particular, about which so much had been said by the different Min- 
 isters who framed the Treaty, and which river had been proposed as a part of the 
 Boundary which was to limit the United States to the North-East. 
 
 Had the words Ruy of Fundy and Gulf of St. Lawrence not been used in the 
 Treaty, there might have been some grounds for the American Agent to rest his ar- 
 
375 
 
 gument upon, that this Gulf and that Bay were meant to he included in the more com- Appendia 
 prehensive words Atlantic Ocean, but this is not the case. His reasoning on this is in No - 5:! - 
 point, however, with respect to the Bays of Penobscot and Sagadahock, of which no Bxirncu from the 
 mention is made in the treaty, nor are even the Rivers Penobscot and Kennebec nam- "«TcimmiMionel 
 ed therein; hence it is evident that these unnamed rivers were those intended to be "i° "r the t«"i: 
 described by the words "those which fall into the Atlantic Ocean." " — 
 
 It is obvious that the words " Highlands which divide those rivers that empty them- 
 " selves into the River St. Lawrence from those which fall into the Atlantic Ocean," 
 used in the said 2d article of the treaty of 1783, were taken from the proclamation of 
 His Majesty of the 7th of October, 17G3, in which the boundaries of the Government 
 of Quebec, in that quarter which rdatesto the present subject, are described as com- 
 mencing at the 4.jth degree of north latitude, on Lake Champlain, and "passes" (in a 
 North-Easterly direction) " along the highlands which divide the Rivers that empty 
 "themselves into the said River St. Lawrence from those which fall into the Sea;" 
 but in the treaty of 1783 the Boundary of the United States of America commences, 
 "from the north-west angle of Nova Scotia, to wit: 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. 
 '' Lawrewee from those which fall into the Atlantic Ocean." This change of order 
 in describing the Boundaries, while it cannot alter their courses or distances, material- 
 ly aBects the descriptive part of them, and might mislead a person not fully master 
 of the subject. 
 
 This will appear evident by an examination of the general map exhibited on the 
 part of His Majesty, and even on the general map on the part of the United States, 
 objected to for incorrectness in other parts of it. Both these maps represent the high- 
 lands mentioned in the Proclamation of 1763, and in the Treaty of 1783. If the de- 
 scription in the Proclamation is taken, it will be seen that the Highlands named there- 
 in do divide the Rivers therein mentioned, almost at the very commencement of those 
 Highlands, on the East side of Connecticut River, and that the sources of those rivers, 
 so to be divided, lay within a very narrow space of each other, to wit: the Rivers 
 Chaudière and Du Loup, and the Rivers Androscoggin, Penobscot, and Kennebec. 
 
 The contiguity of the sources of these rivers each to the other, and their taking 
 such opposite direction, to unite with the Ocean, and their being thus divided, or sepa- 
 rated, by conspicuous Highlands, render the description used in the proclamation and 
 in the treaty, particularly applicable. There is this difference, however, between the 
 description in the Proclamation and in the Treaty; that what was first described and 
 first in situation, in the Proclamation, is last in the Treaty. The highlands which di- 
 vide the Rivers, so described to be divided, are near the Connecticut River, and dis- 
 tant from the due north line from the source of the River St. Croix: but Mars Hill is 
 the highland which the due north line first meets, from which Hill there is a continua- 
 tion of Highlands, among which those Highlands spoken of in the Proclamation are to 
 be found, and which form a part of those Highlands named in the Treaty. 
 
 It is obvious that the order of description in the Treaty of 17S3, was reversed from 
 the Proclamation, its prototype, and hence arises the error of the Agent on the part of 
 the United States, who contends that the due north line from the source of tho River 
 St. Croix, is to be extended until it arrives at Highlands which divide the Rivers, 
 
 &c. &.c. &c. 
 
 But this is not the fact; the words of the Treaty are, "due north from the source of 
 " the St. Croix River to the Highlands, along the said Highlands which divide those 
 "Rivers," &c. &c. &jc. 
 
 Now what does the word along in its ordinary signification import ? Certainly a 
 continuation of those Highlands, in which continuation will befound Highlands which 
 divide the Rivers, &c. &c. Sec. 
 
376 
 
 .appendix Indeed the word along, used in the Treaty of 17S3, is, in this instance synonymous 
 
 No. 53. w j tn tne worc i p ass i n g i n the Proclamation. 
 
 Entracte ir.™ the Had the Highlands to be met with on the due north line been intended to be those 
 
 tishCommis^ioner which divide the Rivers, the words of the Treaty would have been; "due north from 
 
 . ie of ni.- Treaty « the source of the St. Croix River to the Highlands which divide lliose Rivers which 
 
 " emntv themselves into the St. Lawrence from those which fall into the Atlantic Ocean." 
 
 Third Estract. ' J .... . ..... . ,. 
 
 The reverse is the case; the due north line is to stop at the Highlands, and from 
 thence a second line is to commence, (which two lines form the north-west angle of 
 Nova Scotia,) and proceed in a westerly direction along or passing those High- 
 lands which divide the Rivers, &c. &c. &c. 
 
 It is apparent on the face of the general map, that the line claimed on the part of 
 his Majesty, the red line, from Mars Hill to the north-westernmost head of Connecti- 
 cut River, is nearly straight; while the line, a blue line, claimed on the part of the 
 United States, winds and changes its course in a variety of directions, and from its 
 being extended so far north, in order to embrace the River St. John and Restigouche, 
 it becomes eventually necessary to change its course South, and in a part of itevento 
 the Eastward of South; and this for no other purpose, as it regards the extension of 
 the due north line, than to include within it these two last name<l Rivers; for the 
 American Agent has expressly acknowledged in his argument, that unless the Rivers 
 St. John and Restigouche are decided to be part of the rivers which fall into the At- 
 lantic Ocean, the American claim falls to the ground. 
 
 Again it is pre-requisite to have it proved that the members who composed the 
 American Congress, from the year 1779 to the year 1782, and not only the American 
 Ministers Plenipotentiary, but also those of His Majesty, were deficient in common 
 sense, and devoid of forethought and reflection, before we car» admit that they, or any 
 of them, contemplated that the due north line from the source of the River St. Croix, 
 was to be extended over, and beyond, the River St. John; nay that it was to, or might 
 be extended upwards of sixty miles north of that River, beloreit arrived at the High- 
 lands forming the north-west angle of Nova Scotia. 
 
 The undersigned Commissioner founds this remark on the following reasons, and the 
 evidence in support of them. Had such an extent of the due north line, from the 
 source of the River St. Croix, been intended by Congress, or by the American Pleni- 
 potentiaries, neither of them would have proposed that " the middle of the River St. 
 ; ' John, from its source to its mouth in the Bay of Fundy," should be the boundary 
 which was to divide that part of the United Stales, from the remaining part apper- 
 taining to His Majesty; thereby accepting, nay voluntarily offering, "in limine," to 
 accept a lesser extent of Country for a greater. In like manner, had His Majesty's 
 Plenipotentiaries conceived by the words proposed to be used in the 2d Article of the 
 Treaty of 17S3, that the due north line would, or by any possibility might, extend 
 sixty or seventy miles north of the River St. John before it arrived at the Highlands, 
 they most assuredly would have acceded to the first proposal of the American Plenipo- 
 tentiaries to make the River St. John the dividing boundary in that quarter, thereby 
 preserving to His Majesty all the territory North and East of that River. In confirma- 
 tion of this, the undersigned Commissioner has had the general map, which accompa- 
 nies this report, carefully examined by Dr. Tiarks, His Majesty's Astronomer, who 
 has reported as follows: " There are contained, from the intersection of the River St. 
 "John, by the due north line to its mouth, along the coast to the River St. Croix, and 
 " from the mouth of the River St. Croix to its source, thence along the north line to its 
 " intersection with the said River St. John, - square miles 4 1Q6 
 
 " From the British line from Mars Hill, in a westerly direction, to 
 " its junction with the American line, thence to the source of the 
 "River St. John and down the River to its intersection with the 
 " north line, thence along this line to Mars Hill, about V - square miles 5592 
 
377 
 
 From the River St. John from its intersection with the north *ippendix, 
 
 line to its source, thence to the junction of the two Lines, as re- "o. ; "- 
 
 "spectively claimed by each nation, along the American Boun- ;j, „. i,.„„ n. 
 
 K< |ii>!i ni in- i. i 
 
 1-1. (' mi-ii Ill r 
 
 mnl. I tin jilj All. 
 
 " dary line to Beaver Stream, and thence along the north line to i, Tr.',.',',;, ,',!',, ,,ïr 
 
 " its intersection with the River St. John, about - square miles .>."> l .; • i oi uù i. 
 
 1 oi Glieni. 
 
 TliiidK.vu... i. 
 
 "Territory in dispute, - - - - square miles 1 0705 
 
 "■Territory which the United States would have gained, if the 
 
 •'River St. John from its source to its mouth had been the bounda- 
 
 " ry line of the two nations, - square miles A 106 
 
 "Territory which the United States now claim beyond the River 
 
 "St. John, ....... square miles 51.1.3 
 
 ''Territory which the United States will gain by their present 
 "claim, beyond the Territory which would hive accrued to them 
 '• by the River St John being made the Boundary, as originally 
 " proposed by Congress, ----- - square miles 70? 
 
 Any remark upon this statement of His Majesty's Astronomer is unnecessary. 
 The American Plenipotentiaries were instructed by Congress to endeavour to ob- 
 tain the River St. John, from its mouth in the Ray of Fundy to its source, as the east- 
 ern line which was to divide the United States from Nova Scotia and Canada. Mr. 
 Adams, one of the \merican Plenipotentiaries, in his deposition, states, "that one of 
 " the American Ministers proposed the River St John to be the line abovementioned, 
 " but his colleagues observing that as St. Croix was the River mentioned in the Charter 
 "of Massachusetts Bay, they could not justify insisting on St. John, as an ultimatum, he 
 "agreed with them to adhere to the Charter of Massachusetts Bay." From this tes- 
 timony it is evident, that the American Ministers agreed to relinquish all claim to the 
 middle of the River St. John, and to accept a more southern boundary, to wit: the 
 River St. Croix at or near its source. Now if the claim of the United States to the 
 middle of the River St. John, from its mouth to its source, could not be justified; and 
 we are bound to believe this, as the evidence is derived from the American Minister 
 "a fortiori;" a claim extending over, and sixty-six miles beyond, that River, cannot 
 be justified. From the current of Mr. Adams' testimony it is apparent, that the 
 American Plenipotentiaries accepted a more contracted limit, than the River St. John, 
 for the north-eastern boundary of the United States. 
 
 Had Congress, or the American Ministers who framed the Treaty of 17S3, consid- 
 ered it possible, that the due north line from the source of the River St. Croix, in its 
 course to the Highlands, might extend to Beaver Stream, or even so far north as only 
 to cross the River St. John and Restigouche, whereby, as has before been remarked, 
 a large portion of territory to the south-west of this due north line would fall within 
 the limits of the United States, is it to be believed that, under such an impression, 
 Congress would not have instructed its Ministers, or that those Ministers would not 
 have had the precaution, to have a clause inserted in the treaty, that, in such an event, 
 the citizens of the United States should be allowed to navigate such parts of the Riv- 
 ers St. John and Restigouche as lay within His Majesty's Territory, to wit: from the 
 line of intersection of those Rivers, to their mouths in the Bay of Fundy and Gulf of 
 St. Lawrence? Can the right to take Fish in the Gulf of St. Lawrence bear any com- 
 parison with the free use of the waters of the Rivers St. John and Restigouche? Un- 
 questionably not. Still, with regard to this right to take Fish in the Gulf of St. Law- 
 rence is, we perceive the prudence and good sense of the American Ministers led 
 them to secure it, by express words in the Treaty of 17S3, while not a word is said 
 with regard to the rights of the citizens of the United States to the use of such parts of 
 the abovementioned Rivers, as were comprehended within His Majesty's Territories. 
 Upon a view of the whole matter, the undersigned Commissioner on the part of His 
 Britannic Majesty, after a full consideration of, and deliberation upon, the arguments 
 
 95* 
 
378 
 
 Appendix, of the Agents of the respective Governments, upon the subject of " that point of the 
 
 No. 53. { , highlands laying due north from the source of the River St. Croix, and designated in 
 
 E.Ttra^7~m the " the former Treaty of Peace between the two powers as the north-west angle of Nova 
 
 Us£c5mmfcrin 1 nei " Scotia," being the first point to be ascertained by the present Commissioners under 
 
 ctoMTtheTreaty of the fifth article of the Treaty of Ghent, is of opinion, that, consistently with a due re- 
 
 '' cut ' — nard to the obvious meaning of the plain and intelligible words made use of by the 
 
 Third Extract. " , . , , ,. ... 
 
 Jramers of the said former treaty ot peace, between the two powers, to express their in- 
 tentions on this point, and consistently with the geographical distinctions so carefully 
 made by them between the different places alluded to, in their designation of the boun- 
 daries of the United States, neither the waters of the River Restigouche, nor the waters 
 of the River St. John, can be considered, within the meaning of the treaty, as falling 
 into the Atlantic Ocean, and that the 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, is that point which intersects 
 the Highlands at or near the mountain or hill called Mars Hill; and is distant about 
 forty miles, on a line due north, from the source of the River St. Croix. 
 
 And the undersigned Commissioner on the part of his Britannic Majesty is further 
 of opinion, that if any doubt could remain upon this subject, it must be entirely remov- 
 ed by the full, complete, and satisfactory evidence, arising out of the testimony of Mr. 
 Adams, one of the Ministers on the part of the United States that negotiated the said 
 former treaty of Peace, and out of the journals of the Congress of the United States, in 
 their instructions to the negotiators of the treaty on their part, and out of the expres- 
 sions of the treaty itself. 
 
 Fourtii Extract. The undersigned Commissioner has thus stated, in detail, the grounds upon which the 
 Agents of the two Governments have endeavoured to support their ciaimsto the points 
 respectively claimed by them, as the North-westernmost head of Connecticut River, 
 respecting which he has declared it to be his opinion that this point is situate at the 
 head of the north-westernmost brook or stream which empties into the third lake of 
 Connecticut River, north of the forty-fifth degree of north latitude. The Commission- 
 er on the part of the United States having declared it to be his opinion that the North- 
 westernmost head of Connecticut River ought to be established at the head of the west 
 branch of Indian Stream; but not having stated any particular principle upon which 
 this opinion has been formed, which will probably be done in the report to be made 
 by him to the two Governments agreeably to the provisions of the treaty in this re- 
 gard, the undersigned Commissioner feels it to be his duty, in this place, briefly to 
 revert to the principles upon which, among other considerations so strongly inforced 
 by his Majesty's Agent, his own opinion upon this point has been formed, which are 
 the following, viz: 
 
 I. The north-western brook falling into the third lake is the only head which can be 
 truly said to be the north-westernmost head of that River, which, in its whole extent, 
 is called Connecticut River. 
 
 II. This head is the only one from which a line can be drawn down along the middle 
 of Connecticut River, to the fort3'-fifth degree of north latitude, in conformity with 
 the provisions of the treaty of Peace of one thousand seven hundred and eighty-three. 
 
 HI. There being two branches east of this main branch, and numerous heads, its de- 
 signation as the north-westernmost is thus perfectly and naturally accounted for. 
 
 IV". Although it is admitted that this head is not the north-westernmost water tribu- 
 tary to Connecticut River, above the forty-fifth degree of north latitude, nevertheless 
 there is no evidence b fore the Commissioners, which is such north-westernmost wa- 
 ter, whether Leach's Stream, Hall's Stream, or Indian Stream, or some one of the 
 branches of one of these streams; although the probability is, if any reliance at all can 
 he placed upon the reports and plans of the exploring surveys in this regard, that such 
 north-westernmost water is Hall's Stream, or one of its branches. 
 
379 
 
 V. Neither Hall's Stream nor any of its brandies can be the river the north-west- Appendix. 
 ernmost head of which can be called the north-westernmost head of Connecticut River N " 
 intended by the treaty of peace of 17S3. Riw ~~ m „,, 
 
 1. Because a line down along the middle of that stream, or of cither of its branches, "inT',,',',',,!!',';,!!,',', 
 would not be a line down along the middle of Connecticut Kiver, and therefore would cie or'ihe Tkmj 
 not be in conformity with the provisions of the treaty of 1783. 
 
 2. Because Hall's Stream has always been distinguished from Connecticut Kiver, 
 having always had a different name, by which it has been known before and from the 
 time of the survey, in Ï772. 
 
 3. The circumstance that the line of the 45th degree of north latitude was, by the 
 Framers of the Treaty of 17S3, supposed to cross Hall's Stream, shewed clearly by 
 their intention in this regard, this supposed line crossed Hall's Stream at some dis- 
 tance before it struck Connecticut River: as the line along the highlands was to extend 
 to the north-westernmost head of Connecticut River, and thence down along the mid- 
 dle of that river to the forty-fifth degree of north latitude, it is evident that a head of a 
 liver called, at the point of its intersection with the forty-fifth degree of north latitude 
 Connecticut river, was contemplated, which could not be the case with Hall's Stream, 
 this being known exclusively by this name. 
 
 4. Neither Indian Stream nor any of its branches can be the river the north-west- 
 ernmost head of which can be called the north-westernmost head of Connecticut River, 
 intended by the treaty of Peace of 1783. 
 
 1. Because a line drawn along the middle of that stream, or of either of its branches, 
 would not be a line drawn along the middle of Connecticut River; and therefore vvould 
 not be in conformity with the provisions of the treaty of 17S3. 
 
 2. Because Indian Stream never has been known by the name of Connecticut River, 
 but on the contrary has always been distinguished therefrom by a particular well 
 known name. 
 
 3. It is much narrower and has much less water than Connecticut River, with which 
 it mingles its waters, and the appellation of stream, so invariably given to it, is indica- 
 tive of this inferiority in size; the other having been always called a river, and emi- 
 nently the Connecticut River. 
 
 4. If it should be considered a matter of any moment, there is so far from being any 
 evidence that this stream, or either of its branches, is the north-westernmost water tri- 
 butary to the Connecticut above the forty-fifth degree of north latitude, that there is a 
 violent presumption that this is not the case. 
 
 5. There is no reason whatever, to be derived from the situation, size, or any other 
 quality of this stream, why the single circumstance of its being more north-west than 
 the real Connecticut River, should be considered as any evidence that this is the River 
 Connecticut designated in the treaty; on the contrary, being neither the north-west- 
 ernmost water tributary to that river, nor the north-westernmost head of that river it 
 has none of the characteristics required by the provisions of the treaty of Peace of 17S3. 
 
 The undersigned Commissioner on the part of His Britannic Majesty, comes now Fifth E 
 to the consideration of the only remaining part of the boundary included in the pre- 
 sent commission, namely, a line " down along the middle of Connecticut River to the 
 "forty-fifth degree of north latitude, from thence by a line due ivest on said latitude 
 " until it strikes the river Iroquois or Cataraquy," respecting which the fifth article 
 of the Treaty of Ghent, under which this commission is instituted, having declared that 
 " that part of the boundary line between the dominions of the two powers which ex- 
 pends from the source of the river St.- Croix, directly north to the northwest ano-le 
 "of Nova Scotia, thence 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 alonf the 
 "middle of that river, to the forty-fifth degree of north latitude, thence by a line 
 
ijiulrr Hie .>lh A It i 
 
 cle of Hi 
 of Ghent 
 
 Fifth Extract 
 
 3S0 
 
 Appendix. " due icesl on said latitude to the River Iroquois or Cataraquy, has not yet been sur- 
 
 " veyed," proceeds to declare that it is agreed, that (or the several purposes mention- 
 
 Eitracts finm the ed in the preceding part of the article, "two Commissioners shall be appointed. 
 
 K port .ii the Bri-, . . ,. , ' r 
 
 tish Commissioner *' sworn, and authorized to act, exactly in the manner directed with respect to those 
 
 Milder the 5th Arti , . ' 
 
 10 Treaty "mentioned in the next preceding article of the treaty, unless otherwise specified in 
 "the said fifth article." it is then provided in the same article, "that the said 
 " Commissioners shall cause the boundary aforesaid, from the source of the River St. 
 " Croix to the River Iroquois or Cataraguy, to be surveyed and marked according to the 
 " provisions of the said treaty of Peace of one thousand seven hundred and eighty-three." 
 
 sixth Extract. T] le undersigned Commissioner of His Britannic Majesty, conceiving this part of 
 the boundary of the United States, to be, of all others, so clearly designated in the trea- 
 ty of Peace of 1783, that the Commissioners were not authorized to exercise any dis- 
 cretion respecting it, but merely to cause the same to be surveyed and marked, agreea- 
 bly to the peremptory direction in that behalf in the fifth article of the treaty of 
 Ghent, in conformity with the provisions of the said treaty of Peace, had not antici- 
 pated that there could be any difference in opinion between the Commissioners re- 
 specting it, nor that it could have been necessary to do more than express that opinion 
 in the very words of the Treaty; but from the manner in which this part of the boun- 
 dary has been claimed and discussed by the Agent of the United States, by which the 
 conduct and proceedings of the Commissioners and of the Astronomers of both nations, 
 as well as of His Majesty's Agent, have heen, as the undersigned conceives, placed in 
 an improper point of view: And the Undersigned having received a further commu- 
 nication from the Commissioner on the part of the United States, intimating that it 
 would not be necessary for him, the same Commissioner, to report any opinion on the 
 questions which have been made relative to the boundary line from Connecticut river 
 to the River Iroquois; (a) the undersigned Commissioner conceives it to be his duty 
 to report as well to the Government of His Britannic Majesty, as to that of the Uni- 
 ted States, his opinion upon this last mentioned part of the boundary, as well for the 
 reasons before stated, as upon the ground of the uncertainty of what the opinion of the 
 Commissioner on the part of the United States may be in this regard; and at the same 
 time to state in detail the grounds upon which his opinion has been formed respecting 
 this as well as the other parts of the Boundaries of the United States, upon which the 
 difference in opinion of the respective Commissioners on the part of the two Govern- 
 ments has been expressed; the opinion of the Undersigned being, that the point ascer- 
 tained by Dr. J. L. Tiarks, His Majesty's Astronomer, on geographical principles, to 
 be the forty-fifth degree of north latitude on Connecticut River, is the point which 
 ought to be established as the said forty-fifth degree of north latitude on the said River; 
 and that the line due west on said latitude to the River Iroquois or Cataraguy should 
 be surveyed, and marked upon ordinary geographical principles, the several points or 
 stations near the said line, of which the latitude has been ascertained by the Astrono- 
 mers under the present Commission, as herein before detailed, being made the foun 
 dation or basis of such survey of the said line due west on the said degree of latitude. 
 
 THO. BARCLAY, 
 
 His Britannic Majesty's Commissioner — 5th Article Treaty of Ghent. 
 United States of America, 
 
 New York, 13M April, 1*22. 
 
 (a) The following is a copy of this communication. 
 «' The Honorable Thomas llumt. 
 
 " DtiK Sib: Yours of the 22d of October has been duly received: I have concluded that it will not 
 *' be necessary for me to report any opinion on the qu stions which have been made relative to the boun 
 " dary line from Connecticut River to the River Iroquois. I intended to have made this communication 
 "sooner, but have been unavoidably prevented doin.ç this before. 
 
 " I am, very respectfully, your obedient servant, [Signed.] " C. P. VAN NESS." 
 
APPENDIX, No. LIV. 
 
 EXTRACTS 
 
 FRO H THE 
 
 REPORT OF C. P. VAN NESS, 
 
 ONE OF THE COMMISSIONERS APPOINTED UNDER THE FIFTH ARTICLE OF THE 
 
 TREATY OF GHENT. 
 
 The questions in controvery have been discussed by the respective Agents at great appendix. 
 length, and with extraordinary ability. But it will not be necessary for me to notice No. 54. 
 the arguments in detail, nor to enter into a particular examination of the évidence EïlractK frnm lhe 
 which has been produced. It will be considered sufficient briefly to- assign some of ^"",/Vnramfj 
 the reasons upon which my opinion is founded, and which appear to me to be beyond "tî^ticie of the 
 the control of any questionable or contradictory testimony that may have appeared in rti "\_^_ 
 
 First Eitirtct. 
 
 the case. 
 
 First, I will consider the question as to the north-west angle of Nova Scotia. The 
 Agent of the United States contends for the establishment of that point, at a place 
 about one hundred and forty-four miles north of the source of the River St. Croix, 
 and about sixty-six miles north of the River St. John; which place is in the tract of 
 country dividing the waters that run into the River St. Lawrence from those which 
 flow in opposite directions and fall into the sea. On the other hand, the Agent of 
 His Britannic Majesty insists that it ought to be fixed at Mara Hill, which is about 
 forty miles north of the source of the St. Croix, and about thirty-eight miles south of 
 the River St. John, and of course about one hundred and four miles south of the place 
 contended for on the part of the United States; and is between waters emptying into, 
 the River St. John. 
 
 The treaty having described the angle in question as formed at the Highlands there- 
 in mentioned, and it having been questioned what particular Highlands were intended, 
 it becomes important here to ascertain that point. The description in the treaty says, 
 •'that angle which is formed by a line drawn due north from the source of the St. 
 Croix River to the Highlands," without saying what Highlands; but it immediately 
 proceeds, "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 Connecticut River;" thus clearly designating the High- 
 lands along which the line is to continue, and calling them the said Highlands; so 
 that by a direct reference, the same designation is attached to the Highlands first 
 named. And in the latter part of the description, the line from the source of the St. 
 Croix to the Highlands at which the angle must be formed, is again mentioned as fol- 
 lows: " 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 fall into the Atlantic Ocean, from 
 those which fall into the River St. Lawrence." 
 
 96* 
 
382 
 
 appendix. It appears evident to my mind, both from the plain sense and the strict letter of the 
 No ' 5i ' treaty, that the framers of that instrument intended that the line commencing at the 
 rvtracts from the source of the St. Croix should proceed due north, until it should reach those High- 
 SSn°i .'.Mi.n.V lands which divide the Rivers that empty themselves into the River St. Lawrence 
 /T'atnl'i'r 1 .',! tu! from those which fall into the Atlantic Ocean. There is no foundation, therefore, in 
 
 Treaty ol Ghent. ,-■ , .1 . t i- j , .1 ^1 
 
 my opinion, on any reasonable construction that oan he applied to the treaty, for the 
 argument which has been pressed before the Board, that the Highlands to which 
 the line is to extend from the source of the St. Croix, and at which the point in ques- 
 tion is to be fixed, are to be the first Highlands, of whatever description, at which 
 the line will arrive in its due north course, or that they can be any other than those 
 which divide the waters falling into the River St. Lawrence from those which fall 
 into the Atlantic Ocean. 
 
 But it is contended by His Majesty's Agent, that giving this construction to the 
 treaty it is incapable of execution. This argument is attempted to be supported on 
 the ground that the Bay of Fundy is not a part of the Atlantic Ocean; consequently 
 that the Rivers St. John and St. Croix, which have their mouths in that Bay, do not 
 fall into the Atlantic Ocean, and that therefore there can be no Highlands due north 
 from the source of the St. Croix, which, at that point, divide waters running into the 
 River St. Lawrence from others falling into the Atlantic Ocean; there being no waters 
 of the latter description in that direction to be divided. Before I enter into an exami- 
 nation of this argument I will, for a moment, inquire what will be the result, admit- 
 ting the premises assumed in this regard to be correct. 
 
 His Majesty's Agent fully agrees with the Agent of the' United States, that the 
 Highlands which divide the Rivers Chaudière and De Loup, emptying themselves 
 into the River St. Lawrence, from the Rivers Kennebec and Penobscot, falling into 
 the Atlantic Ocean, as far as they form that division, answer the description in the 
 treaty, and are the Highlands truly intended. And in order to form the angle on his 
 plan, he declares that the words of the treaty are evidently to be understood as intend- 
 ing that the north line should terminate whenever it reached the Highlands which irt 
 any part of their extent divided the waters mentioned in the treaty. Thus acknow- 
 ledging that the same Highlands which divide the Chaudière and De Loup from the 
 Kennebec and Penobscot, are in their extension eastwardly to be intersected by the 
 line due north from the source of the St. Croix, but denying to them the same de- 
 scription at the point of intersection. We are brought then by His Majesty's Agent, 
 on his own principles, to the simple question whether these Highlands, so extended, 
 are situated above or below the sources of the St. John, or in other words, on the 
 nerth or the south side of that River. 
 
 It is insisted that the north line must stop at Mars Hill, because, it is said that hill 
 "appears to be connected by broken ridges with the mountains near the sources of 
 the Penobscot." Such a boundary, it is declared, will actually comport with the terms 
 of the treaty, and will at the same time leave to His Majesty the whole of the River 
 St. John and its sources, which, it is asserted, must have been the object of the framers 
 of the treaty. 
 
 The Highlands to be extended, we have seen, divide waters running into the River 
 St. Lawrence from waters running in an opposite direction, and falling into the Atlantic 
 Ocean. And as it appears that in proceeding eastwardly in the direction of these 
 Highlands, even to the sea coast, the waters continue to divide in the same way, on 
 the one side running into the River St. Lawrence, and on the other side into the sea, or 
 according to the distinctions insisted on, into the Atlantic Ocean, the Bay of Fundy, 
 and the Gulph of St. Lawrence, does it not clearly follow that the extension or con- 
 tinuation of such Highlands is to be found between the sources of the waters thus 
 continuing to flow in the same opposite direction? Can it be reasonable that Mars 
 Hill, because it may "appear to be connected by broken ridges with the mountains 
 
383 
 
 near the sources of the Penobscot," is rather to he considered such extension, so as to appendix 
 be eminently called the same Highlands, when these " broken ridges," if they actually N "' oi ' 
 exist, divide waters not running different ways, but flowing in the same direction? Kximcis r«.m tiio 
 To establish the position that the Highlands which are fully recognised as dividing im-r"can°Coramii 
 the Chaudière and De Loup from the Kennebec and Penobscot, after having formed stn am. i.- 01 the 
 
 'I rcatj "i i. ii. hi 
 
 that division, proceed south of the St. John to Mars Hill, we are driven to the sin- 
 
 ' ' _ Flrel Extract. 
 
 gular necessity of deciding that there are no Highlands which divide the numerous 
 Rivers to the eastward of the Chaudière and Penobscot, and which continue to flow 
 in the same manner, viz: the Rivers Ouelle, Kamouraska, Verte, Trois Pistoles, lîi- 
 mousky and Metis, tailing on the one side into the River St. Lawrence, and the Rivers 
 St. Croix, St. John, Miramachi, and Restigouche, falling on the other side into the 
 sea. For if there are any Highlands of the latter description, they must, of necessity? 
 be the proper extension or continuation of the former. 
 
 That there is a chain of Highlands extending from near the sources of Connecticut 
 River, in a north-easterly direction to the sea coast, between the sources of the waters 
 running as before mentioned, into the River St. Lawrence, and into the sea, can need 
 no other proof than the fact that there are such waters. There is, therefore, no doubt 
 in my mind, that even under this view of the case, the line going due north from the 
 source of the St. Croix, must cross the St. John, and extend to or near the place de- 
 signated for that purpose, by the Agent of the United Slates. 
 
 Before I proceed any farther, it may be proper to remark, that by Highlands I do 
 not mean lands of any particular or peculiar elevation. I consider all lands that for 
 any distance lay between the sources of waters running in contrary directions, as High- 
 lands, with reference to such waters, and the general face of the country each way 
 through which they have their courses. And this appears to be precisely the sense in 
 which the term is used in the treaty. With these impressions, I consider all the evi- 
 dence produced on both sides, as also the arguments in support of it, to shew where 
 the most elevated lands or the highest mountains are situated, as of no importance 
 whatever to the decision of the present question. Nor do I deem it in any wise 
 material whether the sources of streams are found to exist both north and south of the 
 precise point where the angle is formed, if they are found both eastwardly and west- 
 wardly of it, in such a manner as to indicate plainly the direction of the dividing 
 Highlands; which appears to be the case in the present instance Any argument 
 therefore to be derived from a supposed slight variation of the line, already protracted 
 due north from the source of the St. Croix, may be entirely laid out of the case. 
 
 On this subject, I view the following remarks of the Agent of the United States as 
 unanswerable, and containing all that can be said: "If we leave the sources of the 
 waters connected with the St. Lawrence, and proceed south of the sources of streams 
 which fall into the Atlantic Ocean — Where shall we stop? Lands high or low in that 
 direction may be said to divide the St. Lawrence from the Atlantic, and this holds 
 true quite to the Atlantic coast; but they no longer divide the rivers that fall into the 
 Atlantic from any other waters, since they are both encompassed and penetrated by 
 the last mentioned Rivers. Nor can any portion of such lands be entitled to the dis- 
 tinction of forming the boundary more than another, since if we depart from the rule 
 of discrimination afforded by the different sources, no new rule can be devised which 
 does not apply equally to every elevation of land, until we arrive at the source of the 
 St. Croix." 
 
 "The Highlands which divide the waters emptying into the Atlantic from those 
 connected with the St. Lawrence, are those which, by separating them, leave the 
 Atlantic streams on the one side, and the St. Lawrence streams on the other. This 
 can hold true only of the lands lying between the streams whose contrary direction 
 has already been described; and to depart from these lauds, without a just necessity, 
 would be as contrary to sound sense as to a fair construction of the instrument we 
 
384 
 
 Appendix, are called to discuss. How such a necessity can exist is not easy to be perceived. 
 
 No. oi. That the lands to whieh we are now alhiding are sufficiently elevated to be worthy the 
 
 retract* from Hip appellation of Highlands, is demonstrated, not only by the great length of the Rivers 
 
 mencan" commis- which run from them into the sea, but, if other demonstrations were wanting, by the 
 
 sioner under the ., ,. . , , . . n i r . i -n t tv * •*. « .«iii 
 
 jiii article of the evidence furnished by the Surveyors, before the Board, nut it is particularly due 
 
 Treaty of Ghent. t _ . , 
 
 north of the St. Croix that we are to look for the Highlands mentioned in the treaty, 
 First Extract. _ , . . 
 
 since here they are necessary to form the important angle in question. And here the 
 
 evidence is most satisfactory. The River Metis is divided from the River Restigouche 
 by lands more elevated than any other which exist between the Metis and St. Croix; 
 so that it is not only the Highlands, but emphatically the highest land which divides 
 the Rivers. If it were otherwise — if the lands between the Restigouche and Metis 
 were not characterized by peculiar elevations compared with peaks or mountains which 
 might exist in any other direction, still the argument in favor of their adoption as the 
 true Highlands must remain unchanged. The word Highlands is not used merely to 
 denote a single mountain, or even a continued unbroken range of mountains running 
 in one direction, but generally to describe an elevated or mountainous region, of which 
 the surface must necessarily be very unequal; such is commonly to be found in all 
 sections of country in which numerous Rivers take their rise; and since the very 
 principle of gravity demonstrates that the general elevation of the country is greater 
 at the source of a River than at its outlet, the lands which separate Rivers running in 
 contrary directions would naturally be considered as the Highlands which lay between, 
 or divided them. Particularly as relating to a country the topography of which was 
 not fully ascertained, a more definite description of such Highlands was hardly possi- 
 ble to be given. This is true not only of the lands between the Rivers at the point 
 where the specified angle is formed, but also of all the lands lying between the Rivers 
 running in contrary directions, throughout the whole line. Whenever these Rivers 
 present themselves, we have to seek the lands placed directly between their waters, 
 and these lands, whatever variety of elevation may exist among them as compared 
 with each other, we may rest assured are, in relation to the general fall or average 
 elevation of the country or the level of the sea, the elevated or Highlands dividing 
 I hose waters; and since it is not consistent with reason to suppose that there should be 
 sources of Rivers at every point throughout a long line, the protraction of such a line as 
 shall intersect all lines drawn from the nearest sources of opposite rivers to each other, 
 must be considered a line along the Highlands which divide them." 
 
 I will now enter upon the consideration of the main point relating to this part of 
 the case. That is, whether the Bay of Fundy is a part of the Atlantic Ocean. 
 
 The following extracts from the memorials of His Majesty's Agent, will fully shew 
 the foundation upon which his elaim, in this respect, is predicated, and the substance 
 of his arguments in support of it. 
 
 He says — " The first question that arises upon this part of the Boundary, is, what 
 Rivers are to be thus divided? The answer is, that by the express terms of the 
 treaty they are to be, first, the Rivers emptying themselves on one side into the River 
 St. Lawrence to the westward of the meridian of the source of the River St. Croix; 
 secondly, the Rivers falling on the other side into the Atlantic Ocean to the westward 
 of the mouth of the same River St. Croix, in the Bay of Fundy; foras the boundary 
 line was to proceed from its commencement at the River St. Croix westioard, n» 
 Rivers falling into the Bay of Fundy eastward of the River St. Croix, could have 
 come into the contemplation of the framers of the treaty; and it was evidently the 
 true intent and meaning of the treaty to secure to the respective powers the sources of 
 the Rivers emptying themselves or falling into their respective territories, the sources 
 ot these Rivers being the points at which, by the boundary line along the Highlands, 
 they were to be divided, and the terms made use of in this regard in the treaty being 
 sa precise, viz: " From the north-ivest angle of Nova Scotia along the Highlands 
 
385 
 
 ■vhich divide those Hirers that empty themselves into the liicer Si. Lawrence from tflppendia 
 
 those which fall into the Atlantic Ocean, to the north-westernmost head of Con- _ _" 
 
 nerticut River." The Rivers here contemplated are evidently those Rivers, ;huIkm,^m n» 
 
 those Rivers only, which empty themselves between these two points; which are the mcricmi < '». 
 
 1 , . .j.i ■ "" 1 " "" 
 
 boints, and the only points to be ascertained and determined by the present com- sin article <>i ttio 
 
 l ' - r , ... Treaty ol Ghent. 
 
 mission; and the line along the Highlands is evidently contemplated us dividing these 
 
 ° ~ ^ * ° 1 ir*t Extract 
 
 Rivers, and seeming to the United States the sources of those of them that fall into 
 the Atlantic Ocean, and to His Majesty the sources of those of them that empty them- 
 selves into the River St. Lawrence." 
 
 Again, he says — " We come now to a particular consideration of the River St. John. 
 This River at its mouth where it empties itself into the Hay of Fundy, is sixty miles 
 east of the mouth of the Kiver'St. Croix in the same Ray, which mouth of the River 
 St. Croix is, as before observed, the easternmost boundary of the United States; and 
 this being a fact well known at the time to the framcrs of the treaty, this River can- 
 not be considered as one of the Rivers to be divided by the line along the Highlands, 
 not only because evidently excluded, as not between the points above mentioned, 
 limiting the extent within which the mouths of these Rivers were to be found, but 
 because it empties itself, not into the Atlantic Ocean, as required by the terms ol 
 the treaty in this regard, but into the Bay of Fundy, which as has been observed 
 already, is expressly named, and thereby separated) and distinguished from the Atlantic 
 Ocean, which distinction is again recognised between the Atlantic Ocean and the 
 Bay of Fundy in the fourth article of the Treaty of Ghent, in which the Bay of 
 Passamaquoddy is declared to be a partof the Bay of Fundy, and the Island of Grand 
 Menan to be in the said Bay of Fundy" 'without any intimation that this Bay can be 
 considered as a part of the Atlatitie Ocean, within the meaning of either of the treaties 
 between His Britannic Majesty' and the'United States And from these considerations 
 it is obviously, if not necessarily, to be inferred, that it is the true intention of the 
 treaty to secure to His Majesty the source of this River, also as this as well as every 
 other treaty ought to receive a liberal and equitable construction; and it must be there- 
 fore presumed that the intention was, in all instances, to give to the respective Go- 
 vernments the sources of the several Rivers, the mouths of which were clearly within 
 their own territory; for no other way could this treaty have an equitable operation." 
 
 I am constrained to declare, that I have searched the treaty in vain for some ex- 
 pression to justify these assertions, or this reasoning. In what part of that instru- 
 ment are to be found " the express terms" which declare that the Rivers to be divided 
 are to empty themselves on the one side into the River St. Lawrence " to the westward 
 of the meridian of the source of the River St. Croix,'' and on the other side to fall 
 into the Atlantic Ocean " to the westward of the same River St. Croix in the Bay 
 of Fundy?" And where is it said, that " the boundary line was to proceed from its 
 commencement at the River St. Croix ivestward?" The line from the source of the 
 St. Croix to the Highlands, it is expressly declared, is to be a due north line, and it 
 then proceeds along the same Highlands, and, of course, divides the Rivers falling 
 each way, which have their sources along any part of its extent, without reference to 
 the situation of the mouths of any such Rivers. It is merely, too, by way of descrip- 
 tion of the Highlands that any Rivers are mentioned in the treaty. 
 
 It is obvious that in arranging the boundaries of a country, it is often necessary to 
 adopt straight and direct lines, without regard to the manner in which they may divide 
 Rivers and Lakes; and the line from the St. Croix to the Highlands is not the only 
 one of that sort in the boundaries of the United States. We know that the latitude 
 line from Connecticut River to the River Iroquois or Cataraguy, crosses Lake Mem- 
 phremagog, Lake Champlain, Chafauguy River, and Salmon River. But admitting 
 that the parties to the treaty, in fixing on that portion of the boundary now under 
 
 consideration, had in view the division of the Rivers entire, which are mentioned it 
 97' 
 
386 
 
 appendix, is not denied that the ohject is, in the main, accomplished, on the principles contended 
 
 for by the Agent of the United States. And because that may not be the case in every 
 
 Extracts from the instance, it cannot lay the foundation for an utter disregard of the plainest rules of 
 
 Kf|«.rl of the A- . _ . 
 
 uiericjin Caninii*- common sense. If the Highlands north of the St. John, which are designated bv 
 
 sinner under the a J 
 
 r.th article of the the Agent of the United States, are not the Highlands which divide the Rivers that 
 
 I r.atv ..I Ghent. ° ° 
 
 _. — empty themselves into the River St. Lawrence from those which fall into the Atlantic 
 
 1 irsl I itrai r. * - 
 
 Ocean, that settles the point, that the due north line is not to extend to them. But 
 if they are truly those Highlands, then the north line must reach them, na matter how 
 many and what streams of water may be intersected by it, and regardless of the con- 
 sideration whether the Rivers divided by the line along such Highlands will, in all 
 eases, empty themselves within the territories of the same power, within whose do- 
 minions they may have their sources. All the assertions, therefore, of His Majesty's 
 Agent, which have been so repeatedly made, that it was the intention of the treaty 
 to secure to the respective powers the sources of the Rivers emptying themselves into 
 their respective territories, are entirely foreign to the case, and can only be attributed 
 to his zeal in a cause which it has been his duty to advocate. 
 
 If the Commissioners who formed the treaty did not consider the Bay of Funny, 
 in which the Rivers St. Croix and St. John both have their mouths, as a part of 
 the Atlantic Ocean, but intended to separate and distinguish them, it is not a little 
 extraordinary that they should have fixed on a line to run from the source of the 
 St. Croix due north to the Highlands, which, by that very principle, could not exist 
 in that direction. It is certainly reasonable to suppose, that with such views, they 
 would have described the Highlands as dividing Rivers emptying themselves into 
 the River St. La-vrence, from those falling into the Buy of Fiinc/y, and not into 
 the Atlantic Ocean. But, on the ground contended for, the case would be plainly 
 this. The Commissioners who made the treaty perfectly understood that the Bay of 
 Fundy was not a part of the Atlantic Oceans they used the terms in the treaty entirely 
 separate and distinct from each other, and intended to be so understood. They knew 
 that the Rivers St. Croix and St. John had their mouths in the Bay of Fundy, and 
 not in the Atlantic Ocean, and consequently, that there could be no Highlands di- 
 rectly north of the sources of those Rivers, that divided waten falling into the River 
 St. Lawrence from others falling into the Atlantic Ocean. And yet with this perfect 
 understanding, and all this knowledge, they actually described such Highlands, as 
 being due north from the source of the St. Croix, one of the very Rivers thus known 
 to fall into the Bay of Fundy, and not into the Atlantic Ocean. 
 
 But I apprehend that an impartial examination of the treaty cannot fail to lead to 
 the conclusion that it was not intended to speak of the Bay of Fundy and the Atlantic 
 Ocean as separate and distinct from each other, any farther than to designate different 
 parts of the Ocean, when speaking of the Ocean only, and to describe with more 
 particularity the situation of the River St. Croix, which was to form an important 
 part of the boundary between the two nations, and about the identity of which there 
 was, even then, a question. But when alluding to the division of Rivers falling into 
 the Atlantic Ocean from those which fall into the River St. Lawrence, at a point north 
 of the sources of the Rivers having their mouths in the Bay of Fundy, it would seem 
 to be almost self-evident that that Bay was considered a part of the Atlantic Ocean. 
 And the idea suggested by His Majesty's Agent appears to me wholly unfounded, that 
 they are distinguished on Mitchell's Map, (the one used by the Commissioners who 
 made the treaty,) or on any other map, except in the way that Bays of any bodies of 
 water are generally designated. Mitchell's Map, as well as the other maps that I have 
 met with, has designated Penobscot Bay, and also Sagadahoc Bay, in which the Rivers 
 Penobscot and Kennebec respectively empty themselves; and yet it is fully admitted 
 that those two Rivers fall into the Atlantic Ocean. The two latter Bays are, to be 
 sure, not so large as the Bay of Fundy; but it is conceived they are not, for that 
 
Firel Extract. 
 
 387 
 
 reason alone, to be considered on grounds entirely different; especially as the parti- Appendix. 
 cular extent which confers upon a Bay the dignity of being considered a separate and "°" 54- 
 distinct body of water, has not been pointed out. intrude from tbr? 
 
 These being some of the reasons by which my mind is irresistibly drawn to the m°rfenn°cùnnii»< 
 couclusion that the Bay of Fundy is a part of the Atlantic Ocean, and that it is not sîh'nriiX "oi the 
 
 ii* i i* i > i ¥ -ii • Treaty of Ghcnb 
 
 regarded in any other light in the treaty, I will turn my attention to another and 
 somewhat different view of the case. 
 
 Thus far I have considered the angle as originally created by the treaty: and 
 whether that is the case or not, it can hardly be doubted that the treaty is, at all 
 events, to govern the decision of the question. But, at the same time, if it should 
 appear that the angle had a previous existence, and that its location was the same as 
 that which I have endeavored to show is pointed out by the treaty, it will serve es- 
 sentially to confirm the construction I have given to that instrument. 
 
 The boundaries of Nova Scotia, as defined in the Charter of that Province by King 
 James First to Sir. William Alexander, dated the 10th September, L621, are as fol- 
 lows: 
 
 »<- AU and singular the lands of the Continent and the Islands in America, within 
 Cape Sable, lying in forty-three degrees north latitude or thereabouts, thence along the 
 Coast to St. Mary's Bay, and thence passing northward by a right line across the 
 Gulf or Bay now called Fundy to the River St. Croix, and to the remotest western 
 spring-head of the same, whence, by an imaginary line conceived to run through the 
 land northward to the next road of ships, river, or spring, discharging itself into the 
 great River of Canada, and proceeding thence eastward along the shores of the sea of 
 the said River of Canada to the road, haven,.or shore, commonly called Gaspich; and 
 thencé south-eastward to the Islands called Baccalaus or Cape Breton, leaving the said 
 Island on the right, and the Gulph of said great River, of Canada, and the lands of 
 Newfoundland, with the Islands to those lands pertaining, on the left, and thence to 
 the promontory of Cape Breton aforesaid^ lying near or about the latitude of forty- 
 five degrees, and from the said promontory of Cape Breton, towards the south and 
 west, to the aforesaid Cape Sable, where the perambulation began.*' 
 
 The Proclamation of His Britannic Majesty of the 7th of October, 1763, on the 
 cession of Canada from France to Great Britain, gives to the Province of Quebec the 
 following boundaries: 
 
 " Bounded on the Labrador Coast by the River- St. John, and from thence by a line 
 drawn from the head of that River through the Lake St. John to the south end of the 
 Lake Nipissing from whence the said line crossing, the River St. Lawrence and the 
 Lake Champlain, in forty-five degrees of north latitude, passes along the Highlands 
 which divide the Riversthat empty themselres into the said River St. Lawrence from 
 those which fall into the sea, and also along the north coast of the Baye de Chaleurs 
 and the coast of the Gulph of St. Lawrence to Cape Rosiers, and from thence cross- 
 ing the mouth of the River St. Lawrence, by the west end of the Island of Antieosti, 
 terminates at the aforesaid River St. John." 
 
 The Act of the British Parliament, of the fourteenth year of George Third, (1774,) 
 relating to the Province of Quebec, provides as follows: 
 
 "That all the Territories, Islands and countries in North America, belonging to 
 the Crown of Great Britain, bounded on the south by a line from the Bay of Cha- 
 leurs, along the Highlands which divide the Rivers which empty themselves into the 
 River St. Lawrence from those which fall into the sea, to a point in the forty-fifth 
 degree of north latitude, on the eastern bank of the River Connecticut, keeping the 
 same latitude directly west through Lake Champlain, until in the same latitude it 
 meets the River St. Lawrence, from thence up the eastern bank of said River to Lake 
 Ontario, thence through the Lake Ontario and the River commonly called Niagara, 
 and thence along by the eastern and south-eastern bank of Lake Erie; following the 
 
388 
 
 .•Ippendix. said bank until the same shall be intersected by the northern boundary granted by the 
 No. 54. Charter of the Province of Pennsylvania, in case. the same shall be so intersected, and 
 Extracts from me from thence along the said north and west boundary of the said Province until the 
 merican Commis said western boundary strike the Ohio; but in case the said bank of the said Lake 
 •'•ni am. i the shall not be found to be so intersected, then following the said bank until it shall 
 
 Treaty of Client. 
 
 arrive at that point of the said bank which shall be nearest to the north-west angle of 
 
 First EMruct. r a 
 
 the said Province of Pennsylvania; and thence by a right line to the said north-west 
 angle of said Province, and thence along the western boundary of said Province until 
 it strikes the Ohio, and along the bank of said River westward to the bank of the 
 Mississippi, and north to the southern boundary of the territory granted to the mer- 
 chant adventurers of England trading to Hudson's Bay; and also all such territories. 
 Islands and countries, which have since the tenth day of February, 1763, been made 
 part of the Government of Newfoundland, be and they are hereby, during his Majesty's 
 pleasure, annexed to and made a part of the Province of Quebec, as created and esta- 
 blished by the said Royal Proclamation of the 7th of October, 1763." 
 
 It will be seen that the western boundary of Nova Scotia, by the Charter of that 
 Province, was a line from the remotest western spring-head of the River St. Croix, 
 to run through the land northward to the next road of ships, river, or spring, dis- 
 charging itself into the great River of Canada, (St. Lawrence.) Whether this line 
 was, in aiïy event, to extend to the St. Lawrence itself, which has been made a ques- 
 tion, is wholly unimportant in the present discussion, as it would, in any event, pass 
 over all the Highlands between the St. Croix and the waters connected with the St. 
 Lawrence in the direction of such line. 
 
 By the proclamation above mentioned, it appears the southern boundary of Que- 
 bec was to be " a line along the Highlands which divide the Rivers that empty 
 themselvcs into the said River St. Lawrence, from those which fall into the sea, and 
 also along the north coast of the Bay de Chaleurs," &c. This line would cross the 
 western line of Nova Scotia, running from the St. Croix northward, on the Highlands 
 just described; and this point of intersection then became the north-ivest angle of 
 Nova Scotia. 
 
 The Act of Parliament of 1774 made some alterations in the boundaries of the 
 Province of Quebec, but its southern limit was again declared to be "a line along the 
 Highlands which divide the Rivers that empty themselves into the River St. Law- 
 rence from those which fall into the sea." 
 
 It is presumed no doubt can arise, and certainly none has been suggested, that the 
 Highlands which are described, both in the King's Proclamation and the Act of Par- 
 liament, lay north of the River St. John; as that is one of the principal Rivers falling 
 into the sea, whether that part of the sea where its mouth is situated, is called the 
 Bay of Fundy, or the Atlantic Ocean. 
 
 Returning again to the treaty, it will be perceived that the boundaries of the United 
 States are to commence " from the north-west angle of Nova Scotia." Now, if there 
 was at that time no north-west angle of Nova Scotia, it is very singular that it should 
 have been expressly referred to as such, and adopted as the commencement of the 
 boundary. And if there was then such an angle, I have already shewn that it was 
 north of the River St. John, and on the same Highlands to which the claim of the 
 United States extends. But it is said that the treaty, after providing that the boun- 
 daries shall commence at the north-west angle of Nova Scotia, goes on and describes 
 the angle thus, 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," 
 &c. This is true; but the question still arises whether this by itself makes an angle 
 for Nova Scotia. For if the treaty line, "drawn due north from the source of St. 
 Croix River to the Highlands," stops short of the line which, by the Proclamation and 
 the Act of Parliament before mentioned, passes "along the Highlands which divide 
 
389 
 
 the Rivers that empty themselves into the River St. Lawrence from those which fall appendix. 
 into the sea," it would, to he sure, at its termination with the line running from 
 thence westward towards Connecticut River, form the north-east angle of the United Extract» from the 
 Stales; but how it could form the north-west angle of Nova Scotia, without the aid merican Commis 
 
 ... i -n • l r\ i c • • siimer wider thr 
 
 til the line between that 1 rovince and Quebec, to run lrom its termination east- su. artic "the 
 
 . . , l'roaiy of Ghent 
 
 wardly, it is diflicult to imagine. On the other hand, il the due north line of the 
 
 ■" ° _ First I'.xtraci 
 
 treaty should be extended to the line along the Highlands above mentioned, forming 
 the southern boundary of Quebec, the north-east angle of the United States and the 
 north-west angle of Nova Scotia would be at the same place, and the description in 
 the treaty would be both consistent in itself, and in conformity with the previous stale 
 of things. It is true that by the treaty the north line begins at the source of the 
 River St. Croix, when by the Charter of Nova Scotia it was to run from the remotest 
 western spring-head of that River. It is possible that these two starling points migh 
 not be precisely the same; but that would make no essential difference, as it would 
 not prevent the angle from being on the same Highlands, or formed in the same man- 
 ner; it could only have the effect of placing it a little more east or west, as the case 
 might be. At the same time, it was not only conclusively settled by the Commis- 
 sioners appointed under the treaty of 1794, to determine the true River St. Croix 
 intended by the treaty of 17S3, that the St. Croix of the grant to Sir William Alex- 
 ander, and the St. Croix of the treaty were the same, but on examination of the River, 
 they actually considered, and were about to decide, that the rC7notesl ivcstern spring- 
 head was the source thereof, had not the Agents of the two Governments, for reasons 
 which will appear in another part of this report, agreed upon, and jointly requested 
 the Commissioners to establish a different source. 
 
 But there are still further grounds to believe, that the same Highlands which con- 
 stituted the southern boundary of Quebec, were intended to be described in the treaty 
 as those to which the due north line should extend. The only variation in the de- 
 scription is, that in the one case they are to divide " the Rivers that empty them- 
 selves into the River St. Lawrence from those which fall into the sea," and in the 
 other, they are to divide " the Rivers that empty themselves into the River St. Law- 
 rence from those which fall into the Atlantic Ocean." And this substitution in the 
 treaty of the ..'Jtlantic Ocean for the sea, it is admitted would have no effect, except 
 to the eastward of the territory which divides the Rivers Chaudière and Penobscot. 
 At the same time, too, we must bear in mind that the very design of the makers of 
 the treaty to describe different Highlands from those contained in the Proclamation 
 and the Act of Parliament, necessarily presupposes an understanding that the High- 
 lands they were describing could not he situated where they located I hem. Can this 
 difference of expression, then, afford any evidence of an intention to alter the southern 
 boundary of Quebec, or to create a different one between that Province and Massa- 
 chusetts, from the one previously established, so as to comport with the claim now set 
 up on the part of His Majesty? Is it not much more reasonable to suppose tiiat the 
 makers of the treaty had it in view to adopt the line along the Highlands, and the 
 north-west angle of Nova Scotia, which had been previously established, than to 
 charge them with the gross absurdity of beginning the boundary at a place called by 
 them the north-west angle of Nova Scolia which by their own description of it could 
 not be such an angle, and the still grosser one, of describing certain Highlands as lying 
 due north of the source of the St. Croix, when they were fully aware that there could 
 he no such Highlands in that direction? 
 
 In either case then, whether we take the Highlands described in the treaty as those 
 to which the line due north from the source of the River St. Croix is to extend, or 
 whether we take the north-west angle of Nova Scotia as previously existing, if my 
 views be correct, it follows that the angle now to be ascertained ought to be established 
 
 98* 
 
390 
 
 Appendix, north of the River St. John, and on the Highlands pointed out by the Agent of the 
 No. 54. United States. 
 
 Extract, from the But this is not all. It appears that the opinion I have expressed has been entertained 
 
 !,';.' ■;an '«:o!nrat. both by the American and British Governments, since the formation of the treaty, on 
 
 5tï° wticie "f tit every occasion which has led to an expression on the subject. 
 
 rreaiyafjshe The prese nt respectable and learned Agent of His Majesty, when representing his 
 
 Government before the Board of Commissioners appointed under the treaty of 1794, 
 to ascertain the true River St. Croix, had no doubt on this question. While contending 
 for one place in preference to another, as the source of the St. Croix intended by the 
 treaty, and insisting on the same principles as now, that each power ought to possess 
 the sources of the Rivers that empty within its territory, if it could be accomplished 
 consistently with the intention of the treaty, he makes the following remarks: "The 
 effect, so far as regards the United States, is completely secured by the treaty in all 
 events; and thence we have further reasons to suppose it was intended to be reciprocal 
 in this respect, if a just interpretation will warrant it. A line due north from the 
 source of the western or main branch of the Schodiac or St. Croix will fully secure 
 this effect to the United States in every instance, and also to Great Britain in all in- 
 stances except in that of the River St. John, where it becomes impossible by reason 
 that the source of this River is to the westward not only of the western boundary line 
 of Nova Scotia, but of the sources of the Penobscot and even of the Kennebec, so 
 that this north line must of necessity cross the River St. John, but it will cross it 
 on a part of it almost at the foot of the Highlands, and where it ceases to be navigable. 
 But if a north line is traced from the source of the Cheputnacook, it will not only 
 cross the River St. John within about fifty miles from Fredericton, the metropolis 
 of New Brunswick, but will cut off the sources of the Rivers which fall into the Bay 
 of Chaleurs, if not of many others, probably the Miramiche among them, which fall 
 into the Gulf of St. Lawrence, and thereby be productive of inconvenient consequences 
 lo the two powers, if not of contention between them, instead of terminating their 
 differences in such a manner as may be best calculated to produce mutual satisfaction 
 and good understanding, which is one of the principal and avowed objects of the 
 
 treaty." 
 
 The Commissioners, it appears, were about to decide in favor of the outlet of the 
 Schodiac Lakes, when the Agent of the United States proposed an arrangement by 
 which the Cheputnacook should be adopted. This was done because the State of 
 Massachusetts had made grants of lands between the two places, the latter being fur- 
 ther north, hut at the same time further west than the former. The Agent of His 
 Majesty, before he would consent to the proposal, consulted the Minister of His Bri- 
 tannic Majesty then in the United States, and received from him the following letter, 
 by which Mr. Liston appears to have considered that the due north line would of 
 course cross the St. John, but thought it advantageous to His Majesty to carry it as 
 far west as practicable, so as to allow a greater extent of navigation on that River. 
 
 <c (Private.) "Providence, 23d October, 179S. 
 
 "Sir: I have considered with attention your letter of this day, and it appears 
 to me evident that the adoption of the River Cheputnacook as a part of the boundary 
 between His Majesty's American dominions and tnose of the United States, in pre- 
 ference to a line drawn from the easternmost point of the Schodiac Lakes, would be 
 attended with considerable advantage. 
 
 "It would wive an addition of territory to the Province of New Brunswick, to- 
 gether with a greater extent of navigation on the St. John's River, and above all, a 
 longer stretch of natural frontier, calculated to prevent future difficulties and discus- 
 sions between the two countries. If, therefore, by assenting to the proposal of the 
 American A"ent, you can bring about the unanimous concurrence of the Commission- 
 
Fir» Extract 
 
 391 
 
 crs in this measure, I am of opinion that you will promote His Majesty's real interest: appendix. 
 and I will take the earliest opportunity, with a view to your justification, of express- N "' 54- 
 ing these my sentiments on this subject to I lis Majesty's Secretary of State. Extract» from th, 
 
 « I have the honor to be, IZ^rVlJ 
 
 l t. \v*u ™ 4 * ii i i o- Btoner umlrr th» 
 
 " With great truth anil regard, Sir, 5th : r th. 
 
 ,, v ii- ill Truty of Ghent. 
 
 " Your most obedient humble servant, 
 
 [Signed.] "ROB. LISTON. 
 
 •■ Wakd Chipman, Esq." 
 
 The same Agent of His Majesty had also the honor of representing his Govern 
 ment before the Commissioners acting under the fourth article of the treaty by whirl 
 this Board is established; and on that occasion, in the month of September, 1817, 
 even after the instructions had been issued to the Surveyors in this case, we find him 
 contending "that the north-west angle of Nova Scotia, mentioned in the treaty as the 
 commencing point of the boundary of the iJnited States, is the north-west angle of 
 the said Province of Neva Scotia designated in the said grant to Sir William Alex- 
 ander, in 1621, subject only to such alterations as was occasioned by the erection of 
 the Province of Quebec, in 1763." This is an unequivocal admission, that the angle 
 now in question is formed by the intersection of the western line of Nova Scotia with 
 the southern line of Quebec. 
 
 Even the British Commissioners who signed the Treaty of Ghent, in 1S14, appear 
 to have been aware of the validity of the claim of the United Stales, in regard to the 
 north-west angle of Nova Scotia. On the 19th day of August, 1814, they propose 
 to the Commissioners of the United States, the discussion of "such a variation of 
 the line of frontier as may secure a direct communication between Quebec and Halifax." 
 On the twenty-sixth of September, the American Commissioners, while on this sub- 
 ject, say, ''The proposal, however, of the British Plenipotentiaries was not to ascer- 
 tain but io vary those lines, in such a manner as to secure a direct communication be- 
 tween Quebec and Halifax; an alteration which could not be effected without a cession 
 by the United States to Great Britain of all that portion of the State of Massachusetts 
 intervening between the Province of New Brunswick and Quebec, although unques- 
 tionably included within the boundary lines fixed by that treaty " On the eighth day 
 of October the British Commissioners reply, that "the British Government never re- 
 quired that all that portion of the State ot Massachusetts intervening between the Pro- 
 vince of New Brunswick and Quebec should be ceded to Great Britain, but only that 
 small portion of unsettled country which intercepts the communication between Hali- 
 fax and Quebec; t Itère being much doubt whet tier it does not already belong to Great 
 Britain." 
 
 Here was first a proposition to alter an existing boundary. This was at once 
 rejected, on the ground that the alteration could not be effected without a cession of 
 a considerable territory, which was by the treaty of 17S3 unquestionably included 
 within the boundaries of the United States. It is then admitted that a cession oj' 
 territory is required, though of less extent than had been stated. And to this ad- 
 mission is added the faint denial of the unequivocal declaration that all the territory 
 spoken of unquestionably belonged to the United States; that there was much doubt 
 whether the territory thus required to be ceded did not already belong to Great 
 Britain. 
 
 The Agent of His Majesty, in his closing argument, delivered on the 27th day of 
 September last, appears to place great reliance upon a supposed discovery in favor of 
 the claim set up by him, in the "Secret Journals of the Congress of the Confedera- 
 tion," which had been published since the previous session of the Board, in the month 
 of August last. Those parts of the proceedings of the Old Congress to which the 
 most importance is given in this respect, are contained in the instructions agreed to be 
 given to the Minister to be appointed for negotiating a Peace, on the 11th of August, 
 
392 
 
 Appendix. 1779, and in a Report made on the 16th of August, 1782, by a Committee which 
 No 54 " had collected certain facts and observations, and which they recommended to be 
 Ewmct* from the referred to the Secretary for Foreign Affairs, to be by him digested, completed, 
 , K „en°a l n° connut- and transmitted to the Minister for negotiating a Peace. The material part of 
 aTIrUcleVthethe instructions referred to is as follows: "The boundaries of these States arc 
 ireatyofGbent ^ follows, viz: These States are bounded north by a line to be drawn from the 
 
 First Extract. , , TT . , , , , . , ,. . , ,, ,->. 
 
 north west angle of Nova Scotia, along the Highlands which divide those Rivers 
 which 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 forty-filth degree of north latitude; thence due 
 west in the latitude forty-five degrees north from the equator to the north westernmost 
 side of the River St. Lawrence or Cataraqui; thence straight to the south end of 
 Nipissing, and thence straight to the source of the River Mississippi: west by a line 
 to be drawn along the middle of the River Mississippi, from its source to where the 
 said line shall intersect the thirty-first degree of north latitude: south by a line to be 
 drawn due east from the termination of the line last mentioned, in the latitude of 
 thirty-one degrees north from the equator, to the middle of the River Appalachicola 
 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: and east by a line to be drawn along the 
 middle of St. John's River, from its source to its mouth, in the Bay of Fundy, com- 
 prehending all islands wilhin 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 afore- 
 said boundaries between Nova Scotia on the one part, and East Florida on the other 
 part, shall respectively touch the Bay of Fundy and Atlantic Ocean. You are 
 therefore strongly to contend, that the whole of the said countries and islands lying 
 within the boundaries aforesaid, and every citadel, fort, post, place, harbour and 
 road, to them belonging, be absolutely evacuated by the land and sea forces of His 
 Britannic Majesty, and yielded to the powers of the United States to which they 
 respectively belong, in such situation as they may be at the termination of the war. 
 Hut notwithstanding the clear right of these States, and the importance of the object, 
 yet they are so much influenced by the dictates of religion and humanity, and so de- 
 sirous of complying with the earnest request of their allies, that if the line to be drawn 
 from the mouth of the Lake Nipissing to the head of the Mississippi cannot be ob- 
 tained without continuing the war for that purpose, you are hereby empowered to 
 agree to some other line between that point and the River Mississippi; provided the 
 same shall in no part thereof be to the southward of latitude forty-five degrees north. 
 And in like manner, if the western boundary above described cannot be obtained, you 
 are hereby empowered to agree that the same shall be afterwards adjusted by Com- 
 missioners to be duly appointed for that purpose, according to such line as shall be by 
 them settled and agreed on as the boundary between that part of the State of Massa- 
 chusetts Bay formerly called Province of Maine, and the Colony of Nova Scotia, 
 agreeably to their respective rights. And you may also consent that the enemy shall 
 destroy such fortifications as they may have erected." 
 
 The Committee referred to, in their report, say — " It is therefore ineumbent on us 
 to shew, first, that the territorial rights of the thirteen United States, while in the 
 character of British Colonies, were the same with those defined in the instructions 
 given to Mr. J. Adams, on the 14th of August, 1779; and, secondly, that the United 
 States, considered as independent sovereignties, have succeeded to those rights." 
 They contended, throughout their report, that the boundary between Massachusetts 
 and Nova Scotia should remain the same as it had been; but they endeavored to shew 
 that the River St. John constituted that boundary, and ought to be agreed upon as 
 such; at the same time, they admitted that the eastern boundary of Massachusetts 
 could not be proved to extend to the River St. John, as clearly as to that of St. Croix. 
 
333 
 
 and that it was not advisable to continue the war merely to obtain territory as far as appendix. 
 the St. John. N i 54. 
 
 It appears also, by the testimony of President Adams, that at the conferences which f,„,;«i. ,-,,.,„ ,i„. 
 led to the treaty of 17S3, one of the American Ministers at first proposed the Hiver m«&°(Wb 
 St. John, as marked on Mitchell's Map. But his colleagues observing to him that as fiîiTriiïufoi \t 
 
 St. Croix was the River mentioned in the Charter of Massachusetts Bay, they could ' 
 
 , . ,. r . . . oi t i ... , , ... r "" i Extract 
 
 not justify insisting on ot. John as an ultimatum, he agreed with them to adhere to 
 
 the Charter of Massachusetts Bay. 
 
 From these proceedings, the Agent of His Majesty declares the following infer- 
 ences, among others, to be "obvious and incontrovertible," viz: '«that the north-west 
 angle of Nova Scotia was therein contemplated to be at the source of the River St. 
 John;" and " that the Highlands therein contemplated as dividing the Rivers which 
 empty themselves into the River St. Lawrence from those which fall into the Atlantic 
 Ocean, were the Highlands extending from the said source of the River St. John to 
 the north-westernmost head of Connecticut River; and, consequently, that the Rivers 
 therein contemplated to be divided were the Rivers Chaudière and De Loup only, as- 
 emptying themselves into the River St. Lawrence, and the Rivers Androscoggin, 
 Kennebec and Penobscot only, as falling into the Atlantic Ocean:" and also, "that as 
 the St. John, from its source to its mouth in the Bay of Fundy, and a line from its 
 source along the Highlands in that behalf designated to the north-westernmost head 
 of Connecticut River, were the utmost boundaries in that quarter, either north or 
 cast, if the same could be obtained from Great Britain, that were ever claimed, pro- 
 posed, or contemplated on the part of the United States as a part of their boundaries 
 in the same quarter, either by Congress or by the Ministers who on their part nego- 
 tiated the Treaty of Peace of 17S3, it incontestably follows, that no part of the terri- 
 tory north or east of the said Highlands and of the said River St. John, from its 
 source to its mouth, in the Bay of Fundy, can now be claimed as a part of the United 
 States designated in the second article of the said treaty of peace of 17S3." 
 
 Now it is very plain, that any person who supposes there is any thing in these pro- 
 ceedings of the Old Congress, which has a tendency to weaken the claim now made 
 on the part of the United States, entirely misunderstands them. The Congress claim- 
 ed nothing more or less than the previously existing boundary between Massachusetts 
 and Nova Scotia on the cast, and that between Massachusetts and the Province of 
 Quebec on the north, by the intersection of which two lines, the angle in question 
 was originally formed. This appears throughout all the proceedings on this subject. 
 In the second volume of the Journals, page 133, it is declared, in the report of a 
 Committee, that the United States arc bounded "northerly by the ancient limits of 
 Canada, as contended for by Great Britain, running from Nova Scotia south-wester- 
 ly," &c. and " easternly by the boundary settled between Massachusetts aud Nova 
 Scotia." In the proceedings extracted by His Majesty's Agent, the north-west angle 
 of Nova Scotia is spoken of, without any other description, as an existing an°-le, and 
 not one to be created. Its actual position was the only point to be ascertained. If il 
 could have been made to appear that the River St. John was the eastern boundary of 
 Massachusetts, the United Stales would have gained an extent of sixty miles on the 
 sea coast beyond the River St. Croix. It is true that the principal source of the St. 
 John is situated in longitude to the west of that of the St. Croix, but this would have 
 been of trifling consequence compared with the valuable difference on the coast in 
 favor of the former. The claim to the St. John, however, was abandoned by the 
 American Ministers, and the St. Croix was agreed upon. The angle, indeed, by being 
 placed at the principal source of the St. John, would have been farther to the west; 
 but it would, notwithstanding, have been fixed on the same Highlands for which the 
 United States now contend, as His Majesty's Agent admits that the source of the St. 
 John, which is marked on Mitchell's Map as extending, « is found, in fact, by the 
 
3 94 
 
 appendix, surveys made under the present commission, to extend, to the Highlands in which the 
 
 No - 54 - Rivers Chaudière and De Loup, falling into the River St. Lawrence, and the Rivers 
 
 from the Kennebec and Penobscot, falling into the Atlantic Ocean, have their sources." 
 
 £S°cômm£ The proposition, then, to take the St. John as the eastern boundary of the United 
 
 Extract* 
 Report of 
 merican ' 
 
 r,u''"n.c'i" of the States, instead of being at variance, was in perfect accordance with the idea, that the 
 
 Treaty of Ghent. , ,~ . , i ■ t r *i i_ c 
 
 boundary between Massachusetts and Quebec, and which must ol necessity be one ot 
 
 first Extract. 
 
 idary 
 
 the lines of the angle passed along the Highlands situated on the north side of that 
 River, as by the extension of its source to those Highlands, or in other words, to that 
 boundary, the contemplated angle would be formed. To suppose it to have been 
 understood that the Highlands constituting the southern line of the Province of Que- 
 bec, were situated south of the St. John, would involve the supposition, that by going 
 up that River the intention was to pass beyond that line, and then return to it from 
 the north to form the angle; for it must be borne in mind, that the same line which, 
 on any construction, would divide Massachusetts from Quebec, would continue east- 
 wardly as the dividing line between Nova Scotia and Quebec. The fallacy of such 
 an argument surely need not be pointed out. 
 
 In the case of the St. Croix, as that River did not extend far enough to the north 
 to form one of the lines of the angle complete, a line from its source was protracted 
 in a direction due north to the same Highlands that were reached by the said source 
 of the St. John in a more western longitude. It is certainly correct, as has been 
 stated, that if the angle had been fixed at the source of the St. John before mentioned, 
 there could have been no Highlands in question, except those extending from that 
 place to the north-westernmost head of Connecticut River, and no Rivers to be di- 
 vided by them except the Chaudière and De Loup on the one side, and the Kennebec 
 and Penobscot on the other, because there are no others between those points. But it 
 does not therefore follow, that such Highlands in their extension eastwardly would 
 go south of the St. John, or that in establishing another boundary, no other or greater 
 extent of Highlands were thought of; or that if the angle was placed in any other 
 position, a line from it to the north-westernmost head of Connecticut River, would 
 divide no other Rivers than those just mentioned. The parties have made a different 
 agreement; which is to be construed according to just and established rules, without 
 reference to any previous claims, or rejected offers, made on the one side or the other. 
 The argument that the United States, because they were willing to take the St. John, 
 from its mouth to its source, are now precluded from claiming at any point beyond 
 the boundary which they would in that case have obtained, is so inapplicable to the 
 present case, and so destitute even of plausibility, that it would he improper to spend 
 any further time upon it. 
 
 Having thus concisely stated the principal grounds upon which my opinion has 
 been formed, I do decide and report, that tiie north-west angle of Nova Scotia, ac- 
 cording to the true construction of the Treaty of Peace of 17S3 between the two 
 Powers, is at a point on a line due north from the source of the St. Croix, and about 
 one hundred and forty-four miles from the source of that River, on the lands which 
 lie between the waters of the River Restigouche, and the waters which fall into the 
 River St. Lawrence. 
 
 -> ..m] Extract. 
 
 The north-westernmost head of Connecticut River is the remaining point to be 
 ascertained and determined by the present commission. And on this question the 
 Agents of the two Governments are also at variance. The British Agent contends, that 
 :t small brook running into a small lake, being the third and upper one in the main 
 branch of Connecticut River, is the north-westernmost head of that River; and the 
 American Agent has endeavored to prove, that the middle branch of Hull's Stream, 
 
so called, is the true north-westernmost head of Connecticut Hiver contemplated in Apptndlx. 
 
 the treaty. No. 64. 
 
 1 cannot decide in favor of either of these claims. The west branch of Indian ,-.,, rl , (l , fri „„ „„. 
 Stream, lying between the two places designated by the Agents, appears to me to be ' , ,,, ! „mmii 
 the north-westernmost head of Connecticut River intended by the treaty. .ViVi"V, r , t i."i"'''.'.t In'! 
 
 It is to be remarked, in the first place, that the treaty evidently contemplates there 
 being several different heads or branches of Connecticut River, and that it must have 
 been intended to throw them all into the United States, except the north-westernmost 
 head, which was adopted as the boundary. On the Map of Mitchell, which was par- 
 ticularly referred to by the framers of the treaty, several heads of that River are dis- 
 tinctly marked. The very term north-westernmost, implies that there might even 
 be other north-western heads. If the existence of but one head of Connecticut River 
 was contemplated, why not say to the head of the River, instead of the north-west- 
 ernmost head? If such had been the case, it can hardly be doubted that this would 
 have been done. And it is equally plain, that supposing more heads than one to exist, 
 it could not have been intended to give any preference to the main stream or head of 
 the Connecticut, unless it was, at the same time, the nort h-iceslernmost head. Be- 
 cause if that had been the object, the expression shewn to be proper in case hut one- 
 head of the River was supposed to exist, would either have been used as applicable to 
 the main head alone, or an express designation made of the main bead. 
 
 The following extracts from the arguments of His Majesty's Agent, will shew the 
 grounds upon which he rests his pretensions; and, at the same time, serve other pur- 
 poses in the investigation. 
 
 " The next point, then, to be ascertained with regard to that part of the boundary 
 which lies in this quarter, will he the point which forms the north-westernmost head of 
 Connecticut River; and this involves the necessity, and depends upon the result of the 
 previous question — What River is Connecticut River? And to this question one, and 
 one answer only, can be given, viz: that River, and that River only, which, from its 
 mouth to its source, has always been and still is exclusively called and known by that 
 name: that River, and that River only, which, from its mouth to its source, has been 
 laid down in all the maps of this part of the country under that name; that River 
 and that River only, which, from its mouth to its source, was exclusively known and 
 called by that name at the time of the Treaty of Peace of 17S3; and lastly, that 
 River, and that River only, which, in the plans of the several and respective Sur- 
 veyors, made under the authority of this honorable Board, is laid down exclusively 
 under that name. The River answering to those descriptions is, therefore, claimed and 
 insisted upon on the part of His Majesty, as the Connecticut River truly intended 
 under that name in the second article of the Treaty of Peace of ITS:;, and is parti- 
 cularly designated in the particular report and plan of the survey made thereof, under 
 the authority and direction of this honorable Board, during the last year, and in the 
 general map of all these surveys now upon the table. It is true that there arc several, 
 comparatively with this River, small streams, whose waters arc tributary to this 
 River; sketches of which streams appear in the several plans of the surveys of this 
 River, made under the authority of this commission. The most, wcsternlv of these 
 tributary streams is called and known by the name of Leach's Stream; the next of 
 1hese tributary streams is called and known by the name of Hall's Stream; the next 
 of these tributary streams by (lie name of Indian Stream; the next and last of these 
 tributary streams falling into this River westward!}' of the source, is called and known 
 by the name of Perry's Stream. The only complete and correct description of Con- 
 necticut River, and of its tributary streams, will be found in the report and plan 
 thereof, above referred to, made by Br. J. L. Tiarks, Astronomer and Surveyor on 
 the part of His Britannic Majesty, under the present commission; which report and 
 plan are, in ;>1I the essential parts thereof, confirmed by the reports and plans of the 
 
396 
 
 Appendix. Surveyors made under the direction of the Commissioners, by the Surveyors on the 
 
 No - 54 - part of the United States. " 
 Knraet» from Die Again: " But if a shadow of doubt could remain, with regard to the exclusive 
 
 Report nf the A- . , . . . . T . 
 
 merican fonnnis- identity of Connecticut Kiver contemplated and truly intended in tne second article 
 
 gtnner under the 
 
 5th article t.fthr f the Treaty of Peace of 1783, an attention to the immediately subsequent words in 
 
 Treaty ot Ghent. J J n 
 
 — c the treaty would instantly dispel every shadow of such doubt. The words are — 
 "thence down along the middle of that River to the forty-fifth degree of north lati- 
 tude." What River? There being but one River known by that name, this only River, 
 thus eminently called and known by that name, must of necessity be the River here 
 intended. Will it — can it be contended that Perry's Stream is the Connecticut River, 
 eminently so called? or that Indian Stream is the Connecticut River eminently so 
 called? or that Hall's Stream is the Connecticut River eminently so called? or that 
 the west branch or the middle branch of Hall's Stream is the Connecticut River emi- 
 nently so called? or that Leach's Stream is the Connecticut River eminently so called? 
 Neither of these questions can ever be answered in the affirmative. But the moment 
 you depart from the true and only Connecticut River, eminently so called, either of 
 these streams, or either of the branches of either of these streams, or any other river 
 or stream tributary to the great Connecticut, must have equal right and pretension, 
 one with the other, to be dignified exclusively with the eminent title of the Connec- 
 ticut River." 
 
 The report of Mr. Tiarks, His Majesty's Surveyor, upon which so much reliance 
 has been placed, has the following passages: "The stream into which Indian Stream 
 discharges itself comes from the eastward, and is commonly called Connecticut River; 
 or sometimes the Main Connecticut River, to distinguish it from the other small 
 streams that successively unite with the larger stream, and have all particular well- 
 known names." 
 
 Again: "It follows from this, that Connecticut River has more than double the 
 quantity of water than Indian Stream has, and is fully entitled to be called, which is 
 indeed allowed on all hands, the main stream of Connecticut." And after stating 
 that the third lake in the main stream of this river is "little more than a mile in its 
 greatest dimensions," and "is formed by the confluence of smull brooks," he gives 
 a description of the surrounding country, and then says — "We returned to the head 
 of the north-wester)! brook running into the lake, which is the north-westernmost 
 head of the river which we had traced up, and marked that spot by blazing a num- 
 ber of trees around it." 
 
 There was indeed no necessity of proving "what river is Connecticut River;" there 
 having been no question about the identity of that River, or of its main head. It is 
 entirely immaterial, however, what head is "dignified exclusively with the eminent 
 title of Connecticut River." The point to be attended to is, which is the north- 
 westernmost head of that River? 
 
 His Majesty's Agent has himself shewn, "that there are several, comparatively 
 with this river, small streams, whose waters arc tributary to this river," coming in 
 from the north-west, and proceeds to name them, beginning with the one most west- 
 ernly, to wit: Leach's Stream, Hall's Stream, Indian Stream, and Perry's Stream. 
 And Mr. Tiarks, in his report, labours to establish that the stream coming from the 
 eastward, where it is joined by Indian Stream, is called "the main Connecticut 
 River," and "the main stream of Connecticut River," and that it is so called 
 ■• to distinguish it from the other small streams that successively unite with the larger 
 streams, and have all particular well-known names." Now it is obvious that the proof 
 of these facts is, in itself, proof that there are other streams of Connecticut River, 
 besides the main stream. It would really be somewhat singular, if these "small 
 Streams" with "particular well-known names" were not considered branches or heads 
 of Connecticut River, how there could have existed a necessity to call the one coming 
 
397 
 
 from the east the main stream, for the purpose of distinguishing it from these same appendix, 
 "small streams." No. si. 
 
 The name of the Connecticut River alone, would answer every purpose to distin- Eitracu Omn tit. 
 guish that river from streams known by different names, and having no connection m«i?can°c!«Binta 
 
 ... .. . ,1 . r , • • . •. lonei under Lire 
 
 with it, except that ot emptying into it. sm article "i the 
 
 But the fact that these smaller branches are called streams, and have never received 
 
 . . S< cond Bxoi 
 
 the appellation of rivers, is alone strong evidence that they have ever been considered 
 
 as mere heads or streams of Connecticut River. They have, to be sure, been called 
 Hall's Stream, Indiun Stream, &c. ; yet this appears to have been in order to dis- 
 tinguish them from each other, and also from the "main stream," on the same prin- 
 ciple that the largest branch is stated to have been denominated the "main stream," 
 to distinguish it from these others. It is to be observed, however, that with the 
 exception of Hall's Stream, it does not appear that either of them bad any name at 
 the time of the formation of the treaty. But the circumstance that the largest and 
 principal head or branch should be called the "main stream," or should even retain 
 the complete and precise name of the river, cannot be of much importance, since it 
 is very common, in cases where there are several heads of rivers, for the largest and 
 principal ones to retain the names of such rivers, when at the same time the others, 
 although they may be known by distinct names, are not the less deemed to be heads 
 or branches of the same rivers. 
 
 Can the position then be supported, that we must follow up the main stream of 
 Connecticut River, the course of which is eastward, through two lakes into a third, 
 and there take a small brook, less than eighty rods long, as the north-westernmost 
 head of Connecticut River intended for the boundary line between the two nations? 
 Can it for a moment be believed, that nothing more was in view by the framers of 
 the treaty, in taking the north-westernmost head instead of the head of the river, 
 than to prefer one small brook to another, perhaps within a few rods of it, as the lake 
 into which they run is stated to be only "a little more than a mile in its greatest 
 dimensions?" 
 
 It is urged that the north-westernmost head of Connecticut River, where the line 
 along the Highlands strikes it, is to be sought for at the source of the main stream of 
 the river; because the treaty, in proceeding from that point, says, " thence down along 
 the middle of that river to the forty-fifth degree of north latitude." But the fair 
 meaning of this is, that the head agreed upon, if it was not itself the main head, 
 should be followed down to the main stream or river, and then down that to the line of 
 latitude. It must have been foreseen that to follow the main river from that part of 
 the north-westernmost head of it which makes a point in the boundary, to the line of 
 latitude, might be impossible, unless the north-westernmost head and the head of 
 the river were considered the same, which it has already appeared could not have 
 been the case. And the language used in the treaty, in this respect, was perfectly 
 proper, as the north-westernmost head might or might not prove to be the main 
 head; and such expressions were adopted as would answer the purpose in either case, 
 without an addition of words. This argument, however, is no sooner raised than it 
 is demolished, by the selection of the little brook, which is insisted on as the north- 
 westernmost head of the river, but which is not pretended to be the main head. For 
 if the boundary can go any distance, however small, between the two points just 
 mentioned, otherwise than along the main stream, such distance becomes unimpor- 
 tant; and no other stream uniting with the main river above the latitude line, can any 
 more be excluded on that ground than the little brook. Nor is there any better foun- 
 dation for the argument that if a different head from the main one is adopted, still it 
 must be one that falls in at the most remote point, or rather at the head of the main 
 stream, from a " necessity of making this river a part of the boundary, to the utmost 
 extent of it, as called and known by the name of Connecticut, because, from its north- 
 
 100* 
 
398 
 
 Sppendix westernmost head, the subsequent part of the boundary line was to be drawn down 
 
 J ' along the middle of that river; that is, down along the middle of Connecticut River, 
 
 Extracts from the to the forty-fifth degree of north latitude." Whether the north-westernmost head 
 
 Kepi.rt of tlie A- . , . . . 
 
 ment-an Commis- comes into the main stream at its very source, or at any other point above the forty- 
 
 sionrr under ttie J 
 
 5th article of the fifth degree of north latitude, the subsequent part of the boundary, from the north- 
 
 Treaty of Ghent. ° 711 j 
 
 seeonliltract westernmost head to that latitude, will be along the middle of Connecticut River, 
 and will therefore equally satisfy the treaty. 
 
 The claim advanced by the Agent of the United States, as I have already remarked, 
 is also objectionable. From the language made use of in the treaty, and the facts 
 which, it is to be presumed, were known to its framers, it must have been considered 
 that the north-westernmost head of Connecticut River selected as the boundary, 
 emptied itself into, and became identified with, the main stream of the river, above 
 where the forty-fifth degree of north latitude was supposed to be. This construction 
 then, would lead to the rejection of Hall's Stream, the one designated on the part of 
 the United States; because, waiving the question whether the line actually existing 
 and which was established as being on the forty-fifth degree of north latitude before 
 the treaty was made, will ever be changed, Hall's Stream empties itself below the 
 junction of that line with Connecticut River, and therefore could not have been taken 
 into consideration in the establishment of the boundary. — Several years previous to 
 1783, there had been certain proceedings to establish the line on the forty-fifth de°ree 
 of north latitude, between the Rivers Connecticut and Iroquois, for the purpose of 
 settling the boundary between the Provinces of New York and Quebec; which it is 
 believed, and is admitted by both Agents, could not have been unknown to the 
 framers of the treaty. By those proceedings it is found that the Surveyors, who were 
 directed to protract the line from Lake Champlain to Connecticut River, reported on 
 the first day of October, 1772, that they had fixed the boundary between the two 
 Provinces "on the west bank of Connecticut River, two miles and fifty chains on a 
 direct line above the mouth of a small river falling in on the west side of Connecticut 
 River, known by the name of Hall's Brook." 
 
 Indian Stream is entirely situated above the line existing when the treat}' was 
 made, and supposed to be on the latitude of forty-five degrees. It comes from the 
 north-west, and by its west branch, extends further in a north-westerly direction than 
 any source of Connecticut River, except Hall's Stream. It it stated in the report 
 of His Majesty's Surveyor, that at the junction of Indian Stream with the main 
 stream of the river, the former is sixty-six feet wide, and the latter one hundred feet, 
 and the depth is about equal. Indian Stream, then, better than any other, in my 
 opinion, answers the description and intention of the treaty, according to the best and 
 fairest construction which can be given to that instrument. And this would retain 
 the boundary where, it is understood, the people residing in the vicinity belongino- to 
 both nations have always considered it to he. 
 
 His Majesty's Agent, after labouring against the adoption of Hall's Stream, con- 
 tends, if that is out of the question, that Indian Stream cannot be taken, because 
 Hull's Stream is the most north-western of the two. The following answer of the 
 Agent of the United States to this argument, who claims Indian Stream, provided 
 Hall's Stream is rejected, is conclusive: 
 
 " This argument seems to be founded on the principle that if a head cannot be 
 called north-westernmost, for the purposes of the treaty, and yet can be so called for 
 other purposes, it shall exclude all others from being so called for the purposes of the 
 treaty; a doctrine wholly inadmissible; for if Hall's Stream cannot be regarded for 
 the purposes of the treaty, it cannot be regarded against those purposes." 
 
 I do therefore decide and report, that the head of the west branch of Indian Stream 
 is the true north-westernmost head of Connecticut River designated and intended in 
 the treaty of 17S3. 
 
399 
 
 Having completed this report on the two points submitted to the Commissioners >Mppendix. 
 
 for their decision, I have, according to my view of the subject, dune all that is re- No " 
 
 quired by the treaty establishing this commission. Eiimn rmm the 
 . . . . . , . . Report ..i nu \ 
 The Commissioners are authorized to ascertain and determine Ihe north-west angle moricin c m 
 
 " Btonei under ilm 
 
 of Nova Scotia, and the north-westernmost head of Connecticut River; and are'" 1 '• ■' ' 
 
 ' i Treaty of Ghent 
 
 directed to cause the whole boundary line between the two powers, from the source .. 
 
 ^ J ' Second Extrm i 
 
 of the River St. Croix to the River Iroquois or Cataraquy, to he surveyed. The 
 surrey of the boundary being principally dependent on the two points above men- 
 tioned, the treaty does not contemplate any to take place until those points are settled. 
 The Commissioners, however, to facilitate the progress of the commission, not know- 
 ing that they would disagree on those points, proceeded to direct some work pre- 
 paratory to a survey on some part of the boundary. The Agents of the two Go- 
 vernments differ on the extent of the survey to be made on the line of latitude from 
 Connecticut River to the River Iroquois, and likewise on the manner of making such 
 survey; and at the time of submitting their arguments on the two points in the boun- 
 dary to be determined, presented several questions in regard to that survey. This 
 was well enough; as in case of the Commissioners agreeing on the points neces- 
 sary first to be determined, they might without further delay have decided those 
 questions, so that the survey could immediately have proceeded. Iîut a disagreement 
 having taken place on the preliminary points, I do not consider it according to the 
 course marked out in the treaty to make any decision, or to express any opinion, at 
 this time, on the questions relating to the sarret/s of any part of the boundary. 
 
 In assigning the reasons for my opinion, I have not deemed it- necessary to re- 
 capitulate the various matters in evidence before the Board, and the arguments of 
 the respective Agents thereupon, because copies of the proceedings of the Commis- 
 sioners, of the claims and arguments of the Agents, and of the reports of the Sur- 
 veyors, as well as all other documents which have been produced in evidence, will 
 be furnished to each Government, at the time of delivering the reports of the Com- 
 missioners; and to those I refer as a part of my report, for the purposes of explana- 
 tion and verification, whenever it may be necessary. 
 
 Il only remains for me to assure the two Governments, whose interests have in this 
 case been committed in part to my decision, that i have given the subject all the 
 consideration of which I am capable, and that I have endeavored to investigate and 
 to decide, with that impartiality and regard to justice which were not less due to the 
 high and honorable trust reposed in me, than they were required by the solemnity of 
 the oath under which I have acted. 
 
 C P. VAN NESS. 
 New York, .tfpril 13M, 1S22. 
 
APPENDIX, No. LV. 
 
 EXTRACTS 
 
 THE ARGUMENTS OF THE BRITISH AGENT 
 
 THE 5TH ARTICLE OF THE TREATY OF GHENT. 
 
 appendix. " At Mars Hill there will be found a point of intersection of the north line with 
 No. 55. highlands fully answering the description in the treaty: there, it is conceived, is the 
 Extracts from the point at which the north line ought to terminate; for these lands are not only unques- 
 Br r K < Agen! in- tionably the highest, but they are also the first that have been intersected by the north 
 of'Se Treat r y'°of line; and it would not only be unreasonable to pass over these to look for others, 
 — which, if found, would not so well answer the description, but would also be incon- 
 
 Firet Memorial, gistent with the meaning of the words used in the treaty, viz: ' ' North to the high- 
 lands;" which words are evidently to be undertood as intending that the north line 
 should terminate whenever it reached the highlands which, in any part of their ex- 
 tent, divide the waters mentioned in the treaty." 
 
 " And as the said Mars Hill appears to be connected by broken ridges of highland 
 with the mountains, near the sources of the Penobscot, and the highest points of land 
 to the Connecticut River will be found in continuation of the same direction, and 
 will fully answer the description of the highlands contemplated in the treaty, it fol- 
 lows, that the point of highlands lying due north from the source of the River St. 
 Croix, and designated in the said treaty of peace, of 1783, as the north-west angle of 
 Nova Scotia, must be ascertained and determined to be at the point of the highlands 
 at Mars Hill, the first and only highlands which is intersected by the said due north 
 line, in conformity with the provisions, in this behalf, of the said treaty." 
 
 Butish Agents <( It is presumed that it will admit of no doubt that the true intention of that part 
 
 Second Memorial. r t l 
 
 of the treaty, now under consideration, was to secure to the United States the objects 
 solely which are above specified in this regard; and that it was likewise the intention 
 of this part of the treaty, to leave to his Majesty the undisputed and undisturbed right 
 and possession of and to all parts of the adjoining territory not intended to be included 
 within the boundaries of the United States. This intention will be literally effect- 
 uated by a very small variation of the expression actually made use of in this 
 regard, namely, by describing the second line forming this angle in the following words, 
 that is to say, " along the said highlands where they divide those rivers that empty 
 themselves into the River St. Lawrence from those that fall into the Atlantic Ocean." 
 The expression actually made use of is, along the said highlands which divide the 
 rivers, &c. For it is to be observed, that the north-west angle of Nova Scotia is dis- 
 tinctly defined before any mention is made of the circumstance of the highlands, 
 which form a subsequent part of the boundary dividing the rivers mentioned, in that 
 
401 
 
 regard, in the treaty. And this circumstance, of the highlands dividing rivers, is men- Appendix. 
 tioned, not as constituting a part of the definition of the term, but merely as mat tor of No 55, 
 description, with the view of securing to the United States the sources of the rivers Extract» ttmn it 
 which empty themselves within the boundaries, as before stated. The words de- bK'°Âs" ?! ul 
 scriptive of the eastern boundary of the United States, are these: " East, by a line to »! ihé Tr< uy 
 be drawn along the middle of the River St. Croix, from its mouth in the Bav of Fundv, 
 to its source; and from its source, directly north, to the aforesaid highlands which di- Second Memorhu. 
 vide the rivers that fall into the Atlantic Ocean from those which fall into the River 
 St. Lawrence." These words, taken in their literal and individual signification , 
 would involve a construct ion altogether inconsistent with other parts of the treaty, 
 and with facts at the time within the knowledge of the framers of it; and if the fore- 
 going observations upon the first description of this part of the boundary be, as they 
 are presumed to be, correct, these ivords, descriptive of the eastern boundary, must. 
 of necessity, be interpreted in a corresponding sense." 
 
 " The framers of the treaty, of 17S3, while they appear to have presumed from 
 their knowledge of the highlands that divided the sources of the Kennebec from those 
 of the Claudiere, that a continued range or ridge of highlands would be found in the 
 same direction, extending from the due north line to the north-westernmost head of 
 Connecticut River, yet they could not have been certain that this due north line 
 would, in fact, precisely intersect these, or any other, highlands; and, in case of no 
 such intersection, the north-west angle of Nova Scotia must, of necessity, to fulfil the 
 intention of the treaty, Oe found at the point of the intersection of the due north line, 
 by a prolongation of the line along these well known highlands, easterly, to such 
 point of intersection." 
 
 " These highlands, thus intersected by the due north line, are found to lie in 
 the general course and direction of the highlands " along" which the second line, 
 forming the north-west angle of Nova Scotia, is described in the treaty to run, namely: 
 " the highlands which divide those rivers which empty themselves into the River 
 St. Lawrence from those which fall into the Atlantic Ocean, to the termination of 
 this line at the north-westernmost head of Connecticut River." Or, in other words, 
 the highlands thus intersected by the due north line lie in the general course and direc- 
 tion of a line drawn from the north-westernmost head of Connecticut river, along the 
 well known and very elevated and conspicuous Height of Land forming the ac- 
 knowledged and notorious land-mark and boundary between the two nations, in that 
 quarter which divides the River Chaudière and du Loup, emptying themselves into 
 the River St. Lawrence, from the Rivers Penobscot and Kennebec, falling into the 
 Atlantic Ocean. This well known height of land being the only high land which 
 actually divides the rivers contemplated in the treaty to be divided by the boundary 
 line therein described, as the undersigned Agent has heretofore, in the course of these 
 discussions, abundantly shewn; and this well known height of land being more- 
 over found to extend north-easterly in a direction towards Mars Hill, in a distinct 
 and unbroken ridge, for many miles, and to be afterwards connected with Mars Hill 
 by a succession of mountains and broken ridges of highlands, intersected with ponds 
 and streams, appearing to the eye, when viewed from various stations, to be an ele- 
 vated and unbroken ridge, as the result of the surveys fully prove. No other point 
 in this due north line, in any part of its extent, combines these various circumstances, 
 exclusively of the other and fatal objections to adopting any point in this line, north 
 of the River St. John, as the north-west angle of Nova Scotia. It seems, therefore, 
 from these considerations, to result in demonstration, that the point where the said due 
 101* 
 
 Biitish Agoiif- 
 Replv. 
 
402 
 
 Appendix, north line strikes the highlands at Mars Hill is the north-west angle of Nova Scotia 
 
 No 5j ' truly intended in the treaty of peace of 17S3. 
 
 Extract <wTn. the " The true intention of the treaty, then, under all the acknowledged facts in this case, 
 
 i1n"u",' e °îpm m, c would clearly be ascertained by the following obviously plain unci natural and 
 
 S'tUe f!c*!y Cl J{ nearly literal cot slruclion of its phraseology, namely: It is hereby agreed and de- 
 
 — clared that the following are, and shall be, the boundaries of the United States, viz: 
 
 British AgeM*s . . . ...... . , ,. 
 
 B*p'y- from the north-west angle oi Nova Scotia, viz: that ang.e which is formed by a line 
 drawn due north from the source of St. Croix River to the line of the highlands, along 
 the said line and the highlands which divide," &c. 
 
 " The force of this reasoning will be rendered more apparent if the boundaries of 
 the United States, described in the treaty, be traced from west to east, instead of from 
 east to west, as they are traced in the treaty, merely for the purpose of a more conve- 
 nient description of them; for, it will not be contended that the quarter in which one 
 may commence the actual tracing of a boundary, previously agreed upon, can make 
 any difference in the boundary itself. Let then the tracing of the boundary, in this 
 quarter, be made " from the north-westernmost head of Connecticut River along 
 the highlands which divide those rivers that empty themselves into the River St. 
 Lawrence from those which fall into the Atlantic Ocean, to 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." 
 
 " In this case the only difference is, that the second line forming the angle is placed 
 first in order in the description — there is no difference in the line itself. But it is the 
 course or inclination of this line which is to form the north west angle of Nova Scotia, 
 at the point of its intersection with the due north line, drawn from the source of the 
 
 " The line along the highlands, forming one of the lines of the north-west angle of 
 Nova Scotia, is expressly designated in the treaty, to be a line along the highlands 
 which divide the rivers that fall into the Atlantic Ocean from those which fall into 
 the River St. Lawrence, between (i. e. from) the north-west angle of Nova Scotia 
 and (i. e. to) the north-westernmost head of Connecticut River." 
 
 " He, therefore, determined carefully to abstain from any reference whatever to 
 any documents, maps, or plans, respecting the ancient or former boundaries of the 
 Province of Nova Scotia, or to any of the proceedings before the Commissioners under 
 the 5th article of the treaty of 1794, or of those under the 4th article of the present 
 treaty, although he had them all in his possession, because he evidently perceived that 
 the merits of the business submitted to the consideration of this honorable Board, 
 though they might have been incidentally alluded to, had never come directly under 
 discussion on either of those former occasions; and, consequently, that any of the 
 obiter dicta of the Commissioners or Agents of either Government, in matters not 
 in judgment before them, nor submitted in any manner to their investigation, could 
 not any more than the obiter dicta of Judges or Counsel in any judicial proceeding, 
 alio intuiter, in the courts of law, be cited as authorities in a cause in which the 
 merits of those occasional illustrations should become the direct object for investigation 
 or decision; and it would obviously be most unreasonable if it were otherwise. This 
 observation has been elicited by the reference made by the Agent of the United 
 States, to some expressions made use of by the undersigned Agent, in illustration of 
 
his arguments before the Commissioners, under the 5th article of the treaty of 1794, Appendix, 
 at a time when he had not in any degree examined, and was altogether a stranger to iN " 55 - 
 the particular merits and bearings of the present question, which, at that time, was ,-.,„ ~~„ „„ 
 not a subject of investigation : Which expressions, as thy were not entitled to, so it SK™' 
 is certain they never can have, any weight with the commissioners forming this en-of'the r',:"l"!\ 
 lightened Board, who are sworn " impartially to examine and decide upon the pre-'' 1 
 sent claim, according to such evidence as shall be laid before them, on the part of his otaenïLn ' ,- 
 Britannic Majesty and of the United States, respectively." 
 
 Hi.' angwej ol I 
 \gcnt. 
 
 " And we here discover the accuracy and propriety of the peculiar phraseology, in 
 the first description of the north-west angle of Nova Scotia, noticed in the 5th section 
 of the second part of the opening argument of the undersigned, namely, that this angle 
 is not in this description, designated to be that angle which is formed by a line 
 drawn due north from the source of the River St. Croix to the highlands which di- 
 vide those rivers which empty themselves into the River St Lawrence from those 
 which fall into the Atlantic Ocean, but merely to the highlands. The framers of the 
 treaty well knew, that this north line would never intersect any part of those only 
 highlands contemplated in the treaty; therefore the second line is described to be 
 along the said highlands, &c, and thus confirms the reasoning of the undersigned in 
 the section of his argument above alluded to, and is strictly conformable to Mitchell's 
 Map, in this regard. And as it had been, in the manner before mentioned, conceded, 
 and it has been accordingly incontestably established, that the line along the highlands 
 intended by the treaty, should and must be a line south of the River St. John, it results 
 in demonstration, that the north-west angle of Nova Scotia, designated in the 2d article 
 of the treaty of peace, of 17S3, is formed by a protraction of this line from the said 
 highlands easterly, along the highlands, of the description mentioned in the claim 
 and opening argument of the Agent of the United States, following the sources of the 
 several branches of the rivers, above mentioned, falling into the Atlantic Ocean, and 
 leaving the same within the territories of the United States, until such line, so pro- 
 truded, shall intersect a. line drawn due north from the source of the river St. Croix; 
 which point of intersection must, therefore, incontrovertibly be the north-west angle of 
 Nova Scotia, required to be ascertained by this honorable Board, under the 5th article 
 of the treaty of Ghent, agreeably to the inferences, in this regard, made in the 15th 
 section of the reply of the undersigned to the claim and opening arguments of the 
 Agent of the United States, and in conformity with the provisions, in this regard, of 
 the 2d article of the treaty of peace, of 1783," 
 
APPENDIX, No. LVI. 
 EXTRACTS 
 
 FROM 
 
 THE REPORTS OF THE SURVEYORS 
 
 UNDER 
 
 THE FIFTH ARTICLE OF THE TREATY OF GHENT. 
 From the "appendix to the Proceedings of the Co>n?nissioners." 
 
 TABLE OF CONTENTS. 
 
 (a) Joseph Bouchette, H. B. M. Surveyor, 1817; due North Line; Surveys Nos. 2 and 27. 
 
 (A) John Johnson, U. S. Surveyor, 1817; due North Line; Surveys No. 1. 
 
 (c) W. F. Odell, H. B. M. Surveyor, 1818; due North Line; Surveys No. 4. 
 
 (g) John Johnson, U. S. Surveyor, 1818; due North Line; Observations from Mars-hill; Temiscouta 
 Portage; View from Green Mountain; Surveys No. 3. 
 
 (i) W. F. Odell, H. B. M. Surveyor, 1819; Ristook River; Views from Mars-hill and Park's-place; 
 Surveys No. 7. 
 
 (/fc) Colin Campbell, H. B. M. Surveyor, 1819, 1820; Mount Kathadin; Acknowledged highlands; 
 East Ridge; Sources of Penobscot; Views thence; SurveysNo. 18. 
 
 (/) Alden Partridge, U. S. Surveyor, 1819; Temiscouta Portage; Mars-hill; Acknowledged high- 
 lands; Altitudes; Surveys Nos. 5, 6. 
 
 (/, No. 4.) W. G. Hunter, U. S. Surveyor, 1819; Umbasucksus Portage; Source of Penobscot; Sur- 
 veys Nos. 8, 9, 10. 
 
 (m) W. F. Odell, H. B. M. Surveyor, 1820; Sources of Penobscot; Views from various places. 
 
 (rc) Colin Campbell, H. B. M. Surveyor, 1820; West branch of Penobscot. 
 
 (o) J. L. Tiarks, H. B. M. Surveyor, 1820; Green River and Tuladi Portages; Surveys No. 15. 
 
 (r) H. Burnham, U. S. Surveyor, 1820; Metjarmette Portage; Surveys Nos. 13, 25. 
 
 (s) T. Carlile, H. B. M. Surveyor, 1820; Ouelle and Metjarmette Portages; Surveys Nos. 24, 26. 
 
 O) W. G. Hunter. U. S. Surveyor, 1820; West Branch and Portage of South Branch of St. John; 
 Surveys No. 19. 
 
 (p) Charles Loss, H. B. M. Surveyor, 1820; West Branch and Portage of Soutli Branch of St. John; 
 Surveys No. 20. 
 
 (y) N. H. Loring, U. S. Surveyor, 1820; Mount Kathadin and Umbasucksus Portage; Surveys Nos. 
 16, 17. 
 
 (7) T. Carlile, H. B. M. Surveyor, 1820; Highlands acknowledged by botli Parties; Sources of Con- 
 necticut River; Surveys No. 22. 
 
 (r) J. L. Tiarks, H. B. M. Surveyor, 1820; Sources of Connecticut River; SurveysNo. 12. 
 
 tippendix. "On the 30th we again proceeded on the line, with twenty days' provisions, from 
 
 No. 56. th e Ri ver gf John; after having ascended its banks, and until we reached the 91st 
 
 Estracts from the mile, the ascents and descents were not materially conspicuous, but we went over 
 
 v't-yora under 'the several pine ridges and through several swamps, from the 91st mile the land generally 
 
 5th article of the ° . ° ' b J 
 
 Treaty ofGhenu ascended until we intersected a large stream, which we at first took to be the Grand 
 (<■) River, but proved afterwards to be the River which empties itself close to the Great 
 
 Jos. Itouchette, * r 
 
 MM'sSrVeraMM on ^ ie ^ iver St John; from that River the land generally ascends to the Res- 
 
 tigouche Portage, which we intersected at 97 miles 32 chains and 80 links: this por- 
 
405 
 
 tage leads from the Little Waganses on the Grand River to the Great Waganses or Appendix 
 South Branch of the Restigouehe, and is extremely crooked, six miles in length, and N "' 0(i ' 
 its general course is N. N. E. and S. S. \V. ; but where it was intersected by the line Extracu from ih« 
 it bore N. 50° E. ; this part of the country is conspicuously high, and is the summit n '■> m « -undm iu. 
 of a range of highlands which stretches towards the S. W. and another Branch seems Tr«»ty oi Giicui 
 to detach itself at no considerable distance to the West in a North-west direction. The 
 
 Jus Boucuctte, 
 
 descent at the Waganses is steep, and continues descending alternately by gradual and N un|,''i ^'."M,',' 
 steep ridges a distance of 43 chains; at 99 miles deviated from the course of the line veya " N " '" s ""' J ' 
 on a bearing astronomically N. 54° \V. 4 chains to the Great Waganses or first branch 
 
 of the waters of the Restigouehe, where we ended the exploring survey." 
 
 ****** * * * * 
 
 "After rising the Northwardly bank of the St. John, we found the country mostly | hn'john 
 flat and swampy, until about the 91st mile, where a moderate ridge divides the waters NonhUne! y Bu! 
 of Falls River from those of Grand River. North of Grand River, between the 93d ve> ' sN " ' 
 and 94th miles is a ridge, though probably higher than any land we had passed over 
 on the line, appears not to be of any considerable extent; from this to the 9Sth mile, 
 we passed through a large swamp, which gives rise to the Waganses of the Grand 
 River. About the 98th mile, or from the 97th to the 99th miles, we crossed the 
 ridge called Sugar Mountains, which divides the waters of the St. John's River from 
 those of the Restigouehe River, and is evidently the highest land we passed over on 
 the line during the season. The extent of this Ridge is not particularly known, but 
 it probably extends to the West and North West on the one hand, and to the East on 
 the other, sufficiently to divide the waters of the above said Rivers." 
 
 ********■!** 
 
 "The general face of the country may be considered as increasing moderately in w ,,, U ] MI (lu 
 elevation from the Restigouehe Northward, to within two or three miles of the Grand North Une? y ei^ 
 Fourche, and then descending very rapidly to that stream. It is well wooded with a lre J ,sN0,4, 
 luxuriant growth of tall thrifty timber, a mixture of hard wood, fir and spruce, with 
 some pine; the mountain ash is abundant, and there are a very few wild cherry trees; 
 contrary however to what is usually met with, the soft wood grows mostly in the val- 
 leys, and the hard wood on the tops of the hills; the greater part of this extent appears 
 to be excellent farming land. 
 
 "The River Restigouehe, from where the line intersects it down stream, is copied 
 from a Map; its general course, however, so far as I can judge from the bearings and 
 observations taken in a canoe, as we returned from our Camp on the Grand Fourche 
 to the Waganses, is correct, and from the estimated distance from where the line inter- 
 sects the Grand Fourche to the mouth of that stream, and thence up the Restigouehe to 
 the Waganses; and from the appearance of the current of both these streams, I am of 
 opinion that there is not much, if any difference, in the level of the water at these two 
 places. 
 
 " Immediately after crossing the Grand Fourche, the ground rises very steeply for 
 about three-quarters of a mile, and very moderately for a quarter of a mile more, form- 
 ing a high bank to the River, and pursuing apparently the same course with the 
 stream, and has the appearance of being the highest point intersected by the line run 
 this year; it then descends moderately all the way to the Beaver River, hereafter 
 mentioned; the surface, however, diversified into hill and dale like the rest, by the 
 ravines and small streams with which it is intersected; but the ravines are not so deep, 
 nor the banks of the streams so steep, as those to the Southward of the Grand Fourche. 
 This tract also is well wooded with a tall luxuriant growth of timber, chiefly fir and 
 spruce, with a mixture of hard wood and some pine. The pine, however, is mostly 
 found near the borders of the Grand Fourche. I also met with some of the largest 
 cedars that I have ever seen. 
 
 " On the 2d of September, we arrived at a stream fifteen miles and a half North of 
 102* 
 
406 
 
 appendix, the Grand Fourche, running to the Westward, to which we gave the name of Beaver 
 
 No. 56. Sivp". On the borders of this stream where the line intersected it, is a piece of low, 
 
 retracts from .he wild meadow, which was then overflowed in consequence of a dam made by the bea- 
 
 ve^Sndw^hevere, which had formed a large pond; above which are two smaller ponds, and imme- 
 
 Trea a ty ôfGbatt! < diately below the dam the stream is about two rods wide, the water quick and clear. 
 
 ~ At a short distance from the stream on both sides, the ground rises moderately', but the 
 
 W. I'. Odell, Bri- . ... .. . ,. 
 
 tish surveyor- elevation is verv small, and there is no appearance ot highland. 
 
 North Line. î?ur * ' 
 
 vryj.No. i *■ #«****»***'**** 
 
 " On the ISth of September, the party reached the River St. John, and proceeded 
 to Mars Hill, where they arrived on the 28th, and were employed until the 3rd of 
 October, in clearing away the wood on the South Peak, in order to get a view of the 
 surrounding country; the same thing was done by Mr. Johnson's party on a part of 
 the North Peak looking to the South West. 
 
 "The North Peak was found by a Survey made by Mr. Haren, to be about sis 
 miles in a Westerly direction from the mouth of the River Deschutes, (a small Branch 
 of the St. John,) from which place the general surface of the ground rises moderately 
 for about five miles, and steeply for the rest of the way to the top of the Peak, which 
 is distant by measurement a due west course one mile and six chains from the explor- 
 ing line run last year, and fifteen chains and seventy links South of the 42 mile tree. 
 
 " The South Peak is distant by calculation from the North Peak, one mile seventy- 
 five chains and twenty-fr, e links, on a course South 20° 57' West by Magnet, and ex- 
 ceeds it in height upwards of one hundred feet; between the North and South Peaks 
 is another Peak lower than either. 
 
 " In a South-westerly direction from Mars Hill, and about sixty miles distant, is a 
 range of very high and apparently bald mountains, extending in a westerly direc- 
 tion, called by Mr. Johnson the " Spencer Mountains," and connected with these, and 
 extending round to the North west, a number of high and conspicuous hills, all con- 
 nected by lower ranges of land; and in a direction a little southward of the line of 
 view from Mars Hill to the Spencer Mountains, is another high mountain, of a conical 
 shape, distant about forty miles from Mars Hill, supposed to be Catahain, and appa- 
 rently connected with Mars Hill and the Spencer Mountains by ridges which cannot 
 he particularly described, the ground in that quarter being in every direction all high 
 broken land, but as viewed from Mars Hill, appearing to rise generally from the foot 
 of that hill towards the Catahain and Spencer Mountains. 
 
 "On the North-east side of the River St. John, the land appears high, and broken 
 into hills and ridges, stretching in all directions without regularity, and in the South- 
 ern quarter there appears some very high land, which seems to stretch round to the 
 East, but so distant that its direction could not be clearly ascertained. 
 
 " In the due North direction, there appears to be less inequality in the face of the 
 country than in any other." 
 
 i johMon ti s " At the entrance of the Grand Portage, considering that some useful information 
 uZ'Xl 'suJyeyB might be obtained of the country, without delaying beyond the time which it was 
 expected Mr. Odell would be at Grand River, a survey of the Grand Portage was 
 taken from St. Andre, on the River St. Lawrence, to Tcmiscouta Lake, including in 
 said survey the altitude and depression of the ground the whole way, and shewing the 
 difference in height of said River and Lake. Owing however to the imperfection of 
 the instrument made use of on this occasion, the angles of altitude and depression can- 
 not be fully relied on. Through Temiscouta Lake and down Madawaska River, it 
 was impossible to take an exact survey, owing to the impracticability of going on the 
 banks, on account of the great quantity of brush wood; such sketches were however 
 laken, and estimates made of the distances, as it is believed will give a tolerably cor- 
 rect view." 
 
Line, at,;. Surv\ 
 No. 3. 
 
 407 
 
 » We left Grand River on the 21st, agreeable to previous arrangements, and on the Appendix. 
 24th the United States' party encamped on Mars Hill, which we found very advan- No "' 
 tageous for viewing the adjacent country. The two highest peaks of this Hill lie r.m,~„ ,„, 
 nearly North and South, at something more than two miles distance, and are elevated !&?£&%; 
 about one thousand feet above the general level of the adjacent country, which in the ; i'!' l'vÔnsta! ,"" 
 vicinity is low and swampy, though considerably elevated above the waters of the St lg) 
 
 J ° nn - Sum,,,,, N 
 
 " There being no hills within considerable distance of Mars Hill, and those near- 
 est being generally of less magnitude than those which are more distant, affords a very 
 extended view of the country, and enabled me to take observations at two stations 
 to all the mountains which are numbered on the Map, and observations at one station 
 to various other heights, and to other objects which could not be identified at both 
 stations." 
 
 ******** 
 "In pursuing the line North from where it was left in the autumn of 1817, we 
 found no hills of any considerable magnitude, until we arrived at or neir 112 miles, 
 where we crossed a ridge apparently higher than any land South of it on the line. 
 
 " After this we found hills or long extended ridges, tending generally to the North- 
 west and South-east near the 113th mile; at the 114 mile; between the 116 and 117 
 miles; between 118 and 119 miles; between 120 and 121 miles; between 122 and 123 
 miles; at 125 miles; between 127 and 12S miles; near 129 miles; between 130 and 
 131 miles, and at or near 132 miles. These ridges appear generally to exceed each 
 other in height as you go North, the last mentioned ridge at the place where we 
 passed it being considered higher than any other we passed either North or South 
 of it on the line, but soon falls off towards the West, and extends 4 or 5 miles South- 
 east. Between those ridges are numerous small streams, as will appear on the Map. 
 whose waters pass by a rapid descent into the Restigouche River. 
 
 " Proceeding North from the last mentioned ridge, the land continues very high and 
 not very uneven to 144 miles 26 chains, where the land is nearly as high as at 132 
 miles, and is the Ridge which divides the waters emptying into the River St. Law- 
 rence from those which fall into the Atlantic Ocean. On the top of this ridge, at the 
 aforesaid distance of 144 miles 26 chains, is a large yellow birch tree; from this 
 point to Beaver Creek there is a general and very considerable descent, interrupted by 
 a few places of rising ground for short distances. 
 
 "At Mars Hill I took observations to ascertain the position of 112 terrestrial ob- 
 jects, the most of which are peaks of hills or mountains. The peaks identified at two 
 stations are laid down on the Map, and numbered to correspond with the numbers of 
 the respective observations which identify their places." 
 
 ****** » s - 
 
 " Before giving a description of the other mountains, it may be proper to give an 
 exact description of Mars Hill. The South peak and place of observation is situated 
 39 miles 58 chains and 50 links North of the Monument, at the source of the River 
 St Croix, and 1 mile 22 chains 19 links West of the exploring line. The North 
 peak and place of observation is situate 41 miles 64 chains and 30 links North of the 
 Monument aforesaid, and 1 mile 6 chains West of said exploring line. From the 
 North to the South peak of said Hill is S. 5° 36' 40" W. 2 miles 6 chains and 60 links, 
 and the nearest distance from said line to the foot of said Hill is 42 chains. The South 
 Peak is 175 feet higher than the North Peak, and about 1000 feet above the general 
 level of the adjacent country. 
 
 "The position and elevation of the other mountains will mostly be given in tabular 
 form, opposite to which is given a view of them, as seen from Mars Hill. The South 
 Peak of Mars Hill will be considered as being 1000 feet above the general level, and 
 others will be given in that proportion." 
 
Sppendix. 
 
 No. 56. 
 
 Extracts from the 
 Kcpoits of the Sur- 
 veyors under the 
 5tti article of the 
 Treaty of Ghent. 
 
 J. Johnson U. 3. 
 Surveyor. North 
 Une, &c. Surveys 
 «!o. 3. 
 
 408 
 "MOUNTAINS- 
 
 to 
 
 NORTH OF 
 
 WEST OF 
 
 ET- 
 
 
 MONUMENT- 
 
 FLOH1NO LINE. 
 
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 > 
 
 
 
 M 
 
 
 
 
 
 
 
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 n 
 
 
 
 
 
 
 
 o 
 
 
 U) 
 
 
 
 to 
 
 ■ 
 
 ft 
 
 ir> 
 
 tc 
 
 M 
 
 W 
 
 fc 
 
 tf 
 
 
 
 
 
 
 
 
 o 
 
 'At 
 
 ft 
 
 
 ri 
 
 E 
 
 U 
 
 1-) 
 
 
 39 
 
 58 
 
 50 
 
 l 
 
 22 
 
 19 
 
 
 41 
 
 64 
 
 30 
 
 l 
 
 6 
 
 
 1 
 
 11 
 
 23 
 
 30 
 
 10 
 
 48 
 
 
 2 
 
 10 
 
 36 
 
 
 12 
 
 51 
 
 40 
 
 3 
 
 7 
 
 12 
 
 
 14 
 
 59 
 
 
 4 
 
 9 
 
 4 
 
 
 15 
 
 22 
 
 
 5 
 
 9 
 
 22 
 
 
 16 
 
 25 
 
 
 6 
 
 6 
 
 24 
 
 
 19 
 
 25 
 
 
 1000 
 825 
 792 
 614 
 737 
 
 1071 
 865 
 864 
 
 8 
 9 
 10 
 11 
 12 
 13 
 14 
 
 NORTH OF 
 MONUMENT. 
 
 / 
 
 15 
 25 
 16 
 15 
 21 
 29 
 
 12 
 43 
 64 
 36 
 44 
 60 
 5 
 17 
 
 WEST OF EX- 
 PLORING LINE. 
 
 \9 
 19 
 18 
 l.i 
 „>1 
 23 
 20 
 12 
 
 12 
 61 
 
 20 
 36 
 50 
 21 
 52 
 73 
 
 792 
 778 
 531 
 577 
 646 
 971 
 82S 
 663 
 
 "MOUNTAINS. 
 
 'fi 
 
 'A 
 
 TÎOHTH OF 
 
 WEST OF EX- 
 
 
 <fi 
 
 O 
 
 NORTH OF 
 
 WEST OF EX- 
 
 
 H 
 «1 
 
 > 
 
 * 
 
 W 
 en 
 
 03 
 
 
 
 o 
 6 
 
 MONUMENT. 
 
 PLOll 
 
 aie line. 
 
 
 H 
 
 MONUMENT. 
 
 PLORING LINE. 
 
 w 
 
 M 
 
 -J 
 
 Efl 
 
 z 
 
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 ta 
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 en 
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 'A 
 
 ri 
 
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 W 
 
 m 
 
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 W 
 
 ri 
 
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 en 
 M 
 
 ri 
 
 T. 
 
 h 
 
 W 
 
 a 
 
 15 
 
 31 
 
 2 
 
 50 
 
 11 
 
 52 
 
 20 
 
 750 
 
 32 
 
 28 
 
 58 
 
 
 59 
 
 31 
 
 
 1205 
 
 16 
 
 11 
 
 32 
 
 
 32 
 
 69 
 
 
 2008 
 
 33 
 
 34 
 
 76 
 
 90 
 
 36 
 
 19 
 
 
 715 
 
 17 
 
 32 
 
 49 
 
 90 
 
 10 
 
 75 
 
 50 
 
 857 
 
 34 
 
 32 
 
 12 
 
 70 
 
 53 
 
 43 
 
 
 1511 
 
 IS 
 
 32 
 
 66 
 
 80 
 
 11 
 
 27 
 
 10 
 
 1014 
 
 35 
 
 33 
 
 50 
 
 20 
 
 47 
 
 65 
 
 
 1756 
 
 19 
 
 
 33 
 
 
 50 
 
 17 
 
 
 4645 
 
 36 
 
 33 
 
 56 
 
 40 
 
 52 
 
 74 
 
 
 1916 
 
 20 
 
 32 
 
 26 
 
 60 
 
 13 
 
 19 
 
 45 
 
 1083 
 
 37 
 
 35 
 
 79 
 
 50 
 
 51 
 
 20 
 
 
 2249 
 
 21 
 
 9 
 
 61 
 
 
 49 
 
 23 
 
 
 3085 
 
 38 
 
 37 
 
 14 
 
 10 
 
 43 
 
 20 
 
 
 1694 
 
 oo 
 
 11 
 
 30 
 
 
 50 
 
 13 
 
 
 2814 
 
 39 
 
 38 
 
 69 
 
 20 
 
 44 
 
 34 
 
 
 1626 
 
 2.3 
 
 14 
 
 69 
 
 
 49 
 
 2S 
 
 
 2505 
 
 40 
 
 39 
 
 4 
 
 60 
 
 47 
 
 
 
 1940 
 
 24 
 
 33 
 
 51 
 
 80 
 
 22 
 
 40 
 
 
 525 
 
 41 
 
 39 
 
 37 
 
 90 
 
 45 
 
 43 
 
 
 1476 
 
 25 
 
 28 
 
 15 
 
 
 39 
 
 67 
 
 
 707 
 
 42 
 
 39 
 
 60 
 
 20 
 
 44 
 
 61 
 
 
 1190 
 
 26 
 
 36 
 
 41 
 
 90 
 
 18 
 
 10 
 
 
 480 
 
 44 
 
 41 
 
 44 
 
 15 
 
 45 
 
 10 
 
 
 1450 
 
 27 
 
 24 
 
 12 
 
 
 58 
 
 9 
 
 
 1261 
 
 45 
 
 43 
 
 9 
 
 90 
 
 47 
 
 43 
 
 
 2152 
 
 28 
 
 32 
 
 69 
 
 90 
 
 31 
 
 67 
 
 
 748 
 
 46 
 
 43 
 
 79 
 
 90 
 
 45 
 
 48 
 
 
 1424 
 
 29 
 
 37 
 
 36 
 
 60 
 
 17 
 
 4 
 
 
 44S 
 
 47 
 
 44 
 
 55 
 
 10 
 
 16 
 
 25 
 
 
 1924 
 
 31 
 
 33 
 
 75 
 
 30 
 
 33 
 
 48 
 
 
 449 
 
 48 
 
 43 
 
 6 
 
 SO 
 
 19 
 
 42 
 
 
 971 
 
409 
 
 •MOUNTAINS. 
 
 m 
 
 
 
 
 
 
 
 oî 
 
 
 
 
 
 
 o 
 
 SOUTH OF 
 
 WEST OF EX- 
 
 
 fc 
 
 O 
 
 NORTH OF 
 
 WEST OF BX« 
 
 
 H 
 -< 
 
 MONUMENT. 
 
 PLORING LINE. 
 
 £< 
 
 H 
 
 MONUMENT. 
 
 PLOHINfl LINE. 
 
 i 
 
 
 
 
 
 
 
 M 
 
 ta 
 
 ta 
 
 >■ 
 PS 
 M 
 (■ 
 
 sa 
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 m 
 H 
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 n 
 
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 O 
 
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 GD 
 
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 ri 
 
 W 
 ri 
 
 CHAINS. 
 LINKS. 
 
 H 
 g 
 H 
 
 49 
 
 43 
 
 31 
 
 70 
 
 19 
 
 44 
 
 
 975 
 
 65 
 
 60 
 
 29 
 
 
 52 
 
 55 
 
 1213 
 
 50 
 
 43 
 
 55 
 
 60 
 
 19 
 
 30 
 
 
 963 
 
 66 
 
 68 
 
 73 
 
 
 51 
 
 45 
 
 1609 
 
 51 
 
 45 
 
 36 
 
 
 22 
 
 40 
 
 
 959 
 
 67 
 
 62 
 
 16 
 
 
 37 
 
 49 
 
 1180 
 
 52 
 
 45 
 
 63 
 
 70 
 
 19 
 
 11 
 
 
 1010 
 
 68 
 
 70 
 
 26 
 
 
 49 
 
 
 1571 
 
 53 
 
 49 
 
 62 
 
 50 
 
 21 
 
 17 
 
 
 799 
 
 69 
 
 72 
 
 14 
 
 
 46 
 
 47 
 
 12S8 
 
 54 
 
 51 
 
 6S 
 
 30 
 
 20 
 
 34 
 
 
 630 
 
 70 
 
 67 
 
 25 
 
 
 34 
 
 42 
 
 1255 
 
 55 
 
 42 
 
 61 
 
 67 
 
 10 
 
 25 
 
 50 
 
 488 
 
 71 
 
 66 
 
 10 
 
 
 31 
 
 58 
 
 801 
 
 56 
 
 43 
 
 32 
 
 10 
 
 10 
 
 27 
 
 
 643 
 
 72 
 
 68 
 
 50 
 
 
 33 
 
 57 
 
 1301 
 
 57 
 
 45 
 
 28 
 
 80 
 
 10 
 
 40 
 
 
 591 
 
 73 
 
 69 
 
 63 
 
 
 32 
 
 65 
 
 1389 
 
 5S 
 
 46 
 
 5 
 
 90 
 
 10 
 
 76 
 
 
 525 
 
 74 
 
 71 
 
 13 
 
 
 31 
 
 57 
 
 1200 
 
 59 
 
 54 
 
 8 
 
 30 
 
 6 
 
 50 
 
 40 
 
 432 
 
 77 
 
 64 
 
 46 
 
 
 15 
 
 15 
 
 463 
 
 CO 
 
 55 
 
 30 
 
 
 6 
 
 46 
 
 
 357 
 
 78 
 
 69 
 
 47 
 
 
 15 
 
 62 
 
 497 
 
 61 
 
 100 
 
 70 
 
 
 8 
 
 30 
 
 
 1090 
 
 79 
 
 82 
 
 32 
 
 
 19 
 
 72 
 
 624 
 
 62 
 
 46 
 
 3S 
 
 20 
 
 18 
 
 43 
 
 
 751 
 
 83 
 
 SI 
 
 07 
 
 
 10 
 
 79 
 
 556 
 
 63 
 
 47 
 
 3 
 
 40 
 
 18 
 
 49 
 
 
 780 
 
 
 
 
 
 
 l 
 1 
 
 
 •appendix. 
 
 No. 56. 
 
 Bxortcti from th.- 
 Report nfiheSut 
 
 i ej di u he 
 
 ''III illllf!'- .>' !||f- 
 
 Treaty ol Oheot. 
 
 .1. Jnln ' S 
 
 Sur?i \ ' i. Non Ii 
 i.in«, &c. Survcvi 
 
 No. 3. 
 
 "In the summer of 1817 sundry observations were taken to Mountains from Park's 
 Place, which go fully to confirm the correctness of the situation on the map of several 
 Mountains seen from Mars Hill. Green River Mountain, which we visited next after 
 Mars Hill, lies about 5\ miles north of the River St. John, and on the east side of Green 
 River. Its elevation, by calculation, from the waters of the St. John at the entrance of 
 Green River, is 1,074 feet, and from the waters of the St. John at the entrance of the 
 Aladawaska River, 1,043 feet ; from which it appears that there is 31 feet fall in the 
 waters of the St. John between the entrance of the Madawasky and Green Rivers, a 
 distance of ten and a half miles. 
 
 "Green River Mountain was also seen from Mars Hill, and, by calculation from 
 there, is 1,00S feet high, or eight feet higher than the South Peak of Mars Hill ; and 
 deducting 1,00S feet from 1,074 feet leaves the general level of the lands in the vicinity 
 of Mars Hill 66 feet higher than the waters of the St. John at the entrance of Green 
 River aforesaid. The height of Siegas Mountain, as seen from Mars Hill, is 1,090 
 feet, and as seen from Green River Mountain is 1,0S2 feet, making a difference of 
 only eight feet between the calculation taken from Mars Hill to Green River Moun- 
 tain, and thence to Siegas, and that taken from Mars Hill to Siegas direct. Taking it 
 for granted, from the foregoing facts, that the relative height of Mars Hill and Green 
 River Mountain has been well ascertained, I will proceed to give an account of the 
 country as seen from said mountain. Many of the mountains which had been seen 
 from Mars Hill were again observed from this mountain, and their places, as given on 
 the map, identified with additional certainty. From this Mountain the Highlands 
 which divide the waters running into the River St. Lawrence from those which fall 
 into the Atlantic Ocean were also seen from the exploring line as far west as Timis- 
 couata Lake. At a distance these Highlands assnme a very regular appearance, being 
 not much diversified by peaks of hills and intervening valleys. By taking the general 
 elevation of these Highlands, and knowing very nearly their distance the general 
 height is computed at 2,200 feet, being 1,200 feet higher than the south peak of Mars 
 Hill} and higher than the tops of any mountains south of the River St. John, within 
 
 49 miles west of the exploring line, or between the said line and the River St. John. 
 
 103 : 
 
410 
 
 Appendix. "In pursuing the foregoing subject by observations taken at Mars Hill, it was asccr- 
 
 No. 56. tained that the highest land south of Listook River, which is about half a mile east of 
 
 v.xu^ZZ™ the the line, is f »12 feet. The highest land south of the St. John, being westerly of the 
 
 Hn£r S i£ Grand Falls and directly on the line, is 434 feet, and the highest land in sight, in the 
 
 TrUv of «hem." direction of the line north of the River St. John, supposed to be Sugar Mountains, 
 
 w" which, taking that to be the fact as respects the distance, is 1,036 feet. 
 
 -i.,'.pV i ',' , 'n,,i1ii « The Highlands south of the River St. John, and those south of the Listook River 
 
 Line.&c. Surveys ° ~ . . 
 
 No-3. above mentioned, fall off within a little distance west ot the line into low, swampy 
 
 lands which extend from a low ridge which forms the south bank of the River St. 
 John as far south as the source of the River St. Croix, aud several miles west, with 
 the exception only of Mars Hill, which, as has been heretofore stated, is surrounded on 
 all sides by the same glade of low land." 
 
 tiBh surveyor.- "On my way from Frederickton to Des Chutes I met with a man named Wilsey, 
 Surveys No" 1 . c 'who, in the year 1789, went from the River Maductsinicick on a direct course to 
 Quebec. From this man's account of the country, I was led to expect that near the 
 forks of the Restook I should find a mountain from which a very commanding view 
 of the country would be obtained ; I therefore deemed it my duty to proceed up the 
 river as far as possible, in the hope of reaching this mountain, and thus obtaining a 
 correct knowledge of the face of the country, which cannot be done to any extent on the 
 liver, the banks of which are generally low and covered entirely with wood, so that the 
 view is very circumscribed, and then of reaching either the sources of the St. John or 
 the Penobscot, where vve should again have an opportunity of making observations 
 from the top of Cathadin and of other mountains, which we had already ascertained to 
 be situated in that quarter. We therefore proceeded as fast as the transportation of 
 the stores would admit ; but when we had proceeded about ten miles up the South 
 Branch, by which the Indians say that they usually go to the Penobscot, we found 
 the water falling so fast as to preclude our going any further with the boats ; and 
 being convinced that Wilsey had mistaken the situation of the mountain which he 
 had described, we returned to a station about fifty-two miles from the mouth of the 
 Restook, where we had observed a mountain of considerable height very near the 
 river, and from which there appeared to be a prospect of obtaining an extended view, 
 which, as before remarked, could not be had from the river. Upon this mountain 
 we cleared a spot and erected a stage, from which we had a good view of Mars Hill, 
 and of the mountains to the westward of it. From this station the country to the 
 westward of Mars Hill appears high and mountainous, composed of ridges lying 
 mostly parallel to each other, generally running in a northwardly and southwardly 
 direction, but farming altogether a mountainous chain, extending nearly north-east 
 and south-west, the land in the south-western quarter being evidently the highest ; 
 and this mountainous chain appears to continue north-easterly towards the head of the 
 Bay of Chaleur, as there is a conspicuous range of very high land extending in that 
 direction, and apparently connected with Mars Hill, or with the Moose Mountain, 
 which lies opposite to it on the north-eastern side of the River St. John. This view 
 of the country fully confirms the remarks made last year on the general appearance of 
 the ground as seen from Mars Hill ; and the opinion then given is still further con- 
 firmed by the River Restook, the general course of which is from south-west to north- 
 east nearly, and its current for the most part uniform and of considerable strength, 
 which proves the elevation of the general surface of the country, added to which are 
 the observations of Mr. Campbell, since made on the top of Mount Cathadin, and 
 contained in his report hereto subjoined." 
 
 ********** 
 
 "The plan accompanying this report exhibits our survey of the River Restook so 
 tar as we proceeded, and also a sketch of the country as it appeared to me when 
 viewed from Mars Hill and from Park's, near the Houlton Settlement." 
 
411 
 
 Ci After much difficulty and detention, owing to the low slate of the water in the Appendix 
 rivers, and the consequent number of carrying places, got to the Penobscot, by de- N " 56- 
 scending the Matawamkeig on the 6th of October, and on the 1-ltli to the small River Exuncâ from the 
 Abaljakomigas, from whence Kathardin lies North 40° East distant about 7 \ miles." "' ':,','' ™ier S "h' 
 
 jfc ~ ¥ J» *. ^ .* w M Sth article "l" tii<* 
 
 I reniy <>i Gbenti 
 
 " The day beina; dark and overcast, returned to the base of the Mountain, and en- ~~W 
 
 camped. After several days detention, in consequence of thick weather, snow and Brill8l > A 
 
 11 Survcyoi Mount 
 
 hail storms, succeeded on the 19th in a;ettin2;a most commanding view from the peak. KmhadtMu 
 
 ' o o © I Surveys No, Id 
 
 " In a north eastern direction there is a chain of mountains and ridges extending 
 from Cathardin towards the River St. John, in the neighbourhood of Mars Hill, which 
 chain appears to split or fork at the distance of about 30 miles from Cathardin, one 
 range taking a course towards Mars Hill, and the other running nearly parallel to the. 
 Restook River. This ridge or chain of mountains and hills appears connected with 
 a very high mountain at the source of the south branch of the Restook, which lies 
 North 15° East, distant 15 miles ; the Lake at the foot of it is seen distinctly also. 
 
 " In a South-western direction the chain continues as far as the eye can reach, by 
 ridges and mountains, first toward the Spencer Mountains, which lie South 80° West, 
 distant about 25 miles, and thence more northerly to very high lands, supposed to be 
 those dividing the Kennebec waters from those of the Chaudière, which are to be 
 plainly seen extending in direction nearly North 50 9 East and South 50° West. In 
 every other quarter the land is comparatively low, except one long blue ridge in a 
 North-west direction, extending north-east and south-west, distant about 30 miles, 
 and some detached hills, said by the Indians to be at the sources of Union and Nara- 
 n-uagis Rivers, bearing South to South 20° East. Upwards of sixty lakes and ponds 
 are visible from the Peak of Cathardin; among the rest Chesuncook, North 50° West, 
 distant about 9 miles; and Aphmoogeene Gamook, North 20° West, distant 13 miles; 
 also the communication between them by the Umbazucsus Stream. 
 
 "As the day was clear, and the view very extensive in every direction, I am con- 
 fident that there are no high lands north of the sources of the Chaudière and Kenne- 
 bec, except the ridges above mentioned. The existence of a chain of Highlands, from 
 Mars Hill or its neighbourhood toward Cathadin, and thence to the head of the Ken- 
 nebec is certain. The great height of Cathadin causes the other mountains and hills, 
 forming this chain, to appear to great disadvantage, not only in its immediate neigh- 
 bourhood, but to a considerable distance in every direction ; but they are still very 
 conspicuous from the top; and such as are visible when only part of the way up to the 
 
 peak, look much higher than when on it." 
 
 ********** 
 
 " On the 7th March, 1820, the season being sufficiently advanced for renewing the 
 exploring survey, I left St. Andrew's and proceeded with my party by water to 
 Belfast, and thence across the country to Norridgewock, on the Kennebec; from, 
 whence we pursued the Quebec Road to what is commonly called the Height of Land, 
 lying between the Kennebec and Chaudière Rivers." 
 
 * * •* : *.**'** 
 
 " On this ridge is a large Birch Tree standing on the road, which appears to be on 
 the highest part of the ridge, and is marked by the Canadian and American Surveyors, 
 as the spot to be measured from each way on the new route from Kennebec to Quebec; 
 from this tree proceeded to explore on both sides." 
 
 " Four miles north-east of the marked tree found the spotted line used by the 
 
 drovers on their route to Canada. A tree on the summit, marked with a great many 
 
 names, and called the Old Boundary." 
 
 * * * * * * * * « 
 
 "At one mile more (say 11 miles) intersected a stream running north-easterly, 
 
412 
 
 appendix, taking its rise out of three fine springs; followed it down; stream very crooked and 
 No 56- leading through three Lakes: after tracing it ten miles, found it at length running to 
 ^tracts from the the north-west, quite a large river nearly a chain wide, and winding round the foot of 
 veyor? Under S u, r ê a high, hard wood hill. Ascended the same, about forty chains to the top, and had a 
 Trea"of e Ghent. e good view to the northward and westward; saw the river just left keeping a north- 
 ~ty westerly course toward theChaudiere. The land in thatquarter, as before described: 
 
 Colin Campbell, J .. ... ,. . _ 
 
 Briiien Assistant ano ther small hill south-west of this about a mile distant; saw distinctly the course of 
 
 Surveyor. Mount 
 
 Kntnadin, a*.-— fa e ridge we have been exploring, extending north-east and south-west, distant two 
 and a half miles to three, which proves the very crooked course of the river. Re- 
 turned to the summit of the Main Ridge, from whence I saw a stream running south- 
 easterly along the foot of the ridge, found its source in a Cedar and Spruce swamp- 
 on the south-east face of the ridge measured ; from thence north-west, across the 
 summit of the ridge to one of the lakes on the other side, and found the distance only 
 60 chains; this is the lowest vale we have yet found in the ridge; traced this last men- 
 tioned rivulet down stream several miles in a south-easterly direction, through one 
 large and two smaller lakes, and thence by a large rapid stream until it joins the west 
 Branch of the Penobscot, as will appear by a reference to the sketch accompanying 
 this report. 
 
 " Conceiving it clearly proved that we are thus far on the real high lands dividing 
 the waters, and having seen that height stretching to the north-east for many miles, 
 continued to trace it." 
 
 •* ift $E ■■- ^s w ->•' -'r- ip ?£ 
 
 "At about 22 miles the Main Ridge assumed a different appearance and shape, but 
 continues nearly the same course; instead of a regular ridge as heretofore running 
 straight, there is now a succession of high mountains and ridges, some of them two 
 and three miles in length, lying E. N. E. and W. S. W. and some of them East and 
 West, and a number of detached hills and mountains on either side, at two, four, 
 and even six miles distance from the main ones, among which are ponds and small 
 lakes with outlets or streams, some running to the north and others to the south, 
 taking their rise in the neighbouring hills, and running through the intermediate 
 valleys; at same time a north-east course by magnet intersects most of the highest 
 peaks; examined many of the mountains lying farthest to the north-west, and found 
 the face of the country low, and no ridge extending in any other direction. At 35 to 
 -10 miles along the chain of mountains forming the main ridge, saw a cluster of moun- 
 tains lying North, distant about 6 miles, and not immediately connected with it, al- 
 though the land is high and broken between them. Set out for the highest, distant 
 miles, expecting to find the sources of the Penobscot (Middle Branch) and St. John 
 Rivers among them; from the top of this Mountain had a very commanding view; 
 some smaller detached hills lie North to North-west, distant 3 to 4 miles, beyond 
 which we had a view of 30 to 40 miles in those directions, and there is no ridge of 
 any description in either of those courses; but the land continues low, except where 
 there are occasionally small swells of mixed growth; had a most advantageous view 
 of the main ridge just left, stretching about four miles from my last station on it, in a 
 broken manner, to the North-east, and then apparently more connected and very 
 distinct, stretching about E. N. E. at least 20 miles, toward a high mountain, bare at 
 top, distant 30 or 35 miles, which can be no other than the Restook Mountain, and 
 thence more northwardly, say N. E. towards a very high mountain with two bare 
 peaks, at a very great distance, and much resembling Mars Hill, near the River St. 
 John. The same ridge also extends in a south west direction as far as the eye can 
 reach, and the clefts or valleys through which the streams run, as before described, 
 arc plainly seen: determined as a further proof to explore the sources of the St. John 
 and Penobscot among those mountains ; at one mile, in an eastern direction, struck a 
 branch of the latter near its source, rising out of several large springs, and running 
 
rveva 
 6. 
 
 413 
 
 south-cast. Continued an east course 40 chains further, to another I, ranch; followed ii appendix. 
 down stream, very crooked, four or five miles, where it was much increased by the N " ' 
 junction of the stream last passed. The general course about South 25° East ; at about , ■,.,.," _ 7'„, ,„, 
 4 miles more, general course nearly south, came to the main Branch of the Penobscot, « 
 running South-west to South-east, and at about 1 \ miles further runs east, between two ! n 
 
 hard wood hills, forming part of the main chain or north-east ridge, from the con- r <■-!»,,<■ ,,i„ u 
 
 fluence of this last stream, which the hunters call " Fletcher's," with the main branch s ""' ! n 
 
 r i ii i /-ii Kmlinilin, &c. 
 
 ol the 1 enobscot; followed the latter up stream three miles, course North 45° East; Su,u >- N " H 
 thence G miles (very crooked), general course up stream North 25° West to North 85 ' 
 East, thence North through a bog 2 miles, thence North 5 miles, to a carrying place 
 near the source, being now very small; crossed the same carrying place in a North- 
 east direction, the land low to the St. John River, navigable for light canoes." 
 *******»*„ 
 
 "I left Burlington, (Vermont) on the 13th of June, 1SIP, accompanied by my "< 
 
 assistants, Messrs. Burnham, Partridge, and Hunter, and arrived at Quebec on the '' s survey™ 
 
 ^ 1 rim.i oit;u;i ['or 
 
 15th of the same month. The Commissary, Mr. Powers, proceeded in advance to N B l's"Vide 
 St. Andre, for the purpose of expediting the transportation of the provisions across 
 the Grand Ponage. On the 22d of June, myself and assistants left Point Levi for 
 St. Andre, where we arrived on the 25th, and where I fourni Mr. Powers, zealously 
 engaged in making arrangements for the transportations of the provisions. On the 
 26th, myself, assistants, and the men, left St. Andre and proceeding across the portage 
 on the foot, reached Lake Tinniscouata on the following day. The route across the 
 portage, naturally had, was at this time rendered much worse than usual, in conse- 
 quence of the heavy rains which had recently fallen. This, while it made our march 
 very fatiguing, considerably retarded the progress of the provisions. I commenced 
 a series of Barometrical and Thermometrical observations, at high water mark at St. 
 Andre, which was extended across to Lake Tinniscouata. I remained at the Lake 
 two days, when I determined to proceed on in advance to the mouth of the River De 
 Chute, leaving the assistants to come on with the provisions. Accordingly, on the 
 30th June I left Lake Tinniscouata in a canoe, and continuing my Barometrical ob- 
 servations, reached the mouth of the River De Chute on the 3d of July." 
 ********* 
 
 "Mars Hill is an insulated eminence, (having no connection that I could discover 
 with any ridge of Highlands,) situated about one mile and six chains due west from 
 the eastern boundary line of the United States, as at present explored. It consists of 
 two peaks, the Northern and Southern, which are in a right line, two miles six chains 
 and sixty links apart; but to get from one to the other, it is necessary to travel about. 
 two miles and a quarter. The South is the highest. The prospect from this Hill is 
 very fine and extensive. To the South-west, at a great distance, appear some lofty 
 peaks of Mountains, the most elevated of which is supposed to be Mount Kuthadin. 
 near the Penobscot River. To the West are some eminences of less elevation. To 
 the North-west and North the country appears to rise pretty uniformly, and finally to 
 terminate in a ridge of elevated land, which extends, to appearance, nearly in a North- 
 east and South-west direction, as far as the eye can reach. Indeed the whole country 
 to the West, and as far North as the ridge just mentioned, setting aside the small ine- 
 qualities on its surface, appears to form one immense inclined plane fronting towards 
 the South, with a gentle inclination to the East. The whole extent is still in a state 
 
 of nature, without the habitation of a single civilized being to adorn its surface." 
 
 * * * *. * .,- -* * * * 
 
 " I left Point Levi, accompanied by my assistant, Mr. Partridge, and passing 
 through a well cultivated and picturesque country, reached the upper settlements, on 
 the Chaudière, on the first of September. On the second of September, having en- 
 gaged two Frenchmen as guides and packmen, with a horse and cart to aid in trans 
 
 104" 
 
414 
 
 appendix, porting our provisions and baggage, we entered the Wilderness; and on the morning 
 of the 4th arrived at the Monument on the highlands, distant from the upper settle- 
 F.nracis from the ments, on the Chaudière, 20i miles, and from Quebec 95| miles." 
 
 ReporlsoftheSur- - 
 
 veyoie under the ********* 
 
 . r »ih article of the 
 
 Treaty of Ghent, « The road is cut through to the Highlands, and so far worked that we got on with 
 Aiden Part 'd our cart to vv ' tn ' n one m i' e of the Monument, where we left it. The Monument, so 
 Tèmiscou r at e a Po7 called, is a small carved image of wood (suspended against a large birch tree), holding 
 Ni»! tuDAtT"** a sword in one hand and a flag and sword in the other. This station has been agreed 
 upon by the Road Commissioners on behalf of the province of Lower Canada and of 
 the State of Massachusetts, as the summit of the ridge of highlands which divides the 
 waters flowing Northerly into the St. Lawrence, from those that flow Southerly into 
 the Atlantic; and they have consequently fixed upon it, as the point where the Pro- 
 vince and State roads, respectively, shall commence and terminate." 
 
 "On the 7th of September we resumed our course, and on the 10th arrived at 
 Ilallowell, to which place the tide ia the Kennebec reaches. Here I terminated the 
 series of Barometrical and Thermometrical observations, which had been regularly 
 continued from Point Levi to this place, a distance of two hundred and thirty-six 
 
 miles." 
 
 "TABLE OF ALTITUDES. 
 
 C Grand Fourche Mountain 
 
 Grand Portage. «; Paridis Mountain 
 
 . 1,336 ^ Above Tide Water of 
 
 x-ariuis iviounian . 1,309 V the St. Lawrence at 
 
 (Bier Mountain 1,320 ) St. Andre. 
 
 iNerth Peak lj363 ) Above the surface of 
 
 Country from Point 
 Levi to Hallowell, < 
 Maine. 
 
 Above the surface of 
 >the St. Lawrence at 
 Point Levi." 
 
 <r, No. 4.) 
 W. G. Hunter, U. 
 
 S. Surv. -, m . I'm 
 hasucsus Portage, 
 &c. Nos. P, 9, 10. 
 
 Mars HiU. ^So'uthPeak .' ! ! : ! ! l',uZlt the ?'■ J u oh " * the 
 
 ) mouthofthe De Chute. 
 
 Monument on the Highlands . 2,002 
 1st height of land South of the 
 
 Monument 1,952 
 
 1st height of land South of Moose 
 
 River 2,0S2 
 
 2d height of land South of Moose 
 
 River 1,862 
 
 " The Aliquash takes its rise in a large circular morass, about one mile and a hall 
 in extent, surrounded by a tract of land extremely low and marshy. A slight in- 
 crease of the streams, uniting in this morass, gives it, probaMy, the appearance of a 
 pond, but at all times the same muddy pond by which it seems heretofore to have 
 been designated will be appropriate. The timber about the margin of this morass or 
 pond is of a very inferior growth and quality. No heights of land are observable in 
 any direction, save the lofty summits of Katahdin, which, from their superiority over 
 any eminences thereabout, may not only be distinctly observed from this, but from 
 several other points on the river. The Aliquash, at first a mere rivulet, flows from 
 this morass in nearly a due North direction, about two miles and a half; and, at the 
 termination of this distance, contributes to the formation of a very extensive body of 
 water, called Chimney Lake. The current of the river, from its source to its entrance into 
 this Lake, is alternately rapid and gentle, but most of the distance of the latter descrip- 
 tion; so extremely small is the quantity of water thus far from the source, that in order 
 to render the navigation of it practicable, the stones have been heretofore removed 
 from the channel of the river. Chimney Lake is by far the most extensive body of 
 water through which the Aliquash passes in its course : its shores are rocky but no 
 where bold. There are a few slight elevations of land observable near the Lake; but 
 the genera] surface of the adjacent country is flat; the timber immediately on the bor- 
 ders of the Lake is cedar, spruce, poplar, and white birch, interspersed with inferior 
 pine. Apparently there are but very few tributary streams to this lake: the extent of 
 
415 
 
 it, however, rendered my knowledge on this subject very imperfect. Upon the sur- Appendix. 
 face of the Lake, Katahdin once more attracted my attention. It appeared to be at N<> ' 5G - 
 considerable distance, and in a South-easterly direction from me. In the intervening r, x „. 
 
 'IK ' I Ilf 
 
 distance, near Katahdin, many other lofty peaks were observable. Actuated by a be- ?$ 
 lief that a prospect from some one of these summits, if I should not succeed in attain- Trea "'ore Mont".' 
 ing that of Katahdin, would afford a more perfect idea of the general surface of the "• n° i 
 country than any limited view I could possibly have from the river, I directed my survéyô'^T'mbii' 
 steps towards them. I did not gain the summit of Katahdin, but near it I ascended a &c - Survc y«. »»' 
 peak, the prospect trom which probably subserved the same purposes of information 
 that the ascension of Katahdin itself would have done. In a Westerly direction at a 
 great distance, a blue ridge was clearly distinguishable; it continued North until inter- 
 vening objects shut it from your view. This ridge appeared extremely uniform in 
 its height, and gradual in its rise. Nearer, and in a direction a little South of West, the 
 surfaces of Moose-head and Chcsuncook Lakes were observable; also many consider- 
 siderable eminences, among which were Spencer Mountains. In a Southerly direction, 
 the country lying between the Penobscot and Kennebec Rivers was broken and 
 mountainous; East and North the country presented a variegated scene of hills, lakes, 
 and valleys. The general surface, however, appeared level. The eminences were 
 small and isolated. The country, surveyed from this elevation, is finely watered 
 with small lakes and ponds, the surfaces of which, from my elevated situation, gave 
 the only diversity to the scene, or relief to the eye, as it wandered over the immense 
 wild beneath me. Katahdin is apparently the loftiest mountain in this region. Its 
 base is very extensive, the streams in the vicinity of this mountain are tributary to the 
 Penobscot; the surface of the country, traversed in performing this tour to the Moun- 
 tain, alternately rose and fell; the ascents, however, were small; considerable quantity 
 of hard wood covered the most elevated parts. The distance of the Mountain from 
 Chimney Lake I have estimated at twenty miles. The discovery of the only tribu- 
 tary stream, to the last mentioned lake, laid down on the map of the Aliquash, was 
 
 made in the course ot my tour to the mountain." 
 
 ********** 
 
 "The portage, leading from the source of the Aliquash to that of the Umbasucsus, 
 is about two miles in length. The land, over which it passes, is level, and, until 
 within a few chains of the small lake giving rise to the latter river, is quite marshy. 
 The land descends a very little when near said lake, and is covered with a fine growth 
 of hard wood. 
 
 "The source of the Umbasucsus, as before observed, is a small lake about three 
 miles in length and one in breadth. A few swells of land rise immediately from its 
 shores, but their magnitude is trifling. The Umbasucsus is about seven miles in 
 extent, and discharge» itself into Chesuncook Lake, after receiving, about half a: mile 
 from its mouth, Black River. 
 
 " The Umbasucsus, from its rise to its junction with Black River, is very small, and 
 hardly navigable for canoes. The land through which it flows, though in some places 
 marshy, is not uniformly level. One mile from the mouth of the Umbasucsus the 
 Penobscot enters the same Lake. 
 
 "The Penobscot River, so called from the numerous falls and rapids with which it 
 abounds, takes its rise in a marshy pond or morass, very similar to that giving rise to 
 the Aliquash. There is a portage leading to St. John River, said by my guide to be 
 only two miles and a half in length, from this source just described. No eminences 
 are observable in this quarter. The land immediately adjacent to the head of the 
 river is low and marshy and almost bare of wood about the pond. The whole extent 
 of the land over which the portage to St. John River passed, if the truth of my guide 
 may be relied on, was of the same description of that immediately surrounding the 
 source of the Penobscot." 
 
416 
 
 appendix. "The maps only exhibit the waters I explored myself. In no instance has any 
 
 No ' thing been laid down on the authority of others. The information 1 occasionally 
 
 Extracts from the derived from different sources, relative to the existence of lakes, ponds, streams, port- 
 
 veyors under the ages, and highlands, might with great safety have been relied on, yet I have only de- 
 
 5th article of me ° ' .„.?., /- i • 
 
 ïreaty of Ghent, signated such as fell within the compass ol my own observations. 
 
 r -f ******** * 
 
 (,„) " As soon as the party that had been sent for provisions returned, we proceeded up 
 
 W F . Odell, Brl- _ , ., i , • -, 
 
 ti-h Surveyor.— the Penobscot, and while the men were employed in carrying the stores and boats 
 
 Sources of-Penob- . T . . 
 
 scot,&c. over the portages, into Lhesuncook, 1 went with my assistant, Mr. Campbell, and a 
 
 small party accompanied by Mr. Loring, the United States' Surveyor, into the Aph- 
 moogene Gamook, the source of the Aliguash Branch of the St. Jolm, intending, if 
 possible, to explore the sources of the Kestook, and of the Eastern Branch of the Pe- 
 nobscot, but the small streams were so nearly dry as to render this plan impracticable. 
 
 " The route from the Penobscot to the Aphmoogene is by the Umbazuckscus, a 
 small stream emptying into the head of Chesuncook. This stream is completely serpen- 
 tine, and perfectly still or dead water for a great part of its extent; running through a 
 meadow fifty to eighty rods in breadth, and covered with rushes and coarse grass; above 
 the meadow there is a moderate current. It takes its rise in a pond of the same name 
 about four miles long and about a mile in breadth. From this pond, a long, high ridge 
 of land, called by the Indians Quacum Gamooksis (or little Gull Lake) Mountain is 
 seen bearing North-westerly, distant by estimation about twenty miles, and extending 
 North-easterly and South-westerly. 
 
 "From Umbasucsus pond there is a portage of two miles to Pongum Gamook or 
 Mud Lake, the first St. John Water; this Lake is about three miles long and nearly 
 one in breadth, but very shoal, with a soft muddy bottom, and covered with pond lilies. 
 The land immediately round the lake swampy. This lake discharges into the Aph- 
 mogene, by an outlet which does not exceed a mile and a quarter in length. 
 
 " The Aphmogene Lake is about fifteen miles in length and from two to three in 
 breadth; the banks low and swampy. To the Eastward of this Lake is to be seen a 
 very high range of Mountains, stretching North-east and South-west, Cathardin lying 
 behind or South east of them. These Mountains appear to lie to the North-west of 
 the East branch of Penobscot, and to divide the waters of that branch from this lake. 
 We proceeded to the South-eastern end of the lake, and examined the stream described 
 by the Indians as the route by which they go to the Restook, but found it too low 
 to attempt; indeed most of these routes described by the hunters are practicable only 
 in the spring, when the waters are high. We therefore returned to the Penobscot and 
 pursued our journey up that river." 
 
 * * r. * •* * * -J; # j, 
 
 " The navigation of the Penobscot is very difficult, being very much interrupted with 
 falls and rapids. The banks are in general but little elevated above the water; but 
 about half a mile below the mouth of the eastern branch, there is a hill on the Western 
 side called Sandy Hill, from the top of which there is a distinct view of Cathardin and 
 of the range of Mountains before described seen from the Aphmoogene Lake. 
 
 "From the mouth of Chesscboo, a small stream coming into the Penobscot a few 
 miles Westward of the head of Moose Lake, there is a distinct view of part of a range 
 of Mountains, called by the Indians Guaspempsistuc, stretching North-east and South- 
 west, distant about ten or twelve miles, and lying between the Penobscot and St. John 
 Rivers. 
 
 " The sources of the Western branch of Penobscot are a little to the Westward of the 
 Quebec Road, where this branch is divided into three small streams that are intersected 
 by the road. The Northern branch takes its rise in a small pond, surrounded with 
 bog, to the Northward of which is a small elevation of land, and a low ridge to the 
 Westward. 
 
417 
 
 « From the entrance! of the Portage at the North-eastern shore of tins pond, there JîppendiA 
 is also a distinct view of Guaspémpsistuc Mountains. No - 5,i - 
 
 " There is a portage of two miles in length from the pond at the head of the North cxtracta from ate 
 Branch of Penobscot to a small branch of the St. John River. This portage is ;ill !'7"1" „'!,!i'.", ^'!' 
 bog and swamp, covered with small Yamaracs, except about half a mile, where the Treaty ôrV 
 
 .h< at, 
 
 around is a little more elevated, and the timber chiefly spruce; but the land still ('") 
 
 ° J L W. P. Odcll, Bri 
 
 swampy. tinli Surveyor 
 
 Bourcoa oi l'i ut B 
 
 " The Branch of (he St. John to which the Portage leads is a small and very 8C " 1 ' &c - 
 crooked stream, running through bog and swamp; the banks almost level with the 
 water, and much obstructed with alders for about six miles, when it joins a larger 
 stream coming from the Southward, called by the Indians and hunters the Main 
 Branch, which takes its rise near the head of Chesseboo, in the Guaspémpsistuc 
 Mountains above mentioned. These two streams, about a quarter of a mile below 
 their junction, discharge into a lake, called by the Indians Oolastaquon Gamook." 
 
 ( 'nlin < lampbell 
 yor. 
 
 "On Tuesday the 19th September, set out down the Penobscot, on my route to the 
 Aliguash River, a branch of the St. John. The stream below the fork 2i chains B Sj §;™j! 
 wide, and shallow: a narrow Island above two miles long commences about 20 chains r™,*-.''''-''''' '' 
 below the fork. Found the first three miles very serpentine, varying from S. 30° E. 
 to N. 60° E. the general course about N. 50° E. The next 3 miles continues very 
 crooked also, say S. 50° E. to N. 70° E. general course about N. 60° E. The 
 next two miles more straight, general course N. 45° E. The river continues 2 to 3 
 chains wide, the current moderate and quick, alternately; thence the river turns more 
 South-easterly, say S. G0° E. for one mile and 10 chains (9 M. 25 C.) 
 
 " For two and a half miles further, the general course is about S. 45° E. ; current 
 very moderate and water deep; the river about the same width as last noticed; here a 
 stream navigable three miles for canoes, comes in from the North, extending up stream 
 in a North direction. 
 
 " Littlefield, one of my party, (an American residing on Kennebec River), says he 
 hunted upon it two seasons; that following its windings it is twelve miles, or about 
 eight in a straight course, to a small pond, from whence there is a carrying place, the 
 co. N. W. distance 20 chains, through a heath bog into a branch of the River St. John, 
 with a Lake a mile and a half long at its head, surrounded by part of the same high 
 land or main ridge that be traced with me last spring, and which we have a good view 
 of from this station, extending N. E. and S. W. distant S to 9 miles." 
 
 * t # * * X * * ■■• * 
 
 " After dinner set out again down the Penobscot to the mouth cf the River Umba- 
 zucsus, which empties into Lake Chesuncook; thence up the Umbazucsus, and carried 
 the skills and canoes over the carrying place between this branch of the Penobscot 
 and the Lake Pungum Gamook, which is the source of the River Aliguash. Arrived 
 at the inlet of Aphmoogeenec Gamook Lake, on the evening of the 27th September. 
 As a particular description of this route has been included in the general report, the 
 courses, distances, &c. are not here mentioned." 
 
 It was our object to find out as far as practicable the relative situa- 
 
 tion of the heads of the waters emptying into the river St. Lawrence on one side, and ï\ s l"sZvey< 
 
 •I. !.. Tiarks, Itu 
 
 eyor- 
 
 into the river St. John on the other, and with a view towards this point, to visit asxajudi pôrugot- 
 
 many places where the waters of these rivers divide near one another, as we could ob- 
 
 tain information of, through the few people who visit those countries." 
 
 * * » * **■#■*** », 
 
 "The branch of Green River which leads to the country that we had to explore, 
 
 is a mile below the portage, and empties itself into the main stream on its right bank, 
 
 in a South-easterly course. It is called by the hunters the Little or Second Fork of the 
 
 105" 
 
4IS 
 
 Appendix. Lakes, there beingsome miles lower down another large branch coming in, nearly in the 
 
 No - 56, same direction, both having some lakes on them. We arrived at the mouth of the 
 
 Extracts from the branch 31st of July. The water in this river is not sufficient in that season of the 
 
 veyols under !b» year to carry a canoe, and we were therefore obliged to leave our canoes with some 
 
 5ih article of the , „ . . .^ , . , , 
 
 Treaty of Ghent, men at the mouth of the river, and set out again with a small party and the necessary 
 stock of provisions. For the convenience of travelling, we kept on the rising ground 
 
 J. L. Tiarkp. Cri- * . ° ° 
 
 tish surveyor. — as near (j le r iver as we could, in order to mark its course, and as we were led to expect. 
 
 Green River and r 
 
 ï" ladi . Pu v m ^'- s - _ soon reached a small lake. A little above this lake, and at an equal distance from 
 another lake on the same river, we found, as we expected, a considerable brook, which 
 we followed to its source. We found this to be in a swamp covered with Spruce and 
 Larch trees, and plants usually growing in marshy places. Twenty rods further North 
 the water runs north, forming a small brook, which at the distance of about thirty rods 
 from its source, discharges itself in a northerly course into a lake, which is about 60 
 rods broad and three quarters of a mile long. The whole lake is surrounded by the 
 swamp, and on the banks it was in that dry season of the year hardlypossible to walk, 
 without sinking into the marsh. Otters, beavers, and muskrats seemed once to have 
 inhabited this place in great abundance. The course of the river by which the lake 
 discharges itself on the northern side, is at first nearly due north, and afterwards le 
 point east (by compass variation about 16° W.) High unbroken ridges enclose on 
 both sides the swamp, from which the water thus runs in opposite directions, the ridges 
 forming a long, deep, and narrow valley, in the directions of both rivers, viz: near- 
 ly North and South by compass. We were informed that the river running north- 
 ward is a branch of Ramousky River, falling into the river St. Lawrence, but we did 
 not follow it far enough down to satisfy ourselves, by our own inspection, of the truth 
 of this information. We returned to our canoocs on the 5th of August, and descend- 
 ed with all possible despatch Green River, for Madawasky, where we arrived on the 
 evening of the 7th. 
 
 ■•The next place where, according to our information, rivers running in opposite di- 
 rections, towards the St. John and St. Lawrence, head closely together, is on Tuladi 
 River which discharges itself into Tinniscouta Lake, and an expedition to that river 
 was therefore determined upon. We left the Madawasky settlement on the 12th of 
 August; arrived at the mouth of Tuladi River on the 14th, and ascended that river 
 on the 15th; about 16 miles up the river we came to the first forks; the one on the 
 right, which passes through Squattuck Lake, seems to be the more considerable; guid- 
 ed by a small plan, traced by an Indian, we followed the one on the left, which brought 
 us, within less than a mile, to other forks, where the one on the right is again the more 
 considerable. We ascended the smaller one, a narrow little stream with very little 
 current, and an exceedingly crooked course, and came to a considerable lake, at the 
 end of which there is a stieam, forming one of its principal inlets, which is very narrow, 
 and so blocked up with floodwood, that the Indians, who seem to have travelled this 
 route, frequently have made a portage across the country. We reached this portage, 
 on the afternoon of the 18th, left our canoes at the entrance of it, and set out immedi- 
 ately, accompanied by two men to carry our packs. Impeded by rainy weather, we did not 
 reach a small lake, about A\ miles distant, until the evening of the 20th. On the 21st 
 we followed it up to its inlet, which is a broad shallow stream with very little current, 
 surrounded on both sides by a swamp. Here we found again a portage path, which 
 we followed. It goes through a swamp, covered in some parts with deep grass, and in 
 others with thin wood, consisting of the Spruce, Larch and Birch trees, intersected by 
 various small rills of water, which unite and discharge themselves into the lake, and 
 surrounded on both sides by high, unbroken ridges, leaving between them a valley 
 nearly half a mile broad. Having crossed several of the small rills running Southerly 
 into the lake, we struck, in the same swamp, water running to the northward, which 
 by measurement wc found only a little more than twenty rods north of the other water 
 
nnj 
 
 419 
 
 funning south, both issuing from the same swamp. As we only crossed the waters, Jlppendi.t 
 
 their heads may still be nearer to one another. We now struck on our course several No ' '"• 
 
 smaller streams, running north, and at Ihe distance of one mile and a half, the portage Extracta from the 
 
 path lead us to a stream about half a rod wide, into which they discharge themselves. veyan^irtfr^ha 
 
 The course of the stream is North-east, and according to the Indian's plan it rmis'ii'-.u '•' 'il! 1 
 
 through a lake, the place of which we saw distinctly, but our provisions being exhaust- <"T 
 
 , , , . , ■ j i. i . i 
 
 eu, we had no time to goto it, which besides was not necessary, as a view of it would u ' h Surve > 01 
 
 have afforded little proof of this river being water discharging itself into the St. Law- T ullldl Por "« M 
 
 ° o o Surveys, Ko. 15 
 
 rence, the only important point in question. We understood this stream likewise to be. 
 a branch of Ramousky River, and if it be so, here we had also discovered a point 
 where near waters run in opposite directions, on one side into the St. John, and on the 
 other, most likely, into the St. Lawrence. We were struck with the great resem- 
 blance of the general features of the two places of this description which we had seen; 
 in both cases the waters running in opposite directions issued from a swamp, bearing 
 nearly the same plants and timber. The ridges in both cases run regular and unbro- 
 ken, parallel to both waters, dividing in the valley between them, and so far from there 
 being in those places a ridge, separating the waters running in opposite directions, we 
 find insulated points, without the least chain of connection with other similarly situat- 
 ed places, in the depth of narrow valleys where such divisions take place." 
 
 C) 
 
 " On the following day proceeded to the Lake called by the Surveyors Lake Metis: 
 
 Meljer- 
 
 Por 
 
 f 
 
 anil 'J.j. 
 
 followed the ridge on the Northerly side of Beaver Stream. From the peak, about five survëyor'Mei 
 miles west of the exploring line, saw the ridges south of Beaver Stream; they appear- Surveys 
 ed very regular in the direction of that stream. Some higher ridges presented them, 
 selves beyond. 
 
 ' ' To the North the land appeared high and broken. In a North-easterly direction, about 
 ten miles distant saw a high ridge, extending in a northerly and southerly direction, 
 which I suppose to be near the stream called by Mr. Johnson Metapediac. Also saw 
 from this station the Lake. Proceeded past this Lake, and found near it two smaller 
 ones; ascended a high swell, near the second small Lake, from which saw the ridges 
 on the Memkeeswe, and some high mountains in a south-west direction, about fifteen 
 miles distant, which I supposed to be situated near the source of the Grand Fourche of the 
 Memkeeswe. The highest land observable from this station is south of Beaver 
 Stream, and the lowest in a north-westerly direction."' 
 
 * * "' * * * * * r % 
 
 " Aller settling with and discharging the Indians, proceed- 
 ed to Quebec, where I arrived on the 17th December, and immediately commenced 
 making preparations for the route up the Chaudière; left Quebec, and reached the forks 
 of the Chaudière on the 24th December. At this place we employed two Indians as 
 guides, and learned from them that the main head of the Du Loup was a long distance 
 from the St. John, but that a branch of the Du Loup, called Metgarmette, headed near 
 water of the St. John. Therefore eonclude-d to trace that stream to its source; pro- 
 ceeded up the Du Loup, twelve miles, to the. mouth of Metgermette; thence up that 
 stream three miles; thence took a line marked by the Indians, which led us directly to 
 the source, by a shorter route, distance on line, nine miles; course North 80° East — 
 near this source, on the southerly side of the line, lies a high mountain, which the 
 Indians informed me commanded a view of the surrounding country to a great dis- 
 tance. We ascended it on the 2d, 3d, and 4th days of January, but at no time could 
 have a view of the surrounding country, owing to the state of the atmosphere; while 
 it was pleasant at the foot, it would be found snowing on the summit of the mountain. 
 Therefore was obliged to relinquish the idea of getting any views. About one-fourth 
 of a mile from the source of the Metgarmette, found the source of Penobscot water. 
 Two streams pass each other, and at one place are only six rods apart. Found the 
 
420 
 
 Appendix, source of St. John water, about half a mile east of those sources-, and another source of 
 
 No. 56. t j ie p eri0 bscot, a few rods distant. All those sources have their rise in the same 
 
 Extracts from iheswainp. Though the timber is a little varied, that at the sources of Penobscot, and 
 
 veyors under the Metgarmette, is Spruce, Larch, and Cedar. That at the sources of Penobscot, and 
 
 r.th article of the . ri n . r.. . , hait rni i 
 
 Treaty of Ghent. St. John, is Spruce, .bir, JJirch, and small Alders. 1 he timber at those two last men- 
 ") tioned sources is all by which the land is discovered to be any higher than at the two 
 
 H- Burnhatn, V S. ' t J ° 
 
 mcuei"'' a"e l — ^ rst ' as tne e y e P erce ' ves n0 difference. Ridges pass directly by on either side, as 
 Su dSBL 8 ' Nus ' 3 w '" ^ e seen ^y l ' le ^ a P accompanying this report. From those sources followed the 
 St. John's water, on a course N. 70° E. three-fourths of a mile, when came to a small 
 lake, thirty chains in length, fifteen chains in width, bearing from inlet to outlet N. 
 40° E. left this lake on a course N. 30 W. which followed one mile and quarter, when 
 we struck La Famine water near its source. A source of the St. Johns is found a few 
 rods from it, both in a swamp; timber, Spruce, and Larch; thence north three-fourths 
 of a mile; thence N. 45° W. three-fourths of a mile, to outlet of second lake of the St. 
 John, laying east and west three-fourths of a mile long, one fourth broad. West from 
 the head of this lake, at the distance of half a mile, struck the head of La Famine Lake; 
 small streams empty in at the head of each, which have their rise near each other. 
 This lake lays N. and S. is one mile long and one-fourth broad. Thence traced the La 
 Famine to the Chaudière. It has its junction with that river three miles below the 
 mouth of Du Loup." 
 
 (s) " About one mile from the head or south end of this upper lake, we found 
 
 Thomas Catlilc, . - , . . . -. fl T ~, , /..,.,^, T , 
 
 BritMi surveyor, the source of the greatest inlet or the Quelle River; that of the little St. John is about 
 
 Ouelle and Metjar- . _ .. ... 
 
 mette Portag.-s.— ten chains from it in a south-west direction, and one-fourth of a mile to the eastward 
 
 Surveys, Nos. ~4 
 
 "i* 13 ' 5 - is the source of another branch of Little St. John. All these streams come from a 
 
 swamp of some extent; a small rocky swell in the swamp divides the sources of the 
 last mentioned branch and the Ouelle, but there is no perceptible rise between the 
 others. On the East this swamp is bounded by a ridge of moderate height, which be- 
 gins below the lower lake on the east side, and continues southerly along the upper 
 lake, passes the sources of both the Ouelle and Little St. John rivers, and extends 
 along the latter. On the west side of the swamp there is a swell, which commences at 
 the head of the upper lake, and continues to the branch of the Little St. John first 
 struck; another swell divides the two branches, which passing round it on each side, 
 unite about one mile from the sources. There is a portage four miles long, which be- 
 gins at the head of the upper lake, keeps along the rising ground on the west side of 
 the swamp, intersects both the branches of the little St. John already mentioned, and 
 ends about five miles above where this river joins Black River. A ridge running to- 
 wards the south divides these streams, then retaining the name of Black River below 
 ihe forks for twenty miles, it joins the river St. John."' 
 
 * * * » * ir « -W * i * 
 
 "At three miles along 
 
 this line struck off to the south and ascended a high mountain, that we might have a 
 view of the country, but were disappointed, owing to the haziness of the horizon; about 
 tour miles further, the line passes along the brow of a mountain, on the same ridge as 
 the mountain already mentioned, but the same reason prevented us seeing further than 
 the ridge on the opposite side of the river, to the northward. The head of the Met- 
 germette is about nine miles from its junction with the de Loup; it commences in 
 swamp at the foot of the ridge on the south side; here also is the source of one of the 
 branches of the Penobscot river, in the same swamp, and within eight rods of the other 
 water, running nearly parallel, but in a contrary direction; namely, east for several 
 rods, then inclines a little towards the south, and at two miles there is a small lake one 
 mile long. The ridge on the south side of the Metgcrmette continues along past the 
 sources and down the Penobscot. One-half mile east from these two sources there is 
 
421 
 
 adivision of the waters of the St. John and Penobscot rivers in some marshy grounds; Jlppendia 
 the stream of the latter joins the one already mentioned, a few chains from the source- No ' -'"• 
 that of the St. John, after running N. 70° E. one-half mile, forms a lake one mile long BxtracTfwTin Oic 
 and one-half broad; there is a ridge of moderate height between this lake and that of iV fyoYJ'ul ■!i'.'.', '\"i.'. 
 the Penobscot, which, gradually diminishing both in height and breadth, forms but Treaty!!? Chin?' 
 a small rise near the sources. 7>T" 
 
 ,,tm .1 ii ,i • -i t> ,, -m M . Thomas Corlile. 
 
 " the ridge on the north side of the Metgermette approaches to that of the opposite """ '' suneyoi 
 
 ..... , in. Oliello "ml M. liai 
 
 side, until near the source, then rounds oil towards the north, to where a division of St """*' Po'i»s«< 
 
 t n Surveys Nos ■> 
 
 John and La b amine rivers takes place, also in low land; North from this is another '""' *''■ 
 lake of St. John water, the outlet of which joins with that of the other lake, some little 
 distance to the eastward. The inlet of this last lake is a small stream of about one- 
 fourth mile long, coming from the west, and as we were informed by the Indians, 
 heads in a swamp, from which also water flows in the opposite direction to the head of 
 a lake on the La Famine River. This lake is more than one mile long, bearing North 
 and South, the outlet then gradually turning to the west, keeps nearly that course un- 
 til it enters the Chaudière, three miles below the river Du Loup. On the map I have again 
 another branch of the La Famine River, which by the Indians' account heads near that 
 of some of the St. John branches, but at a greater distance cast of the Chaudière than 
 the sources we visited.'' 
 
 "Accompanied by Mr. Charles Loss, His Majesty's Assistant Surveyor, on my ai- M 
 
 1 i .u ., r.> a.- i t , . W. G. Hunter, 1 
 
 rival at the mouth ot the Aliguash, I proceeded to execute my instructions relative to s - surveyor, u 
 
 i i • . /• . o t r lliancli & Portage 
 
 the exploration ot the river St. John, Irom that point upward.s to its sources, and the2 fSout " B ' !ln " 
 
 1 r 3 St. John. Survevi 
 
 country adjacent thereto." Now. 
 
 * * * * ■* * s » % 
 
 . . . . " The Highlands inthe vicinity of the sources of the West and North- 
 west branches are represented as they appeared when viewed from- different situations: 
 some of the peaks composing the range were of considerable magnitude, and visible 
 twenty or twenty-five miles, a circumstance less to be attributed to the elevation of the 
 points from which they were surveyed, than to the extreme evenness of the interjacent 
 country. What appeared like insolated peaks at the distances abovementioned, on a 
 close examination were found to be summits of very extensive ridges. These ridges 
 extended in a northerly direction, how far I am unable to say, until intervening ob- 
 jects shut them from my view undiminished. They also extended southerly, and there 
 was an evident diminution in their magnitude, but the termination of them was not visi- 
 ble from the sources of the West branch, near which they were last viewed." 
 * » * • * * * * * » 
 
 . . . . "Of the principal source, of the south branch I can assert nothing, on 
 the authority of my own observations, not having explored it: I have represented it, 
 however, on the map, upon the authority of information derived from different sources 
 relative thereto, the correctness and credibility of which there is no reason to dispute. 
 My personal explorations on the south branch toward its principal source went no 
 farther than the entrance of the first tributary stream after passing through the body of 
 water on this branch called Baker Pond. The ascension of this stream was necessary 
 in order to gain the head of Penobscot river, to which a portage leads, as will be obser- 
 ved by the Map, and also the extent and course of said stream. 
 
 " The portage alluded to above, is two miles in length, and is the customary route of 
 the Indians, in passing to and from the waters between which it communicates. The 
 waters, however, of the respective livers, make a much nearer approach above or north 
 of the Portage than at its commencement and termination; but at these two points the 
 possibility of canoe navigation ceases. The branch of the St. John from which the por- 
 tage leads, pursues a very winding and sluggish course, through an open morass or bog, 
 
 nearly to its entrance into the principal source of the south branch, just above Baker 
 
 106* 
 
422 
 
 appendix. Pond. The land at the commencement of the portage is extremely low and swampy, 
 No - s6, hardly above the surface of the adjacent stream. The face of the earth in this vicinity, 
 
 Attracts ir the and that across which the portage leads, is covered with a very thick soft coat of moss, 
 
 R *"oïï* Cnder S ûu which, on heing pressed by the foot, immediately admits it into the water which every 
 
 veyo 
 
 5th HrtKlr Ot tllP ~. . . , 
 
 rrcniy or Ghem. where lies concealed beneath, I he trees are ot a very interior growth and thinly 
 W scattered over the face of the land, great portions of which are quite bare. The land, 
 
 W.G lluntcr.I'.S 
 
 Survev 
 
 Brancit 
 
 ■or. west : n advancina towards the Penobscot on the portage, is of the above description for the 
 
 i & rortoge & 
 
 of South Bra"-'' distance of one mile and seventeen chains; at the termination of this distance a slight 
 vcj'sNo. 19. alteration is perceptible in the trees and soil. The former arc a little more numerous 
 
 and luxuriant, the latter is more firm and dry. This alteration, ascribableto a slight 
 elevation, the surface of the land which can be discovered only in traversing it, for 
 nothing discovering even the appellation of a hillock is perceptible when the land is 
 viewed at a short distance; and in fact the alteration already described in the wood and 
 soil, conduces more to the discovery of the elevation: even in crossing the portage, 
 than the magnitude of the elevation itself. The land continues dry and firm about 
 thirty-seven chains, and then resumes the marshy aspect it wore at the commencement 
 of the portage as heretofore described, and holds the same to its termination at the small 
 lake, or morass rather, represented as the principal source of the Penobscot: for a morr 
 particular description of which I must beg leave to refer you te my report of observa- 
 tions, made in that country last season. The only Highlands observable in this region 
 are those represented on the map, and these are not remarkable cither for elevation or 
 extent." 
 
 (p, . "Dr. Tiarks then directed me to act on the part of His Britan- 
 
 C. I.'isa, British . . 
 
 surveyor, West n ' iu Majesty, in conformity to the order of the Board, in the exploring survey of the 
 Uranrii & Portage •> J 
 
 ..rsouihBraiicboi' S0l|rces f the St. John, with Mr. Hunter, who had been appointed Surveyor on the 
 
 Ht John. Surveys rr " 
 
 No **■ part of the United States." 
 
 Mf ijt ^; it: "-T W w ^< ^* W ■ 
 
 "The next stream which we fixed upon ascending, was the 
 
 one we had passed from the north on the ISth; arrived at the fork on the evening of 
 the 27th. The next day commenced ascending; having ascended about five miles, 
 ridges of Highlands were visible from a tree in a north-westerly direction; there were 
 also ridges perceptible in an easterly direction, which are probably situated at the 
 heads of some of the tributary streams of the St. John. Having ascended about two 
 miles further, the stream divided, each branch being about two chains in width; con- 
 tinued to ascend the one coming from the left, which appeared to contain the most 
 water; on the 30th having ascended the stream 25 mires from its junction with the 
 one we at first ascended, it again divided, each branch being about a chain in width; 
 we here again followed the one coming from the left a short distance and encamped, 
 sendin"- on two men to see where this stream terminated; at our place of encampment 
 from top of a tall tree many highlands were observable in a northerly direction. On 
 the following day the men returned, reporting that they had traced the stream to its 
 spring, which was near a considerable mountain." 
 
 * « * J • » « . 9 » * 
 
 "On the following day crossed the lake to its inlet, the course along the southern shore 
 being South 33° East, its length three miles ami twenty chains, and one mile and six- 
 ty chains in width. The country is very level in the vicinity of the lake. No high- 
 lands were observed near it, though some were visible at a great distance, in a South- 
 easterly direction, which are probably situated at the head of Black River, a branch of 
 Penobscot; and also some in a southerly direction, very likely situated on the other 
 side of Penobscot River. The lake has two small streams entering it lVom the north, 
 near the outlet; the shores are low and rocky without any hard wood timber. We 
 had not proceeded far up the inlet before it divided; we followed the stream coming 
 
423 
 
 ivom the right, .which leads to the head of Penobscot River. This stream is very appendix. 
 shoal and narrow; at the distance of four miles from the lake we entered a swamp, in No " 56, 
 passing through which a small ridge was perceptible on the left, which we agreed up- Extract» from ihe 
 on is situated hetween this stream and the one we had passed soon after leaving tin- veyôra'uuder tlio 
 lake. The country in every direction, soon after leaving the swamp, is extremely Treaty or Chcm. 
 low, and in many places marshy. The stream, which has a very crooked course, he- IP) 
 
 J ' J J ' C. Low, Ilrilli.ll 
 
 came so shoal at last, that the men were for the greater part of Ihe time obliged to s " lv '>'"- Wc " 
 
 ° l Er Branch U Portage 
 
 haul the canoes over dry ground. The courses of the small stream, after leaving theSt s ?1 UlB L a,1,:ho ' 
 swamp, are south forty-five degrees west, three-fourths of a mile, due west one mile, Nl1 -"- 
 and north forty-five degrees west, three-fourths of a mile, making together a distance 
 of two and a half miles from the swamp to the portage leading from the head of the 
 St. John to the head of Penobscot River. The stream runs through a low marshy 
 country, and is so much overgrown with Alder hushes as to make its navigation very 
 difficult, even in the time of a freshet. The growth at a distance on the sides of the 
 stream is principally Tamerac and Spruce. Having arrived at the portage, we cross- 
 ed it, finding its course S. 85° \V. and distance across, two. miles, by the chain. We 
 found the portage for the first mile and seventeen chains, very little above the surface 
 of the stream, covered with a thick coat of moss, the growth Tamerac and Spruce, 
 very inferior in size; at the end of this ground the earth has a very small elevation, 
 hardly perceptible, and may only he known by the ground being more firm and des- 
 titute of the coat of moss; the growth is Spruce; a few scattered Birches also are seen; 
 this continues for the distance of thirty-seven chains, when it resumes its former ap- 
 pearance of low swampy ground, thinly covered with Tameracs, which continues to the 
 pond at the head of Penobscot river." 
 
 * ******** 
 
 "On the 4th of August we arrived, at Abalaja- (y) 
 
 komegus, a small stream rising near Blount Kathadin. Mr. Odell wished to ascend that survèyo""Moiint 
 
 T .... . Kathadln and Um- 
 
 mountain. 1 accompanied him, and viewed the country for an immense extent around, baaucksus Portage. 
 
 S.irvi'V= NOS. Ht 
 
 I have calculated its height from a series of barometrical observations, which I owe to a " d17 - 
 the politeness of Mr. Odell. Its height is stated in the report, in order that no doubt 
 may arise with respect to the extent of country seen from its summit. 
 
 Height in feet above Abalajakomegus Stream, 46S5 
 
 Height of Aha lajakomegus above Passadumkeag river, - 500 
 
 Supposed height of Passadumkeag above tide water, ... - 150 
 
 Height above tide water, --------- 5335 
 
 "On the 9th of. August we proceeded from Abalajakomegus Stream to the foot of 
 Katahdin, over rising ground, some parts of which overlooked the surrounding coun- 
 try for many miles. The distance passed. over was about seven miles. 
 
 "On the 11th we ascended Katahdin. The weather was rather hazy. The haze 
 probably had an effect on the appearance of the mountains, lakes» etc. The character 
 of the country, however, could be determined with accuracy. I could see the Um- 
 bazuckscus and Mud Lakes. The former connected with the Chesuncook, and the 
 latter with the Aphmoogeene Lake. The ground around the Aphmogene Lake was 
 generally low. In that section of the country I could see no mountains, neither were 
 there any hills of. uncommon heights, nor any elevated ground which might be termed 
 a ridge or Spur of Highland. In the direction of Mars Hill were several mountains 
 and clumps of mountains, some rising singly to a considerable height, and at different 
 distances from each other. Then again a ridge of rising land frequently appeared, 
 with occasionally a considerable elevation; and such swells or ridges appeared to run 
 N. and S. N. W. and between N. and W. at different degrees. The country appear- 
 ed to be intersected with almost innumerable ramifications of the principal rivers, 
 separating the mountains in every quarter; such indeed was the face of the country 
 junction of Indian Stream with Connecticut R:ver, the latter is very wide; we measured 
 
424 
 
 Appendix, within eye sight, included between N. 15° E. and S. E. Immediately below Kathadin 
 
 No. 56. t the S. S. W. and W. S. W. there were no mountains but many lakes. Mountains 
 
 Extracts from the cluster around Katahdin on the other sides, mostly N. W. The Katahdin clump is 
 
 Keportsof tueSur* . . ., r ,, 
 
 veyora under un- not connected with any ridge ot mountains. 
 
 .".tii article of the _ - „ 
 
 Treaty of Gliem. * * * * * * * 
 
 (y) "At four and one-half miles chanced our course to S. 75° 
 
 T. Carlile.H.B.M. , b 
 
 Surveyor. Hiph vy which at seven miles brought us to the main Margallaway : at this place about four 
 
 funds arkliowledp- " ~ a •* * 
 
 ii'L l ''s.'',Tcr B la oi 1 ' ds wide, shallow water and easy current flowing South; at the end of about twenty 
 s™vey C BNo! *!!'" miles took N. 80° W. course to avoid a swamp, on the left, and at live miles came to 
 the middle lake of Connecticut River, and near the mouth of the eastern inlet. From 
 the head of Arnold River along the line, our estimated distance is twenty-nine miles. 
 The country mountainous, with swells of hard wood land; no regular ridge can be 
 traced to any distance except along the rivers running north and south." 
 
 " Having, after a few days rest at Stewartstown, procured a fresh sup- 
 ply of provisions, we went to examine the most considerable streams emptying into 
 Connecticut River, on its western bank north of latitude 45°, namely, Indian and Hall's 
 Streams. Mr. Partridge and myself having agreed to take the minutes of a survey taken 
 by Col. Eames, of Indian Stream, we made the best of our way to the source of the 
 west branch, and from it spotted a line due west by compass, about two and a half 
 miles long, which brought us to within a few rods below the source of Hall's Stream, 
 from whence we returned .to the settlements. Indian and Hall's Streams are much 
 /dike, as to size and general courses; ridges of land divide them, as also their respective 
 branches, then continuing northerly past the sources and along the branches of the St, 
 Francis in the same manner; the sources of the St. Francis are generally to be found 
 a few rods from those of the principal branches of Indian and Hall's Streams, in the 
 same swampy ground, without any perceptible rise between them; then falling off 
 with easy current in opposite directions. The main branch of Indian Stream is the 
 most northerly by nearly two miles, if the information I have received be correct." 
 
 J. L.iTiarks, Bri- ********* 
 
 tien Surveyor. 
 
 S e River' on Suî-" • • • • "We passed the mouth of Hall's Stream on the 12th, and found the 
 breadth of the stream at that place 70 feet. It is said to swell rapidly after a rain, and 
 likewise to subside in a short time. The name of this river is derived from a hunter 
 of the name of Enoch Hall, and it has been generally known at least ever since 17S0 
 by this name. A gentleman has lately informed me that he heard the name in 1772. 
 "Two miles and fifteen chains from the mouth of Hall's Stream, we reached the 
 old boundary line, marked by a post close to the river with the following inscriptions;. 
 on the northern side, " H. Carden, J. Collins, Quebec," on the eastern one, "Oct. 
 1, 1772," and on the southern side, " New York," is all that remains legible. The 
 The next day we struck the mouth of Indian Stream. The breadth of this river we 
 found, by the mean of two measurements, in different places near the mouth, 66 feet. 
 It is, however, deeper than Hall's Stream; and its current being likewise stronger, it 
 discharges more water than the latter stream. The river into which Indian Stream 
 discharges itself comes from the eastward, and is commonly called Connecticut River, 
 or sometimes the main Connecticut River, to distinguish it from the other smaller 
 streams that successively unite with the larger stream, and have all particular well- 
 known names. Here, Sir, 1 beg distinctly to state, in answer to the question which 
 you particularly desired me to inquire into, viz : whether this river is designated by 
 the inhabitants by the name of Eastern Branch of Connecticut River, that I have been 
 assured by all persons that I had an opportunity of consulting, that this is not the case; 
 and that that river is never distinguished by any name but those stated above. I 
 refer.particularly to Jeremiah Eames, Esq. of Stewart's Town, Capt Eames, of North- 
 umberland, and Mr. John Hughes, of Colebrook, who have known that river and 
 hunted on it more than thirty years ago, and aiways lived in the vicinity. At the. 
 
 \vy Ko. 12 
 
425 
 
 its breadth, therefore, highef up, where we eoneeived Lt to have nearly its averagi iffpoentfu 
 breach]), aad found it, by the mean of two measurements in different places, rather ,N " ''' 
 more than 100 feet- We then measured, in the same places where we had measured im,:,i. ,...„, Iu , 
 the breadth of the two rivers, tlie velocity of the current in diem, by observing tin 
 
 Kl | "I lln' 5*11 
 
 tron Huiler il- 
 
 lime in which a piece of wood would float down the length of two chains. Taking Treaty or Client.' 
 
 the mean of several results, we found that the current of Indian Stream ran at the rate 
 
 .,,.„., . . I- h TÏutki iv 
 
 of about li and that ot Connecticut River at the rate ol almost 2j miles in an hour. '<&*S«rv*y<M 
 
 Soun «i i.i i (.mi' 
 
 Not being able to obtain a good canoe, we could not measure the depth, but were con- '" ''' '<""; s " 
 vinced that Connecticut River is at least as deep as Indian Stream. It follows from 
 this that Connecticut River has more than double the quantity of water that Indian 
 Stream has, and is fully entitled to be called, which indeed is allowed on all hand-, 
 the Main Stream of Connecticut River." 
 
 ******** s is * * a 
 
 " Having followed the river about five miles from the lake, we struck another 
 small lake, a little more than a mile in its greatest dimension, from which the 
 main branch discharges itself in a southerly direction. This lake is formed by the 
 confluence of small brooks running in various directions, and is therefore tin 
 be°innin< r of a river which successively uniting with considerablv smaller waters forms 
 Connecticut River. A severe snow storm now interrupted again the progress of our 
 work for several days, and when we were at Inst able to proceed to an examination of 
 the surrounding country, the snow was so deep, especially on the mountains, that we 
 had the greatest difficulty in getting along. The north-western and northern brooks 
 falling into the lake were then properly surveyed, ami we ascended the highlands 
 from which they flow, which, being elevated over the surrounding country, would 
 have afforded a perfect view of the whole country, had it not been for the trees being 
 so thickly covered with snow that only in a few places a distant view could be ob- 
 tained. Towards the north-west we found the land to descend; we could distinctly 
 observe some distant settlements in Canada, but were not able to proceed far in this 
 direction. On the eastern side Mr. Carlile followed a brook running to the north- 
 east, which he followed for some distance. Towards the west, it struck a brook run- 
 ning nearly west, but was then prevented from determining which water it belongs 
 to, although it was evident, from the smallness of the various brooks which we struck 
 immediately descending from the heights and falling off of the land towards the north- 
 west, that I was on the highlands dividing the waters of the south from those of the 
 north, still I lamented exceedingly that the depth of snow, which threatened to in- 
 crease every day, and the reduced state of our provisions, obliged us to leave this place- 
 without being certain of having seen any water falling into the St. Lawrence. We 
 returned to the head of the North-western Brook running into the Lake, which is the 
 north-westernmost head of the river which we had traced up, and marked that spot 
 by blazing a number of trees around it, with a view of forming a more correct idea of 
 the relative situation of Indian Stream and the sources of the main Connecticut. We 
 now proceeded on our way home on a West course by compass from the north- 
 westernmost head above mentioned. In following this course, we found that the 
 brook running westward, which I had struck before, is water belonging either to 
 Perry's or Indian Stream. We likewise struck the rapid branch of Indian Stream 
 near its source, and at last Indian Stream, a little above the upper forks. From this 
 place we proceeded by the nearest route to the Canada Road, and returned to Stewarts- 
 town on the 14th November." 
 
 " One of the men who accompanied me has since visited the 
 
 highlands on Connecticut River, and carefully traced the waters in that vicinity. He 
 has informed me that the Brook running eastward, which Mr. Carlile followed, is 
 107* 
 
426 
 
 appendix, water of Margalloway River, and that the Western Brook belongs to Perry's Stream 
 
 Towards the north-west he found a brook, which is said to be the source of the stream 
 
 g^ft»&on which Mr. Sawyer, of Eaton, has erected a mill, and which goes by the name' of 
 
 «yo^und* .he Sawyer's Stream; it is a branch of the St. Francis River, falling into the St Lawrence 
 
 — --„, From a plan given .ne by this person, this brook is laid down on the map accompany' 
 
 tt mJr?. _ . ins. thisrenort. ' x * J 
 
 j. L;Ti ( rL,Eri- in S this re Port 
 
 fish Surveyor. 
 
 Sources'ol UieCon- 
 neclicut River.— 
 Surveys, No. SO. 
 
APPENDIX. No. LVIL 
 
 LETTER 
 
 ALBERT GALLATIN, ESQ. 
 
 TO 
 
 THE SECRETARY OF STATE OF THE UNITED STATES, 
 
 Ghent, 25th December, 1S14. appendix. 
 
 No. 57. 
 
 Sir: The Treaty which we signed yesterday with the British Ministers is, in my 
 opinion, as favorable as could be expected under existing circumstances, so far as they T . f i~~,. m, 
 were known to us. The attitude taken by the State of Massachusetts, and the appear- ï-'i'i"" 1 """" "' c 
 ances in some of the neighboring States, had a most unfavorable effect. Of the proba- 
 ble result of the Congress at Vienna we had no correct information. The views of 
 all the European Powers were precisely known from day to day to the British Min- 
 istry. From neither of them did we in any shape receive any intimation of their in- 
 tentions, of the general prospect of Europe, or of the interest they took in our contest 
 with Great Britain. I have some reason to believe that all of them were desirous that 
 it might continue. They did not intend to assist us; they appeared indifferent about 
 our difficulties; but they rejoiced at any thing which might occupy and eventually 
 weaken our enemy. The manner in which the campaign has terminated, the evidence 
 afforded by its events of our ability to resist alone the now very formidable military 
 power of England, and our having been able, without any foreign assistance, and after 
 she had made such an effort, to obtain peace on equal terms, will raise our character 
 and consequence in Europe. This, joined with the Naval victories, and the belief that 
 we alone can fight the English on their element, will make us to be courted as much 
 as we have been neglected by foreign Governments. As to the people of Europe, 
 public opinion was already most decidedly in our favor. I anticipate a settlement 
 with Spain on our own terms, and the immediate chastisement of the Algerines. Per- 
 mit me to suggest the propriety of dispatching a squadron for that purpose, without 
 losing a single moment. 
 
 I have little to add to our public dispatcli on the subject of the terms of the Treaty. 
 I really think that there is nothing but nominal in the Indian article as adopted. With 
 respect to precedents, you will find two, though neither is altogether in point, viz: 
 
 the article of the Treaty of Utrecht, and the latter part of the article of our 
 
 Treaty with Spain. Yo.i know that there was no alternative between breaking off 
 the negotiations and accepting the article; and that we accepted it only as provisional, 
 and subject to your approbation or rejection. 
 
 The exception of Moose Island from the general restoration of territory, is the only 
 point on which it is possible that we might have obtained an alteration, if we had ad- 
 hered to our opposition to it. The British Government had long fluctuated on the 
 question of peace: a favorable account from Vienna, the report of some success in the 
 Gulf of Mexico, or any other incident, might produce a change in their disposition; 
 
428 
 
 .Ippendix. they had already, after the question had been referred to them, declared that they 
 No - sr - could not consent to a relinquishment of that point. We thought it two hazardous to 
 Letter from Mr. risk the peace on the question of the temporary possession of that small island, since 
 grumIi ;c. ^ e q Uest j on f title was fully reserved, and it was therefore no cession of territory. 
 
 On the subject of the Fisheries within the jurisdiction of Great Britain, we have 
 certainlv done all that could be done. If, according to the construction of the Treaty 
 of 17S3, which we assumed, the right was not abrogated by the war, it remains entire, 
 since wc most explicitly refused to renounce it either directly or indirectly. In that 
 case it is only an unsettled subject of difference between the two countries. If the 
 right must be considered as abrogated by the war, we cannot regain it without an 
 equivalent. We had none to give, but the recognition of their right to navigate the 
 Mississippi, and we offered it. On this last supposition, this right is also lost to them 
 and in a general point of view, we have certainly lost nothing. But we have done all 
 that was practicable in support of the right to those Fisheries: 1st, by the ground we 
 assumed respecting the construction of the Treaty of 178 J — 2dly, by the offer to re- 
 cognise the British right to the navigation of the Mississippi — 3dly, by refusing to ac- 
 cept from Great Britain, both her implied renunciation to the right of that navigation 
 and the convenient boundary of 49° for the whole extent of our and her territories 
 west of the Lake of the Woods, ratiier than to make an implied renunciation on our 
 part to the right of America to those particular Fisheries. 
 
 I believe that Great Britain is very desirous of obtaining the Northern part of 
 Maine, say from about 47° North latitude to the northern extremity of that District as 
 claimed by us. They hope that the river which empties into Bay des Chaleurs 
 in the Gulf of St. Lawrence, has its source so far west as to intervene between the head 
 waters of the River St. John and those of the streams emptying into the river St 
 Lawrence: so that the line North from the source of the river St. Croix, will first 
 strike the heights of land which divide the waters emptying into the Atlantic Ocean 
 (River St. John's,) from those emptying into the Gulf oî St. Lawrence, (River des 
 Chaleurs,) and afterwards the heights of land which divide the waters emptying into 
 the Gulfoî St. Lawrence, (River des Chaleurs) from those emptying into the River 
 St. Lawrence; but that the said line never can, in the words of the Treaty strike any 
 spot of land actually dividing the waters emptying into the Atlantic Ocean from those 
 which fall into the river St. Lawrence. Such will be the foundation of their disputing 
 our claim to the Northern part of that territory, but feeling that it is not very solid, I 
 am apt to think that they will be disposed to offer the whole of Passamaquoddy Bay, 
 and the disputed Fisheries, as an equivalent for the portion of Northern territory which 
 they want in order to connect New Brunswick and Quebec. This may account for 
 their tenacity with respect to the temporary possession of Moose Island, and for their 
 refusing to accept the recognition of their right to the navigation of the Mississippi, 
 provided they recognised ours to the Fisheries. 
 
 That Nerthern territory is of no importance to us, and belongs to the United States, 
 and not to Massachusetts, which lias not the shadow of a claim to any land north of 45° 
 to the eastward of the Penobscot River, as you may easily convince yourself of by re- 
 curring to her charters. 
 
 I have the honor to be, with respect, 
 Sir, your obedient servant, 
 
 [Signed] ALBERT GALLATIN. 
 
 The Honorable The Secretary of State, 
 
 Of the United States, Washington. 
 
APPENDIX, No. LVIII. 
 
 EXTRACTS 
 
 FROM 
 
 THE BRITISH EVIDENCE. 
 
 FIEF OF MADAWASKA. 
 
 Concession of the Fief of Madawaska to the children of the Sieur de la Chenaye, 
 25th y November, 16S3; and Concession to the said Sieur de la Chenaye, and to 
 the Sieur de Villeray of Land lying between their former Concessions. — 5th 
 April, 1689. 
 
 Les Sieurs Lefebvre de la Barre, Seigneur dud. lieu, Coner. du Roy en ses Conls. Gou- j^'js ' 
 
 verneur et son Lieutenant Général en toutes les terres de la Nouvelle France et Acadie; 
 
 et Demeulles, Seigneur de la Source, Chever. Coner. du Roy en ses Conls. Intendant n^Evwen?? Fief 
 de la Justice, Police, et Finances aud. pays: ofM.dawa.ka. 
 
 » T . Original Conces- 
 
 JMOUS SUirantsiontothechildren 
 
 ■ • . î ^ o it* 4> î » m • .1 of M. de la Che- 
 
 le pouvoir à nous coniointement donne par ba mate, avons auxd. Antoine Aubert etnaye. BriiishEvi- 
 
 ,,,,-,, . , ./ ,, , , dence.No. 13. 
 
 Margeurite Angélique de la Chenaye donne, accorde et concede, donnons, accordons et 
 concédons par ces présentes lesds. trois lieues de terre le long de chacun des deux 
 bords de la Rivière Madoueska proche la Rivière St. Jean, avec le lac apellé Ce- 
 cemiscouata et deux lieues de profondeur cy dessus spécifiées, le tout en titre de 
 Fief et Seigneurie, haute, moyenne et basse justice avec le droit de chasse et depesche 
 dans l'étendue desd. lieux pour en jouir par lesd. Antoine Aubert et Margeurite An- 
 gélique de la Chenaye, à l'avenir leurs hoirs, successeurs et ayans cause à la charge 
 de lafoy et hommage qu'eux leursd. hoirs et ayans cause seront tentis de porter au 
 Chateau de St. Louis de Quebec, duquel ils relèveront aux droits et redevances ac- 
 coutumées. ............ 
 
 . . . . . . . . Donné à 
 
 Quebec, ce vingt cinqe. jour de Novembre, gbjc. quatre vinqt trois. Signé, Lefebvre de 
 la Barre, Demeulle, et plus bas, par Mesd. Seigneurs, Regnault. 
 
 Dud. jour quinzième Février, gbijc. vingt trois. En procedantà la confection du d. Fiefcde la Riviera 
 
 ,.t r» j î £• !_• ... «in Loup et de Ma- 
 
 terner est comparu en notre hotel, Joseph Klondeau a. la franchise, propriétaire douesisa. B.msh 
 
 _ T „, i/ , Evidence, No li. 
 
 des Fiefs de la Rivieke du Loup et de Madoueska, appartenances et dépendances, 
 lequel a avoué et déclaré tenir de Sa Maté, les d. Fiefs, sçavoir: .... 
 
 et le d. Fief de Ma- 
 doueska trois lieues de front de chaque costé de la Rivière du même nom sur deux 
 lïeues de profondeur, ne pouvant dire V 'étendue du d. Lac de Cecemiscouta avec les 
 
 108* 
 
431) 
 
 appendix, islets et battures élans- au devant des d. Fiefs et les droits de haute, moyenne, et basse 
 justice, et ceux de chasse, de pesche et traitte, à la charge de la foy et hommage à 
 Extracts from Bn- rendre et porter au Roy, au Chateau St. Louis de Quebec. .... 
 
 tishEviilence. Fiel 
 
 of Madawaska. ... .. ... .. .... .. 
 
 Fief- fie la Riviere ............ "... 
 
 du Loup cl du Ma- 
 
 '.'-""," u ,? rI S? Que sur led. Fief de 
 
 l.videBce, No. 10. 
 
 Madoueska il. y a un domaine, sur le quel il n'y a jjIus de bâtiments ayant été bruits 
 ■par les Sauvages, qu'il y a environ six arpens de terres désertées, ?nais qu'il n'y a 
 point d'habitans établis. .......... 
 
 Du Mardi-, 29 Juillet, 1T55. 
 Adjudication of L'Audience tenante par Messieurs leLieutenant-General et Procureur du Roy. 
 
 >ahi Fiefs to Pierre r J 
 
 ciaverie. British y u ] a sentence du congé d'adjugée rendue en cette Prévôté le vingt-neuf Avril. 
 Evidence, JNo. 17. o j o o 
 
 entre le S. Jean La Barte negotiant en cette ville, d'une part, et le S. Pierre Ciaverie, 
 Garde de Magazins du Roy en cette d'ville, d'autre part, le de. Sr. Jean la Barte pour- 
 suivant criées, vente et adjudication par décret et autorité de justice des fiefs de la Ri- 
 viere du Loup consistants, sçavoir: 
 
 et le Fief de 
 
 Madoueska trois lieues de front de chaque coté de la Rivière du même nom sur deux 
 lieues de proffondeur, ensemble toutte l'étendue du Lac Cetemiscouala et touttes 
 les isles, islets, batures étant au devant desde. tiefs avec droit de haute, moyenne et basse 
 justice, droits de traitte, chasse et pêche dans l'étendue desde. fiefs. 
 
 Acte de Foi et . . . . • • • • Est comparu Le Sieur Pierre Ciaverie, 
 ri',",'n"'claveri^ Garde des Magazins du Roy en cette Ville, Propriétaire des Fiefs de la Riviere 
 
 Rritisli Evidente, , ,, , 
 
 No-iB. du Loup et du Madoueska, appartenances et dépendances 
 
 Et le Fief de Madoueska, sur la Riviere du même nom, situé proche la Rivière 
 St,Jean, ensemble le Lac Cécémiskou/a y joignant. Le dit fief de Madoueska 
 contenant trois lieues de front de chaque costé de la ditte Rivière de mime nom sur 
 deux lieues de profondeur, ne pouvant dire l'étendue du dit Luc Cécémiskoula; 
 avec les islets et battures estant au devant des dits fiefs et les droits de haute, moyenne 
 et basse Justice, et ce de chasse, de pesche, et de traitte. ; . . . . 
 
 Et à l'Instant le dit Sieur comparant s'estant mis en devoir de vassal, Teste 
 nue, sans épée ny espérons, et un genouil en terre, auroitdit à haute et intelligible 
 voix, qu'il rendait etportoic entre nos mains la foy et hommage, qu'il est tenu ren- 
 dre et porter au Roy au Chateau St. Lotus de Quebec, à cause des dits Fiefs et 
 Seigneuries de la Rivière du Loup et de Madoueska, circonstances et dépendances: 
 à la quelle, foy et hommage nous l'avons reçu et recevons par ces présentes, à la 
 charge .de satisfaire aux droits dus au Roy. . . . ... 
 
 . . . Nous avons par ventilation à l'amiable, 
 estimé le prix particulier du dit Fief de Madoueska et dependences de la somme de deux 
 mille trois cent seize livres treize sols quatre deniers, faisant le quart du dit prix te- 
 
431 
 
 ta! de neuf mille deux cents soixante six livres treize sols quatre deniers. Et en eon- Jippv.nd'u 
 
 sequence le dit Sieur Comparant payera au dit Domaine du Roy le droit du (mint du 
 
 dit Fief de Madoueska et dépendances, à raison seulement du dit prix, particulier de Extract* fromBri 
 
 ... • ,. , . , . lishEvldi h.. Fief 
 
 deux mille trois cent, seize livres treize sols quatre deniers. . . . . .of Madawaska. 
 
 Furent presents Monsieur Jean Antoine Nicholas Dandanne Danseville, Sieur „ DeedçfSaieoi 
 
 1 * Danseville t" Jas. 
 
 de l'Evandard, Lieutenant d'Artillerie de Sa Majesté Très Chrétienne, et Dame Marie ""dence .s'.'"'^' 
 
 Anne Dupéré, son épouse. .......... 
 
 Par ces présentes, vendu, cédé, quitté, transporté et délaissé 
 dès maintenant et à toujours, avec promesse de garantir de tous troubles, dettes, hy- 
 pothèques, et autres empêchements, généralement quelconques, à son Excellence Jac- 
 ques Murray, Brigadier Colonel d'Infanterie, et Gouverneur de Quebec, à ce present 
 et acceptant acquéreur pour lui, ses hoirs, et ayans cause, pour cy jouir à perpétuité, 
 c'est à sçavoir, la Seigneurie de la Riviere du Loup et dépendances, situé sur le 
 Fleuve St. Laurent au sud, tenant du coté du Nord-Eest, à. lean Bte. Coté ou à ses 
 represen'ants, propriétaires de I 'Isle Verte, et du Coté du sud ouest à la Dame Veuve 
 Soulange, propriétaire du fief de l'islet du Portage, le Fief de Madoueska, sur la 
 Rivière du même nom, scitué proche la Rivih-c Saint Jean, ensemble le Lac Ce- 
 lemiscouatu y joignant, la dite Seigneurie et Fief contenant, sçavoir, la Rivière du 
 Loup, sept lieues et demi ou environ de front sur diverses profondeurs, sçavoir, joig- 
 nant le dit coté au nord-est, environ une lieue de frond sur deux de profondeur, au 
 dessus deux lieues de front sur deux lieues de profondeur, au dessus demi lieue de front 
 jusqu'à la Kiviére du Loup sur une lieue et demi de profondeur, et encore au dessus 
 trois lieues de front sur trois lieues de profondeur, et le dit Fief de Madoueska, con- 
 tenant trois lieues de front de chaque coté de la Rivière du 7nême nom sur deux 
 lieues de profondeur, ne pouvant declarer possitivement l'étendue du Lac Cetemis- 
 couta, avec tous les Islets et Battures étant au devant des dits fiefs, et les droit de mo- 
 yenne et basse justice, ceux de chasse, pèche, et de traitte dans l'étendue des dits fiefs, 
 sans du tout rien excepter, reserver, ny retenir, et ainsi que le tout appartenait ato 
 dit feu Sieur Claverie, suivant le contract de vent passé devant M'tre. Panet et Baro- 
 let, le vingt un Octobre, mil sept cent cinquante quatre, et la sentence rendue sur dé- 
 cret , le neuf Juillet, mil sept cent cinquante cinq. ... 
 
 Fait et passé à Quebec, au 
 
 Gouvernement, le vingt Juillet, mil sept cent soixante et trois, avant midi, et ont 
 
 signé, lecture faite. 
 
 DANDASNE DANSEVILLE, 
 
 DUPERE DANSEVILLE, 
 JQUE. PERRAULT, 
 VEUVE DUPERE, 
 JA. MURRAY, 
 PANET. 
 SANGUINET. 
 Province du Bas Canada, District de Quebec. 
 
 Dans le Banc du Roi. 
 Pour copie conforme à la minute demeurée dans l'étude de feu Panet, Notaire, déposée 
 dans les Archives de ce District, vidimée et collationée par nous Soussignés, Guar- 
 diens d'icelle, et Protonotaires de la Cour du Banc du Roi. 
 
 *2 Québec, le 31 Octobre, 182S. 
 
 [l. s.] PERRAULT & BURROUGHS, 
 
 P.B. R. 
 
432 
 
 appendix. To all to whom these presents shall come, Richard Murray, of the city and Pro- 
 No. 58. yince of Q ue bec, Esquire, sendeth greeting: Whereas His Excellency the Honorable 
 
 r„,^Z m *n- James Murray, Esquire, Governor of the Province of Quebec, by his Indenture of 
 
 TË&5S?* Lease, under his hand and seal, bearing date the 10th day of May, in the year of our 
 neodTT.usisn Lord, one thousand seven hundred and sixty-six, made between the said Ja?nes Mur- 
 
 ',"'>'" , b M R Fraie'; ray f the one part, and the said Richard Murray and Malcolm Fraser, Esquires,. 
 
 !,",'".' BrithbÊvl- f the other part, for the considerations therein mentioned, did lease, set, and to farm 
 let unto the said Richard Murray and Malcolm Fraser, all that Seigniory or Manor of 
 Murray's Manor, formerly called the Seigniory of the River du Loup, with its ap- 
 purtenances, situate on the South side of the River St. Lawrence in the Province 
 aforesaid. Jind also all that fief of Madowiska on Madowiska River, in the said 
 Province, situate in the rear or back part of the said Seigniory or Manor, with its ap- 
 purtenances; and also all that tract, piece or parcel of land, containing six thousand 
 acres, in the Province aforesaid, called the Pinorie, on the South side of the River 
 St. Lawrence, situate on the East side of the River du Loup, adjoining on the Seignio- 
 ry of the same, and thereon depending; and also all that tract, piece or parcel of land 
 likewise depending on the said Seigniory or Manor, containing eighty-four acres, in 
 the Province aforesaid; known by the name of Red Island, situate on the River St. 
 Lawrence; and also four parts, the whole in five parts, to be divided of and in all quit 
 rents by virtue of the said lease, to be reserved in any further grants or concessions, to- 
 gether with all the messuages, domain houses, cottages, barns, grist mills, and the profits 
 thereof; houses, out-houses, stables, and all and other the premisses, and appurtenances. 
 
 Now this indenture witnesseth, that the said Richard Mur- 
 ray, for and in consideration of the sum of one hundred pounds, Halifax currency, . 
 
 doth grant, bargain, sell, alien, assign, remise, 
 release, and forever quit claim, unto the said Malcolm Fraser, all the estate, right, title, 
 interest, term of years to come, claim, profits, property, or demand whatsoever which 
 he the said Richard Murray, now hath, or which he, his executors, administrators, or 
 assigns, at any time hereafter may or ought to have, of, in or to the said in part re- 
 cited Indenture of Lease; and the land, tenements, and messuages, thereby demised, 
 with the appurtenances, and every or any part or parcel thereof. . 
 
 Registered in the said Office, on Wednesday (he third day of August, 1768, at five 
 o'clock in the afternoon, in the English Register, Letter B, page 403. 
 
 GEO. ALLSOPP,D. R. 
 
 This Indenture, made the seventh day of Jlpril, in the fourteenth year of the 
 reign of our Sovereign Lord George the Third, by the grace of God, of Great Bri- 
 tain, France and Ireland, King, Defender of the Faith, &c. and in the year of our 
 Lord, one thousand seven hundred and seventy-four, between the Honorable James 
 Murray, of the Parish of St. Mary-le-Bonnc, in the county of Middlesex, Esq. Lieu- 
 tenant General of His Majesty's Forces, of the one part, and Henry Caldwell of the 
 parish of St. James, Westminster, in the said county of Middlesex, Esquire, of the 
 other part, witnesseth, that the said James Murray, for and in consideration of the rent, 
 covenants and agreements, hereinafter reserved, mentioned, expressed, and contained, 
 hath demised, granted and to farm let, and by these presents, doth demise, grant, and to 
 
433 
 
 iarm let unto the said Henry Caldwell, all that his the said James Murray's Seigniorie appendix. 
 or Manor of Lauzon; and all that the Seigniorie of Rivière du Loup, and fief of Mu- No - 58 - 
 dowiska; and also the Seigniorie on Lake Champlain, purchased by the said James Extract» from bh 
 Murray, of the heirs of M. Foucault; together, also, with the house in St. John- !>'? "mSwmÙo! ' 
 street, in the city of Quehec; bought by him of M. Dansville; and also the Man- Deeïïrfassign- 
 sion House, and lands of Sans Bruit, and all that farm or fief, called Gourgeandière's «y" to Xi Fraèa, 
 farm, or Fief of St. Foix, in the Seigniorie of Sillery, with their and every of their lea8e - BrillB " l: 
 
 , J wdenre, No. '-'1 
 
 rights, members and appurtenances, and all and singular other the estates and pos- 
 sessions of the said James Murray, in the Province of Quebec, in North America 
 
 Province of Lower Canada, ? 
 District of Quebec, <Sjr. j> 
 
 George Allsopp, of the City of Quebec, Esquire, of lawful age, maketh oath and 
 sayeth, that on the twenty-eighth day of June, which was in the year of our Lord, one 
 thousand seven hundred and seventy-five, he, this Deponent, was acting Register at 
 the City of Quebec, in and for the then Province of Quebec, that on the said twenty- 
 eighth day of June, a certain written instrument, purporting to be a lease of the pre- 
 mises therein mentioned, from the Honorable James Murray, to Henry Caldwell 
 Esquire, was received and recorded in the Register's Office, in the said City of Que- 
 bec, in the English Register, Letter E, page 504; the same having been first duly 
 proved on oath by Daniel Sutherland, one of the subscribing witnesses to the execu- 
 tion thereof; he, the said Deponent, then having legal right and authority to adminis- 
 ter an oath in such behalf; and the Deponent further saith, that the written instrument 
 or lease now exhibited to him, and hereunto annexed, marked B, is the same whereof 
 mention is made above, and that the signature, Daniel Sutherland, subscribed to the 
 probate and affidavit thereon endorsed, is of the proper hand-writing of him, the said 
 Daniel Sutherland, and that the signatures Geo. Allsopp, A. Regr. also thereon 
 endorsed, are of the proper hand-writing of him, this Deponent, and further saith not. 
 
 GEO. ALLSOPP. 
 
 Province of Lower Canada, 5 September 7, A. D. one thousand eight hundred 
 District of Quebec, #c. 5 and four. 
 
 The above named George Allsopp, of the City of Quebec, personally appearing, and 
 after being carefully examined and duly cautioned, made solemn oath that the forego- 
 ing deposition, by him subscribed, contained the truth, and nothing but the truth. 
 
 Before J. ELMSLEY, 
 
 Chief Justice of Lower Canada. 
 
 The above deposition, taken at the request of Henry Caldwell, Esquire, to be used 
 in the causes to be heard and tried before the Honorable the Circuit Court of the Unit- 
 ed States, next to be holden at Rutland, within and for the District of Vermont, on the 
 third day of October next ensuing, in which causes Henry Caldwell, Esquire, is Plain- 
 tiff; and Joseph Sewell, Esquire, Junior, David Logan, and John P. Storms, are De- 
 fendants; the Deponent, living more than one hundred miles from the place of trial, 
 and the adverse Parties living more than one hundred miles from the place of caption, 
 were not notified nor present. 
 
 Certified by J. ELMSLEY, 
 
 Chief Justice. 
 109* 
 
434 
 
 Appendix. Lease from Henry Caldwell to Malcolm Fraser, 24th September, 17S2. 
 
 No. 58. 
 
 This Indenture made the huenty-fourth day of September, in the twenty-second 
 
 . Lnce. Fief year of the reign of our Sovereign Lord George the Third, by the Grace of God of 
 
 Great Britain, Franco and Ireland, Kinir, Defender of the Faith, &c. in the year of our 
 
 I .r I-. Hum li - J 
 
 10 u Lord, one thousand seven hundred and eighty-two, between the Honorable Henri; 
 Evu. uce.No. ss. Caldwell, Esquire, of the parish of St. Foix, in the Province of Quebec, of the one 
 part, and Captain Malcolm Fraser, of His Majesty's eighty-fourth Regiment of Foot, 
 of the other part, witnessed): that the said Henry Caldwell for and in consideration of 
 the rent, covenants and agreements, hereinafter reserved, hath demised, granted and to 
 farm let, and by these presents, doth demise, grant and to farm let, unto the said Mal- 
 colm Fraser, all that Seigneurie or Manor of Riviere Du Loup, and Fief of Ma- 
 douaska, together with Isle Rouge, and six thousand acres of land behind the said 
 Seigneurie of Riviere du Loup, as described in a grant thereof, under the Great Seal of 
 the said Province, dated the seventh of May, seventeen hundred and sixty-six, in fa- 
 vor of Richard Murray and Malcolm Fraser, Esquires, with all their and every of their 
 rights, members and appurtenances. ......... 
 
 I do hereby certify that this and the foregoing six half sheets of paper contain a 
 true copy of an Entry, as on record in the Register's Office of the Records at Quebec, 
 in the English Register, Letter E, page 737. 
 
 Provincial Secretary's Office, } 
 Quebec, 12th November, 1828. 5 
 
 D. DALY, 
 
 Sec. and Beg. 
 
 i.i-ase from h. N. B. These papers form part of papers previously recorded in this Register. 
 
 Hriiish Evidence, PaffC 737. 
 
 \». as. ° 
 
 (Signed) G. P. 
 
 D. D. 
 
 Sec. and Reg. 
 
 Jit Quebec, this twenty-seventh day of December, in the year of our Lord, one 
 thousand seven hundred and eighty-six, personally appeared before me, Charles 
 Stewart, Notary Public, for the City and Province of Quebec, duly admitted, re- 
 siding in Quebec; the Honorable Henry Caldwell, Esquire, of the parish of St. Foix, 
 in the said Province of Quebec, and Captain Malcolm Fraser, late of His Majesty's 
 eighty-fourth Regiment of Foot, who declared and acknowledged before me, the said 
 Notary, hereunto subscribing, and the witnesses also subscribing, that a certain writing 
 or indenture, bearing date the twenty-fourth day of September, in the year of our 
 Lord, one thousand seven hundred and eighty-two, duly executed by and between 
 them, the said Honorable Henry Caldwell and Captain Malcolm Fraser, purporting 
 and being a lease of a certain Seigneurie, manor, fief, messuages, lands, tenements, 
 and premises of Riviere du Loup and Fief of Madouaska, together with Isle Rouge, 
 and six thousand acres of land behind the said Seigneurie of Rivière de Loup, as the 
 same is described in a grant thereof, under the Great Seal of the said Province of 
 Quebec, bearing date the seventh day of May, one thousand seven hundred and sixty- 
 six, in favor of Richard Murray and Malcolm Fraser, Esquires, or as by the said Deed 
 of Indenture, leased to him the said Captain Malcolm Fraser, by him the said Honora- 
 ble Henry Caldwell, Esquire, for a certain number of years; 
 
-135 
 
 >3ppendia ; 
 
 No. 58. 
 
 I do hereby certify that this and the foregoing two half sheets of paper, contain a Extract, from Bri- 
 true copy of an entry, as on record in the Register's Office of the Records ai (Quebec, oPSIawZ i ', " ' 
 
 in the English Register, Letter E, folio S12. 
 
 Provinciw. Secretarf's Office, 
 Quebec, 15th November, 1S28. 
 
 Confirmation of 
 
 [binned] D. DALY, Caldwell. &.< 
 
 British Evident», 
 
 Sec. and Res; - N " - ; 
 
 Province of Lower Canada. 
 On the twenty-first day of June, in the year of our Lord, one thousand eidit hun- Deed ° rSa,e r ' om 
 
 . . * o the Trustees of 
 
 area and two, m the atternoon, before us, Felix Tetu and Roger Lelicvre, Notaries;' 11 " 1 ,'." M " r,av '" 
 Public, duly admitted and sworn, for the Province of Lower Canada, and residing ; n ^" Evidence, No. 
 the City of Quebec, in the said Province of Lower Canada, personally came, appear- 
 ed and was present, the Honorable Jenkin Williams, one of His .Majesty's Justices of 
 the Court of King's Banch, for the District of Quebec, in the said Province, the true 
 and lawful Attorney of and for Sir James Pulteney, (late Sir James Murray) of Bru- 
 ton-street, in the County of Middlesex, in that part of the United Kingdom of Great 
 Britain and Ireland, called England, Baronet; Humphrey Donaldson, of White Hall, 
 in the said County of Middlesex, Esquire; and the Honorable Anne Murray, of 
 Beauport, in the County of Sussex, in that part of the United Kingdom of Great Bri- 
 tain and Ireland, called England, widow of the Honorable James Murray, late of Beau- 
 port aforesaid, a General in his Majesty's Forces, some time since deceased; the three 
 only acting Trustees and Executors, named and appointed in and by the last will and 
 testament of the said Honorable James Murray, deceased: ..... 
 
 And, therefore, in the presence of us, the said Notaries, 
 the said Jenkin Williams, in the name, and on the part and behalf of and for the said 
 Sir James Pulteney, Humphry Donaldson, and Anne Murray, in pursuance of the 
 aforesaid agreement, and for and in consideration of the sum of five thousand one hun- 
 dred and eighty pounds sterling money aforesaid, by the said Henry Caldwell, to the 
 said Sir James Pulteney, Humphry Donaldson, and Anne Murray, well and truly paid 
 before the execution of these presents, as more particularly appears by a certain stampt 
 receipt hereunto annexed, signed by the said Humphry Donaldson, and bearing date 
 the twenty-second day of August, in the year of our Lord Christ, one thousand eight 
 hundred and one; the receipt whereof the said Jenkin Williams, for and in the name, 
 and on the part and behalf of the said Sir James Pulteney, Humphry Donaldson, and 
 Anne Murray, in the presence of us, the said Notaries, did and doth upon the faith 
 and credit of the said receipt, hereby acknowledge, and thereof and therefrom and of 
 and from every part and parcel thereof, in the presence of us, the said Notaries, did 
 and hereby doth wholly, clearly, and absolutely exonerate and discharge the said Hen- 
 ry Caldwell, his heirs, executors, curators, and administrators, and each and every of 
 them forever; and in consideration of the further sum of five thousand pounds, like 
 sterling money, well and truly to be paid by the said Henry Caldwell, to them the 
 said Sir James Pulteney, Humphry Donaldson, and Anne Murray, in manner herein- 
 after covenanted and contained, did in the presence of us, the said Notaries, and here- 
 by doth fully, clearly, and absolutely grant, bargain, sell, assign, transfer, convey, set 
 over, and assure unto the said Henry Caldwell, with guarantee against all incumbrances- 
 
43fi 
 
 Appendix, mortgages, evictions, rights, debts, claims, and demands whatsoever, all that Seignio- 
 
 No. 38. r j e or j\j anor f Lauzon, and all that Seigniorie of Riviere Du Loup, and Fief 
 
 Extracts from Br«- Madouaska; and also all that Seigniorie or Manor on Lake Champlain, purchased by 
 
 of h Ma.bwatk»! ef the said James Murray, deceased, of the heirs of Mr. Foucault; together, also, with 
 
 reed oF~7ie from the house in St. John's street, in the said City of Quebec, bought by him of M. Dans- 
 
 james Murray to ville; and also the mansion-house and lands of Sans Bruit; and also all that farm or 
 
 tis'h Evidence, No. g e f called Gorgendière's Farm, or Fief of St. Foi, in the Seigniory of Sillery, in the 
 
 District of Quebec, with their and every of their rights, members, and appurtenances,, 
 
 and all and singular other the estates and possessions, late of him the said James 
 
 Murray, deceased, in the Province of Quebec, {now Provinces of Upper and Lower 
 
 Canada, in North America. ) 
 
 And for the due execution of these presents, the said par- 
 ties have respectively made election of their domicile at the office of the said Felia 
 Telu, Notary, in the City of Quebec, in the said Province of Lower Canada. 
 where, &c. notwithstanding, &c. promising, &c. obliging, &c. renouncing, &c. 
 
 Thus done and passed at the aforesaid City of Quebec, in the house of the said 
 Jenkin Williams, the day and year first above written, the said parties having to these 
 presents, (first read in the presence and hearing of them, the said Jenkin Williams 
 and Henry Caldwell, and of us, the undersigned Notaries) set and subscribed their 
 names and signatures, in the presence of us the said Felix Tetu and Roger Lelievre, 
 Notaries as aforesaid, who have hereunto set and subscribed our names and signatures, 
 in faith and testimony of the premises. Thus signed on the original. 
 
 [Signed] J. WILLIAMS, Attorney, (as abovementioned.) 
 
 HENRY CALDWELL, 
 R. LELIEVRE, Not. Pub. 
 F. TETU, N. P. 
 
 In testimonium veritatis, F. TETU, N. P. 
 
 His Excellency Sir James Kempt, Knight Grand Cross of 
 the Most Honorable Military Order of the Bath, Lieutenant 
 JAMES KEMPT. General and Commander of all His Majesty's Forces in the 
 Provinces of Lower Canada and Upper Canada, &c. &c. &c. 
 and administrator of the Government of the said Province of 
 Lower Canada. 
 
 To all whom these presents may concern: 
 I do hereby certify that Felix Tetu is a Public Notary for the Province of Lower 
 Canada, duly commissioned and authorized as such; in consequence whereof full faith 
 and entire credit are and ought to be given to his signature in such capacity, wherever 
 the same may appear. 
 
 Given under my hand and the Great Seal of the Province of Lower Canada, here- 
 unto affixed, at the Castle of Saint Louis, in the City of Quebec, the sixth day of No- 
 vember, one thousand eight hundred and twenty-eight, and in the ninth year of His 
 Majesty's reign. 
 
 By his Excellency's command. 
 [Seal annexed.] 
 
 D. DALY, 
 Secretary and Registrar. 
 
 Deed oi sale by On the eighth day of October, in the year of our Lord, one thousand eight hundred 
 
 Henry Caldwell 10 , , ° — ,. J ° 
 
 Alexander Fraser, and one, betore us, t elix Tetu and Roger Lelievre, Notaries Public, for the Province 
 
 British Evidence, err 
 
 no, 25. oj Lower Canada, residing in the City of Quebec, in the said Province, personal- 
 
 ly appeared and were present, Henry Caldwell, of Belmont, in the parish of Saint 
 Foi. near the said City of Quebec, Esquire, of the one part, and Alexander Fraser, 
 
437 
 
 one of the partners of a company of Merchants, trading from Canada to the North-west appendix. 
 of America, now residing; in the said City of Quebee, of thé other part, which said 
 parties, in the presence of us the said Notaries, did acknowledge and declare, as fol- i^m» from tw. 
 lows: That is to say; the said Henry Caldwell, as having purchased and acquired theoi M»d»wn»k«. 
 
 estates which belonged to the late General James Murray, some lime Governor o/'ivr.uis.i, i.,-n 
 this then Province of Quebec, now the Provinces of Upper and Lower Canada 
 
 PraBcr. British 
 Evidence, No. '.' r * 
 
 doth, for and in consideration of the sum of one thousand seven 
 hundred and sixty-six pounds, sterling money of Great Britain, equal to the sum of one 
 thousand nine hundred and sixty -two pounds, four shillings, and five pence half-pennj , 
 currency of the said Province of Lower Canada, 
 
 covenant and agree to and with the said Alexander Fraser, his 
 heirs and assigns, and every of them, that (as soon as in consequence of the said agree- 
 ment hetween the said Henry Caldwell and the said Trustees and Executors of the 
 said General James Murray, above named, the purchase of the said property in Cana- 
 da, of the said late General James Murray, is completed by him, the said Henry 
 Caldwell) he the said Henry Caldwell, his heirs and assigns, shall and will, 
 
 well and sufficiently grant, bargain, 
 sell, release, convey, and assure to the use of the said Alexander Fraser, and his heirs 
 and assigns forever, with such warranty and other fit and reasonable covenants, against 
 the acts, deeds and incumbrances of the said Henry Caldwell, Esquire, and all per- 
 sons claiming by, from or under him, as by the said Alexander Fraser, his heirs and 
 assigns, or his or their Counsel learned in the law, shall be reasonably devised, ad- 
 vised, or required, all that Seigniorv op Riviere Du Loup, and Fief op Madouas- 
 ka, together with Lake Temisquata,and the lands adjoining thereto, with the Isle 
 Rouge, and six thousand acres of land behind the said Seigniory of Rivière du Loup, 
 as described in a grant thereof, under the Great Seal of the said Province of Quebec, 
 dated the seventh day of May, one thousand seven hundred and sixty-six, in favor of 
 Richard Murray, Esquire, and the said Malcolm Fraser, Esquire, and made over by 
 them to the said General James Murray, will more fully appear; together with all the 
 Islands in the River St. Lawrence, lying opposite to the said Seigniory of Rivière du 
 Loup; as also all other lakes, woods, rivers, and fisheries, depending on the said 
 Seigniory of Rivière du Loup, as particularly described in the original title deeds 
 of the said Seigniory of the said Riviere du Loup, Fief of Madouaska, and Lake 
 Temisquata. ............. 
 
 Thus done and passed at the City of Quebec, in the house and office of the said 
 
 Felix Tela, one of the subscribing Notaries, in the forenoon of the said eighth day 
 
 of October, in the year of our Lord, one thousand eight hundred anil one; the said 
 
 Henry Caldwell and Alexander Fraser, having to these presents, first duly read in the 
 
 presence and hearing of them the said Henry Caldwell and Alexander Fraser, and of 
 
 us the said Notaries, according to law, and deposited in the office of the said Felix 
 
 Tetu, set and subscribed their respective names and signatures, in the presence of us 
 
 the said Notaries, who have also hereunto set and subscribed our names and signatures, 
 
 in faith and testimony of the premises. Thus signed on the original: 
 
 HENRY CALDWELL, 
 
 ALEX. FRASER, 
 
 R. LELIEVRE, Not. Pub. 
 
 F. TETU, Not. Pub. 
 
 In testimonium vcritatis, 
 
 F. TETU, Not. Pub. 
 110' 
 
43 S 
 
 appendix. On the second day of August, in the year of our Lord, one thousand eight hun- 
 Nb. 58. dred and two, before us Felix Tetu and Roger Lelievre, Public Notaries, duly 
 Eitracts/vomBi; admitted and sworn for the Province of Lower Canada, residing in the City of Quc- 
 ofMadawasiia. bee, in the said Province, personally came and appeared Henry Caldwell, of Bel- 
 need of saiebvii. mont, in the Parish of Saint Foi, near the City of Quebec, of the one part, and Mal- 
 
 Caldwcll to Alex. . . \- ' ' 
 
 Fiaser. British C olm Fraser, Esquire, of the said City oj Quebec, the Attorney duly constituted 
 Evidence, No. -"' J t ^ u 
 
 and appointed, of Alexander Fraser, Esquire, party to the above written deed; 
 
 . Now, therefore, for the purpose of carrying into full 
 effect, the said above written agreement, and for the consideration therein mentioned, 
 I lie said Henry Caldwell, for himself, his heirs, executors, curators, and administrators, 
 doth grant, bargain, sell, release, convey, assure, and set over to the use of the said 
 Alexander Fraser, his heirs and assigns, forever, with guarantee against all incum- 
 brances, mortgages, dowers, evictions, rights, debts, dues, claims, and demands what- 
 soever, the said Seigniory of Riviere du Loup, Fief of Madouaska, above de- 
 scribed, and the Lake Temiscjuata, and the lands adjoining thereto, with the Isle 
 Rouge, and six thousand acres of land behind the said Seigniory of Riviere du Loup, 
 with all their and every of their rights, members, and appurtenances, and all royalties, 
 fisheries, profits, benefits, and advantages to the said Seigniory, Fief, and other lands, 
 or either of them belonging, or anywise appertaining, as the same ivas purchased by 
 the said Genera/James Murray of Mr. Dansville. ...... 
 
 Thus done and passed at the said City of Quebec, in the office of the said Felix 
 Tetu, the day and year first above written, the said Henry Caldwell and Malcolm 
 Fraser, having to these presents, first duly read and deposited in the office of the said 
 Felix Tetu, set their hands in the presence of us, the said FclixTetu and Roger Lelievre, 
 who have also hereunto set our hands and signatures, in faith and testimony of the 
 premises- Thus signed on the original: 
 
 HENRY CALDWELL, 
 MALCOLM FRASER, 
 R. LELIEVRE, Not. Pub. 
 F. TETU, Not. Pub. 
 In testimonium veritatis, 
 
 F. TETU, Not. Pub. 
 
 His Excellency Sir James Kempt, Knight Grand Cross of th» 
 Most Honorable Military Order of the Bath, Lieutenant Gen- 
 .TAMES KEMPT, eral and Commander of all His Majesty's Forces in the Pro- 
 vinces of Lower Canada and Upper Canada, &c. &c. &c. and 
 Administrator of the Government of the said Province of 
 Lower Canada. 
 
 To all xohom these presents may concern: 
 
 1 hereby certify that Felix Tetu is a Public Notary for the Province of Lower Cana- 
 da, duly commissioned and authorized as such; in consequence whereof full faith and 
 entire credit, are and ought to be given to his signature in such capacity, wherever the 
 same may appear. 
 
APPENDIX, No. LIX. 
 
 EXTRACTS 
 
 THE BRITISH EVIDENCE 
 
 BOUNDARY OF CANADA. 
 
 Quebec, ss. ( 2.) 
 
 Secretary's Office, 
 
 19/h January, 17(55. 
 
 Whereas the nation of Maricitte Indians, by the folloicing paragraph of a Peti- Appendix. 
 Hon to his Excellency the Governor of this Province, have represented that they 
 are encroached upon by the Canadian inhabitants hunting beaver on the lands therein Extracts from the 
 
 lînt^li Evidence. 
 
 mentioned, which have ever belonged to, and are the property of the said Nation: Boundary of ca 
 this, therefore, is to irive notice, that the privilege prayed for by the said Indians will — 
 
 ° ' r J J Extract from llif 
 
 be allowed and confirmed to them, unless any person or persons can shew just cause ? uel !f. c ™ eU £" 
 
 ' J l l J Jan. -M. 1 iG5. Hr. 
 
 to the contrary, by memorial to his Excellency the Governor and Council, directed Ev " No '" 3 ' (2 ' ) 
 tc the Secretary of this Province, on or before the first day of May next. 
 By command of His Excellency. 
 
 J. GOLDFRAP, D Sec. 
 
 " Your petitioner has also the honor to represent to your Excellency, that his bre- 
 thren Indians find themselves reduced to the lowest ebb of misery, by the unwarrant- 
 able encroachments of the Candian inhabitants, hunting beaver on the lands belonging 
 to the nation, by which your Petitioner has been deputed; which tract begins at the 
 great falls of St. John , s, and runs as far as Temisquata, including the TJ'u/f 
 River (or Riviere du Loup) and the Hiver Madawaska, which rivers discharge 
 themselves into the River St. John's, making a space of about twenty leagues, on 
 which the nation, whose grievances your Petitioner has the honor to lay before your 
 Excellency, always had an exclusive privilege of hunting beaver in the lime of the 
 French Government; therefore your Petitioner humbly requests, in the name of his 
 nation, that your Excellency will be pleased to continue their privilege, by forbid- 
 ding the inhabitants of this Province to hunt beaver on the said grounds." . 
 
 (3) Quebec, November 11, 17S4. 
 
 About eleven o'clock on Friday last, Charles Nishonoit, an Indian lad, about fif- 
 teen years of age, of the Penobscot Tribe, was executed on the rode side, a little out 
 of St. John's Suburbs, for the most barbarous and savage murder of Mr. Archibald 
 McNeil and Dufour, his guide, in July last, while they were asleep, some dis- 
 tance below Kamouraska, on their way to Halifax. 
 
440 
 
 .lppendix. Proceedings in the Court of Common Pleas at Quebec, -commencing 14/A Sty- 
 No. 59. tcniber, 1789; ending 20th January, 1791. 
 
 i:\irnrlsfrnratlie T> n . . 
 
 lirilisll Evidence. PROVINCE PU -OAS CANADA» 
 Boundary of L'a- , _ _ , 
 
 «ada. _ District of Quebec. 
 
 Proceedings in tho 
 ( <nirt of Common 
 FlenH «»f (Quebec, 
 Sept. M, 1789. Bl 
 
 Ei »câ9. Lundi, 14 Septembre, 1789. 
 
 C'o»r */e-J Plaidoyers Communs — 7'e>-»î tfe Septembre. 
 
 Present, 
 ADAM MAHANE, PIERRE PANET, Ecuiers. 
 
 Anselme & Michael Robichaux v. Augustin Dube & Pierre Dupere, 
 
 de Madouaska. 
 
 Le Sheriff fait son retour du service de la sommation, M'tre Panct paroit pour les 
 demandeurs et a filé trois Licences et une lettre citeé dans sa déclaration, M'tre Cug- 
 net comparait pour les défendeurs, la Cour ordonne, que la Défendeur prendra com- 
 munication des pièces filés par la demandeur et fournira ses défenses sous trois jours. 
 
 17 Septembre, 1789. 
 M'tre Cii'met, pour les défendeurs a filé ses défenses, la Cour ordonne, que le de- 
 mandeur en prendra communication et fournira ses répliques sous trois jours. 
 
 28 Septembre, 1789. 
 M'tre Panet pour les 'demandeurs a filé ses répliques, la Cour ordonne, que le dé- 
 fendeur en prendra communication. 
 
 30 Septembre, 17S9. 
 
 La Cour du consentement des parties a mis en délibéré. 
 
 4 Janvier, 1790. 
 La Cour, en procédant au délibéré de cette cause, ayant remarqué, que les dé- 
 fendeurs ont allégué dans leurs écrit de défenses, qu'il ne sont pas de la jurisdic- 
 tion de cette Cour, mais domiciliera de la Province, de Brunswick, auquel allégué 
 Les demandeurs n'ont pas répondu dans leurs écrit de répliques, ordonne, que 
 les demandeurs déclareront et feront inscrire sur le registre de cette Cour s'ils ad- 
 mettent l'allégué des défendeurs ou non. 
 
 9 Janvier, 1790. 
 M'tre Panet, Avocat des demandeurs, a déclaré, en conformité du jugement de 
 cette Cour du quatre Janvier dcr. qu'ils soutiennent, que les défendeurs ont été 
 assignés dans la Province de Quebec, et que l'assignation est suffisante de laquelle 
 déclaration cette Cour a donné acte, et a fixé à Lundi pour entendre la cause. 
 
 11 Janvier, 1790. 
 Jlprts avoir entendu les parties, la Cour ordonne qu'elles feront preuve respec- 
 tive Vendredi prochain, si Madouaska et le Grand Suult sont dans la Province 
 de Quebec ou non. 
 
 14 Janvier, 1790. 
 Sur la motion de M'tre Panet la Cour ordonne, que les preuves seront péremptoire- 
 ment entendues et reçues Vendredi prochain. 
 
 15 Janvier, 1790. 
 M'tre Panet a dit, qu'il n'a d'autre preuve à produire en conformité du Juge- 
 ment du onze de ce mois, que les licences des demandeurs filées, et la règle du 14 
 Septembre, pour fournir les défenses, M'tre Cugnet demande jusqu'au terme 
 prochain pour faire preuve, de son allégué en ses défenses: la Cour parties ouies 
 mets en délibère. 
 
441 
 
 22 Mars, 1 790. Appendix. 
 La Cour ayant considère les Plaidoyers des parties, et après en avoir délibéré, No> 5iK 
 est d'opinion que tes défendeurs ne se sont pas conformés à l'article onzième des Extrans from the 
 règles de cette Cour, ayant du lors du jour de retour des sommations filé leur excep- !i!,"n,i',iy V "r 'eT 
 tions, soitperemptoires, delatoires ou declinaloires, que le même jour, auquel M' Ire " " '' — 
 
 Ct i /» , j«mi »• •» r . * *../> . Proceedings in the 
 
 ugnet, leurs Jlvocat Jilat sa comparution il fui ordonne, qu il fournirait ses court o rcommon 
 
 ,,r ,...,,,. Plflis of Quebiï, 
 
 dije uses et non un cent intitule mal a propos, défenses, qui cependant est une S?? 14 > im "'■ 
 exception declinatoire, que les défendeurs n'ayant aucunement prouvé ainsi qu'il 
 lui é/oif permis, de le faire par le jugement interlocutoire de celte Cour, que les 
 assignations à eux données ont été signifiées hors de la jurisdiction de cette dite 
 Cour, ils en sont forclos d'après ces considerations, la Cour déboute les défendeurs 
 de leurs exception declinatoire qu'ils ont qualifiée de defenses avec dépens occasion- 
 nés par la dite exception, et ordonne qu'ils fourniront leurs defenses au mérite dr 
 la cause sous trois jours. 
 
 Monday, 9th July, 1 787. Ettract ,-„„„ ,„, 
 
 Prevent Minutesnfthe Es- 
 
 ± /c.itni, ecutive Council of 
 
 His Excellency the Right Honorable GUY Lord Dorchester, Governor. iw. "r. e"'nS 
 
 The Honorable HENRY HOPE, Esq. Lieutenant Governor. 
 
 WILLIAM SMITH, C. J. LE COMPTE DUPRE, 
 
 HUGH FINLAY, EDWARD HARRISON. 
 
 GEORGE POWNALL, J. G. C. DE LERY, 
 
 HENRY CALDWELL, WILLIAM GRANT, 
 
 P. R. DE ST. OURS, FRANCIS BABY, Esquires. 
 
 His Lordship intimated the propriety of ascertaining the limits between this and 
 the Province of New Brunswick, and that the Surveyor General of that Province 
 would soon meet Mr. Holland for that purpose; and as it was absolutely requisite 
 towards opening and sustaining the land communication between the two Provinces, 
 that the lands on both sides of it should be settled, his Lordship proposed, and the 
 Council concurred in authorizing Mr. Holland to give assurances to all persons to set- 
 tle there, and especially the Jiccadians in that vicinity, of the favorable intentions 
 of this Government to issue Grants in their favour for three hundred acres to the 
 head ot every family, out of the waste lands of the Crown in that quarter; and it is 
 for that purpose recommended to them to explore the places fit for cultivation on both, 
 sides of the route, and apply, by petition, in the usual course, for grants to be made v 
 agreeable to the Royal instructions. 
 
 Copy of his Excellency Lord Dorchester's Instructions to Mr. John Holland. 
 
 "Quebec, 9th July, 1787. U " A Do >e>'<*- 
 
 J ' 1er s instructions 
 
 '•Sir: — You will be pleased to accompany Mr. Finlay to the Great Falls on the }£„*— Brr'sh e°' 
 River St. John, in order to assist in marking out the Boundary between the Provinces " le:ce ' No - 3 " 
 of Quebec and New Brunswick, where it crosses the road of communication between 
 these two Provinces, in such a manner that the lands at the different carrying places, 
 and throughout the whole of the said communication on both sides, may be granted by 
 the respective Governments without delay. You will there meet the Surveyor- 
 General of the Province of New Brunswick, or some other person or persons autho- 
 rized by the Lieutenant Governor of the said Province, in roncert with whom and 
 Mr. Finlay you will proceed upon that business. 
 ' 11 1 
 
442 
 
 appendix. "You will be guided therein by the inclosed descriptions of the Boundaries of the 
 
 So. 59. Provinces of Quebec, Nova Scotia, and New Brunswick, extracted from my Com- 
 
 Kïtracu from ihfi missions as Governor thereof; 10 which is likewise added the description of the 
 
 !i»uuJa£ V of Can- Boundary of the United States, taken from the Definitive Treaty for your information. 
 
 "The Boundary established, you will neglect no opportunity of assuring all per- 
 
 xefï'insuZtions sons desirous tosetlle on this -side of it, and particularly the Jiccadians in that 
 
 land ÎU-'-Britisti vicinity, of the good dispositions of Government in their favour, as expressed in the 
 
 "enclosed Minute of Council, which you will communicate to them, leaving copies 
 
 thereol with some of the people fur their satisfaction. 
 
 "Such spots as Mr. Finlay may point out to you at the different carrying places, 
 as most necessary to be settled for the establishment of Post-houses on the road of 
 communication, you will more especially make the objects of your attention, explain- 
 ing to the people the advantages of such situations. 
 
 "In o-eneral your own prudence will direct to the different objects necessary to be 
 attended to upon the whole of these services, in the course of which you will have the 
 advantage of consulting Mr. Finlay 's judgment and experience. 
 
 '• You will return to this place as soon as they are accomplished, and report to me 
 vour proceedings, with such observations as may have occurred to you, tending to the 
 advantage of the King's service; and more particularly to the facilitating the com- 
 munication between the two Provinces. 
 
 " I am, with regard, 
 
 [Signed] « DORCHESTER. 
 " True copy, 
 
 [Signed] " HENRY MOTZ." 
 
 Letter by way of Report from Mr. John Holland. 
 
 Quebec, 26th July, 1787. 
 Mr. Holland My Lord, 
 evidence, No. 32. I have the honour to report, that pursuant to your Excellency's orders and 
 
 instructions, dated the Oth of July, I on the day following left Quebec and proceeded 
 in company with Mr. Finlay to the Great Falls on the Rii<er St. John; that op^fhr 
 16th of July, at the Acadian Settlement opposite Madewaska, met Captain Sproule. 
 the Surveyor-General of New Brunswick; he informed me, that conceiving his wait- 
 ing for us at the Great Falls to be totally unnecessary, he was now proceeding on his 
 way to the Height of Land on the carrying place, situate between the River St. Law- 
 rence and Lake Timiscouta; as there (according to his idea) the Boundary ought to be 
 fixed. In reply to his remarks, I observed, that it was generally understood in 
 Canada, that the line between the Prorinces of Quebec and New Brunswick should 
 run from the head of Chaleur Bay, along the high lands in a westerly direction 
 to the Great Falls on the St. John's River, and from thence West to the western- 
 most, or main branch of the River St. Croix. He answered, that should a Boundary 
 be fixed at or near the Great Falls, he would protest against such doings, as contrary to 
 the directions laid down in his instructions. 
 
 " On Tuesday morning, the I7th, Captain Sproule having met Mr. Finlay and me, 
 and, after talking over the subject of the Boundary Line, he repeated nearly what he 
 had said before, adding, that he would proceed immediately to the Portage, to 
 examine which way the waters incline on the heights there; that by their course he 
 might be enabled to ascertain the Boundary between the Provinces cf Quebec and 
 New Brunswick, as all the streams running into the rivers which empty themselves 
 into the River St. John, are in the Province of New Brunswick, and those which fall 
 into the St. Lawrence, are in the Province of Quebec. 
 
443 
 
 "After using many arguments to shew him the impropriety and disadvantages that rfppendiàr. 
 would attend the fixing a Boundary on the Portage; the vast tract of country which 
 
 must, for many years, remain unsettled, hy its falling in their Province, their nearest r.mm.r i the 
 
 settlement hem;;, at least, (wo hundred miles instant iroin the heights on the l'or! agi': Be darj nruan 
 
 the repugnancy expressed bii the Jlccudians (settled near the Madawaska Falls) 
 
 1 ~ ' # Mr. II. II m,," i:- 
 
 at the idea of being separated from this Province, to which they are attached by ["»' l, ''""] l K ' 
 numberless ties and reasons; hut more especially, that the fixing that limit would ma- 
 terially affect the Boundary between us and the United States of America; and that a 
 large territory would thereby be saved or lost to His Majesty's dominions; and that 
 the heights of land run from the Bay of Chaleur to the Hirer St. John, awl 
 strike it at, or near, the Ureal Falls. 
 
 " To ascertain which, and more positively determine the situation, and ex- 
 plore the face of the country, we requested Captain Sproule to return with us to 
 the Great Falls, to which he objected, saying, that his return there could answer no 
 end, as the opinion he had already formed of the situation of the Boundary Line from 
 geographical knowledge, and ocular demonstration, was unalterable, and that he 
 was bound to observe General C'arleton's instructions, which he produced, conceived 
 in these words: 
 
 " By His Excellency Thomas Carleton, Lieutenant-Governor and Commander- 
 in-Chief of the Province of New Brunswick, fyc. fyc. fyc, 
 
 "To George Sproule, Esq. Surveyor-General. 
 
 " You are hereby directed to proceed to the Great Falls of the River St. John, 
 in order to meet the Surveyor-General of the Province of Quebec at that place on the 
 15th instant, for the purpose of settling the Boundary Line between the Province of 
 Quebec and New Brunswick, in the execution whereof you will he governed by the 
 Act of Parliament for establishing the Province of Quebec, which determines that 
 Boundary to be the high lands which divide those waters that empty themselves into 
 the River St. Lawrence, from those which fall into the Atlantic Ocean. 
 
 "Given under my hand at Fredericton, the seventh day of July, in the year of oui 
 Lord, one thousand seven hundred and eighty-seven. 
 
 [Signed] "THOMAS CARLETON." 
 
 On the ISth, Captain Sproule and we separated: he, on his way to the Portage, we 
 to the Great Falls, where we found the country extremely mountainous; and. 
 from information gathered from different persons, who have been from the St. 
 John s River back in the country, and my own observations, have no doubt but 
 that these mountains are the range which extend from the Bay of Chaleur to 
 that River. 
 
 On consulting Mr. Finlay, and finding nothing further could be done towards 
 ascertaining the Boundary Line, therefore, with his advice, returned to fulfil, as far as 
 possible, the further requisitions as stated in the instructions your Lordship was 
 pleased to honour me with. 
 
 I neglected no opportunity of encouraging and assuring those persons wishing to 
 settle in that vicinity, of the favorable intentions of this Government towards them, 
 leaving several copies of the minutes of Council among them, with which the Jlca- 
 dians, in particular, expressed an uncommon satisfaction. 
 
 1 informed the people disposed to settle, of the spots Mr. Finlay pointed out as 
 most convenient and necessary to he settled for the establishment of post-houses on 
 the road; taking the utmost care and attention to explain to them the advantages of 
 such situations. They in general were inclined to settle from the Falls up the 
 St. John's River as far as Madawaska, the land being thus far good; but from 
 
444 
 
 appendix, thence to the River St. Lawrence, I found tlieni much averse to settle, owing to the 
 
 No. 59. barrenness of the land in general, and their inability to support themselves for the 
 
 i>xiract« from the first years of their settlement: upon the whole, I much fear that, without some further 
 
 n<mnV.in'V,'fV''wi' encouragement than the grant of land, the Portage between the River St. Lawrence 
 
 and Timisconta, will remain unsettled. 
 
 I have the honour to be, 
 
 with thé utmost submission, my Lord, 
 your Lordship's most respectful, 
 
 and most obedient humble servant, 
 
 [Signed] JOHN FREDERICK HOLLAND. 
 
 lleport of the Committee of Council appointed to consider the Boundary between 
 the Provinces of Quebec and New Brunswick, and the means of encouraging 
 the communication, and settle the Lands in that vicinity. 
 
 To his Excellency the Right Honourable Guy Lord Dorchester, Captain-General 
 and Governor-in-Chief of the Province of Quebec, Nova Scotia, and New 
 Brunswick, §-c. 6,-c. fyc. 
 
 nikwe° rt npJo?™ii The Committee of Council appointed to report as well upon the Question of the 
 boundary between Boundary between this Province and that of New Brunswick, as the most eligible 
 
 Quebec and New - ., .. .. . pit... 
 
 Brunswick — Bri- means ol encouraging the communication, and the settlement ol the lands in that 
 
 ush Evidence. No. ... , .. , t t n<r tt it -a tè t-ih 
 
 ■a. vicinity, have the honor to observe, that Mr. Holland s Report to your Excellency, 
 
 has been duly considered by the Committee, who likewise paid thorough attention to 
 the description of the Boundaries of the Provinces of Quebec and New Brunswick, as 
 extracted from your Excellency's Commissions as Captain-General and Governor-in- 
 Chief, and on the whole they beg leave to remark, that if the Province of New- 
 Brunswick may of right claim the sources of rivers that take their rise on the 
 height of land which divides the ?-ivers that empty themselves into the St. Law- 
 rence, from those which fall into (he 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 Pro- 
 vince; besides, the dlccadians already settled above the Great Fall of St. John's 
 River, and such people as may chuse hereafter to settle there, ivould be greatly 
 incommoded if those parts should be included in the Province of New Brunswick. 
 Their commercial dealings will be with this country, for they must, from their situa- 
 tion, be supplied with European and West India commodities from Quebec. 
 
 The Committee most humbly submit to your Lordship, whether it would not be for 
 the advantage of both Governments, that the Province of Quebec be separated from 
 that of New Brunswick, by a line running along the highlands ivhich extend 
 from the head of Chaleurs Bay to the foot of the Great Fall of St. John's River, 
 and from thence crossing the River, (so as to include the luhole of the Portage or 
 carrying place,) and continuing in a straight line towards the sources of the River 
 Chaudière, ivhich rise on the high lands that commence at the said head of the 
 Bay of Chaleurs, and extend all the way to the North- westernmost head of Con- 
 necticut River. 
 
 With regard to settling the new road to Lake Timiscouata, along that Lake, 
 mid so down the Madawaska, the Committee beg leave to represent that the soil in 
 that lengthy tract is poor in general; yet there is many parts through its whole extent fit 
 for cultivation, though not of a quality to induce people to settle so far removed from 
 ;rssistanee in their country labours, without good encouragement. 
 
445 
 
 From information the Committee report, that some Canadian settlers may be had Appendix. 
 on the following terms: No 59. ' 
 
 To obtain a grant of two hundred acres of land, free from quit-rent, for twenty b*™^» ,„, 
 years, paying a sol de cens. British Lv ,„.,. 
 
 lo have four Acres cleared, and a log-house built thereon, consisting of -two"*" 
 apartments, and to have an out-house of logs to serve as a stable and barn, with 
 three years' provisions for each family. 
 
 The Committee have further been informed, that loyalists will set down on thai 
 tract, on the following conditions: 
 
 That each family have a grant of land (200 acres) free from quit-rent, for ten 
 3'ears. 
 
 Twenty-five pounds to be advanced, to stock the farm; the lands and improve- 
 ments to be security that the money shall be repaid in ten years, but without interest 
 That each family be conveyed to the land allotted to them without expense To have 
 two years' provision allowed them, and delivered at their settlements. 
 
 The lands from the mouth of Madawaska, down to the Great Fall on Si. 
 John's Hiver, are of a superior quality; it is therefore presumed that settlers would 
 «it down in that part on less encouragement than is above demanded. 
 By order of the Committee. 
 
 [Signed] HUGH FINLAY, Chairman. 
 Loaned Chamber, \SthJ9clober, 1787. 
 
 Extract from the Minute* of the Executive Council of the Province of Quebec. 
 
 4th August, 1792. 
 
 Saturday, 4th August, X7&2. 
 At the Council Chamber in the Bishop's Palace. r™:!SmS 
 
 Present, u " r " rr ' Aue - "' 
 
 His Excellency Major General CLARKE, Lieutenant Governor, 
 
 And the Honorable WILLIAM SMITH, 
 HUGH FINLAY, 
 FRANCOIS BABY, Esquires. 
 Read the Memorial of A. and M. Robichaud, dated the Sth June, 1732. 
 Read a Report of the Committee of Council, appointed to consider the Boundary 
 between the Provinces of Quebec and New Brunswick, and the means of encou- 
 raging the communication and settlement of the lands in that vicinity dated 
 IStk October, 17S7. 
 
 Read a Judgment of the Court of Common Pleas, dated 15th February, 1792. 
 Read the Report of the Solicitor-General and Surveyor-General, dated Quebec 
 2 9th July, 1792. ' 
 
 Ordered, that these Papers be entered upon the Minutes, and it i,- humbly 
 suggested by the Board, that it may be expedient to transmit copies to the Lieu- 
 tenant Governor of the Province of New Brunswick^for his co-operating in repre- 
 sentations to call the attention of His Majesty's Ministers ta the adjustment of 
 the limits necessary for preserving the public tranquillity on the bottlers of both 
 Provinces. 
 
 112 
 
 1W2. Ur. Ev. Ni 
 32. 
 
APPENDIX, No. LX. 
 EXTRACTS 
 
 FROM 
 
 THE BRITISH EVIDENCE. 
 
 MADAWASKA SETTLEMENT. 
 
 This settlement derives its name from the River Madawaska, which empt.es iteeli 
 ~ J T n 60' V ' into the River St. John, about 36 miles above the Grand Falls, and about 160 miles 
 above Fredericton. The first settlers arrived soon after the Treaty of 1783, and the 
 first which was "of fifty-one several lots or plantations of land," was made to 
 Joseph Muzzeroll, and 51 other French settlers, in the month of October, 1790, by 
 Thomas Carleton, Esq., then Lieutenant Governor of the Province of New-Bruns- 
 wick The land granted lay at intervals between the River Verte and the Mada- 
 waska Rivers, nine miles distant from each other, and on both sides of the River St. 
 lohn The second grant was of 5,253 acres of land, lying below the River Verte, 
 and was made to Joseph Soucer and others, by Lieutenant Governor Carleton, m 
 August 1794. These arc the only grants ever made by the Br.t.sh Government 
 within the settlement, excepting one to Limo Hibert, of 250 acres of land, opposite to 
 and upon the River Madawaska, in May, 1825. 
 
 Extract from Mr 
 Barren's Rcpml. 
 Hr. Ev. Xu 34. 
 
APPENDIX, No. LXI. 
 
 EXTRACT 
 
 BRITISH AGENTS REPLY 
 
 BEFORE TUF. 
 
 COMMISSIONERS UNDER THE 4TH ARTICLE OP THE TREATV OF GHENT, 
 
 From Appendix to the Proceedings of the Commissioners tinder the 5th .'Irlicle. 
 S 75. The underwritten Agent also begs leave to lay before the Board, an ori- Appendix. 
 
 No 61 
 o-inal Letter, dated Providence, 23d October, 179S, from Robert Liston, Esquire, at 
 
 that time his Majesty's Minister Plenipotentiary to the United States, whom his Ma- Extrwt from 
 
 jesty's Agent at that time thought it his duty to consult, before he could feel himself nj. 
 
 British Agent's tp- 
 befnre the 
 Commission era 
 
 authorized to assent to the said proposal of the Agent of the United States at that time, ™J? d t e h r e ,h £ ** ",] 
 to recommend to the said Commissioners under the 5th Article of the said Treaty of 1794, r ' h, ' n ' 
 to alter their decision, as aforesaid, respecting the source of the said River St. Croix, 
 which letter was addressed to, and duly received by, the said Agent of His Majesty 
 before the same Commissioners, and is in the words and figures following, viz: 
 
 ••Providence, 23d Oct. 1798. 
 "Private. 
 
 "Sir: 
 
 "I have considered with attention your letter of this day. and it appears to me 
 evident that the adoption of the River Cheputnatecook, as a part of the Boundary be- 
 tween his Majesty's American Dominions and those of the United States, in prefer- 
 ence to a line drawn from the easternmost point of the Scodiac Lakes, would be 
 attended with considerable advantage. It would give an addition of Territory to the 
 Province of New Brunswick, together with a greater extent of navigation on St. 
 John's River; and above all, a larger stretch of natural frontier, calculated to prevent 
 future difficulties and discussions between the two countries. If, therefore, by assent- 
 ing to the proposal of the American Agent, you can bring about the unanimous con- 
 currence of the Commissioners in this measure, I am of opinion that you will pro- 
 mote His Majesty's real interests; and I will take the earliest opportunity, with a 
 view to your justification, of expressing these my sentiments on the subject to his 
 Majesty's Secretary of State. 
 
 "I have the honor to be, with great truth and regard. 
 "Sir. your most obedient humble servant, 
 
 [Signed] -ROB. LISTON 
 
 "Ward Chifman, Esq.'-' 
 
First Statement on the part of Great Britain, according to the pro- 
 visions of the Convention concluded between 
 Great Britain and the United States, on the 29th 
 September, 1827, for regulating the reference 
 to Arbitration of the disputed points of Boun- 
 dary under the 5th Article of the Treaty of 
 Ghent 
 
 (Signed,) ABERDEEN. 
 
 FOREIGN OFFICE, > 
 
 July 2, 1829. S 
 
rmST STATEIŒNT 
 
 ON THE PART Ok 
 
 ©isffiji^ jB^a^^iw» 
 
 ACCORDING TO Tht <r*OVISION 
 
 WMM ®(ù$fWIËWWU'£)Jf 
 
 CONCLUDED BETWEEN 
 
 GREAT BRITAIN AND THE UNITED STATES, 
 
 ON THE 29th SEPTEMBER, 1827. 
 
 FOR REGULATING THE 
 
 REFERENCE TO ARBITRATION 
 
 OF THE 
 
 DISPUTED POINTS OF BOUNDARY 
 
 UNDER THE 
 
 FIFTH ARTICLE OF THE TREATY OF GHENT. 
 
HUMEE 
 
 WITH a view to the full comprehension of the causes which have given rise to the ^«f»"»'/ « i8i » 
 
 r ° rical Exposition 
 
 present reference to foreign arbitration of the differences which exist between Great Britain 
 and the United States, relative to that portion of the boundaries of their respective territories, 
 which lies between the British Provinces of Lower Canada and New Brunswick, and the 
 United States, it will be expedient, before the substance of those differences is entered upon, 
 to give a brief historical sketch of the proceedings which have already taken place between 
 the parties themselves respecting them. 
 
 Without such preliminary explanation, the references to many portions of those 
 proceedings, which will be occasionally made in the course of this statement, would be 
 scarcely intelligible. 
 
 In 1783, Great Britain recognized the independence of the thirteen United States, 
 by a formal treaty, in one article of which the boundaries of the whole country so recognized 
 were intended and believed to be accurately described and defined. In the course of the 
 execution of that article, however, the definition of boundaries therein contained was found, 
 in some essential parts, to be imperfect, and differences accordingly arose as to the real 
 intent of some of the terms employed in it. 
 
 Some of these differences were adjusted by means of a subsequent Treaty concluded 
 between the two Powers in 1794; and some at other times. Those respecting the Boundary 
 from the source of the River St. Croix to the intersection of the parallel of 45° north 
 latitude with the River St. Lawrence, were still unsettled at the period of the breaking out 
 of the war between Great Britain and the United States in 1812. 
 
 By the Treaty of peace which terminated that war in 1814, new provisions respecting 
 the disputed Boundaries were agreed upon between the parties. By one of those provisions 
 it was stipulated that Commissioners should be respectively appointed by the Contracting 
 Parties, for the purpose of ascertaining, surveying, and finally determining that part of the 
 Boundary above described; and the decision of those Commissioners thereupon, when 
 given, was to be taken as final and conclusive. 
 
 In case, however, they were unable to come to such decision between themselves, it 
 was further provided, that they should make reports, either joint or separate, of their pro- 
 ceedings to the two Governments; and that those reports should be referred to the arbitra- 
 tion of some friendly sovereign or State. 
 
 Commissioners were accordingly conjointly appointed by the two Powers in 1815-16, 
 who proceeded during several years to survey the disputed country, and to endeavour to 
 arrange the business entrusted to them. Finding themselves, however, after iong discussion 
 and consideration of the case, unable to agree upon many essential points, they made, in 
 1822, separate reports of their proceedings to both Governments, as enjoined by the 
 Treaty. 2 
 
Prefatory Histo- Those reports, together with the papers appended to them, being found so volumi- 
 
 rical Exposition. « . . . „ ,_ 
 
 nous and involved as to afl'ord but little prospect of arriving at a satisfactory issue, it 
 submitted in their actual shape to an arbiter, a new arrangement was entered into by the 
 two Powers, and sanctioned by a Convention concluded between them on the 29th of 
 September, 1827, for regulating that reference to arbitration. 
 
 By that Convention it was agreed to substitute for the existing reports of the Com- 
 missioners, fresh respective statements of the entire case, and to annex to those statements 
 such of the existing documents or portions thereof, written or topographical, as each party- 
 might think fit; and also to adduce such new evidence as was by the said Convention mutu- 
 ally agreed upon. 
 Appendix No. i, The Convention in question is hereto annexed.* 
 
 Having thus premised in brief historical outline the general circumstances which, 
 from 1783, down to the present period, have marked the progress of this question, the 
 question itself may now be entered upon. 
 
 Provisions of In statins the matters of difference between Great Britain and the United States, 
 
 I'reatioB. ° 
 
 which form the subject of the present reference to arbitration, it will be advisable, in the 
 outset, to recite all those portions of Treaties on which the points for reference hang, or to 
 which they have immediate relation. 
 Appondu No. 2, The Treaty of 1783 being the ground-work of the whole question, the preamble, 
 
 together with the 1st and 2d articles of that Treaty, claim the first mention. 
 
 They run and provide as follows: 
 
 "It having pleased the Divine Providence to dispose the hearts of the Most Serene 
 "and Most Potent Prince George III, by the Grace of God, King of Great Britain, France, 
 "and Ireland, Defender of the Faith, Duke of Brunswick and Lunenburgh, Arch-Treas- 
 "urer and Prince Elector of the Holy Roman Empire, &c, and of the United States of 
 "America, to forget all past misunderstandings and differences that have unhappily interrupted 
 "the good correspondence and friendship which they mutually wish to restore ; and to estab- 
 lish such a beneficial and satisfactory intercourse between the two conntries, upon the 
 "ground of reciprocal advantages and mutual convenience, as may promote and secure to both 
 "perpetual peace and harmony; and having for this desirable end already laid the foundation 
 "of peace and reconciliation, by the Provisional Articles signed at Paris, on the 30th of 
 "November, 1782, by the Commissioners empowered on each part, which articles were 
 "agreed to be inserted in, and to constitute, the Treaty of Peace, proposed to be concluded 
 "between the Crown of Great Britain and the said United States, but which Treaty was 
 "not to be concluded until terms of peace should be agreed upon between Great Britain and 
 "France, and His Britannic Majesty should be ready to conclude such treaty accordingly; 
 "and the Treaty between Great Britain and France having since been concluded, His 
 "Britannic Majesty and the United States of America, in order to carry into full effect the 
 "Provisional Articles above mentioned, according to the tenor thereof, have constituted and 
 "appointed, that is to say, His Britannic Majesty, on his part — David Hartley, Esq. Member 
 
 * N. B. In addition to the two Maps, namely, the Map A, and Mitchell's Map, officially annexed to the 
 Convention, a separate and detailed transcript of the Map A, (Marked A a,) accurately compiled from the surveys 
 made by order of the Commissioners, under the 5th Article of the Treaty of Ghent, is annexed hereto on the. 
 part of Great Britain, for purposes of general illustration of the subjects treated of in Uie British Statement;-. 
 
"of the Parliament of Great Britain; and the said United States on their part — John Provisions of 
 
 Treaties. 
 
 "Adams, Esq. late a Commissioner of the United States of America at the Court of 
 "Versailles, late Delegate in Congress from the State of Massachusetts, and Chief Justice 
 "of the said State, and Minister Plenipotentiary of the said United States to their High 
 "Mightinesses the States-General of the United Netherlands; Benjamin Franklin, Esq. 
 "late Delegate in Congress from the State of Pennsylvania, President of the Convention of 
 "the said State, and Minister Plenipotentiary from the United States of America at the 
 "Court of Versailles; John Jay, Esq. late President of Congress, and Chief Justice ol the 
 "State of New York, and Minister Plenipotentiary from the said United States at the Court 
 "of Madrid; to be the Plenipotentiaries for the concluding and signing the present definitive 
 "Treaty: who, after having reciprocally communicated their respective full powers, have 
 "agreed upon and confirmed the following articles: 
 
 ARTICLE I. 
 
 " His Britannic Majesty acknowledges the said United States, viz : New Hamp- 
 " shire, Massachusetts Bay, Rhode Island and Providence Plantations. Connecticut, New- 
 " York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South 
 " Carolina, and Georgia, to be Free, Sovereign, and Independent Slates ; that He treats 
 " with them as such ; and for Himself, His Heirs and Successors, relinquishes all claims to 
 " the government, propriety an dterritorial rights of the same, and every part thereof." 
 
 ARTICLE II. 
 
 " 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 Sco- 
 " lia, 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 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 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 Ontario ; through the middle of said lake, until it strikes the commu- 
 " nication 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 communication between that lake and Lake Huron ; thence along the middle of 
 " said water communication into the Lake Huron ; thence through the middle of said lake 
 " to the water communication between that lake and Lake Superior ; thence through Lake 
 " Superior, northward of the Isles Royal and Phelipeaux, to the Long Lake ; thence through 
 " the middle of 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 Missis- 
 " sippi ; 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 ; south by 
 " a line to be drawn due east from the determination of the line last mentioned, in the lati- 
 " tude of 31° 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 
 
8 
 
 FrovHionsof «' 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 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 : 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 are, or heretofore have been, within the limits of the said 
 '• Province of Nova Scotia." 
 
 The Preliminary Treaty of 1782 being adverted to in the Preamble to that of 1783, 
 the Preamble to the first mentioned Treaty is likewise here inserted. 
 
 Appends No. 3, « Whereas reciprocal advantages and mutual convenience are found by experience 
 
 " to form the only permanent foundation of peace and friendship between States, it is agreed 
 " to form the Articles of the proposed Treaty on such principles of liberal equity and reci- 
 " procity, as that partial advantages (those seeds of discord) being excluded, such a bene- 
 " ficial and satisfactory intercourse between the two countries may be established, as to 
 " promise and secure to both perpetual peace and harmony.'''' 
 
 Appendix No. 3, Lastly, the Treaty of Ghent, which with respect to the boundaries in question, grows 
 
 out of, and is grounded altogether upon, that of 1 783, provides thereupon in Article V. as 
 follows : 
 
 " Whereas neither that point of the highlands lying due north from the source of the 
 " River St. Croix, designated in the former Treaty of Peace between the two Powers, as the 
 " north-west angle of jYova Scotia, nor the north-westernmost head of Connecticut River, have 
 " yet bem 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 northwest angle of Nova Scotia ; thence 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 45th degree of north latitude ; thence by 
 " a line due west on said latitude, xintil it strikes the River Iroquois or Cataraguy, has 
 " not yet been surveyed ; it is agreed that for these several purposes two Commissioners shall 
 " be appointed, sworn and authorized, to act exactly in the manner directed with respect to 
 " those mentioned in the next preceding article, unless otherwise specified in the present 
 " article. The said Commissioners shall meet at St. Andrews, in the Province of New 
 " Brunswick, and shall have power to adjourn to such other place, or places, as they shall 
 " think fit. The said Commissioners shall have power to ascertain and determine the point 
 " above mentioned, in conformity with the provisions of the said Treaty of Peace of 1783; and 
 " shall cause the Boundary aforesaid, from the source of the River St. Croix to the River Iro- 
 " quois or Cataraguy, to be surveyed and marked according to the said provisions : the said 
 " Commissioners shall make a map 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 particular- 
 " izing the latitude and longitude of the north-west angle of Nova Scotia, of the north-western- 
 " most 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 Boundary. And in the event of the said two Com- 
 " missioners differing, or both, or either of them, refusing, declining, or wilfully omitting to 
 " act, such reports, declarations or statements, shall be made by them, or either of them, and 
 
« such reference to a friendly Sovereign or State shall be made in all respects as in the latter p^mmut 
 "part of the fourth article is contained, and in as full a manner as if the same was herein 
 " reneated." 
 
 The contingent arrangement, relative to the proceedings of the Commissioners, with 
 respect to Boundaries, adverted to in the above cited article, being provided for in the fourth 
 article of the same Treaty, the part of that article relative thereto is also here inserted. 
 
 It runs as follows : 
 
 " It is further agreed, that in the event of the two Commissioners differing upon all or 
 " any of the matters so referred to them, or in the event of both, or either, of the said Com- 
 " missioners, refusing or declining, or wilfully omitting to act as such, they shall make, 
 " jointly or separately, report or reports, as well to the Government of His Britannic Majesty 
 " as to that of the United States, stating in detail the points on which they differ, and the 
 " grounds upon which their respective opinions have been formed, or the grounds upon which 
 " they or either of them have so refused, declined, or omitted to act. And His Britannic Ma- 
 " jesty and the Government of the United States hereby agree to refer the report or reports of 
 " the said Commissioners to some friendly Sovereign or State, to be then named for that pur- 
 " pose, and who shall be requested to decide on the differences which may be stated in the 
 " said report or reports, or upon the report of one Commissioner, together with the grounds 
 " upon which the other Commissioner shall have refused, declined, or omitted to act, as the 
 " case may be. And if the Commissioner so refusing, declining, or omitting to act, shall also 
 " wilfully omit to state the grounds upon which he has so done, in such manner that the said 
 " statement may be referred to such friendly Sovereign or State, together with the report of 
 " such other Commissioner, then such Sovereign or State shall decide, ex parte, upon the 
 " said report alone, and his Britannic Majesty and the Government of the United States 
 " engage to consider the decision of such friendly Sovereign or State to be final and conclusive 
 " on all the matters so referred." 
 
 Before we come to treat of the differences which have arisen under the above Remarks on 
 cited provisions, it may be advisable to make a few preliminary remarks on the particular TreS" ' 
 scope and tendency of those provisions, as it is conceived that such explanatory observa- 
 tions may serve much to elucidate the subject of those differences. 
 
 By an attentive examination of the stipulations contained in the 2d Article of the 
 Treaty of 1783 above cited, aided by a recollection of the relative position of Great 
 Britain to the United States, we mean as a Mother Country treating with Colonies not 
 yet recognized as independent, it will be clearly perceived, that the main object had in 
 view was not so much to designate the limits of the Territory reserved to the Mother 
 Country, as to assign an appropriate Boundary to the new Power. 
 
 It is highly important to bear this circumstance constantly in mind, as it will tend 
 to solve many difficulties attending this complicated question, and to clear up the obscu- 
 rity in which some of its essential points are involved. 
 
 From the period of the cession to Great Britain by France of the Province of 
 Canada, in 1763, to that of the Peace of 1783, the whole of that portion of North Ame- 
 rica belonged to Great Britain. When She determined to recognize the independence 
 of a part of that Country, the question was what Boundaries to assign to that part. The 
 arrangement respecting them was made in reference to the boundaries of the Provinces 
 relinquished, and not in reference to those which remained under the Sovereignty of the 
 King. 3 
 
10 
 
 Remarks on i n tracing those Boundaries, it appears from the Treaty, that the first point which 
 
 Treaties was S0U g nt to be established, was a point of departure for the general Boundary Line at 
 
 the noith-eastern extremity of the United States, that being taken as it were, as the 
 governing point of the whole Boundary to be traced west of the River St. Croix, which 
 river was adopted as the extreme eastern limit of those States. That point of depart- 
 ure, which was intended to form the north-east angle of the United States, is in the 
 Treaty designated as the north-west angle of Nova Scotia, and described in the follow- 
 ing Clause of the Treaty, 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 fall 
 " into the Atlantic Ocean." 
 
 The main difficulty of this part of the case lies in discovering and establishing that 
 point. 
 
 The extreme obscurity and confusion in which the whole question of Boundaries 
 in that quarter was involved, both before and at the period in question, added to the very 
 imperfect topographical knowledge then had of the interior of the Country, which was in 
 fact but one general wilderness, rendered it absolutely impossible for the framers of the 
 Treaty of 1783, to effect their declared intention of laying down the several points and 
 lines of Boundary with such a degree of accuracy, as to preclude, altogether, doubts on 
 particular parts of it. Accordingly, the very terms of the Treaty, in reference to the 
 point in question, manifest the uncertainty of the negotiators ; and they appear to have 
 left to others the task of finding that point, guided by their description of it, rather than 
 to have positively fixed it themselves. 
 
 The main object was to trace this part of the northern frontier of the United 
 States in such a manner as to throw certain rivers entirely into their territory ; and pro- 
 vided that object were accomplished, that is, provided the conditions attached to the 
 highlands, and the point of departure on those highlands, were fulfilled, the relative posi- 
 tion of that point of departure, with respect to the dominions of His Majesty, was of no 
 importance. In truth, the provinces of Canada and Nova Scotia being both unsettled 
 in those parts, and there being between them, at the period of the Treaty of 1782-3, no 
 certain and acknowledged Boundary, no man knew where the north-west angle of Nova 
 Scotia really was ; and the negotiators of the Treaty proceeded by other modes to de- 
 scribe the intentions of their respective Governments, which were, to give to each 
 Power the entire possession of the great rivers which have their mouths within their 
 dominions, respectively; and thereby, as the preamble ot the Treaty expresses it, " 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." 
 
 If the letter of the Treaty therefore be not clear upon the points in question, we 
 must appeal to the spirit and intentions of the framers of it, to elucidate that letter. 
 
 " Every Treaty," says Vattel, " must be interpreted by certain fixed rules, calcu- 
 " lated to determine its meaning, as naturally understood by the parties concerned, when 
 " the Treaty was drawn up and accepted ;" and again, " since the sole object of a lawful 
 " interpretation of a deed ought to be the discovery of the thoughts of the authors of that 
 " deed, whenever we meet with any obscurity in it, we art to consider what probably were the 
 " ideas of those xcho drew up the deed, and to interpret it accordingly.'" Again, " we must 
 " consider the whole discourse together, in order perfectly to conceive the sense of it, 
 
11 
 
 " and to give to each expression not so much the signification, which it may individually v,»™" s k "f "-r-TeT 
 « admit of, as that which it ought to have from the context and spirit of the discourse." 
 
 Such is the light and sense in which Great Britain desires that the provisions of the 
 Treaties now under consideration should be viewed and interpreted. 
 
 Having now premised such considerations as are calculated to insure a correct con- 
 ception and understanding of the subject about to be discussed, we proceed to the con- 
 sideration of that subject.* 
 
 The differences now referred to arbitration are three-fold. iie»da of differ 
 
 1st. The Parties differ respecting the point designated iii the Treaties as the north-west 
 angle of Nova Scotia : And respecting the highlands along which the Line of Boundary 
 is to be carried, which is destined to divide the rivers that empty themselves into the River 
 St. Lawrence, from those which fall into the Atlantic Ocean. 
 
 2d. The Parties differ respecting the true north-westernmost head of the River Con- 
 necticut. 
 
 3d. The Parties differ respecting the line to be drawn from the River Connecticut along 
 the parallel of 45° north latitude to the River St. Lawrence, called in the Treaties Iroquois 
 or Cataraguy. 
 
 ence. 
 
 FIRST BRANCH OF DIFFERENCE RESPECTING THE POINT DESIG- 
 NATED IN THE TREATIES AS THE NORTH-WEST ANGLE OF 
 NOVA SCOTIA, &c. 
 
 In treating the first stated branch of difference, the principal question to be deter- n. w. Angle of 
 
 . . Nova Scotia, 
 
 mined IS thlS : Highland», and 
 
 Rivers to be dt- 
 
 " Where is the point designated in the Treaties as the north-west angle of Nova H.'wMds 1036 
 " Scotia ?" This point can only be determined by first determining the other objects by 
 which, according to the Treaty, that angle is entirely governed, namely, the highlands and 
 the rivers to be divided by those highlands. 
 
 It will be observed that the 2d Article of the Treaty of 1783, after mentioning the 
 north-west angle of Nova Scotia, as the point of departure, from whence is to be traced 
 the line of northern boundary for the United States, in this part the Province of Massachu- 
 setts Bay, describes that point as an angle formed by a line drawn due north from the source 
 of the St. Croix River to the highlands, and the line as running "along the said highlands 
 " which divide those Rivers that empty themselves into the River St. Lawrence from thos? which 
 "fall into the Atlantic Ocean, to the north-ioesternmost h«.ad oj Connecticut River." 
 
 Great Britain contends that the point thus described is found at or near an elevation, 
 called Mars Hill, which is situated in a due north line drawn from the source of the St. 
 Croix River, and south of the River St. John ; that the highlands intended by the Treaty 
 are those extending from that point to the Connecticut River; and that the Rivers Penobscot, 
 Kennebec, and Androscoggin, are the rivers falling into the Atlantic Ocean, which are 
 
 * As in the course of the investigation of the present question by the Arbiter, it may be found expedient to 
 make occasional reference to the historical circumstances which marked the contest between Great Britain and her 
 Colonies, we have been induced to annex to the present Statement the history of the Reign of George III. by an 
 historian of repute ; and for greater convenience, we have inserted in the Appendix that chaptei of the work 
 which relates to the period which more immediately preceded ttif rlo?e of the contest. See Appeniix Jio.4. p. 14. 
 
12 
 
 n. w. Angle of intended by the Treaty to be divided from the rivers which empty themselves into the River 
 
 Nova Scotia, 
 
 Highland, «id St. Lawrence. 
 
 Kivers tu be di- 
 
 lnti^i 1 ""* The United States have sought for this point at a spot 145 miles north of the source 
 
 of the River St. Croix ; that is to the north of the River St. John, which falls into the Bay 
 of Fundy, and of the River Restigouche which falls into the Bay of Chaleurs. 
 
 BayofFundy The first point to be considered in treating this question, is, whether the term 
 
 distinct from 
 
 Atlantic ocean. «Atlantic Ocean," as used in this part of the 2d Article of the Treaty of 1783, is not con- 
 tra-distinguished from the term "Bay of Fundy." This is the cardinal point of the whole 
 of this branch of difference between Great Britain and the United States. With respect 
 to that point, then, Great Britain maintains, that throughout the whole Treaty of 1783, it 
 is demonstrable by the Letter of the Treaty, as well as by collateral and inductive evidence, 
 that the term "Bay of Fundy," is used as totally separate and distinct from the term 
 "Atlantic Ocean;" and therefore on this as well as on other separate and peculiar grounds, 
 that the River St. John which falls into the Bay of Fundy is taken as distinct from those 
 rivers which are described in the Treaty as falling into the Atlantic Ocean. We proceed 
 therefore, at once to treat these two essential points, which, although in the closest affinity 
 with each other, must be considered each on its own peculiar merits. 
 
 That, in the first place, the Bay of Fundy is not to be considered as comprehended, 
 under the Treaty, in the Atlantic Ocean, is clearly demonstrable, it is conceived, from the 
 following considerations : 
 
 In the second article of the Treaty of 1783, and in one of its most essential points of 
 designation, viz : that of the extreme eastern and the extreme western sea-coast Boundaries 
 of the United States, the Bay of Fundy and the Atlantic Ocean are specifically distinguished 
 the one from the other; the latter or extreme western boundary, being in explicit terms» 
 described as terminating in the Atlantic, by name, while the former or extreme eastern 
 boundary is, in equally explicit terms, described as terminating in the Bay of Fundy, by 
 name. 
 
 The extreme western limit on the sea-coast is described as formed by a line "drawn 
 "along the middle of St. Mary's River to the Mantle Ocean." The extreme eastern limit 
 is described as formed by a line " drawn along the middle of the River St. Croix from its 
 "mouth in the Bay of Fundy," &c. 
 
 That article after describing other parts of the general boundaries concludes thus : 
 
 "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." 
 
 If one of these two terms is to be taken as comprehended in the other, why specify 
 both 1 ? The declaration that the boundaries, eastern and western, of the United States, 
 should touch the Atlantic at each extremity of the country, would surely have been amply 
 sufficient for all purposes of delimitation, had not the term "Bay of Fundy," been intended 
 as totally distinct from the term "Atlantic Ocean." 
 
 In one part of the Treaty, then, the terms "Bay of Fundy" and "Atlantic Ocean" 
 are manifestly intended as distinct and separate the one from the other. But being so taken 
 in one part, they must surely be equally so considered in every other part; for it would be 
 contrary to all reason and consistency to assign one meaning to a term in one clause, and 
 a different meaning to the same term in another clause of the same instrument. 
 
 It may, however, be asserted in opposition to this view of the case, that all bays 
 and gulfs are parts of the seas with which they are connected ; and that however it may be 
 
13 
 
 argued, that the Bay of Fundy is not a part of the Atlantic Ocean, from that ocean, whe- Bay of r™^ 
 ther under or independent of the Treaty, no force or ingenuity of argument can ever dis- AtuSucOtMn. 
 sever it. 
 
 Even setting aside the specific letter and intent of the individual Treaty now under 
 consideration on this point, which we have above shewn to uphold the view taken by Great 
 Britain, the argument above advanced is, we apprehend, altogether fallacious and inapplicable. 
 
 That bays and gulfs are, in the nature of things, parts of the sea, there can be no 
 doubt ; but it must be a very vague use of language when they are spoken of as compo- 
 nent parts of seas of specific denomination, with which they are immediately connected. It 
 cannot be questioned that it is the constant usage of geographers to apply specific names to 
 the various branches or inlets of the sea, with the express purpose of presenting them to 
 view as objects of distinct and separate consideration. 
 
 When we speak of the gulfs of Bothnia or Finland, do we not always consider them 
 as distinct from the Baltic 1 Or of the Adriatic or Archipelago as distinct from the Mediter- 
 ranean 1 So Baffin's Bay and Hudson's Bay would be considered as distinct from the North- 
 ern Ocean, and the Gulfs of Mexico and Florida, and Chesapeake Bay, from the Atlantic. 
 Would it be correct or consistent with the received use of language to affirm that St. Peters- 
 burgh is built on the Baltic, Venice on the Mediterranean, Amsterdam on the North Sea, 
 Baltimore and Annapolis on the Atlantic Ocean? Yet all the bays and gulfs on which these 
 places respectively stand, are to the respective seas, with which they are immediately con- 
 nected, what the Bay of Fundy is to the Atlantic Ocean. Therefore, as all those bays 
 and gulphs are taken as distinct from the seas and oceans with which they are respectively 
 connected, so must the Bay of Fundy be taken as distinct from the Atlantic Ocean. 
 
 In the above application of the terms bay and gulf, we refer only to such as are real 
 branches of the sea, into which rivers may or may not discharge themselves. There is 
 another class of bays, so called by geographers, which are merely the expansions of the 
 mouths of rivers, of which they bear the name, such as the Penobscot, the Sagadahock, 
 the Delaware, and others of a similar character, which can be regarded in no other light 
 than as portions of the rivers themselves. 
 
 The above reference to universal geographical practice is made, not as the sole, 
 or even the principal, ground on which Great Britain rests the distinction which she 
 claims for the Bay of Fundy, as separate from the Atlantic Ocean, but to shew that geo- 
 graphical practice, so far from being at variance with that claim, most strongly upholds 
 
 and confirms it. 
 
 When the terms used by geographers to designate different portions of the sea are 
 contained in Treaties and other solemn documents, especially when the very object is to 
 define with precision the limits of conterminous States, the appropriate signification of 
 such terms should be still more strictly adhered to. 
 
 In further corroboration of the same claim, it can be shown that the distinction 
 between the Bay of Fundy, and the Atlantic Ocean, as well as between other bays and 
 gulfs and the same ocean, has been constantly observed in public documents, having 
 reference to the countries and districts bordering on such bays and gulls, and the Atlantic 
 Ocean, respectively. 4 
 
14 
 
 BayorFundr At the head of these documents must be placed Mitchell's Map,* annexed to the 
 
 diftinc! from At- 101^ l_ 
 
 lantic ocean. Convention of the 29th September, 1827, as an authentic document of reference. 
 
 That Map displays, broadly and clearly, the deeply-indented Bay of Fundy, as 
 well as the Gulf of St. Lawrence, in large and conspicuous characters, each under its 
 proper title, and totally distinct from the Atlantic Ocean. 
 
 We abstain from citing other maps in confirmation of the same fact, because, 
 although other maps may have been consulted in private by the British and American 
 negotiators, it is on record that that of Mitchell alone regulated their public and joint 
 proceedings, and is, therefore, alone available as authentic evidence. 
 
 Apt»odiiNo. 5, 2dly. In the grant of Nova Scotia, by James I. to Sir William Alexander, the Bay of 
 Fundy and the Gulf of St. Lawrence are specifically described and distinguished ; the 
 former from the adjacent parts of the sea, and the latter, as well from the sea as from 
 the River St. Lawrence. 
 
 Apoendii No. 6, 3dly. Governor Pownall, in his Topographical Description of the middle British 
 American Colonies, published in 1 776, expressly describes the Rivers having their sources 
 in the ridges of highlands, and running southerly, " as falling into the Bay of Fundy, or 
 " into the main ocean." 
 
 His description is of peculiar force, and entitled to especial consideration, since, 
 independently of the high reputation of the author, it was published but six years before 
 the opening of the negotiations in 1782, and was consequently most fresh in the minds of 
 persons connected with the countries described. 
 
 Appaiiii No. 7, 4thly. In the Royal Proclamation, issued in 1763, the Gulf of St. Lawrence is desig- 
 nated by its appropriate title, and distinguished from the River St. Lawrence, and from 
 the adjacent parts of the sea. Moreover, in the same document, a broad discrimination 
 is, in other part*, made between the Atlantic and the gulfs and bays along the coast, as 
 terms containing an entirely different sense, the one from the other. Witness the follow- 
 ing clause: "The Government of East Florida is bounded to the westward by the Gulf 
 " of Mexico, * * * * and to the east and south by the Atlantic Ocean and the Gulf of 
 " Florida." Thus, as in the Treaty of 1783, the Boundary Line of the United States is 
 described as respectively touching " the Bay of Fundy and the Atlantic Ocean," so here 
 we find the government of East Florida described as bounded by "the Atlantic Ocean and 
 "the Gulf of Florida." What more conclusive proof of the reality of the distinction of 
 terms insisted on by Great Britain can be required 1 
 
 5thly. As another instance of geographical practice in distinguishing bays and gulfs from 
 the ocean, we refer to the following Articlef in " a plan of a Treaty with France, agreed 
 " upon by the Congress of the United States on the 17th September, 1776, to be proposed 
 " to His Most Christian Majesty : 
 
 " Art. IX. The Most Christian King shall never invade, nor, under any pretence, 
 " attempt to possess himself of Labrador, New Britain, Nova Scotia, Acadia, Canada, Flor- 
 " ida, nor any of the Countries, Cities or Towns on the Continent of North America, nor 
 " of the Islands of New Foundland, Cape Breton, St. John's, Anticosti, nor of any other 
 " Island lying near to the said Continent, in the seas, or in any gulf, bay, or river." 
 
 It is to be observed, that of the islands above specified, Newfoundland and Cape 
 Breton are bounded on one side by the broad ocean, and in another quarter by the Gulf 
 
 * Mitchell's Map B. 
 
 t See » Secret Journals of the Old Congress," Vol. II. p. 11. 
 
15 
 
 of St. Lawrence. St. John's, (now Prince Edward's Island) and Anticosti, lie altogether n,v ( „ st. joho, 
 
 within that guif. ;::r::!^' 
 
 H j. - . . fnun Ihfl Ail, (T.- 
 
 aving now discussed the question respecting the Bay of Fundy, as contradis- ,,c Biv «»- 
 
 tinguished from the Atlantic Ocean, and having shewn that neither according to the 
 
 letter of the Treaty of 1783, nor according to generally received geographical practice, 
 
 can it be taken as comprehended in that ocean, we proceed to treat the other question 
 
 closely allied to it, namely, " whether the River St. John, which falls into the Ray of 
 
 " Fundy, is intended by the Treaties to be included in that class of rivers which are 
 
 " therein described as falling into the Atlantic Ocean." 
 
 That it was not originally, and therefore is not now so intended, we shall endeavor 
 to shew as well by the rationale of the case, as by the clearest evidence, documentary 
 and other, furnished by the United States themselves, of the intentions of the trainers of 
 the Treaty ot 1783, both before, and at, the period of the negotiations which terminated 
 in that Treaty. 
 
 It has been seen that, by that Treaty, the River St. Croix, which is described as- 
 having its mouth in the Bay of Fundy, is expressly assigned as the extreme eastern limit 
 of the United States. In the meridian of the source of this river is placed the point of 
 departure tor the whole line of Boundary, which is to be thence traced westward, that 
 point of departure being the point designated in the Treaties as the north-west angle of 
 Nova Scotia. 
 
 It was evidently determined, in this very important part of the Boundary, to divide 
 from each other, at their sources, the several gieat rivers assigned to each power. Such 
 intent the expression " highlands which divide" plainly denotes ; for what could be the 
 object of selecting highlands at all in reference to rivers, if those rivers were to be divided 
 by the Line of Boundary, indiscriminately, either at their sources, or in any part of their 
 com se 1 
 
 Throughout the discussions relating to the limits of the United States in this 
 quarter, both parties clearly directed their attention principally to rivers, and, moreover, 
 to rivers in their whole extent. This appears distinctly from the proceedings of the Old 
 Congress, and from the accounts of the negotiations in 1782, hereinafter recited. 
 
 Now the St. Croix being the extreme eastern limit of the United States, the only 
 rivers which could have been intended to have been thus divided, were surely those which 
 empty themselves between the meridians of the St. Croix eastward, and of the head of 
 Connecticut River westward, thus securing to the United States the whole of each river 
 emptying within their own territory, and to Great Britain the whole of each river emptying 
 within her territory. 
 
 The Preamble to the Preliminary Treaty of 1782 says, that the provisions of that 
 Treaty are founded on the basis of " reciprocal advantages'" and "mutual convenience" — 
 on the principles of "liberal equity and reciprocity," — with the express design of " exclud- 
 " ing partial advantages, (those seeds of discord);" and the introduction to the very article 
 respecting Boundaries declares, in equally express terms, that those Boundaries are 
 adjusted " with a view to prevent future disputes." 
 
 Is it credible that, in the very face of these earnest declarations, the framers of the 
 Treaty should have adopted a Line of Boundary, which, in the first place, while it did 
 really secure to the United States the whole ol each river emptying within their territory, 
 would deprive Great Britain of a full half of one, and a portion of another, of the largest 
 rivers emptying within her's? and, on the other hand, would give to Great Britain the lower 
 
16 
 
 Eivrsooho, half and entire command of the navigation of the largest river in the whole Country, 
 ttaTreaui*". (the St. John) by which alone the whole timber and produce of the territory on the up- 
 Riras." per na jf f th e sam e river could be conveyed to the sea, while that upper half was left to 
 
 the United States? 
 
 Such an arrangement would have contained neither reciprocity nor liberal equity, 
 neither reciprocal advantage nor mutual convenience in itself, nor would it have tended to 
 prevent disputes ; it would, on the contrary, have tended to create a constant source of 
 discord and contention between both parties, which could have been terminated only by 
 one or the other obtaining possession of the whole river so obstructed and mutilated. 
 
 We do not dwell on an anomaly which attends the line destined to divide the St. 
 John, if an Atlantic River, from the St. Lawrence Rivers ; namely, that that line would 
 be absolutely obliged to cross the St. John in the middle of its course, in order to arrive at 
 its source, for the purpose of dividing it from the rivers flowing into the St. Lawrence. We 
 will merely observe, that neither in the Treaty itself, nor in any account extant of the 
 negotiations which led to it, is any mention made of such intersection ; a silence, if not 
 fatal, at least very adverse, to the supposition of the intention. Had it been intended that 
 the line of Boundary should cross so marked, and, as it will presently appear, so well 
 known, a feature of the country as the River St. John, there can be no doubt that such a 
 peculiarity would have been specifically adverted to. 
 
 It is obvious that all the arguments derived from geographical practice and from 
 locality, which have been employed to uphold the claim of Great Britain to exemption 
 for the Bay of Fundy and the River St. John from the conditions of the Treaty, must 
 apply with still greater force to the Bay of Chaleurs and the River Restigouehe ; first, 
 because that Bay does not even open directly into the Atlantic, but into a second bay, 
 namely, the Gulf of St. Lawrence ; and, secondly, because both the bay and the river are 
 still further removed from the extreme eastern limit of the United States. We, there- 
 fore, abstain from here alluding more at large to that bay and river. 
 
 We now proceed to show, by irrefragible evidence, that both before and at the 
 period of the negotiations in 1782, the authors and conductors of those negotiations, 
 especially the Americans, never had a thought of including the River St. John amongst 
 those rivers which are designated in the Treaty as falling into the Atlantic Ocean. 
 Apj-eodii No. 8, T n a work annexed to this statement, entitled, " The Secret Journals of the Acts 
 
 " and Proceedings of Congress," published in the United States in 1821, under the author- 
 ity of Congress, a full account is given of the proceedings of the American Congress 
 relative to the negotiations which preceded and introduced the preliminary articles of 
 1782, subsequently embodied in the definitive Treaty of 1783. This account throws 
 great light on that most important transaction. 
 
 Amongst the documents most worthy of attention contained in that work, are the 
 original instructions given by Congress to their Commissioner appointed to conduct the 
 negotiations, which instructions include the first draft of the Article respecting Bounda- 
 ries, as adopted in Congress after long and anxious deliberation. 
 
 We here insert such extracts from those instructions as more immediately relate 
 to the specific point now under discussion. 
 
 " Mgust 14, 1779. 
 " Congress proceeded in the consideration of the Instructions to the Minister to 
 " be appointed for negotiating a Peace, and unanimously agreed to the following draft 
 
1? 
 
 " of Instructions to the Commissioner to be appointed to negotiate a Treaty of Peaee Riv «st. John, 
 
 11 ° J ^"v^v oxcfpKtd under 
 
 " with Great Britain. thoTmotiM 
 
 !rim> lliw Ai lit 
 
 "Sir, Rive ' B 
 
 " You will herewith receive a commission, giving you full power to negotiate a AppcnJii, P . w 
 " Treaty of Peace with Great Britain, in doing which, you will conform to the following 
 " information and instructions." 
 
 After reciting the first and second articles of the instructions, the third is as fol- 
 lows : — 
 
 " 3d. The Boundaries of these States are as follows, viz : — 
 
 " These States are Bounded north, by a line to be drawn from the north-xcest angle 
 " of Nova Scotia along the highlands which divide those rivers which empty themselves into 
 " the River St. Lawrence, from those which fall into the Mantick Ocean, to the north-west- 
 " ernmost head of Connecticut River; thence down along the middle of that river to the 45th 
 " degree of north latitude ; thence due west in latitude 45° north from the equator, to the 
 " north-westernmost side of the River St. Lawrence or Cadaraqui ; thence straight to the 
 " south end of Nepissing ; and thence straight to the source of the River Mississippi : west 
 " by a line to be drawn along the middle of the River Mississippi from its source, to, where 
 " the said line shall intersect the thirty-first degree of north latitude ; south, by a line to be 
 " drawn due east from the termination of the line last mentioned in the latitude of 3 1 ° north 
 " from the equator, to the middle of the River Apalachicola, or Catahouchi ; 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 Mantick Ocean: 
 " and east by a line to be drawn along the middle of St. John's River, from its source to its 
 " mouth in the Bay of Fundy, 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 part, shall respectively touch the Bay of Fundy and the Atlantic 
 " Ocean. * * * * 
 
 " But, notwithstanding the clear right of these States, and the importance of the 
 " object, yet they are so much influenced by the dictates of religion and humanity, and so 
 " desirous of complying with the earnest request of their Allies, that if the line to be drawn 
 " from the mouth of the Lake Nepissing to the heai^of the Mississippi cannot be obtained 
 " without continuing the war for that purpose, you are herebysempowered to agree to some 
 " other line between that point and the River Mississippi ; provided the same shall in no 
 " part thereof be to the southward of latitude 45° north. 
 
 " And in like manner, if the eastern Boundary above described cannot be obtained, 
 " you are hereby empowered to agree, that the same shall be afterwards adjusted by Com- 
 " missioners to be duly appointed for that purpose, according to such line as shall be by 
 " them settled and agreed on, as the Boundary between that part of the State of Massachu- 
 " setts Bay, formerly called the Province of Maine, and the Colony of Nova Scotia, agree- 
 " ably to their respective rights." 
 
 Subsequently, in the year 1782, after the negotiations had been actually opened, the 
 American Congress again took these matters into their serious consideration, and concurred 
 in a report made to them by a Committee of their House, appointed to investigate the subject 
 of Boundaries with reference to the above cited instructions. 
 
 Of that report, which may be seen at length in the above mentioned " Secret Jour- 
 " nais of the Old Congress," we cite the following extracts : 
 
18 
 
 «c^tfdV'dïi' Tne Committee reported " That they had collected facts and observations which 
 
 iwhe a Atlantic " they recommend to be referred to the Secretary for Foreign Affairs, to be by him digested, 
 " completed, and transmitted to the Ministers Plenipotentiary for negotiating a peace, for 
 " their information and use. * * * 
 
 " With respect to the Boundaries of the States, ********** 
 
 Anpendi», p. 40. « j]f a ssachusetts claims under the charter granted by William and Mary on the 17th Octo- 
 "ber, 1691. ****** 
 
 " It is incumbent on us to shew that the territorial rights of the thirteen United 
 " States, while in the character of British Colonies, were the same with those defined in the 
 " instructions given to Mr. J. Adams on the day of August, 1 779. ***** 
 
 Appendix, p. 4i. « g f a j r are our pretensions rendered by the united operation of the grants, charters, Royal 
 <l commissions, and Indian cessions, * * * that we shall content ourselves with reviewing 
 " the objections which will most probably be urged against them, without entering into the 
 " direct proofs of our titles. 
 
 " First Objection. Even upon the supposition that the charter of Massachusetts is 
 " valid so as to cover the vacant lands, still it does not follow that St. John's River is part 
 " of its eastern Boundary ; for that river is contended to be in Nova Scotia, under the ex- 
 " pression of the New Charter of Massachusetts in 1691, which conveys the country between 
 " the Province of Maine and Nova Scotia. The south-west Boundary of Nova Scotia, 
 " therefore, will regulate this claim. But it is well known that in the altercation between 
 " France and Great Britain upon this very subject in 1751, Acadia or Nova Scotia was 
 " asserted by the latter to be bounded by Pentagoet or Penobscot River. 
 
 Answer. " It is to observed, that when the Boundaries of the United States were 
 " declared to be an ultimatum, it was not thought advisable to continue the war merely to 
 " obtain territory as far as St. John's River ; but that the dividing line of Massachusetts and 
 " Nova Scotia was to be consigned to future settlement. It must be confessed, also, that this 
 " country, which is said in the New Charter to border on Nova Scotia and the Province of 
 " Maine, on opposite sides, and which goes under the name of Sagadahock, cannot be proved to 
 " extend to the River St. John as clearly as to that of St. Croix. But there is some reason, 
 " notwithstanding, to believe, that Nova Scotia was never supposed by the British King, in any 
 " grant to his subjects, to come to the south of St. John's River, although he might have ex- 
 " acted from France a relinquishment of the lands to the River Penobscot, or even Kenne- 
 " bee, as part of Nova Scotia." 
 
 The Committee, after further reasoning upon the supposed Boundaries laid down in 
 various old charters affecting that country, in which reasoning the frequent recurrence of 
 the terms " suppose and appear" plainly indicate that they were completely in the dark on 
 a subject so perfectly vague and uncertain, conclude this part of their report by saying : 
 
 Appendix, p, 42. " We are obliged to urge probabilities, because, in the early possession of a rough 
 
 " unreclaimed country, accuracy of lines cannot be much attended to. But we wish that the 
 " north-eastern Boundary of Massachusetts may be left to future discussion, when other 
 " evidences may be obtained, which the war has removed from us." 
 
 It must be remarked, that, at the period of this report, all the old charters, grants, and 
 delimitations of provinces, were published and perfectly well known : yet, having all those 
 documents within their reach, the report above recorded was made, and the instructions of 
 " 1779 confirmed by the Congress, and acted upon by the American Plenipotentiaries. 
 
19 
 
 Now from the whole body of the above-recited documents, we collect the following Ri ' er 3| - John - 
 
 * ' O excepted under 
 
 important particulars : SftLlSSut-i. 
 
 1st. That the mouth of the St. John River was, from the first, specifically described as R """"' 
 being in the Bay of Fundy, while the Bay of Fundy was described as distinct from the 
 Atlantic Ocean. 
 
 2dly. That the north-west angle of Nova Scotia was, after all the consideration which the 
 subject had undergone in Congress from 1 779 to 1 782, placed deliberately at that time, 
 by the Americans themselves, at the source of the River St. John. For the Boundary of 
 the United States is in that projet described as commencing north by the north-west angle 
 of Nova Scotia, and thence running westward ; east, by the River St. John from its source 
 to its mouth. But there is no mention made of any connecting line between the point of 
 commencement of the northern, and that of the eastern line ; therefore they must be taken 
 as identical. 
 
 3dly. We collect that such being the assumed position of the north-west angle of Nova 
 Scotia, the highlands intended to divide the rivers falling into the Atlantic Ocean from those 
 falling into the River St. Lawrence, are described in the very same terms which they now 
 retain in the definitive Treaty of 1 783. 
 
 Hence we deduce, that the highlands designated in the projet being then intended to 
 divide the Androscoggin, Kennebec, and Penobscot Rivers alone, from those falling into the 
 St. Lawrence, to the exclusion of the St John, the highlands so described are still intended 
 to divide the same rivers; and that from those rivers, therefore, the St. John is still intended 
 to be excepted. 
 
 The position assumed by the United States for the north-west angle of Nova Scotia, 
 it is true, was, as we shall presently see, abandoned by them in the course of the negotiations, 
 and another assumed further east ; but the phraseology respecting the highlands, as dividing 
 certain rivers, having been preserved in its original terms, it is to be inferred that the 
 Negotiators had the same highlands still in view, and that from first to last the River St. John 
 was considered by them as entirely excepted from the class of rivers described as falling into 
 the Atlantic Ocean. 
 
 The above-cited instructions were so strictly adhered to, and acted upon by the 
 American Commissioners at Paris, that in the first projet of an article respecting Boundaries 
 submitted by them to the British Negotiator, scarcely any deviation was made from the 
 projet which has been already described as transmitted with those instructions to the Ameri- 
 can Commissioners. 
 
 In the body of the article so submitted, the eastern Boundary, from the source of the 
 St. John to its mouth, was still retained ; but a note was appended to that article by the 
 American Plenipotentiary, in which, conformably to the contingent instruction above quoted, 
 it was proposed that the whole eastern Boundary should be referred to the decision of Com- 
 missioners to be appointed subsequently to the signature of the Treaty. This circumstance 
 seems to prove, that what is termed in the Treaties the north-west angle of Nova Scotia, as 
 well as the limits of Massachusetts Bay, were by the Americans themselves considered as 
 subjects totally unmanageable from their hopeless obscurity and uncertainty. 
 
 The article thus drawn up was referred by the British Plenipotentiary at Paris to his 
 Government, who were so dissatisfied with the proposition, that they sent out to Paris one 
 «f the under Secretaries of State, for the express purpose of combating it. 
 
 In confirmation of the preceding assertions, we again refer to American documents-. 
 
20 
 
 Biver st. John, j n a wor fc entitled " The Private Correspondence of Dr. Franklin," we find the fol- 
 
 i>o ra T the',ui.ntic lowing authentic account, in brief, of what occurred during this important period of the 
 """"' negotiations in 1782. We transcribe the extracts in extenso, since they are too important 
 
 and conclusive to allow the omission of any part of them. 
 
 1. Extract of a letter from Dr. Franklin to the Honble. Robert Livingston, dated Passy, 
 14th October, 1782. 
 
 " We have now made several preliminary propositions, which the English Minister, 
 " Mr. Oswald, has approved and sent to his Court. He thinks they will bé approved there, 
 " but I have some doubts. In a few days, however, the answer expected will determine. 
 " Bv the first of these articles the King of Great Britain renounces for himself and succes- 
 " sors all claim and pretension to dominion or territory, within the thirteen United States ; 
 «' and the Boundaries are described as in our instructions, except that the line between Nova 
 " Srotia and New England is to be settled by Commissioners after the Peace." 
 
 2. Extract of a letter from Dr. Franklin to the Honble. R. Livingston, dated Passy, 
 December 5, 1782. 
 
 " You desire to be very particularly acquainted with every step which tends to a 
 " negotiation. 1 am therefore encouraged to send you the first part of the journal, which 
 " accidents and a long severe illness interrupted, but which, from notes I have by me, 
 " may be continued if I thought proper. In its present state it is hardly fit for the inspection 
 " of Congress, certainly not for public view; I confide it, therefore, to your prudence. 
 
 " The arrival of Mr. Jay, Mr. Adams, and Mr. Laurens, relieved me from much 
 " anxiety, which must have continued, if I had been left to finish the Treaty alone; and it 
 " has given ine the more satisfaction, as I am sure the business has profited by their assist- 
 " ance. 
 
 " Much of the summer had been taken up in objecting against the Powers given 
 " by Great Britain ; and in removing those objections, in (Q. the?) using any expres- 
 " sions that might imply an acknowledgment of our independence, seemed at first indus- 
 " triously to be avowed. (Q. avoided?) But our refusing otherwise to treat, at length 
 " induced them to get over that difficulty ; and then we came to the point of making proposi- 
 " tions. Those made by Mr. Jay and me, before the arrival of the other gentlemen, you 
 " will find in the enclosed paper, No. 1, which was sent by the British Plenipotentiaries to 
 " London for the King's consideration. After some weeks an Under Secretary, Mr. Strachey 
 " arrived, with whom we had much contestation about the Boundaries, and other articles 
 " which he proposed; we settled some, which he carried to London, and returned with the 
 " propositions, some adopted, others omitted or altered, and new ones added, which you will 
 " see, paper No. 2. We spent many days in disputing, and at length agreed on and signed 
 " the preliminaries, which you will receive by this conveyance." 
 Paper No. 1, above referred to. 
 
 " Articles agreed upon by and between Richard Oswald, Esq. the Commissioner of 
 " his Britannic Majesty, for treating of Peace with the Commissioners of the United States 
 " of America, on behalf of His said Majesty, on the one part, and Benjamin Franklin and 
 " John Jay, two of the Commissioners of the said States for treating of peace with the 
 " Commissioners of His said Majesty, on their behalf, on the other part. 
 
21 
 
 " Whereas reciprocal advantages and mutual convenience are found, bv experience, R '«rBt.Joho, 
 
 1 ° 7 J r ' excepted under 
 
 " to form the only permanent foundation of peace and friendship between States, it is agreed ftJmtheAttantK 
 " to frame the articles of the proposed Treaty on such principles of liberal equity and reci- R,vcrB ' 
 " procity, as that partial advantages (those seeds of discord) being excluded, such a beneficial 
 " and satisfactory intercourse between the two countries may be established, as to promise 
 " and secure to both the blessings of perpetual peace and harmony. 
 
 1st. " His Britannic Majesty acknowledges the said United States, viz., New Hamp- 
 " shire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New 
 " York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South 
 " Carolina, and Georgia, to be free, sovereign, and independent States ; that he treats with 
 " them as such ; and for Himself, His Heirs and Successors, relinquishes all claims to the 
 " government, propriety, and territorial rights of the same, and every part thereof; 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 remain to be, their Boundaries, viz : 
 
 " The said States are bounded north by a line to be drawn from the north-icest angle 
 " of Nova Scotia along the highlands, which divide those rivers that empty themselves into 
 " the River St. Lawrence from those which fall into the Atlantic, to the north-westernmost 
 " head of Connecticut River ; thence down along the middle of that river to the forty-fifth 
 " degree of north latitude, and thence due west in the latitude forty-five degrees north from 
 " the Equator, to the north-westernmost side of the River St. Lawrence, or Cataraguy ; 
 " thence straight to the Lake Nipissing, and thence straight to the source of the River Mis- 
 " sissippi : west, by a line to be drawn along the middle of the River Mississippi, to where 
 " the said line shall intersect the thirty-first degree of north latitude : south, by a line to be 
 " drawn due east from the termination of the line last mentioned, in the latitude of thirty-one 
 " degrees north of the Equator, to the middle of the River Apalachicola, or Catahouchi ; 
 " thence along the middle thereof to its junction with the Flint River ; thence straight to the 
 " head of St. Mary's River ; thence down along the middle of St. Mary's River to the At- 
 " lantic Ocean ; and east, by a line to be drawn along the middle of the St. John's River from 
 " its source to its mouth in the Bay of Fundy ; 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." 
 
 « Paris, 8th October, 1782. 
 
 " A true copy of which has been agreed on between the American Commissioners 
 " and me, to be submitted to his Majesty's consideration. 
 
 " (Signed,) R. OSWALD." 
 
 " Alteration to be made in the Treaty, respecting the Boundaries of Nova Scotia, 
 viz : 
 
 " East, the true line beheeen which and the United States shall be settled by Commis- 
 " sioners, as soon as conveniently may be after the tear." 
 
 3. Extract of a letter from Dr. Franklin to the Honble. R. Livingston, Secretary for 
 Foreign Affairs, dated Passv, 14th Deer. 1782. 
 
 6 
 
22 
 
 Bi»er St. John, g.p 
 
 «cepted under ' , 
 
 'raJthTAUcmtio " We have the honor to congratulate Congress on the signature ot the preliminaries 
 
 * i,m •! f a p eace between the Court of Great Britain and the United States of America, to be 
 
 " inserted in a Definitive Treaty so soon as the terms between the Crowns of France and 
 
 " Great Britain shall be agreed on. A copy of the articles is here enclosed." — (N. B. — 
 
 The second article is there described such as it now stands in the Treaty of 1783.) 
 
 " Remarks on Article II. relative to the Boundaries: 
 
 " The Court of Great Britain insisted on retaining all the territories comprehended 
 " within the Province of Quebec, by the Act of Parliament respecting it. They contended 
 " that Nova Scotia should extend to the River Kennebec." 
 
 Here, then, we learn that the projet of the Article above cited respecting boundaries, 
 having been referred to the British Ministry, remained in London some weeks under the con- 
 sideration of that Government ; that neither the scheme of settlement contained in the body 
 of the article, nor that referred to in the note appended to the article, were agreed to by the 
 British Government ; that is, that neither the one nor the other " could be obtained ;" that 
 on the return of the projet from London " there was much contestation about boundaries ;" 
 that some were settled and carried back once more to London by the under Secretary of 
 State, who returned after a time to Paris with the propositions, some adopted, others omitted 
 or altered, and new ones added.* We further learn, that during these disputes, Great 
 Britain " insisted on retaining all the territories comprehended within the Province of Quebec by 
 " the Jict of Parliament of 1 774," and that " she contended that Nova Scotia should extend to 
 " the River Kennebec." After all this persevering contention, the Preliminary Articles of 
 1782 at length came out, displaying the provisions respecting boundaries such as they now 
 stand in the Definitive Treaty of 1783. The evidence of Mr. Adams an<l Mr. Jay, (co- 
 plenipotentiaries with Dr. Franklin in negotiating the Treaty of 1782-3,) relative to the 
 same matters, subsequently taken on oath before the Commissioners appointed under the 
 Treaty of 1794, for ascertaining the true St. Croix, corroborates in every point the informa- 
 tion given by Dr. Franklin, and even contains some important disclosures in addition to it. 
 
 " The British Commissioners," says Mr. Adams, " first claimed to Piscataqua River, 
 " then to Kennebec, then to Penobscot, and at length to St. Croix, as marked on Mitchell's 
 " map." 
 
 That map, Mr. Adams had declared, was the only map or plan which was used by 
 the Commissioners at their public conferences. 
 
 Mr. Adams proceeds to say, " one of the American Commissioners at first proposed 
 " the River St. John, as marked on Mitchell's Map ; but his colleagues observing, that as 
 " the St. Croix was the River mentioned in the charter of Massachusetts Bay, they could 
 " not justify insisting on the St. John as an ultimatum, he agreed with them to adhere to the 
 " charter of Massachusetts Bay." 
 
 " The ultimate agreement," repeats Mr. Adams, in reply to another interrogatory, 
 " was to adhere to the charter of Massachusetts Bay, and to the St. Croix River, mentioned 
 " in it, which was supposed to be delineated in Mitchell's map. 
 
 Now we have already seen in the extracts above given from the " Secret Journals," 
 
 * The paper in which these alteration* were embodied, is not annexed to Dr. Franklin'» letter ahore cited. 
 in the work from which those extracts are taken. 
 
23 
 
 what were the then generally received notions and intentions of Congress respecting the ""J,f5' „"!« 
 Boundaries of the thirteen United States, as founded on their adherence to the charter of ftoJt'h, Atlantic 
 Massachusetts Bay ; and that, consistently with those notions, the line of the St. John 
 River was proposed as throughout its whole course, confining the Province of Massachusetts 
 Bay. 
 
 In addition to Mr. Adams's evidence above detailed, Mr. Jay declared on oath, in the 
 same manner, that " in the course of the negotiations, difficulties arose respecting the eastern 
 " extent of the United States. That Mitchell's map was before them, and was frequently 
 " consulted for geographical information." Further, Mr. Jay declared, " that he doubted 
 " there having then been very clear conceptions relative to the jtist and precise eastern extent of 
 " Massachusetts, for he had reason to believe, that respectable opinions in America at that 
 "time (1782) considered the River St. John as the proper eastern limit of the United 
 " States." 
 
 In recapitulation, then, the sum total of all the preceding evidence is, that the whole 
 course of the River St. John was first proposed by the United States as their eastern limit ; 
 that that limit not having been obtained, the contingent proposition authorized by the 
 American Instructions above-cited, namely, that for the settlement of boundaries after the 
 war, was resorted to ; that that also failed ; in fact, that the whole original projet of the 
 article respecting the eastern and northern Boundary of the United States was fundamentally 
 changed. Hence, we can come but to one conclusion, and that is, that a new and more 
 contracted line was substituted for the line so rejected and altered. 
 
 But it may be asserted that the new line may not necessarily have been a more con- 
 tracted line than the old ; but that in return for the partial contraction of the line at first 
 claimed by the Americans, in the substitution of the St. Croix River for the lower part of 
 the St. John, Great Britain may have agreed to give up to the United States all the lands to 
 the north of the St. John to which they now lay claim. 
 
 This would be equivalent to saying, that Great Britain, having vehemently contested 
 the whole Line of Boundary proposed by the United States, from the source to the mouth of 
 the St. John, and having moreover herself gradually receded from her original claims to the 
 Piscataqua, Kennebec, and Penobscot, gave up to the United States as an appropriate result Append, No. 
 
 9 D 47 
 
 of that contest, and those concessions, the entire upper half of that great and important ' 
 river, together with 700 square miles* of territory to the north of it, beyond the utmost extent 
 of territory demanded in the first instance by the United States to the south of that river, and 
 negatived by Great Britain ; and, as if this was but an insufficient equivalent, that she con- 
 sented to place the United States in entire possession of the only practicable line of commu- 
 nication between her two Provinces of Canada and Nova Scotia : and all this in the face of 
 the preamble contained in the very Treaty by which these arrangements are sanctioned, 
 which preamble, as we have seen, expressly declares that these arrangements are made in 
 order to prevent future disputes. 
 
 Such an assertion would carry its own refutation. Besides, not a word of evidence 
 can be adduced in support of it. For in the whole of the evidence above-cited, we have 
 seen that no claim was ever, from first to last, advanced on the part of the United States, 
 either in virtue of their adherence to the Charter of Massachusetts Bay, or on any other 
 ground, to any territory to the north of the St. John. And from the account above given 
 
 • Calculation by Dr. Tiarks of the comparative loss which would accrue to Great Britain by the adop- 
 tion of the Line of Boundary iww claimed by the United States, in lieu of that originally proposed by them in 
 1782. 
 
24 
 
 «™'tfi uni"' of the proceedings relative to the Treaty, as well in, as out of Congress, it is clearly dedu- 
 ftom' Z AtLtic cible, that not a thought was ever seriously entertained, on the part of the United States, of 
 claiming such extension of Boundary. 
 
 Every thing that we have seen, relative to the Negotiations in 1782, tends, in fact, to 
 one irresistible conclusion, which is, that the United States, in the first instance, laid claim to 
 a Boundary which they afterwards found that they could not support ; and as Great Britain 
 positively refused to accede to it, they were compelled to contract it to a line within that 
 originally claimed; namely, to the St. Croix, on the extreme east ; and westward, along a 
 continuation of the 6ame highlands which, in the original projet, were taken to divide the 
 Kennebec and the Penobscot from the rivers falling into the St. Lawrence. 
 
 In reference then to the two essential points which we have above discussed, namely, 
 whether the Bay of Fundy is contra-distinguished under the Treaty from the Atlantic Ocean; 
 and whether the River St. John is excepted from that class of Rivers which are described in 
 the Treaty as falling into the Atlantic Ocean, we conceive ourselves to have conclusively 
 established both these facts in the affirmative ; and to have demonstrated that it was the 
 intention of the parties to the Treaty of 17S3 that the point which is designated in that Treaty 
 as the north-west angle of Nova Scotia, should be found on highlands to the south of the 
 river St. John. Such is the position of the Highlands and the point of departure claimed on 
 the part of Great Britain. Having now, therefore, as we believe, shewn, affirmatively, that 
 the highlands now claimed by Great Britain as the Boundary Line of the United States, are 
 really those intended by the Treaty of 1783, we shall endeavor, by arguments and evidence 
 equally conclusive, to demonstrate, negatively, that the line of Boundary claimed by the 
 United States, cannot, even on their own shewing, and treating the question by their own 
 arguments, be along the highlands intended by that Treaty. 
 
 We have seen, by the evidence adduced respecting the proceedings in the American 
 Congress, as well as by the testimony of the American Commissioners, that the only ground 
 of claim originally advanced by the United States to territory on and about the River St. 
 John, was in virtue of the rights which they held to accrue to them under the Charter of 
 Massachusetts Bay.* No extension of territory in that quarter beyond the limits of that 
 
 * Two very singular a9sertion3 on the subject of tho claim of the United Statos to the territory in question, in reference to the 
 Charter of Massachusetts Bay. have been made by a very high authority, being no less a person than Mr. Gallatin, one of the Tlenino- 
 tenti.iries of the United States for negoliating the Treaty of Ghent, in a letter addressed by him from Ghent to tho American Secretary of 
 State, immediately subsequent to the signature of that Treaty. 
 
 Tn that letter, of which a fuller extract will be lound in the Appendix, No. 12, p. 171, there is this remarkable clause : 
 
 " That northern Territory is of no importance to us, unit belongs to the United States, and not to Massachusetts, which has 
 " not the shadow of a claim to any land north of 45 degrees to the eastward of Penobscot River, as you may easily convince yourself of 
 " by recurring to herCharters." 
 
 The singularity of one of the assertions contained in this clause consists in the supposition on which it is founded, that tha 
 United State* have a claim to the district in question by some title, separate from that conferred by the Charter of Massachusetts Bay, 
 which a relereoce to the Secret Journals of the old ingress already cited by U9, proves most conclusively that they never asseited. 
 
 The singularity of the other assertion as coming' Irom this quarter, consists in the denial to Massachusetts of any right on her 
 part to that district. In the justice of that denial Great Britain most fully concurs ; but she affirms that if it is admitted as valid with 
 respect ic Massachusetts, it must necessarily equally embrace the United States in general, since in all the discussions anterior to the 
 conclusion of the Treaty of 1783, relative to the territory in question, they uniformly professed to adhere to the Charier of Massachusetts 
 Bay. 
 
 I'- will not escape observation that in the preceding extract one of the most distinguished Statesmen in the United States 
 expresses his deliberate opinion that the northern Territory, that is, precisely the district now in dispute, " is of no importance to lis 
 United States." 
 
25 
 
 province was pretended to by them. The ultimate agreement of the American Commis- , w '^ f k *' Mai *" 
 sioners, was "to adhere to the Charter of Massachusetts Bay." We have seen that their 
 conception of the limits of that province never extended beyond the River St. John. 
 
 The United States now lay claim to territory far to the north of that river. The ground 
 of this claim, however, must necessarily be still the same as in 1 783, since the provisions of 
 the Treaty of 1783, signed by the American Commissioners under their ultimate agreement 
 above mentioned, form the sole basis of the present reference to arbitration. We shall 
 however, shew by documentary evidence of the most positive nature, that the limits of the 
 Province of Massachusetts Bay never did, and never could, extend to the line now claimed 
 by the United States. 
 
 In the British separate transcript (A a) of the map annexed to the convention under 
 the denomination of the map A, there will be perceived, marked in green, a tract of country 
 situated on the Madawaska River, and the Lake Temisquata, at a short distance from the 
 River St. John. That district, laid down according to the most accurate measurement 
 founded on the documentary authority hereinafter specified and annexed, represents a portion 
 of territory denominated " the Fiej of Madawaska," which was originally granted in the 
 year 1683, (that is, eight years prior to the Charter of Massachusetts Bay,) to a French 
 subject by the Governor of Canada, which was then a French province. 
 
 That province remained subject to France from that period down to the year 1763, 
 at which time the whole of the French possessions in that part of North America were 
 definitively ceded by Treaty to Great Britain. During that entire period, however, and down 
 to the present day, the Fief of Madawaska, in spite of all transfers, whether of the Province 
 generally from nation to nation, or of itself individually from hand to hand, has pre- 
 served its individuality under the original grant, and has constantly been, and is at this moment, 
 subject to the jurisdiction of Canada. 
 
 In proof of the accuracy of this assertion, we refer to the annexed papers, numbered Append No. 
 from 13 to 25, inclusive. ïïnffimlL 
 
 The first of these papers, marked 13, contains the original grant of that territory in 215 ' 
 1683. The others display the successive deeds of transfer and acts of jurisdiction exercised 
 over it in Canada, from that period to the year 1802 ; since which time the fief has remained 
 in possession of the same occupant. 
 
 Here, therefore, exists an extensive Possession incontestably Canadian, held by virtue 
 of the rights derived to Great Britain, from the cession to her of Canada by France, far 
 within the Line of Boundary claimed by the United States, as having formed part of the 
 Province of Massachusetts Bay. 
 
 Now, on what possible ground can the United States, who, in preferring their claim 
 in 1782 to territory in this quarter, professed to adhere to the Charter of Massachusetts Bay, 
 now lay claim to Territory which was granted to a French subject by a French Governor 
 of Canada, before the existence of the Charter of Massachusetts Bay, and which has always 
 formed an integral portion of Canada, whether held by France or Great Britain ? 
 
 But not only does this interposition of territory, unquestionably Canadian, invalidate 
 the claim of the United States, as founded on the Charter of Massachusetts Bay, but it also, 
 when considered under another point of view, totally breaks down their argument respecting 
 the line of highlands claimed by them ; for it disables those highlands from fulfilling the dis- 
 tinctive condition required of them by the Treaty of 1783, namely, that they shall divide the 
 rivers falling into the St. Lawrence from those which fall into the Atlantic Ocean. Amongst 
 these latter we have seen that the United States include the River St John 
 
 7 
 
2G 
 
 «u<? M&<i *" ® n consulting again the British transcript of the map A, it will be seen that the Fief 
 
 of Madawaska extends from near the sources of the River Madawaska to within a few miles 
 of the River St. John, of which it is the principal tributary in that quarter. 
 
 We conceive that it will hardly be pretended, that the Seigniory of Madawaska could 
 have been considered, at the period of the original grant, as an insulated portion of Canada, 
 totally disunited from that Province. We therefore assume that the Province of Canada 
 extended, at the period of the original grant of the Fief of Madawaska, uninterruptedly, 
 from beyond the Line of Boundary now claimed by the United States, along the Madawaska 
 River, to the entire extent of that Seigniory. But assuming this to be the case, it is manifest 
 that the American Line must, at the point towards the source of the Madawaska, experience 
 an absolute chasm, — a complete interception, — by the interposition of that portion of 
 Canada. 
 
 But how would such a line fulfil the conditions of the Treaty ? It would certainly, 
 in that case, neither run along highlands, nor would it divide rivers falling into the St. Law- 
 rence from rivers falling into the Atlantic ; since the upper part of the Madawaska would 
 undoubtedly be on the same side of the line with all the rivers which fall into the St. Law- 
 rence. 
 
 But without entering into arguments which might be derived from other sources, to 
 shew what the general Boundary Line of Canada was, we may fairly assert, that the simple 
 fact of the Fief of Madawaska having been originally granted and invariably held under the 
 jurisdiction of Canada, whether French or English, goes far to warrant the conclusion that 
 the whtle tract of Country in which that Fief lies, was always considered and treated by the 
 Authorities of Canada as an integral portion of that Province. 
 emuiian juri«- Upon such assumption or assertion alone, however, whatever may be its justice or 
 
 diction in dUput* 
 
 ad Torritorj. strength, we do not propose to rest our argument. That the Country has been so considered 
 and treated is demonstrable from documentary evidence of an equally conclusive character 
 with that already adduced on behalf of the Fief of Madawaska. To that evidence we accord- 
 ingly appeal. 
 
 œ W p B iai N °" ^ n tne ^th °f January, 1 765, a public notice, hereunto annexed, was issued by the 
 
 Office of the Provincial Secretary in Canada, and published by authority, according to 
 
 custom, in the Quebec Gazette, by which notice all Canadian inhabitants were prohibited 
 
 from interfering with the hunting ground of the Indians down to the Great Falls of the River 
 
 St. John. 
 
 Appendix, Affain, on the 11th of November, 1784, that is, but one year subsequent to the 
 
 No. 26, p. aao, ° ' J n 
 
 S°£' p %5 Treaty of 1783, an Indian was condemned by the Courts of Canada, and executed for a 
 
 Ne. 28, p. 233. J J 
 
 murder committed at Madawaska. The documents containing an account of this proceed- 
 ing are hereto annexed. 
 Appendix, No. Again, in the year 1789, proceedings were commenced in a Court at Quebec, and 
 
 continued to the 20th of January, 1791, in an action for damages brought against Augustine 
 Dubé and Pierre Duperé, residing at Madawaska, in which the defendants put in a plea 
 against the jurisdiction of the Court of Quebec, alleging that they resided within that of New 
 Brunswick. The plea was rejected on various grounds ; amongst others, absence of proof 
 on the part of the defendants that Madawaska was not within the jurisdiction of Canada ; 
 and the defendants were cast accordingly. 
 
 », p. 2». 
 
2/ 
 
 uns- 
 isput- 
 
 Again, on the 10th of November, 1791, a Sheriff's notice was published in the jf^f*^ J 
 Quebec Gazette for the sale of lands of the said Pierre Duperé at Madawaska, appa- ca T *'" 10 ')'- 
 rently in execution of the judgment in the last-mentioned case. 
 
 Again, in 1785, the Council of Quebec took into consideration the expediency of Appendix, No. 
 miking a road from Kamouraska on the St. Lawrence, to Lake Temisquata, along that gjf"^ Na 
 district called the Temisquata Portage, in order, as it is stated, to obtain an easy and 
 speedy communication between the Provinces of Canada and New Brunswick, " partic- 
 " ularly in time of war, when an easy and speedy communication, independent of the 
 " States of America, becomes absolutely necessary ; and when, in times of peace, 
 " from the inconvenience of sending Government and other Despatches by way of New 
 " York, which is every day more apparent, the American Postmaster having lately re- 
 " fused the Postmaster-General here (at Quebec) to allow the Couriers from this Pro- 
 «• viiice to pass through their territories, insisting that all letters shall go by their mails 
 «« only." 
 
 Again, in 1787 — 1792, the question of the respective Boundaries of Canada and 
 the then newly-erected Province of New Brunswick* was brought before the Council at Jj°- |V J- 1^' 
 Quebec. The paper which contains an account of the proceedings thereupon is highly 
 valuable and important, especially as proving that whatever disputes may have existed 
 between the respective British Provinces as to their several limits, not the smallest doubt 
 seems to have been ever entertained by them as to the right of Great Britain to the whole 
 territory thus contested between the Provinces. 
 
 In this document it is shewn, that for several years prior to 1792 the Government 
 of Canada had established a militia at Madawaska, and that the Courts of Quebec had 
 exercised jurisdiction in various cases within that settlement. It will also be seen there- 
 in, that, in opposition to the claim set up at that time by New Brunswick to a Boundary 
 north of Lake Temisquata, the Committee of the Council of Quebec contended that 
 such Boundary would interfere with " the seigneuries under Canadian grants as far back 
 
 J Appendix, p. 239r 
 
 " as the years 1623 and 1683, besides the Jlccadians settled above the Great Falls of St. 
 
 « John's River." 
 
 The report of the Committee proceeds thus : — 
 
 " The Committee most humbly submit to your Lordship, whether it would not 
 •« be for the advantage of both Governments that the Province of Quebec be separated 
 " from that of New Brunswick by a line running along the highlands which extend from 
 - the head f Chaleurs Bay to the foot of the Great Fall of St. John's River, and from 
 « thence crossing the river (so as to include the whole of the portage or carrying place) 
 *« and continuing n a straight line towards the sources of the River Chaudière, which 
 « rise on the highlands that commence at the said head of the Bay of Chaleurs, and extend 
 «« all the uuy to the north-westernmost head of Connecticut river." This opinion clearly 
 shews what conception was at that time entertained by the Canadian authorities respect- 
 ing the Boundaries of Canada and Nova Scotia. In a subsequent part of the same docu- 
 ment, it is distinctly stated that at that time (in 1792) "the line between the two Pro- 
 " vinces of Canada and New Brunswick had not been ascertained ;" and it was then 
 
 • SubsequenUy to the Treaty of 1783, the British Province of Nova Scotia was divided into two separate 
 Provinces, of which the one retained its former name ; and the other, embracing the British Territory in the vicinity 
 of the due north liae, and the adjaaent parts of the eld Pravtnce of Nova Scotia, received the name of New Brim' 
 wiok. 
 
28 
 
 Si"*o d n1" iu'ut- tne declared object ol the Canadian Government, " to call the attention of His Majesty's 
 ed Territory. « Ministers to the adjustment of the limits necessary for preserving the public tranquillity 
 
 " of both Provinces." 
 Appendu No. 33, Again, in 1791, an official list was made out of the Parishes in the Province of 
 
 Quebec, in which list the Parish of Madawaska is included, and a description given of the 
 species of tenure by which the settlers held their land ; and a census of the male popu- 
 lation, above 19 years of age, is also thereto annexed. 
 
 The above-cited series of documents clearly establishes Canadian jurisdiction, as 
 far as the Great Falls of the St. John, for a long period, both before and since the Treaty 
 of 1783, and thereby further negatives the American claim to this Country, as founded 
 on the supposed limits of Massachusetts Bay. 
 Appendix No. 34, Furthermore, there can be shewn, from American testimony, a de facto possession 
 
 by Great Britain of the district, called the Madawaska Settlement, on the River St. John, 
 beginning a few miles above the Great Falls, and extending beyond the confluence of the 
 River Madawaska with the St. John, which possession was never called in question by the 
 United States until the termination of the war between Great Britain and the United States, 
 in 1814. 
 Madawaska s«t- ^ e think it necessary, in order to prevent mistakes from the similarity of the names, 
 
 iieraeit. to gtate here ^ the « j\{ ai i avas ka Settlement," and the " Fief of Madawaska," are two 
 
 totally different things, and uot in any way connected with each other. The former is a 
 modern colony, planted subsequently to the Treaty of 1783 : the latter is, as we have 
 shewn, an hereditary seigniory, granted by the Government of Canada a century antece- 
 dent to the Treaty of 1 783, and from that period to this, subject to the jurisdiction of 
 Canada. 
 
 We prefer giving the account of the Settlement of Madawaska in the very words of 
 the Special American Agent, who was sent by order of the American Government to in- 
 quire into its origin, history and actual condition. 
 
 " This settlement," says Mr. Barrell in his report, " derives its name from the River 
 " Madawaska, which empties itself into the River St. John, about thirty-six miles above the 
 " Great Falls, and about one hundred and sixty miles above Fredericton. The first settlers 
 '• arrived soon after the Treaty of 1 783, and the first grant, which was of fifty-one several 
 " lots or plantations of land, was made to Joseph Muzeroll and fifty-one other French 
 "settlers, in the month of October, 1790, by Thomas Carleton, Esq. then Lieutenant-Go- 
 " vernor of the Province of New Brunswick. The land granted lay at intervals between 
 ♦' the River Verte and the Madawaska River, nine miles distant from each other, and on 
 " both sides of the River St. John. The second grant was of 5,253 acres of land lying below 
 " the River Verte, and was made to Joseph Soucer and others by Lieutenant-Governor 
 " Carleton, in August, 1794. These are the only grants ever made by the British Govern- 
 " ment within the settlement, excepting one to Limo Hibert* of 250 acres of land opposite 
 " to, and upon the River Madawaska, in May, 1825. 
 
 " The laws of the Province of JVe«> Brunsioick appear to have been always in force 
 " since the origin of that settlement. The settlers have acquiesced in the exercise of British 
 " authority, both civil and military, among them, and have for many years had an organized 
 " militia in the settlement. ***** The population of Madawaska amounts to about 
 ** 2,000, and is almost exclusively French." 
 
 * Simon Hébert. 
 
29 
 
 In confirmation or the above statement, copies of the original grants of land in Mauawaaka Bet 
 that settlement, made in 1790 and 1794, are hereto annexed. In further corroboration Appondt» No. 
 of the same statement, we also quote the deposition of one of the first settlers, Simon nà ' « '. 
 Hébert, which was taken on oath, on the occasion of the trial, before the Tribunals of 
 New Brunswick, of one John Baker, mentioned in the report above-cited. 
 
 That deposition establishes clearly the fact stated in that Report, of the settlers 
 having, from the very commencement, considered themselves as subject to British juris- 
 diction. " Simon Hébert, being sworn, deposed as follows : I live two miles below Mad- 
 
 a l Appendix, Fs- 
 
 " awaska River. Have lived there forty years next month ; I moved there from the 3B ' '' 866- 
 
 " 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. 1 live under this Government, and have always lived 
 
 " under it. All the Madawaska settlers live under the same Government I vote at 
 
 " elections The first time was about eight years ago." 
 
 This last-cited evidence proves an actual jurisdiction over this Territory, since 
 the Treaty of 1783, by the British Province of New Brunswick. The claims of this 
 Province and Canada, with respect to this and other parts of the territory in this quarter 
 are conflicting inter se, and shew the uncertainty of their respective Boundaries, which in 
 fact have never been settled, and may require the interference of the Mother Country to 
 adjust: but these conflicting intercolonial claims, which have arisen since the Treaty of 
 1783, are altogether irrelevant to the present controversy between Great Britain and the 
 United States, as a Foreign Power, and under that Treaty. Whether under the one 
 Province or the other, the possession is British. 
 
 The right to that possession was first called in question by the United States, and 
 that only constructively, at the period of the negotiations at Ghent in 1814. 
 
 A reference to the two annexed official decennial censuses of the United States, 
 and, specifically, of the State of Maine, will shew that in 1810 no mention was made of 
 the Madawaska Settlement; whereas in 1820 that Settlement was included in the sjeneral Appendix, No. 
 
 ° 39, p. '277. 
 
 estimate of the population of the United States ; it being, however, stated in this Census 
 of 1820, that the inhabitants of this settlement " supposed they were in Canada." 
 
 Under all these circumstances, Great Britain conceives herself to have a fair right 
 to assume that this settlement and territory have been, from the earliest period, consider- 
 ed a part of the British Dominions. 
 
 We now believe ourselves to have demonstrated, from all the considerations and 
 evidence above adduced, that the line claimed by the United States as their boundary, 
 cannot possibly, in point of position, be the line intended by the Treaty of 1783. 
 
 We have already demonstrated, on the other hand, that the line claimed by Great 
 Britain is in strict accordance with the intentions of the framers of the Treaty, and does 
 in every respect, in point of position, fulfil the conditions imposed on it by the Treaty. 
 
 There is a separate ground, namely, that of the specific meaning and character Highland», 
 attached to the term " highlands," on which we shall briefly consider the question before 
 we close this part of our argument ; and we propose to shew, in the first instance, that 
 in this more contracted view of the question, as well as on the broader and higher grounds 
 already discussed, the highlands claimed by Great Britain have a just title to be consider- 
 ed as fulfilling the conditions of the Treaty. We will then consider the character of 
 the line claimed by the United States in this respect. 
 
 Great Britain then maintains that the term highlands employed in the Treaties 
 
30 
 
 Highlands. implies not merely lands which divide rivers flowing in opposite directions, but high, i. e. 
 elevated, lands, or, in other words, a mountainous tract of country. The United States, on 
 the contrary, contend that the term " highlands" does not imply visible elevations, but 
 simply lands, whether high or low, which cause waters to flow in opposite directions. 
 
 It is of course not pretended, on the part of Great Britain, that in order to sup- 
 port the character which she assigns to the term " highlands," those highlands should 
 present an absolutely unbroken and continuous ridge, wi'hout the intervention of valley 
 or swamp. She does, however, maintain, that the " highlands" ought to coiform to 
 the above-cited definition of the term, by displaying a generally elevated and mountainous 
 character ; and such a character she affirms that the highlands claimed by her do in 
 reality bear. 
 
 Under this view of the intent of the term " highlands," as used in the Treaties, 
 Great Britain maintains that the point called Mars Hill is, with propriety, claimed by her 
 
 NoToff.' p. 72. as the point of departure on the " highlands" as well on the ground of that point being 
 « *''?.' 90. the nearest real elevation met by the due north line drawn from (he source of St. Croix 
 
 " 7H. a. 1J3. 
 
 d, 2, 7, is." ' River, as on the other and more essential grounds alrea 'y discussed. From Mars Hill 
 the surveys hereto annexed, which were made by Surveyors appointed for that purpose by 
 the Commissioners under the 5th Article of the Treaty of Ghent, shew that a generally 
 hilly country is found to extend towards the eastern branch of the River Penobscot. 
 The accuracy of those surveys and the reports* of the Surveyors which accompany them, 
 has been attempted to be impeached by the Agent of the United States under the 5th Ar- 
 
 u p , > 'p" Ms . N ° tide of the Treaty of Ghent, but ineffectually. It will be seen by the annexed account 
 of certain proceedings, which took place between the British and American Commis- 
 sioners in 1821, that the British Agent, at the same time that he objected to the Ame- 
 rican surveys and reports, in part, and proposed to the Board to have the Surveyors 
 examined on oath as to the accuracy of those documents, offered voluntarily to have the 
 British Surveyors equally examined on oath as to the accuracy of their surveys, which 
 had been called in question by the American Agent. That offer was declined on the part 
 of the Americans. A proposal previously made to the American, by the British Commis- 
 sioner, to have those parts of the country, which were affirmed to be inaccurately laid 
 down in the respective surveys, surveyed afresh, had been equally declined on the part of the 
 United States. 
 
 Without in any way questioning the grounds on which the American Commissioner 
 declined acceding to the two propositions above stated, which he had certainly a full right to 
 do, we insist upon the simple fact of a proposal having been made in the strongest and 
 clearest terms on behalf of Great Britain, that the accuracy of the British surveys should be 
 subjected to the test of a solemn examination on oath ; and from that fact we conceive our- 
 selves to have a fair right to infer, that the statements and delineations of the British Sur- 
 veyors are substantially correct ; and we accordingly assume, that the country between 
 Mars Hill and the head of the eastern branch of the Penobscot, answers generally to the 
 definition of highlands, namely, " mountainous country" above given by us. 
 
 * Although in this statement such only of the reports maJe under the 5th Article of the Treaty of Ghent 
 are specifically adduced in evidence, as Great Britain considers necessary for the support of her claim, the whole 
 collection of those reports and surveys are nevertheless annexed hereto, in order that full and impartial means may 
 lie afforded to the arbiter to make immediate reference to any part of them, and to judge between the conflicting 
 representations of the respective British and American Surveyors. 
 
31 
 
 These highlands connect themselves with a mountainous tract of country, well Highland», 
 known at the period of the formation of the Treaty of 1783, and long before, by the dis- 
 tinctive appellation of " The Height of Land." That height of land had been described in 
 many public documents as dividing the waters that fall into the Atlantic Ocean, from those * p Jf j^ 1 ' Nn 
 which fall into the River St. Lawrence to the west of the sources of the River St. John, 
 and the western head of the Penobscot ; that is, the same waters which we have shewn 
 that the American Congress and Plenipotentiaries contemplated in their first proposition 
 before cited, and must still have contemplated at the period of the signature of the De- 
 finitive Treaty, because the same designation of the dividing highlands is still preserved 
 therein. 
 
 That the connexion above noticed exists between the western and eastern section 
 of the highlands forming that "height of land" to the south of the River St. John, we af- 
 firm not only on the authority of the Surveyors employed under the Boundary Commission, 
 but also on that of an American topographer of repute, Mr. Greenleaf, who published in 
 1816, a "Statistical View of the State of Maine," illustrated by a map of the same State, 
 delineated by himself. 
 
 With reference to the highlands in question he says, " with the exception of a small 
 " tract at the eastern extremity, and some detached elevations along the central part of the 
 "north-western Boundary, the mountainous part of the district may be included within an 
 " irregular line drawn from the line of New Hampshire, not far from Saco River ; thence 
 " proceeding north-easterly, and crossing Androscoggin River near Dixtield, Sandy River 
 " above Farmington, Kennebec River above Bingham, the west branch of the Penobscot 
 "at the Lake Femmidumpkok, and to the east branch op the Penobscot near the mouth 
 "of the Wassattaquoik; thence north so far as to include the heads of the Aroostook; 
 " thence south-westerly to the head of Moose-head Lake, and thence westerly to the Boun- 
 " dary of the district near the sources of the Du Loup. The greatest length of this section 
 "in from south-west to north-east, about 160 miles; its greatest breadth about 60 miles ; and 
 "it comprises about one-seventh part of the district. No observations have been made to 
 " ascertain and compare the height of the different elevations in this section ; but from es- 
 " timates which have been made on the falls of the livers, proceeding from different parts of 
 " it, and from the much greater distance at which the mountains in the western part are 
 " visible, it is evident that the western, and particularly the north-western part, is much 
 " higher than the eastern ; and the section in its whole extent may be considered as present- 
 " ing the highest points of land between the Atlantic and the St. Lawrence." 
 
 The preceding description is extracted from the Report of the British Commissioner 
 under the 5th Article of the Treaty of Ghent, who adds, "that in the map accompanying 
 " Mr. Greenleaf s work, and which that work was intended to explain, there is not a vestige 
 " of any highlands in that tract of Country through which the Boundary is claimed on the 
 " part of the United States, except the Timiscouata Portage, which, it is contended on the 
 " part of His Majesty, is proved also to be the case from the result of the exploring surveys 
 "in that quarter. And it is here to be observed that the Agent of the. United States has 
 " not attempted to call in question the correctness of the above statement of Mr. Green- 
 " leaf."* 
 
 * See ropy of Greenlraf's Map, exhibiting the mountainous tract here described, in collection of Maps 
 and Surveys D annexed. D. 31. 
 
32 
 
 Highland». Throughout the whole extract from Greenleaf above-cited, it will be perceived that 
 
 it is a question not of lands dividing rivers, but of elevations: and it is shewn that those ele- 
 vations extend to the eastern branch of the Penobscot, which river we have demonstrated that 
 the framers of the Treaty of 1783 clearly intended to divide from the River St. John. The 
 surveys above referred to shew that the general character of the district between the east- 
 ern branch of the Penobscot and Mars Hill is mountainous. Great Britain, therefore, on 
 this ground, as well as on the others already expounded, conceives herself fairly entitled to 
 assert that Mars Hill, and the line of boundary of the United States, as claimed by her from 
 Mars Hill to Connecticut River, answer the intent of the Treaty, in which it is declared 
 that the point designated therein as the north-west angle of Nova Scotia shall be placed on 
 the highlands, and that the line of boundary shall be traced from that point along the said 
 highlands which divide the rivers which empty themselves into the River St. Lawrence, from 
 those which fall into the Atlantic Ocean. 
 No.lof^p. 121. With re Sard to the line claimed by the United States as their Boundary, a reference 
 
 " %l'.m. to tne official surveys and reports made by the Surveyors appointed by the Commissioners 
 n. 13,' h, isi under the 5th Article of the Treaty of Ghent will fully confirm the assertion which we 
 
 19, 20, 23, 24. 
 
 here confidently make, that not one-third of that line can be shewn to run along any lands 
 which, according to the just definition of the term, are entitled to the appellation of " high- 
 " lands." 
 
 By an attentive examination of those reports and surveys, we shall find that with the 
 exception of one spot on the Temisquata Portage, no eminences like those which are found 
 in the vicinity of the British line have been observed, from which the country and its various 
 elevations could have been viewed ; and from the only place, where highlands undoubtedly 
 exist on the Temisquata Portage, no ranges of any extent running in the direction of the 
 Line of Boundary claimed by the United States have been seen on either side, east or west. 
 Setting aside the Survey and Report* of the American Surveyor, Johnson, as, with 
 respect to the particular country now under consideration, altogether ideal and unfounded 
 in fact, we proceed to examine cursorily, according to descriptions better worthy of 
 attention, the individual spots of the American line which have been visited by the Sur- 
 veyors. 
 Appendix, No.io, The north line, as described by the United States, terminates at a place where there 
 
 are no highlands agreeing with the definition above given. It appears from Mr. Odell's 
 report, that from the high bank of the Grand Fourche of the Restigouche the land declines 
 gradually all the way towards Beaver Stream, and especially from the place where the line 
 intersects the last waters of the Restigouche until its intersection with Beaver Stream. This 
 district is therefore no better entitled to the appellation of highlands than the whole of the 
 surrounding country. 
 nHo^V Isa. Tne next s P ot alon o tne line > proceeding westerly, which has been visited, is the 
 
 d, 13, i5. v ' 13 °' division of the waters of the second fork of the Lakes of Green River from those of the 
 Rimousky. There, indeed, there aie highlands ; but they do not divide, but rather run 
 parallel to the waters to be divided. 
 
 From the reports and surveys of Mr. Burnham the American, and Dr. Tiarks 
 
 * See Appendix, No. 11. p. 148, and No. 44, p. 306. 
 
33 
 
 the English Surveyor, it appears that the dividing land between the waters is a swamp hav- Highland .. 
 ing all the features, the appearance, and vegetation of low land. 
 
 The highlands lie in unbroken ridges parallel to both waters, running south and north, 
 so that those waters take their opposite courses in a valley between two ridges. 
 
 The low swampy spot, in which the waters divide, is an insulated point, without any 
 continuity or connexion with other similar spots ; so that, in fact, it is impossible to divine 
 which way the Line of Boundary ought to run from that point, since there are no highlands 
 to direct its course as required by Treaty, and it is necessitated to find its way arbitrarily 
 from one detached point to another, for want of such highlands. 
 
 The next snot visited bv the Surveyors, is that of the division between the northern Appendix, 
 
 r No. 10, o, p. 123. 
 
 branch of Tuladi River and a branch of the same River Rimousky before mentioned. « «, p. ibt. 
 
 It appears that the features of this district were precisely the same as those at the 
 preceding spot ; and the same remarks apply therefore with equal force to this place. 
 
 This is all we know certainly, as collected from actual survey of the country along 
 the line claimed by the United States, east of Temisquata Portage. Therefore in that 
 country it cannot be affirmed that there are any highlands answering to the demand of the 
 Treaty. 
 
 On the Temisquata Portage there are highlands between the waters of Green River 
 and those of the River St. Francis ; but those waters were never traced up to their sources, 
 so that it is not known what appearance the country may there present. 
 
 At the next spot visited by the Surveyors, westward of Temisquata Portage, namely, $KTS?'J'p. m . 
 the division of the waters of the River Ouelle from those of the Little St. John, we again D| 23, 24' P ' " 3 
 find the same absence of dividing highlands in the immediate vicinity of the division of those 
 waters. Whatever highlands are found in that quarter run parallel to the river, at some 
 distance from the point of division. 
 
 It does not appear that there are any eminent highlands on the line claimed by the 
 United States near the head waters of the numerous branches of the River St. John, nor 
 have we any description of ridges of highlands dividing any of these heads from the contig- 
 uous waters of the Rivers emptying into the St. Lawrence. 
 
 The Surveyors ascended several of these branches ; and it does not appear that any 
 highlands, really entitled to that designation, were any where observed. 
 
 No other spot further westward in the line claimed by the United States was visited 
 by the Surveyors, except the point where the British and American lines meet at the "Height 
 " of Land," heretofore treated of. 
 
 In the American transcript of the map A, as in some of the original American 
 Surveys, a line of what appears to be mountains, is represented as extending continuously 
 from the point which the United States claim to be the north-west angle of Nova Scotia, to 
 that point near the source of the St. John where the British and American lines meet. If 
 the line so delineated is intended to represent real elevations, we must affirm that represent- f, PP p n, J^' ^ 
 ation to be altogether unsupported by evidence, as a reference to the aforesaid surveys and No - 44 ' p - 30e - 
 reports will abundantly prove. If, on the other hand, those highlands are intended merely 
 to represent lands which divide, here and there, waters flowing in opposite directions, we re- 
 peat our appeal to the true meaning of the term "highlands." 
 
 It has now been shewn, on the part of Great Britain, and in support of her claim, summnryof Ar- 
 in reference to the first branch of difference between her and the United States, relative to 
 the point designated in the Treaties as the north-west angle of Nova Scotia. 
 
 
 
34 
 
 3 U mmiir F of Ar- 1st, That the Bay of Fundy, as mentioned in the Treaty of 1 783, is intended to he sepa- 
 rate and distinct from the Atlantic Ocean ; and that the River St. John, which falls into the 
 Bay of Fundy, is intended, on that as well as on separate grounds, to be excepted from that 
 class of rivers which are described in the Treaty as falling into the Atlantic Ocean ; conse- 
 quently, that the highlands described in the Treaty must lie to the southward of that river. 
 
 2dly, It has been shewn that at the period of the negotiations in 1782, the only ground 
 assumed on the part of the United States for their claims to territory in the quarter now con- 
 tested was that of the limits of the Province of Massachusetts Bay ; that the utmost claim 
 so founded extended only to the line of the River St. John ; and that in the course of the ne- 
 gotiations that line was materially contracted, under which contraction the Treaty of 1783 
 was concluded. 
 
 3dly, It has been shewn that far within the line of boundary now claimed by the United 
 States, necessarily on the same ground of having formed part of the Province of Massachu- 
 setts Bay, Great Britain holds an extensive hereditary Seigniory, indisputably Canadian, as 
 having been granted by the Government of Canada, and having continued uninterruptedly 
 subject to the jurisdiction of Canada from the year 1683 to the present day. 
 
 4thly, It has been shewn that Great Britain constantly exercised an actual and unquestioned 
 jurisdiction in the country now claimed by the United States from the period of the Peace 
 of 1783 to that of 1814; and held during that period uncontested de facto possession of 
 other parts of that country besides the hereditary Seigniory above mentioned. 
 
 5thly, It has been shewn that the highlands claimed on the part of Great Britain as those 
 designated in the Treaty of 1783 conform, in every particular, to the conditions imposed on 
 them by that Treaty ; and, on the other hand, that the highlands claimed on the part of the 
 United States conform neither in position nor character to those conditions. 
 ci»im «r Great On all these grounds, Great Britain claims that the point designated in the Treaty 
 
 of 1783, as the north-west angle of Nova Scotia, be established at or near the elevation above 
 referred to, called JWars Hill ; and that from that point the line of boundary of the United 
 States be traced south of the River St. John to the north- westernmost head of Connecticut 
 River, at the heads of the Rivers Penobscot, Kennebec, and Androscoggin ; which rivers 
 Great Britain maintains to be those intended by the Treaty as the rivers falling into the 
 Atlantio Ocean, which are to be divided from those which empty themselves into the River 
 St. Lawrence ; such, or nearly such, as that line is described on the official map, denominated 
 the map A, which is annexed to the Convention of the 29th of September, 1827, 
 
3ô 
 
 SECOND BRANCH OF DIFFERENCE RESPECTING THE NORTH- 
 WESTERNMOST HEAD OF CONNECTICUT RIVER. 
 
 We now turn to the consideration of the second branch of difference between Wo ,i h . west ern. 
 Great Britain and the United States, as above-stated, namely, the designation of the coùnecS" 
 true north-westernmost head of Connecticut River, as intended by the Treaties of 1 783 and 
 1814. 
 
 In reference to this point Great Britain maintains, that the north-westernmost head, 
 intended by the Treaty, must be that' head of the River Connecticut, which, of all the heads 
 of all its waters above the highest print, where it assumes the distinguishing title of Connecti- 
 cut, or main Connecticut, shall be found to lie in the most north-westerly direction relative to 
 the main river. 
 
 Towards the upper part of the River Connecticut, several waters flow into it from 
 various quarters. Of these, two, namely, Hall's Stream and Indian Stream, both coming 
 from the north-west, join the main river a little above the true parallel of 45° N. lat, which 
 is the extreme southern point of the Boundary of the British possessions assigned by the 
 Treaties on that river. 
 
 The main River Connecticut, however, retains its name and comparative volume far 
 above the junction of these two streams with it ; as far indeed as a lake of some magnitude, 
 denominated Connecticut Lake, which is succeeded, still higher up, by other lakes of smaller 
 dimensions. The river which issues from Connecticut Lake, now bears, and always has 
 been known by, the sole appellation of Connecticut River. 
 
 Great Britain therefore claims the spring head of the most north-western water, 
 which finds its way into Connecticut Lake, as the " north-westernmost head of Connecticut 
 " River," intended by the Treaty of 1783, from whence the Boundary is to be traced down 
 along the middle of that river to the 45th degree of N. latitude. 
 
 Great Britain maintains, that no stream which joins the Connecticut River below any 
 point where the river is known by that distinctive appellation, can, with any propriety, or 
 consistently with geographical practice, be assumed to be the River Connecticut ; nor, 
 consequently, can the head of such stream be taken as a head of the river itself, being 
 merely the head of a subordinate branch of the river, which branch is known under a sepa- 
 rate denomination. 
 
 If " Hall's Stream" or " Indian Stream" are, either of them, to be assumed as con- 
 taining the true north-westernmost head of the River Connecticut, according to the definition 
 employed in the Treaties, then, by a parity of reasoning, might the Moselle be considered as 
 containing the south-westernmost head of the Rhine, and the Maine its most south-easterly 
 head, and so on ; for those rivers join the Rliine in the same relative manner, and are as com- 
 pletely the true Rhine, as the tributary waters " Hall's Stream" and " Indian Stream" join, 
 and are the true Connecticut. 
 
 We adduce the example of the Rhine alone for simplicity's sake. But it is obvious 
 that the same rule which applies to one river must apply to all ; and if the American doc- 
 trine be admitted, instead of seeking for the northern, southern, eastern, or western, head of 
 any given river, at the point where the highest sources of the river so denominated are placed 
 by geographers, and universally admitted to be, we must look all round the compass for the 
 particular head of such river according to the specific magnetical bearing of it, which we 
 may be in want of. 
 
 Thus the heads of the Rhine, if designated by such magnetical bearing, must 
 
36 
 
 North-weatern- 
 luust Head of 
 Connecticut 
 River. 
 
 Appendix, No. 
 10, r, p. 130, und 
 Survey D,12. 
 
 Map A a, annex- 
 ed. 
 
 Appendix, No. 
 •10, p. 889. 
 
 Map C annexed. 
 
 Appeudix, No- 
 il, p. 892. 
 
 be searched for in different parts of Europe, instead of in the range of the St. Gothard moun- 
 tains, where they have hitherto been taken to be situated. 
 
 Yet we believe that no person will deny that in those mountains both the south-west- 
 ern, south-eastern, and all other heads of that river, are to be found. So, likewise, are the 
 various heads of Connecticut River to be found in the same relative position to each other, 
 and to the river of which they are the sources. 
 
 This point, however it may be involved in plausible argumentation, is deemed by 
 Great Britain too evident to require further elucidation or argument. 
 
 For a confirmation of the several facts above alleged, however, with reference 
 to the position and specific denomination of the River Connecticut and its tributaries, 
 as well as with a view to illustrate the Line of Boundary in that quarter resprctively 
 claimed by Great Britain and the United States, we refer to the following documents hereto 
 annexed. 
 
 1st. The Report and Survey of the British Astronomer, who was appointed by the Com- 
 missioners under the 5th Article of the Treaty of Ghent to survey the district at the extreme 
 head of the River Connecticut. 
 
 The accuracy of that Report and Survey has been acknowledged by the Americans 
 themselves. 
 
 2dly. The British transcript of the map A, aheady adduced in evidence. In that tran- 
 script, the whole tract in dispute will be found laid down exactly according to the survey 
 above mentioned, together with the adjoining parts of the Line of Boundary. 
 
 3dly. A grant of land made in the year 17S9 by the State of New Hampshire to 
 Dartmouth College, in which the land granted is expressly described as being wholly 
 " bounded by Connecticut River" on one side. The said land extends, however, along the 
 river, above the mouth of Indian Stream. Therefore this document proves, by American 
 authority, that this river is distinguished by the name of Connecticut in that part of its 
 course, and considerably above the mouth of Hall's stream, which, as we have seen, is 
 claimed by the United States, as containing the true north-westernmost head of Connecticut 
 River. 
 
 To elucidate the precise position of this grant, we offer in evidence a map of New 
 England, published in 1826, by Nathan Hale, an American citizen, in which the limits of 
 the grant are laid down. 
 
 We must observe, however, that we adduce this map, 6imply in illustration of that in- 
 dividual point, and by no means in support of the general claim of Great Britain in that quar- 
 ter, however powerfully it might, in various particulars, be found to corroborate that claim ; 
 for we hold map evidence, on either side, to be altogether incompetent to enter into the 
 decision of any question of contested Boundary, such maps alone excepted, as have been 
 admitted as fit to be annexed to the Convention of the 29th of September, 1827, for the pur- 
 poses therein specially declared. 
 
 Before we quit this branch of difference, we think it not inexpedient to mention, that 
 the American Commisssioner and Agent under the 5th article of the Treaty of Ghent, were 
 actually at variance, as to the precise point at which the north-westernmost head of Connec- 
 ticut River ought to be established ; the latter having declared for " Hall's Stream," the 
 former for " Indian Stream." In proof of that variance, an Extract from the Report of 
 the Commissioner of the United States is hereto annexed. 
 
 It will be seen, by inspecting the map A, that the American Government have 
 
37 
 
 adopted the views of their Agent, in preference to those of their Commissioner, by adhering N " [' 
 
 to " Hall's Stream" as their Boundary now claimed. ' ; 1 , 1 """ 1: 
 
 It may also be expedient to invite particular attention to the circumstance of the old 
 parallel of 45° north latitude having been discovered to be erroneously laid down half a mile 
 to the north of the true latitude on the River Connecticut. 
 
 We advert to this fact more particularly, because the old parallel, in its course from 
 the west, crosses Hall's Stream above its junction with the Connecticut River, and strikes 
 the latter at a spot where a land mark was placed in 1772, as evidence of the Boundary be- 
 tween the then British Provinces of Quebec and New York. 
 
 We shall see hereafter, in discussing the third branch of difference between Great 
 Britain and the United States, that the United States object to the general rectification of 
 the Boundary Line along the parallel of 45° north latitude from the Connecticut to the St. 
 Lawrence. 
 
 If, however, they apply that objection to the point of departure of that parallel 0)i 
 the River Connecticut, yet still maintain their claim to " HalVs Stream," as containing the 
 north-westernmost head of the Connecticut, it is manifest that the Line of Boundary claimed 
 by them can never strike the real Connecticut at all, but must stop short at Hall's Stream ; 
 since it is only by adopting the rectified parallel of latitude, that the mouth of Hall's Stream 
 can be made to join the Connecticut above that latitude. A reference to the Map A will at 
 once elucidate this point. 
 
 On all the grounds above adduced Great Britain claims that the north-westernmost 
 head of Connecticut River, as designated in the Treaties, be established at the source of the 
 north-westernmost stream, which flows into the uppermost of the lakes, which are above 
 Connecticut Lake, that point being the north-westernmost head of waters tributary to the 
 said Connecticut Lake, up to which the Connecticut River is known by that distinctive title : 
 and that from thence the line of boundary be traced " down along the middle of that Rivei 
 " to the 45th degree of North Latitude :" such as it is exhibited on the official map A. 
 
 THIRD BRANCH OF DIFFERENCE RESPECTING THE LINE OF BOUN- 
 DARY ALONG THE PARALLEL OF 45° N. LATITUDE FROM THE 
 RIVER CONNECTICUT TO THE RIVER ST. LAWRENCE. 
 
 We now come to the third and last branch of difference respecting the Boundaries Boundary Line 
 between Great Britain and the United States. That branch, as before stated, embraces the com,èctlcuî v tô 
 Line of Boundary along the parallel »f 45° north latitude from the River Connecticut to the Lawrence along 
 
 . the patallo! of 
 
 River St. Lawrence. «« n. îautude. 
 
 We recite here such portions of the provisions of the Treaty of 1814 as have refer- 
 ence to this point. 
 
 *' Whereas that part of the Boundary Line between the dominions of the two A PP endu, No 
 " Powers, which extends from the source of the River St. Croix ***** to the north- ' p ' 
 " westernmost head of Connecticut River, thence down along the middle of that river, to 
 " the 45th degree of north latitude; thence by a line due toest on said latitude, until it strikes 
 " t/ie River Iroquois, or Cataraguy, has not yet been surveyed * * * *. The said 
 
 10 
 
38 
 
 Bounds Lme u Commissioners ***** shall cause the Boundary aforesaid, from the source of the 
 
 ■i mu the Kiver *" 
 
 S.°e n Kiver C st. t0 " River St. Croix to the River Iroquois, or Cataraguy, to be surveyed and marked according 
 
 Lawrence along , . , . . „ 
 
 tlie parallel of " tO the SOtrf pTOVIStOnS. 
 
 The Treaty of 1783, already cited above, provides, with reference to the point 
 now under consideration, that the line between the British and American Possessions shall 
 be described by a line drawn from the 45th degree of north latitude on Connecticut River, 
 " due west on said latitude, until it strikes the River Iroquois or Cataraguy (St. Lawrence.)" 
 Of these plain and explicit stipulations Great Britain simply desires the strict and faithful 
 execution. 
 
 As it may appear singular that upon a provision so clear and intelligible any 
 question should have arisen, it will be necessary to explain the proceedings which have 
 already taken place relative to this matter between the British and American Commission- 
 ers who were appointed under the 5th Article of the Treaty of Ghent to carry that provision 
 into effect. 
 
 In the year 1818 the Commissioners under the 5th Article of the Treaty of Ghent, 
 having already executed some portion of the general task assigned to them, in the direc- 
 tion of the River St. Croix, proceeded to order their respective astronomers to ascertain 
 in concert various points of that part of the Boundary Line which is provided by Treaty to 
 extend along the parallel of 45" north latitude, from the River Connecticut to the River St. 
 Lawrence. 
 
 In the expediency, as well as in the mode, of executing that service, both the Commis- 
 sioners fully concurred ; and an instruction to the astronomers was accordingly drawn up to 
 the following effect : 
 
 " That* on the arrival of Mr. Hassler, (the American astronomer) the astronomers 
 " of the respective Governments should proceed with the least possible delay to ascertain the 
 " point where the parallel of 45° of north latitude continued due west from Connecticut 
 " River, will strike the River Iroquois or Cataraguy (St. Lawrence) ; and after that should 
 " be done, that they should proceed to ascertain the said parallel of latitude at such other 
 " places between the River Iroquois or Cataraguy and Connecticut River, as should be ne- 
 " cessary to an accurate survey of the Boundary Line upon that parallel of latitude, in con- 
 " formity with the provisions of the 5th Article of the Treaty of Ghent, and of the 2d Article 
 " of the Treaty of 1783 : and that the Agents of the respective Governments should furnish 
 " to the Astronomers such further instructions, not inconsistent with that order, and also 
 " such assistants and laborers, and provisions, and other articles, as might be necessary to 
 " carry that order into execution." 
 
 This instruction proves that at that time, at least, that is, prior to the commencement 
 of the astronomical operations above mentioned, there existed no doubt in the mind of the 
 American Commissioner as to the propriety of instituting such operations. 
 
 The Astronomers appointed for that service, both of them men of first rate scientific 
 acquirements, entered accordingly on the task assigned to them, and had actually accom- 
 plished no inconsiderable portion of that task, by fixing the points of the true parallel 
 Nollôfi*' p. 60. °f 45° north latitude on the St. Lawrence, and at several intermediate spots between 
 " h\ p. ei that river and the Connecticut, when doubts appear to have entered into the minds of the 
 American Commissioner and Agent as to the expediency of continuing those operations : 
 
 * Extracted from the Report of the British Commissioner under the 5th Article of the Treaty of Ghent. 
 
39 
 
 and the effectual prosecution of this survey, notwithstanding the repeated representations %££%?$£ 
 of the British Commissioner, was from that time suspended. oriwst.'" 
 
 A cursory explanation of the circumstances which occurred relative to the actual u» parallel of " 
 
 , 45 s * N. lutitnilo. 
 
 operations in the interval between their commencement and the period to which we have 
 brought them down, will be highly necessary in order to clear up this proceeding. 
 
 From the reports of the Astronomers it appeared that the old line had been found 
 by them to be in many places more or less defective, being laid down sometimes to the 
 south, and sometimes to the north of the true latitude ; and at a certain spot called "Rouse's 
 "Pot'n«," near the outlet of Lake Champlain, where the old parallel was found to be unu- 
 sually inaccurate, there happened to be an important American Fort which had been 
 erected not long before at considerable expense, as a defence for that frontier. That fort, 
 by the rectification of the Boundary Line, was clearly discovered to stand on British terri- 
 tory, that is to the north of the true parrallel of 45° north latitude. 
 
 Under these circumstances the American Agent put forth a proposition to the 
 following effect. 
 
 In an argument delivered by that gentleman before the Board of Commissioners in 
 1821, he contended that no fresh survey of such parts of the Line of Boundary as had 
 been already heretofore laid down as a Boundary between the Provinces of Quebec and 
 New York, while yet both British, was contemplated by the provisions of the Treaties above 
 cited, those parts being considered as already sufficiently ascertained ; but he asserted, that 
 in those parts alone, where the line had not been already marked, a new survey was in- 
 tended. The American Agent declared, at the same time, that if his view were not acqui- 
 esced in by the Commissioners, and if the question were still considered as unsettled, he 
 should in that case be compelled to require that the parallel of 45° north latitude should be 
 laid down according to what he termed the principles of "geocentric latitude;" as contra- 
 distinguished from the generally received, or " observed latitude."* 
 
 Thus the whole preceding part of the astronomical observations having been per- 
 formed according to the universally adopted rules of geographical latitude, the American 
 Agent threatened to require that it should all be executed over again according to a 
 scheme never heard of as applied to practical geography. 
 
 It may be sufficient to state cursorily in this place, that the practical effect of the 
 substitution of geocentric for observed latitude, as demanded by the American Agent, 
 would be to throw the parallel of 45° north latitude about thirteen miles farther to the north 
 than the true parallel. In proof of the accuracy of the above statement, we annex hereto £j pp ™2^ No 
 the account of this proceeding, such as it is stated in the Report of the British Commis- 
 sioner. 
 
 An explanatory letter, written by the British Astronomer, is also annexed, in order fpp en ^v Nn 
 to elucidate scientifically the question of geocentric latitude. 
 
 With regard to the argument adduced on the part of the United States in support of 
 the partial, instead of the total, rectification of the Boundary Line on the parallel of 45° 
 north latitude, which is asserted by them to have been intended by the Treaties, it will be 
 sufficient to observe, that however practicable the partial rectification of a Boundary Line 
 described in general terms may be, that of a Boundary Line traced along a parallel of lati- 
 
 * It is not a little singular, that the American Commissioner has not thought fit iu his Report to enter 
 upon the subject above discussed. 
 
 The contingent claim, however, to the adjustment of the Boundary Line in question, on the principles 
 of Geocentric Latitude, which was put forth, ex officio, by the American Agent, never having been disavowed, or 
 retracted, must be considered as still advanced, and in force. 
 
15° N. latitude. 
 
 40 
 
 Boundary Lino j Mf / e j s impossible. The rectification of such a line can be effected only by reducing all the 
 
 from the River r ' 
 
 5i?e"Rivcr S. t0 defective portions thereof into the line which forms the true parallel of latitude. If, there- 
 fhV^aMiw o? s fore, the parts already laid down are to be abided by, being defective, that rectification cannot 
 be effected so as to produce one continuous Boundary Line. The following illustration, 
 assisted by an inspection of the map, will put this matter in a clear light. 
 
 At the point at which the Line of Boundary along the parallel of 45° north latitude 
 sets out from the Connecticut River, the old parallel is erroneous. At St. Regis, on the St. 
 Lawrence, it is correct. If, therefore, these two parts of the line be prolonged indefinitely in 
 opposite directions, they can never meet ; and a chasm must exist between the two where 
 they ought to join. But in the Treaties there is no provision for filling up this chasm. They 
 simply provide for one continuous line ; consequently, if the American construction of the 
 intent of the Treaties were adopted, there would be no means of connecting some portions 
 of the line with the others, — the rectified with the unrectified ; and the general Line of Boun- 
 dary from the Connecticut to the St. Lawrence, instead of presenting one continuous line, 
 would be but a series of unconnected links of a chain, which, as far as existing Treaties are 
 concerned, must ever remain dissevered. 
 
 Upon all the grounds above stated, Great Britain founds her present claim relative to 
 this branch of difference between her and the United States, which is — 
 
 That the Line of Boundary along the parallel of 45° north latitude between the 
 River Connecticut and the St. Lawrence, be, as provided by Treaty, now surveyed and 
 marked out, and, having been so laid down afresh, that it henceforward form the true Boun- 
 dary Line between the British and American Possessions in that quarter. 
 
APPENDIX TO BRITISH STATEMENT. 
 
 TOPOGRAPHICAL EVIDENCE. 
 
 { 
 
 A. Official Map, entitled the Map A, annexed to the Convention of 23th September, 1827. 
 A a. British unofficial transcript of the said map A. 
 
 B. Mitchell's Map of North America, annexed to the Convention of 29th September, 1827. 
 
 C. Hale's Map of New England. 
 
 I). Atlas annexed to the Report of the British Commissioner, under the 5th article of the 
 Treaty of 24th December, 1814. 
 1. Mr. Johnson's North Line — 1. 
 2- Col. Bouchette's North Line — 1 . 
 '!. Mr. Johnson's North Line — 2. 
 4. Mr. Odell's North Line— 2. 
 
 Captain Partridge's Section of Madawaska River. 
 Ditto from Point Levi to Hallowell. 
 Ditto of the Grand Portage. 
 Ditto of Mars Hill. 
 
 6. > Ditto Survey of the Restook River. 
 
 7. Mr. Odell's Survey of the Restook, with a Sketch of the country, as viewed from Mars 
 Hill and the vicinity of Houlton. 
 
 8. Mr. Hunter's Survey of the Aliguash River. 
 
 9. Ditto Penobscot. 1st Part. 
 
 10. Ditto Penobscot. 2d Part. 
 
 11. Streams tributary to Connecticut River, by Mr. Burnham. 
 
 12. Map of Connecticut River, by Dr. Tiarks 
 
 13. Mr. Bumham's Survey of the Source of Beaver Stream. 
 
 14. Ditto Tuladi River. 
 
 15. Dr. Tiarks' Sources of Green and Tuladi Rivers. 
 
 16. Mr. Loring's Penobscot River. 
 
 17. Ditto Moose River. 
 
 18. Mr. Campbell's Sketch of the Height of Land annexed to Mr. Odell's Report of the 
 Survey of 1819. 
 
 19. Mr. Hunter's Survey of the river St. John. 
 
 20. Mr. Loss's Ditto Ditto 
 
 21. Mr. Partridge's Ditto Chaudière River. 
 
 22. Mr. Carlile's Ditto Ditto 
 
 23. Mr. Bumham's Ditto Ouelle. 
 
 24. Mr. Carlile's Ditto Ditto 
 
 25. Mr. Bumham's Ditto Du Loup. 
 
 26. Mr. Carlile's Ditto Ditto 
 
 27. Extract from Carngain's Map of New Hampshire. 
 
 28. Extract from Mitchell's Map. 
 
 29. Colonel Bouchette's Plan, shewing the different Lines considered as the Parallel of 45 
 Degrees, north Latitude. 
 
 !0. General corrected Copy from Mitchell's Map. 
 
 31. Greenleafs Map of the District of Maine. 
 
 32. Colonel Bouchette's Barometrical Section. 
 
 33. Mr. Collins' Plan of Line on the Latitude of 45 Degrees N , run between the Provinces 
 of Quebec and New York. 
 
 11 
 
WRITTEN AND PRINTED EVIDENCE. 
 
 1. Convention of 29th September, 1827, between Great Britain and the United States. 
 
 2. Treaty of 3d September, 17t!i>-, between Great Britain and the United States. 
 
 3. Treaty of '2Kb December, IS 14, between Great Britain and the United States. 
 
 4. Adolphus' History of the Reign of George 111. Chap. 43. 
 
 5. Grant of Nova Scotia by James I. to Sir VV. Alexander in 1621- 
 
 6. Extracts from Pownalls's Topographical Description of the middle British American Colonies. 
 
 7. Royal Proclamation of 1763. 
 
 8. Extracts from the "Secret Journals of the Acts and Proceedings of Congress, &c." published in 
 
 1821, under the direction of the President of the United States conformably to resolution of 
 Congress. 
 
 9. Calculation by Dr. Tiarks, the British Astronomer, of the loss which would accrue to Great 
 
 Biitain by the adoption of the Line of Boundary now claimed by the United States, as com- 
 pared with that original!)/ proposed by them in 1782. 
 
 10. Reports of the Surveyors and Astronomers under the 5th Article of the Treaty of Ghent. 
 
 11. Extracts from the reports of the British and American Commissioners respecting the line of 
 Highlands claimed by the United States as their Line of Boundary, and also relative to certain 
 propositions made on the part of Great Britain for a re-survey of some parts of the disputed 
 Territory and for taking the depositions, on oath, of the persons who were employed in 
 surveying that country, as to the accuracy of their respective Surveys. 
 
 12. Extract from a letter addressed by Mr. Gallatin, one of the Plenipotentiaries of the United 
 States for negociating the Treaty of Ghent, to the American Secretary of State, dated 
 Ghent, 25th December, 1814; extracted from some papers relative to that négociation sub- 
 mitted to Congress by the President of the United States, on the 2lst February, 1822. 
 
 13. Concession of the Fief of Madawaska to the Children of the Sieur de la Chenaye, 25th 
 November, 1683; and concession to the said Sieur de la Chenaye, and to the Sieur de Ville- 
 ray, of land lying between their former consessions, 5th April, 1689. 
 
 14. Adjudication of the Fiefs of reviere du Loup and Madawaska to Joseph Blondeau, dit la 
 Franchise, 29th October, 1709. 
 
 15. Act of " Foi et Hommage" by Joseph Blondeau for the Fiefs of Reviere du Loup and Mada- 
 waska, 13th February, 1723. 
 
 16. Aveu et Dénombrement by Joseph Blondeau, 15th February, 1723. 
 
 17. Adjudication of the Fiefs of Reviere du Loup and Madawaska, to Pierre Claverie, 29th 
 July, 1755. 
 
 18. 'Act of "Foi et Hommage" bv Pierre Claverie for the Fiefs of Riviere^lu Loup, and Madawas- 
 
 ka, 19th March, 1756. 
 
 19. Receipt for the Domanial Dues for the Fiefs of Riviere du Loup and Madawaska, 8th May. 
 1756. 
 
 20. Deed of Sale by J. A. N. Dandamme Dansville, and his wife, (the widow of Pierre Claverie,) 
 to James Murray, 20th July, 1763. 
 
 21. Deed of Assignment dated 2d August, 1768, by Richard Murray to Malcolm Fraser, of an In- 
 denture of Lease, dated 10th May, 1766, made by James Murray to the said Richard Murray 
 and Malcolm Fraser ; and an Indenture of Lease of the said General James Murray to 
 Henry Caldwell, dated 7th April, 1774. 
 
 22. Lease from Henry Caldwell, to Malcolm Fraser, 24th September, 1782. 
 
 23. Confirmation before a Notary, 27th December, 1786, of Lease from Henry Caldwell to 
 
 Malcolm Fraser, 24th September, 1782. 
 
 24. Deed of Sale, from the Trustees and Exscutors of James Murray, to Henry Caldwell, 21st 
 June, 1802. 
 
 25 Deed of sale by Henry Caldwell to Alexander Fraser, 2d August, 1802. 
 
 26. Indictment of Charles Nichau Noite, a native Indian, for a Murder committed at Madawaska, 
 in the. Court of King's Bench at Quebec, 2d November, 1784. 
 
 27. Extract from the minutes of the Executive Council of the Province of Quebec, relating to the 
 mode of executing Charles Nichau Noite, 3d November, 1784. 
 
 28. Extracts from the Quebec Gazette, viz: 
 
 1st. From the Gazette of ,0th November, 1791 ; of a Sheriff's Notice of the Sale of 
 Lands of Pierre Duperré. at Madawaska, at the suit of Anselme and Michael Robi- 
 chaud. 
 
 2d. From the Gazette of 24th of January, 1765; of a Notice from the Provincial Secretary's 
 Office, dated 19th January. 1765, forbidding the Canadian Inhabitants from interfering 
 with the Hunting Grounds of the Indians, damn to the Great Falls of the River St. John. 
 
43 
 
 3d. From the Gazette of 11th November, 1784; of the account of the execution oi 
 Charles Nichau Noite, the Indian condemned for a Murder at Madawaska. 
 
 29. Proceedings in the Court of Common Pleas at Quebec, commencing Nth September, 1789, 
 and ending 20th January, 1791. 
 
 30. Extract from the Minutes of the Executive Council of the Province of Quebec, relative to 
 the Tetnisquata Road, 7th July, 1785. 
 
 31. Extracts from the minutes of the Executive Council of the province of Quebec, 9th July, 
 
 1787. 
 32- Extract from the Minutes of the Executive Council of the Province of Quebec, 4th August, 
 1792. 
 
 33. Extract from a List of the Parishes in the Province of Quebec, contained in the minutes of 
 
 the Executive Council of that Province for the year 1791. 
 
 34. Report of Mr. Barrell (the special American Agent) relative to the settlement of Madawaska, 
 &c. communicated to Congress in a Message from the President of the United States, on 4th 
 March, 1828. 
 
 35. Grant to Joseph Muzeroll and forty-eight others, of Lands in the Madawaska Settlement, by 
 the Government of New Brunswick, dated 1st October, 1790. 
 
 36. Grant to Pierre Duperré, dated 11th June, 1790. 
 
 37. Grant to Joseph Souci and twenty-six others, dated 2d August, 1794. 
 
 38. Report of the trial of John Baker at the Bar of the Supreme Court of the Province of New 
 Brunswick, on Thursday, 8th May, 1828, for conspiracy. 
 
 39. Extracts from the Census of the United States, for the years 1810 and 1820, published by 
 authority of an Act of Congress. 
 
 40. Grant of Land to Dartmouth College. 
 
 4l Extract of the Report of the Commissioner of the United States, under the 5th Article of the 
 Treaty of December 24, 18 14, relative to the difference of opinion between him and the 
 American Agent, with regard to fixing the Boundary of the United States on Hall's or Indian 
 Stream. 
 
 42. Extracts from the Reports of the British and American Commissioners, under the 5th Arti- 
 cle of the Treaty of 24th December, 1814, relative to the Survey of the parallel of 45° north 
 latitude, from the River Connecticut to the River St. Lawrence. 
 
 43. Letter from Dr Tiarks in explanation of Geocentric Latitude. 
 
 44. Observations on the part of Great Britain, on the American separate Transcript of the map. 
 A, and on the engraved maps communicated as evidence on the part of the United States, 
 made in «onformity with the 4th Article of the Convention of the 29th September, 1887 
 
SECOND STATEMENT 
 
 ON THE PART OF 
 
 GREAT BRITAIN 
 
 ACCORDING TO THE PROVISIONS OF 
 
 WMM ®®$fWmM t W2®M' 
 
 CONCLUDED BETWEEN 
 
 <6reat Britain anl> fyt WLnittb States, 
 
 ON THE 29th SEPTEMBER, 1827, 
 
 FOR REGULATING THE 
 
 REFERENCE TO ARBITRATION 
 
 OF THE 
 
 DISPUTED POINTS OF BOUNDARY 
 
 UNDER THE 
 
 FIFTH ARTICLE OF THE TREATY OF GHENT 
 
SECOND BRITISH STATEMENT 
 
 Page. 
 1 
 
 1 
 
 CONTENTS. 
 
 INTRODUCTION 
 
 Occasion and object of this Second Statement .... 
 
 I. Point designated in the Treaties as the North-west Ancle of Nova Scotia, and 
 
 Line thence to the North-westernmost head of Connecticut river . 2 to 34 
 
 Circumstances to be borne in mind in coniidering the Treaty cf 1783 . . 3 
 
 Leading Principle of the Treaty of 1783 ...... 5 
 
 Negotiations which preceded the conclusion of the Treaty . . . 6 to 8 
 
 1. Instructions of the American Congress . . . . .6 
 — Declare no principle of Settlement as to the Boundaries . . .7 
 
 2. Report of Committee of American Congress . ... 7 
 
 3. Correspondence of American Plenipotentiaries . . .8 
 Notions entertained of disputed Territory in 1783 . . .9 
 Terms of the Treaty considered . . . . . . .10 
 
 Highlands . . ...... 11 
 
 Highlands dividing Rivers, and Rivers to be divided . . . .12 
 
 Meaning of term Atlantic Ocean ... 12 
 
 Bay of Fundy distinct from Atlantic Ocean . . . . .13 
 
 Gulf of St. Lawrence and Bay of Fundy not included in term Atlantic Ocean ; and 
 
 respective Rivers contradistinguished also . . , . .15 
 
 Boundary Line not to be carried to the North of the St. John . .16 
 
 Reasons for silence of Treaty on that point . . . . .18 
 
 Treaty sufficiently explicit as it is . . , . . .19 
 
 General belief of the existence of Highlands South of the St. John . 20 
 
 Actual existence of such Highlands . . . . . .21 
 
 Mars Hill ....... .22 
 
 Meaning under the Treaty of the term N. W. Angle of Nova Scotia . . 23 
 
 Its position no more known in 1783 than now . . . . .25 
 
 Spot claimed by the United States as the N. W. Angle of Nova Scotia, and Highlands 
 
 claimed by the same as their Northern Boundary . . . .26 
 
 Assertion of the United States that the ancient Provincial Boundary Line and the 
 
 Treaty Line are identical . . . . . . .28 
 
 Discussion on that Subject foreclosed by the Treaty . . . .28 
 
 Review of Documents brought forward by United States - . . .29 
 
 Map Evidence .......... 32 
 
 Possession ......... 32 
 
 Summary, ......... 33 
 
 II. North-westernmost Head of Connecticut River . . . 34 to 38 
 
 Terms " Head" and " Branch" confounded in American Argument . . 35 
 
 British Claim established ..*..• .37 
 
 III. Boundary Line from the Connecticut River to the River St. Lawrence, along 
 
 the 1'arallel of 458 North Latitude . . . , 38 to 41 
 
 Proceedings on old Line imperfect . . . . . .39 
 
 Intention of the Treaty of Ghent to substitute a correct Line of Boundary for the 
 Old one . ....... 40 
 
 Conclusion in favour of British Claim ..... 41 
 
SECOND BRITISH STATEMENT 
 
 INTRODUCTION. 
 
 In the Convention, by which His Britannic Majesty and The United States oi ^— "e 
 America agreed to refer to a final and conclusive Arbitration the disputed po.nts of the '|S- 
 Fifth Article of the Treaty of Ghent, it is stipulated that new and separate Statements oi 
 the two Cases, drawn up by the Parties, and mutually communicated by each to the 
 other, should be substituted for the reports of their respective Commissioner.. It was 
 further agreed that, after such communication, each Party should have the power oi 
 drawing up a second and definitive Statement in reply ; the second Statements to be. also 
 communicated by the two Parties to each other within a certain specified tune. The 
 former part of this twofold stipulation having been duly carried into effect, ,t now rests 
 with the Contracting Parties to avail themselves of the power reserved to them by the 
 
 latter clause^ ^ q{ ^ ^.^ Government> the es ercise of this power might, perhaps, 
 be waved without danger to the justice or success of their claim, estabhshed, as it is, on 
 the -round» set forth in their First Statement, and confirmed by the documents annexed 
 to it' Whatever research and ingenuity may have been employed in framing the argu- 
 ment of the United States, it is, doubtless, on the substantial merits of the case, examined 
 witn just discernment, that a decision will ultimately be made. But if e.ther Party, by 
 going anew over the points at issue with immediate reference to the arguments advanced 
 by the other, may hope to render the task of deciding less irksome to the Arbiter there 
 is at once a sufficient inducement, little short of positive obligation, to present a Second 
 Statement agreeably to the terms of the Convention. 
 
 This duty, it is obvious, may be performed on the part of Great Britain either by 
 following the American Statement, paragraph by paragraph, throughout its several dm- 
 .ions or by exhibiting a general succinct view of the British Case m its own natural 
 ZZ correcting, as it proceeds, the errors, and exposing, when requisite by particular 
 animation the fallacies, of the adve.se argument. Though somethmg rmght posstbly be 
 g P it po » of precision by adopting the more controversial form, there is httle doubt 
 that the latter mode of proceeding will be found more thoroughly m unison with that 
 p rit of equity and mutual forbearance, which influenced both Governments m conclud 
 n he Treat, of Ghent, and led them not only to anticipate some d.fterences m the 
 course of its execution, but to provide the most effectual means of settling such d.fferen- 
 ces, whenever they might arise, in a friendly and satisfactory manner. 
 
 B 
 

 It is not necessary, on this occasion, either to re-statc the points of difference, for 
 a just solution of which the Contracting Parties have agreed to resort to the Arbitration 
 of a friendly Sovereign, or to recapitulate the historical circumstances immediately con- 
 nected with the three Questions in dispute. Those Questions and those Circumstances, 
 
 istBrit.stit.pp. together with the passages of the Treaties immediately relating to the former, have already 
 found a suitable place in the opening pages of the First British Statement. The Com- 
 mercial Treaty of 1794, and the declaration of the Commissioners appointed under its 
 fifth Article to determine what River was the true St. Croix intended by Treaty, may also 
 be cited as affording some additional matter of reference. They are annexed to the 
 
 lvrit«n & Evi- American Statement, and the Arbiter will have an opportunity of observing, in the 4th 
 "and 5th Articles of the Commercial Treaty, how very erroneous an idea of the country 
 to be traversed by parts of the Boundary Line must have been entertained by the Nego- 
 tiators of 1783. 
 
 Three nuestiom Of the three questions referred to Arbitration the one, which stands first in the 
 
 referred to Arbi- * 
 
 Statements already communicated, is that which is principally characterized by its rela- 
 tion to the Western Boundary of the Province of Nova Scotia, since divided into Nova 
 Scotia and New Brunswick. There is no reason to depart from this order of arrange- 
 ment now. 
 
 'ration. 
 
 FIRST BRANCH OF DIFFERENCE. 
 
 First quutiou. It is justly observed in the opening of the American Argument, that those clauses 
 
 North-earn Boun- - , 
 
 e" states' 116 Uni '" second Article of the Treaty of 1783, which regard the Northern and Eastern 
 
 i.tAm.Stat Boundaries of The United States, must be brought together and connected in order to 
 afford a clear and exact view of the case submitted to Arbitration. The words of the 
 Treaty are these : " 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 fall 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 fall into the Atlantic Ocean from those which fall into the River *S7. 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 afore- 
 " said 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." It will be 
 remembered that the last clause of this extract refers to a preceding part of the same arti- 
 cle in which the Southern Boundary of The United States is described as following the 
 course of St. Mary's River to the Ocean. 
 
 Although the British and American Governments differ as to where the point of 
 departure for the northern Boundary of The United States, designated by the name of 
 the north-west angle of Nova Scotia, is to be placed according to the intention of the 
 App.i8tBrit. treaty; and although the conflicting claims involve a difference of 105 miles distance 
 mAm.s?at. on the due nor th Line, and of 10,705 scpuare miles in total extent, both Parties agree in 
 stating, that in order to determine the true situation of the above-mentioned point of de- 
 parture, the highlands intended by the Treaty must first be determined. The correctness of 
 
 * The references arc made to the British reprint of the fint American Statement. 
 
this opinion admits of no doubt. The Treaty stipulates that the eastern Boundary Line J, 8 .',"'' 1, Sl *'" 
 shall be drawn directly north to the highlands ; and that the northern Boundary shall extend 
 along the highlands from the point where the said north Line strikes them. Notwithstand- 
 ing a certain awkwardness in the construction, it may, on the whole, be presumed that the 
 Treaty contemplates the same highlands in the several clauses of the Article wherein that 
 term is used. The real question, therefore, which the Arbiter will have to decide, is 
 this : Along what highlands, touched by a line drawn due north from the source of the St. 
 Croix, is the northern Boundary of The United States to be carried, westward, to the north- 
 westernmost head of the Connecticut River? 
 
 However simple the form in which this question is stated, there would be no great Çircumsuncei 
 
 r ' ° ho borne in mind 
 
 candour in representing it as one of easy solution. The circumstances under which the JheT'Jaty'ô? 
 Treaty of 1783 was concluded, were such as to make it extremely probable that serious im 
 difficulties would arise in the course of its execution. The first object of the negotiation, 
 common to both Parlies, was peace ; the second was the establishment of peace on solid 
 and durable foundations. It was essential to the latter purpose that the Boundaries of 
 The United States should be explicitly and conclusively defined by mutual consent. By 
 waiting for all the topographical information necessary to give a detailed description of 
 the Boundaries, the negotiators would have exposed the whole work of pacification to the 
 most imminent risk. This cannot fail of striking every one who bears in mind the im- 
 mense extent of inland boundary claimed by the United States, as well on the side of the 
 British Provinces as on that of the western wilderness. A considerable portion of the 
 frontier territory was, at that time, altogether unknown, or, at best, very imperfectly ex- 
 plored. The framers of the Treaty were therefore reduced to the alternative either of 
 confining themselves to a general definition of the Boundary according to such notions as 
 they already possessed of the principal features of the country, or of abandoning every 
 uncertain and disputed part of it to subsequent negotiation. That the former course of 
 proceeding was ultimately preferred, notwithstanding the inconveniencies attached to it, 
 on distinct and delibeiate consideration, is evident from the recorded fact of the British 
 Plenipotentiary having rejected, after reference to his Government, the proposal of the 
 American negotiators to apply the principle of an indefinite postponement to a part of the i«« Brit. Stat, 
 frontier involving that which is immediately in question. The nearest practicable ap- 
 proach to settlement, preceded by a statement, as well in the Treaty itself as in its pre- 
 amble, of the wise and conciliatory foresight which influenced the Contracting Parties, 
 was naturally deemed more likely to promote a permanent good understanding between 
 them, than a mere agreement, tacit or expressed, to complete the definition of the Boun- 
 daries at some later eventual period. 
 
 The Treaty of Ghent appears to have been concluded under a like anxiety to pre- 
 vent or settle disputes arising out of the uncertain state of the Boundaries. How indeed 
 could it be otherwise with the experience which had been acquired after the peace of 
 1783, and convincing evidence of which exists in the 4th and 5th Articles of the Com- 
 mercial Treaty concluded in 1794 1 In the former of these Treaties it was presumed 
 that the River Mississippi would be intersected by a due west line drawn from the north- 
 westernmost point of the Lake of the Woods. The 4th Article of the latter is applied 
 to the correction of that error. In the same manner it was found necessary to appoint a 
 Commission for the purpose of determining which river was meant to be the St. Croix de- 
 signated in the Treaty of 1783, as forming part of the Eastern Boundary of The United 
 States. Other instances of the perplexity and ignorance which evidently prevailed to a 
 very late period respecting many parts of the frontier territory might be easily adduced. 
 But let it suffice for the present to observe, that if little was ascertained concerning the 
 sources and directions of rivers, which generally afford the earliest means of communica- 
 tion, and the most convenient places for settlement in newly occupied countries, how very 
 
4 
 
 much less was probably known of a hilly or mountainous tract, situated at a distance 
 from the sea, overgrown with forests, and intermingled with extensive morasses. 
 
 A moment's reflection on what precedes cannot fail of shewing how extremely 
 difficult, or rather how utterly impracticable it must have been for the Negotiators of 
 1783 to describe the Boundary throughout its whole extent in such terms as to leave no 
 room for hesitation or dispute in fixing its actual delimitation. It would surely be more 
 reasonable to wonder at the degree of success which has attended the labours of the Com- 
 missioners employed in that operation, than to be unprepared for some occasional incon- 
 sistency between the expressions of the Treaty and the localities of the country when 
 ascertained by regular surveys. 
 
 In no inquiry of this description can the ends of justice be attained, except by 
 looking steadily to the intentions of the Treaty, or, in other words, of those who framed 
 it. Few Treaties would afford occasions for dispute, none certainly for arbitration, if 
 the terms, in which they are expressed, could always be applied with clearness and cer- 
 tainty to the cases for which they were meant to provide. It is precisely the obscurity, 
 or contradiction of the terms, or a want of evident conformity between them and the 
 thing to be done, which is the frequent cause of difficulty in carrying Treaties into exe* 
 cution. This defect attaches more or less to all human agreements. In those which 
 subsist between Governments and Nations, separated from each other by distance, and 
 still more so by the difference of their views, circumstances and interests, there must 
 necessarily be greater room for its operation. From what special causes the Treaty of 
 1783 was peculiarly liable to this evil, in so far as respects the Boundaries of The United 
 States, it would be superfluous to repeat. The cogent evidence, however, which comes 
 in aid of the letter of the Treaty to indicate the real intention of the Parties, and to en- 
 force the adoption of a just decision, would leave as little reason to regret any want of 
 preciseness that might be found in its terms, as any such inaccuracy would itself be cal- 
 culated to create surprise under the known circumstances of the case. 
 
 But if it can be shewn that the terms of the Treaty, rightly understood, are not in 
 contradiction, either with the principal features of the country, as now ascertained, or 
 with the presumed intentions of the Parties, and, on the contrary, that they correspond, 
 to all declared intents and purposes, with the Boundary Line indicated by the present 
 British claim, such a concurrence, which could hardly have been reckoned upon with 
 entire confidence when the Treaty was signed, must surely be entitled to its full weight. 
 The conclusion to which it leads would be the more inevitable, when taken in connec- 
 tion with what has been proved in the former Statement ; namely, that the wording of 
 the Treaty, in one decisive particular,* was clearly and cautiously selected, with a view 
 
 1st Brit. Stat. p. •" r ' J . . 
 
 ■• *"=• to that very limitation for which Great Britain contends in support of her claim. Evi- 
 
 dence of this description leaves little or nothing to be desired. But, after all, the main 
 object of the Arbitration is to ascertain the real intention of the Parties to the Treaty, 
 and provided that object be attained according to the best available means of information, it 
 is of small comparative importance whether the spirit or the letter of the Treaty be found 
 most conducive to its accomplishment. One thing is certain: the letter is only of value 
 in proportion as it tends to the discovery or maintenance of the truth. Now, truth is by- 
 no means of a narrow or partial character. It cannot, indeed, be entirely severed from 
 the letter, but it is diffused through the context, and lives in the spirit of a Treaty. 
 Vattel has been cited in the former Statement to confirm the justness of this remark. 
 The same distinguished Author expresses himself as follows, in the 17th chapter of his 
 Second Book. " If it happens that the Contracting Parties have not made known their 
 
 * This refers to the term " Atlantic Ocean," used in the second Article of the Treaty of 1783, and further 
 rxplained in the course of the ensuing pages. 
 
 lsf Brit. Stat 
 p. 6. 
 
« will with sufficient clearness, and with all the necessary precision, it is certainly more 
 " conformable to equity, to seek for that will in the sense most favorable to equality and 
 " the common advantage, than to suppose it in the contrary sense." Thus it is, that the 
 authority of the most approved writers on the Law of Nations is found in strict accord 
 with the maxims of common sense and good faith. 
 
 The United States have, indeed, spared no effort to make out that the terms of the Leading piinci- 
 
 r pie of thoTremt 
 
 Treaty, taken in their obvious and literal sense, establish incontestably the line of boun- °r "». 
 dary claimed by them to the exclusion of every other. The truth of this assertion is 
 positively denied on the part of Great Britain. The words of the Treaty Article, taken 
 by themselves, lead to no such conclusion ; taken with reference to the Treaty at large, 
 they lead to a very different conclusion ; and taken with reference not only to the Trea- 
 ty, but also to the intentions of those who framed it, as further manifested by various 
 corroborating circumstances, they establish clearly and satisfactorily the justice of the 
 British claim. 
 
 Looking, first, to the Treaty itself, nothing can be clearer than the great govern- 
 ing principle upon which its provisions were founded. This principle is distinctly laid 
 down in the preamble of the Definitive Treaty concluded in 1783, and also in that of the 
 Preliminary Articles signed in the preceding year. " It is agreed," says the latter, " to 
 "form the Articles of the proposed Treaty on such principles of liberal equity and reciprocity, 
 " as that partial advantages (those seeds of discord) being excluded, such a beneficial and satis- 
 " factory intercourse between the two Countries may be established, as to promise and secure 
 " to both perpetual peace and harmony." In the Definitive Treaty it is declared to be the 
 intention of the Parties to establish their relations with each other " upon the ground of 
 " reciprocal advantages and mutual convenience," in such manner as to promote and secure 
 the same great object of perpetual harmony between both. In addition to these general 
 but forcible expressions, the Article immediately relating to Boundaries is prefaced by a 
 specific statement of the motive which induced the Parties to declare them by mutual 
 agreement, namely, "that all disputes which might arise in future on the subject of the Boun- : 
 " darks of the said United States may be prevented." No words could express more dis- 
 tinctly than these passages the desire of both Parties, not only to preclude the possibility 
 of future dispute by defining the Boundaries as positively as it was then practicable to de- 
 fine them, but also to settle them in such manner as would best consult the convenience 
 of each Party, and thereby conciliate the acknowledged rights and true interests of both. 
 It further results from an examination of the Treaty, that although the agree- 
 ment to define the Boundaries originated in the above-mentioned motives, the act of defini- 
 tion itself was peremptory, and purposely rendered independent of every principle or motive, 
 but the declared consent of the Parties. The first Article contains a recognition of the inde- 
 pendence of the Thirteen United States and of their territory. The second Article declares, 
 by mutual agreement, what the extent of the territory so recognized was meant to be. The 
 recognition and the declaration are two separate things. The Treaty being silent, it cannot 
 be presumed that they were intended to be strictly co-extensive, in the teeth of that uncer- 
 tainty which was known to hang over the conflicting claims of the two Countries with 
 respect to a considerable portion of the common frontier. 
 
 This peremptory definition of the Boundaries, it is also to be remembered, was ap- 
 plied exclusively to The United States. There is no question of the Boundary of the British 
 Colonies, except as a consequence of the settlement of The United States' Boundary 
 Wherever the States border on those Colonies, the same Boundary Line which limits the 
 one must necessarily limit the other also. The two Countries did not stand in correspond- 
 ing situations towards each other when the Treaty of 1783 was negotiated. Whatever 
 advantage might accrue to The United States from having their sovereignty recognized by 
 Great Britain, the validity of the British title to the remaining British Possessions could 
 derive no additional strength from being acknowledged by them 
 
6 
 
 intention of the Q n t ^ e w h le, then, it may be affirmed with confidence, that the intention of the 
 
 S**™- Treaty was, 
 
 1 ° To define exclusively the limits of The United States ; 
 
 2° To define them peremptorily ; 
 
 3° To define them with the view of preventing future disputes ; and, 
 
 4° To define them in such manner as to promote the " reciprocal advantage and 
 " mutual convenience" of both Countries. 
 Negotiation The next field of inquiry is the negotiation which preceded the conclusion of the 
 
 which preceded ...,.« j r i_ 
 
 the conclusion of Treaty. But in making any inquiry into the imperfect records oi that event, care must be 
 
 "f the Treaty. * 
 
 taken to guard equally against partiality, and needless discussion. The last of these dangers 
 may be avoided by appealing only to such documents, relative to the Treaty, as proceeded 
 either from the negotiators themselves, or from the authorities, under whose instructions 
 they acted. The former is little to be apprehended on the side of Great Britain, if the 
 
 ist But stat documents referred to, instead of being British, or even common to both parties, are entirely 
 
 Anp.'to'do. and exclusively American. Sufficient materials, even on this limited plan, are to be found 
 
 P . et seq. ^ t ^ e p; rst statement and its Appendix. 
 
 First, the in- The instructions framed in 1779 by the Congress of The United States, preparatory 
 
 structions of the r r J 
 
 ^™ 8 ' ica ° Co " to a negotiation for peace, contain the same Article respecting Boundaries which, with some 
 important modifications, was afterwards transferred to the Treaty. The changes introduced 
 into the Article relate to two portions of the Boundary : 1° That part of the Northern 
 Boundary which extends from where the parallel of 45° North Latitude intersects the River 
 St. Lawrence to the Mississippi ; 2°. The Eastern and adjoining part of the Northern 
 Boundary of The United States.* 
 
 The first of these amendments has had the effect of substituting for the Line pro- 
 posed by the United States from Lake Nepissim to the Mississippi another line passing very 
 considerably to the South, through the great chain of North American Lakes. In virtue of 
 the second, the River St. Croix is made to constitute the eastern boundary of The United 
 States, instead of the River St. John, which had been proposed by the American Congress ; 
 and certain highlands are substituted for that part of the River St. John, which would have 
 formed a boundary on the north ; a definition of what was to be understood by " the North 
 " West Angle of Nova Scotia," having been at the same time inserted in the same Article 
 of the Treaty. It is further to be observed, that such latitude as had been given by the in- 
 struction itself to the American Commissioners was subjected to certain specified restric- 
 tions, and that in both the cases above mentioned these restrictions, as well as the original 
 proposals, were set aside in the course of the negotiation. With respect to the latter, the 
 American Negotiators, in case of not being able to obtain the River St. John for an eastern 
 boundary, were " empowered to agree that the same should be afterwards adjusted by Com- 
 staT.' p'V' 1 ' " missioncrs to be duly appointed for that purpose." It is needless to repeat the words of the 
 Treaty already cited to prove that neither of these two proposals, the original or the substi- 
 tuted, was accepted ; but on the contrary, that a more westerly river than the St. John, 
 and one which had consequently the effect of contracting the territory to be defined on that 
 side, was ultimately agreed upon, and so consigned to the Treaty. 
 
 The mere exposition of these facts is sufficient to establish that, whatever may have 
 been the principle upon which The United States thought fit to ground their pretensions, the 
 proposals emanating from it were evidently not satisfactory to the British Government, and 
 that the principle itself was so little capable of bearing them out, that it became indispensa- 
 ble to admit a new arrangement of the Boundaries, which could not possibly repose on the 
 same principle. 
 
 * Although, in the instruction addressed by the American Congress to their Commissioners, the proposal 
 of the River St. John is expressed only with reference to the east boundary, it is, nevertheless, manifest that, 
 owing to the bend of that River tg the westward, it would, in point of fact, constitute a considerable part of the 
 northern boundary «ho 
 
It is observable, indeed, that the American Instructions declare no principle of T1 
 
 Settlement with respect to the Boundaries. To say that " the Boundaries of these States Ent «%<■ 
 "are as follows" is the assertion of a fact, not the declaration of a principle. Supposing 
 the proposition contained In these words of the instruction to be true, it may have been true 
 on the principle of possession, or on that of right derived from any one of several dis- 
 tinct sources, or from all. It may have been a right of the United States, taken severally, 
 or of the same States constituting one political Body. The only part of the instruction 
 relating to Boundaries, which even hints at a principle, is that incidental clause wherein a 
 substitution for the proposed eastern boundary is placed eventually at the discretion of the App ]stBm 
 American Minister. Speaking of the appointment of Commissioners as conditionally sug- 8tat - p 3 
 gested, the clause in question runs thus : " According to such Line as shall be by them settled 
 "and agreed on as the Boundary between that part of the State of Massachusetts Bay, for- 
 "merly called the Province of Maine, and the Colony of Nova Scotia, agreeably to their App lil ^"'- 
 "respective rights." But this proposal having been rejected by the British Government, and 
 a new arrangement substituted authoritatively in the Treaty for the original proposal which 
 preceded it, there is no ground whatever for concluding that the Treaty stipulation, as it now 
 stands, was, in any degree, connected with that principle. The presumption is, indeed, 
 entirely the other way. In giving a discretionary power to their Minister on the two points 
 before-mentioned, The United States express themselves as follows : " Notwillistanding the 
 " clear right of these States," (viz. to the set of boundaries first proposed) " and the im- aw 
 "portance of the object, yet they are so much infitienced by the dictates of religion and 
 "humanity, $-c. that you arc hereby empoicered to agree to some other Line, <£-c." That is 
 to say, the "clear right" of the United States was eventually to be given up from general 
 motives of "humanity" to the objections, as such, of their adversary; not, observe, to any 
 convincing proofs which that adversary might furnish of his superior title to parts of the 
 frontier territory, but to his determination rather to carry on the war, than to sign a 
 peace in strict conformity with the pretensions of The United States. Such forbearance is 
 worthy of the highest praise on grounds of "religion and humanity ;" but it is anything 
 rather than evidence that the Boundaries, as ultimately agreed upon, were regulated by a 
 fixed acknowledged principle of right. 
 
 Another document calculated to throw light on the present inquiry, is one of infe- Secondlyi Eopor , 
 rior authority, but not without interest, as having been composed under the sanction of the °he°Anw/kan ° 
 American Congress in 1781, and exhibiting the notions, which then doubtless prevailed in ms "* 
 that Assembly, concerning the territorial rights of The United States. An attentive perusal 
 of the Extracts of this Report annexed to the First British Statement can hardly fail to £»■ p% Bri ' 
 suggest the following conclusions: — 1°. That although The United States may not have 
 thought it prudent 'to ground their territorial claims upon any distinct principle in the instruc- 
 tion prepared for their Plenipotentiary, they well knew that their only plausible title was 
 that derived under their charters as British Colonies, modified by subsequent Acts of the 
 Government. 2°. That, although they deemed the justice of their claims too manifest to 
 require the exhibition of any direct proofs, they, nevertheless, anticipated opposition from 
 Great Britain to their proposal respecting the north-eastern Boundary, and perhaps even 
 the assertion of a counter-claim, as far west as the River Penobscot or the Kennebec. 3°. 
 That with reference to the limits of the Sagadahock Territory, they felt the necessity of 
 urging probabilities, " because in the early possession of a rough unreclaimed country, accu- Ibidj p . 42 
 " racy of Lines can not be much attended to." 4°. That it was their " wish" to have the 
 "north-eastern Boundary of Massachustts left to future discussion." 
 
 There is no necessity for going into any length of reasoning on these conclusions. 
 It is sufficient to consign them here for eventual reference in future stages of the argument. 
 To one point, however, it may be well to direct immediate attention, namely, the "wish" 
 expressed by the American Congress that the north-eastern Boundary of Massachusetts should 
 
be reserved for future discussion. Some of the circumstances under which that wish was 
 entertained may be easily collected from the documents already referred to. 
 
 It appears, in the first place, that The United States were then actually in possession 
 of "Grants, Charters, Royal Commissions and Indian Cessions," sufficient in their opinion 
 to prove the «clearness" of their " right." It also appears that the channel of the River 
 St. John, such as it was afterwards proposed in negotiation as their north-eastern Boundary, 
 was comprehended in that right ; that the independent sovereignty of The United States, so 
 closely connected with their territorial right, remained to be established ; and that its estab- 
 lishment in virtue of the formal recognition of Great Britain was the main object, to which 
 they were looking with eagerness as the crown and consummation of their struggle. 
 
 The approximation of these circumstances is by no means unimportant. It was 
 natural to inquire why there should have been any wish on the part of The United States to 
 leave their north-eastern Boundary unsettled in the Treaty of Peace, which was to settle 
 all other parts of the Boundary, when they were already possessed of such convincing 
 proofs of the "clearness" of their "right'?" The answer is now obvious. The American 
 Congress, besides wishing earnestly for Peace, did not overlook the advantage with which 
 they might hope to maintain their pretension in its utmost extent after the recognition of 
 their independence should have been placed by an act of solemn ratification beyond the 
 reach and option of Great Britain It might be difficult to prove that the same reason was 
 among the motives which induced the British Government to insist upon defining the whole 
 Boundary Line in one and the same Treaty ; but it is at least evident, in point of fact, that 
 Great Britain could not have acted more strictly in accordance with that supposition than 
 she did; and that the agreement ultimately consigned to the Treaty bore every appearance 
 of proving an effectual safeguard against future dispute or encroachment. 
 Thirdly, Cotres- The correspondence of the American Plenipotentiaries, and the evidence which 
 
 Smdricwi weni." they subsequently gave on oath before the Commissioners appointed under the Treaty of 
 
 poteotiaries. - rt r»* n n r i ' i » 
 
 1794 to ascertain the true River St. Croix, also present and confirm facts which it is 
 material to bear in mind. The letters and evidence in question are so particularly noticed 
 p!'i5»t eoq" an< ^ explained in the First Statement, that it is sufficient to refer to them here as furnishing 
 the data which follow. 
 
 I e . The proposals made to the British Plenipotentiary, in the Negotiations of 1783, 
 were in substance precisely the same as those which appear in the instructions drawn up by the 
 American Congress in 1779, and to which the approved Report of their Committee, in 
 1782, refers. 
 
 2°. These proposals, on their being sent to London by Mr. Oswald, were rejected 
 by the British Government. 
 
 3°. The American Negotiators, after some difference of opinion, agreed amongst 
 themselves to regulate their demand by the Charter of Massachusetts Bay. 
 
 4°. Between the rejection of the first American proposals, and the adoption of 
 the Article, which now stands in the Treaty, much strenuous contestation took place 
 respecting the Boundaries, the British Negotiators demanding successively to the Ken- 
 nebec, to the Penobscot, and to the St. Croix. 
 
 5°. No mention is made of any principle agreed upon by both Parties as the basis 
 on which the conflicting territorial claims were to be adjusted. 
 ist Am», sut. The American Statement, which perfectly coincides with the first four clauses of 
 
 this exposition "clearly infers" that "the confirmation of the Boundary Line between 
 "the Province of Massachusetts and the other British Provinces, as it existed prior to 
 "hostilities, was adopted as the basis of that part of the Treaty." It has already been 
 shewn that this is a forced and unwarranted inference. The British Government had 
 rejected the Boundary of the River St. John, proposed of right by The United States, 
 and had also rejected the proposal of reserving the disputed Boundary for settlement on 
 
 p. if. 
 
the basis of the Colonial rights. The American Statement infers, nevertheless, from tin 
 mere fact of the subsequent agreement, as consigned to the Treaty, that Great Britain, in 
 refusing the postponement of the question, had accepted the sort of half expressed principle 
 with which it was mixed up. Surely, this is equivalent to saying that the refusal of the 
 whole implies the acceptance of a part. 
 
 Enough has been stated to establish that what was laid down in the outset of this G( , neril , r(!!ra ] ta0 , 
 inauirv as the ereneral intention of the Treaty of 1783, resulting from an examination of the h^w^u'to tin 
 
 t J ...... principle ol the 
 
 preliminary expressions employed therein, is fully borne out by such additional intormation ^eatydecmoa 
 of an authentic kind, as can now be obtained respecting the negotiations, either during their d « ies - 
 progress or immediately prior to their commencement. The instructions and correspon- 
 dence of the American Negotiators coincide with the Treaty itself, in showing, that notwith- 
 standing the conviction professed by The United States of the " clearness" of their " right," 
 a great degree of uncertainty prevailed on both sides respecting the claims of either Party 
 to the Territory in dispute, and that it was ultimately found best to cut the knot by a per- 
 emptory decision, resting on no principle but that of mutual consent and the obvious utility 
 of removing any immediate causes of disagreement and collision from the intercourse of the 
 two Countries. 
 
 Having thus endeavored to form, on grounds already explained, a distinct and correct JtoîS'rfthî'àta 
 conception of what the framers of the Treaty had generally in view when they defined '"km.""" 
 the Boundaries, in the absence of any settled line then existing between Massachusetts and 
 the adjoining British Provinces, it may considerably advance the argument to know what 
 notions were at that time entertained of the country, to which both Parties asserted a claim. 
 No very detailed or perfect information can be expected to result from such an inquiry. 
 The opinion of the American Congress has just been cited to the effect that " probabilities" 
 only can be " urged" with respect to a " rough unreclaimed country." Some knowledge, 
 however, though In many respects limited and inaccurate, must surely have existed of a 
 region not wholly destitute of settlers, which had been traversed not long before by a body 
 of Troops, and previously investigated by an Officer in the public employment, and of which 
 several maps exhibiting the supposed courses of the principal rivers and the general outline 
 of the coast and bays had been published. That knowledge, whatever may have been its 
 decree, must surely have reached the Negotiators of the Treaty ; and there can be little 
 doubt that in describing the Boundaries of The United States, they were more or less 
 n-uided bv its influence. The extracts from Pownall's topography, annexed to the First a pp . 1st Brit. 
 
 ° ,. ,.,.., ... Stat p. 33, arm 
 
 British Statement throw a strong light on this part of the inquiry, and serve to bring into one Pownairs To 
 point of view what was known, and what was not known, respecting the high ranges of land 
 from which the principal rivers, to the east of Lake Champlain (falling, according to his 
 threefold division, either into the St. Lawrence, or into the Ocean, or into the Bay oj Fundy) 
 derive their head waters. 
 
 First, there is a range running in a north-easterly direction from the source of the 
 Connecticut River, forming " the height of land between Kennebaig and Chaudière Rivers." 
 Secondly, there is the range, also termed " Height of Land," in which are situated 
 " all the heads of Kennebaig, Penobscaig, and Passamaquoda Rivers." This Height of 
 Land runs " east north-east," and is rather a prolongation of the former range than a sepa- 
 rate one. 
 
 Thirdly, the tract of Country lying between this " Height of Land" and the St 
 Lawrence, is described as fifty miles in breadth, offering " a difficult and very laborious 
 " route," and one only practicable for Troops, when unaccompanied with artillery and 
 heavy baggage. 
 
 It must be added, that with the exception of the head waters of the River Connec- 
 ticut, which had been recently ascertained by an actual survey, the latitudes of the rivers at 
 their respective sources appear to have heen laid down with no great precision. Mr. Pow- 
 
 D 
 
10 
 
 nail says, however, that on taking possession of the Penobscaig Country, he had " all the 
 " eastern branches of this river traced to their sources, and the communications between them 
 " and the waters of Penobscaig scrutinized by constant scouting parties." 
 mpTy°p S i7 0p,>g * Speaking of the whole range of highlands at the head of the Atlantic Rivers nearest 
 
 to the Connecticut, the Author observes as follows : " Between this high mountainous tract 
 " and the Ocean, both in its northern and its eastern range, there is a Piedmont of irregu- 
 " larly broken hilly land. Of that, in the eastern parts of New England, especially east of 
 " Penobscaig, I can say nothing with accuracy, and will therefore say nothing at all." 
 
 This, it must be allowed, is the language of an Author scrupulously attached to 
 truth ; and, on the whole, it may be inferred with safety from his work, that all the Rivers 
 flowing into the Atlantic between the Connecticut and the St. Croix were either known or 
 supposed to have their head waters in a range of highlands, or mountainous tract, stretching 
 eastward with a strong northerly inclination ; and that less was known of the range in pro- 
 portion as it extended towards Nova Scotia. 
 
 It is hardly conceivable that such a work as Mr. Pownall's should have been unknown 
 to the persons who negotiated the Treaties of 1782-3, nor is it at all likely that much had 
 been added to the topographical accounts of New England and the adjoining districts, be- 
 tween the period of its publication in 1 776, and the conclusion of the Preliminary Articles 
 of Peace. 
 Proclamation of At an earlier period than either of those the Royal Proclamation of 1763, which is 
 
 App 1st Brit, referred to in both the Statements already communicated, makes mention of " highlands 
 
 Stat p 34. * ° 
 
 r"p.*°md'*6 " which divide the Rivers that empty themselves into the River St. Lawrence, from those 
 " which fall into the Sea." But the terms in which it is drawn up are too general to throw 
 any additional light on this part of the subject. The utter impossibility, which is now known 
 to exist, of joining the two extremities of the Line therein described as passing " along the 
 " highlands," and also " along the north Coast of the Bay des Chaleurs," and a similar in- 
 consistency which had been previously discovered and imperfectly remedied in another part 
 of the same boundary line, by the description of that line in its counterpart the Quebec Act, 
 render that document as well as the latter wholly inapplicable, for any geographical purposes, 
 to the present question.* 
 
 Term» of the It is now time to consider the particular expressions of the Treaty in which the 
 
 rea j a er. j;gj cu j t i es f tn j s Question are involved, and it may be hoped that the preceding inquiries 
 and remarks will contribute effectually to their solution. The precise words of the 
 second Article are these, " From the north-west angle of Nova Scotia, viz. thut angle 
 t: which is formed by a line drawn due north from the source of St. Croix River to the High- 
 " lands, 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." 
 
 This passage declares that the " north-west angle of Nova Scotia'" was to be the 
 point of departure for the Boundary line of The United States. What does the north- 
 west angle of Nova Scotia mean ? The words which follow in the Treaty explain its 
 » signification : " That angle which is formed by a line drawn due north from the source of St. 
 " Croix River to the highlands." This definition, which was not in the Article as first 
 proposed by The United States, and which was, therefore, in all probability, made ne- 
 cessary by some subsequent consideration, evidently comprehends two lines : the one, 
 artificial, viz : a due north line drawn from the source of the River St. Croix ; the other, 
 a natural line, formed by one of the most striking features of the country, that is to say, 
 the " Highlands." The former of these Lines having been sufficiently ascertained for 
 
 * For a further explanation of thi«, tee page 30. 
 
11 
 
 the purposes of this investigation,* the first object of the present inquiry is to fix the proper 
 sense of the term " Highlands" as intended by the Treaty. 
 
 It cannot be denied, with any appearance of reason, that in common usage the nigwanj» 
 word " Highlands" suggests the idea of a mountainous tract or range of conspicuous ele- 
 vations. Such is the idea we naturally convey in speaking of the Highlands of Scotland 
 or of those of the Hudson River. By the word Highlander is meant, in general, a Moun- 
 taineer. 
 
 That a tract or range of high broken land, rising occasionally into eminences seen 
 from a distance along the horison, was in part known and in part believed to exist along the 
 heads of all those Rivers which water the eastern parts of New England from the Connec- 
 ticut to the Penobscot, and so on, has been shewn satisfactorily in the former Statement. 
 The passages which have been quoted in this from Pownall's "Topographical Description" l f %*" 1 Sl 
 confirm the justness of that impression. 
 
 The very manner in which the term " Highlands" is first used in the Treaty is not 
 indifferent as to the intention of the Negotiators in selecting a word, which was not neces- 
 sary to the expression of their idea, when divested of all reference to visible elevation. 
 The term "Height of Land" was well known in America, and frequently used in works, 
 with which the Negotiators of the Treaty cannot be supposed to have been unacquainted, 
 to express any land immediately separating head waters falling off on each side in opposite 
 directions. We are not then at liberty to divest the word actually chosen by the Negotia- 
 tors of its own proper signification, especially as it is used, in the jirst instance, without 
 any epithet or qualification whatever calculated to change or modify the impression, which, 
 taken alone, and by itself, it cannot fail to convey. The words of the definition, as quoted 
 above from the Treaty, are "from the source of St. Croix River to the Highlands;" — to 
 the Highlands positively, and without any addition. It is not till the ensuing clause, where 
 the same word is used again, not, as before, for the purpose of laying down the point of 
 departure of the northern Boundary Line, but in order to indicate the direction which it 
 was to take on leaving the point so laid down, that the Highlands are designated with refer- 
 ence to certain Rivers divided by them. 
 
 Enouarh having been said on this part of the subject in the first Statement, it is not lit Brit. Stat. 
 
 .... P- 24 i et 8e 1 
 
 intended, by adverting to it here, to call in question the indissoluble connection subsisting 
 under the Treaty between the Highlands and the Rivers, but merely to enforce and keep in 
 view the propriety of not entirely changing the natural character and signification of so 
 prominent a term of the Treaty on the very inadequate and erroneous grounds advanced 
 in the American Statement. 
 
 Even on Mitchell's map, to which the American Statement refers for evidence that i» 1 A m S " L '- 
 
 p. 6. 
 
 the Negotiators of 1783 looked exclusively to the rivers and water courses of the couutry, 
 there are traces of its having been thought at that time that elevated tracts or ranges of 
 high land, more or less marked with conspicuous eminences, lay generally to the north of 
 the Rivers falling into the Atlantic Ocean. On comparing that part of Mitchell's map with 
 other parts which represent the known mountainous regions, such, for instance, as New 
 Hampshire, but little difference is perceptible in those graduated marks which are there 
 used, as in other maps, to indicate hills or mountains. The American Statement, itself, I" a*" 1 ' p, ° 
 does not entirely discard the idea of visible elevation from the term " highland," since it 
 accounts for the application of that term to the dividing lands designated in the Proclamation 
 of 1 763, by supposing that the early navigators of the River St. Lawrence observed certain 
 
 * An exploring line only, run by the compass, with occasional allowances for the variation of the need]» 
 has been traced from the source of the St. Croix due north. 
 
 I 
 
12 
 
 mountainous appearances in that direction, and gave the name of highlands to the region 
 which they have thus gratuitously the credit of having described as they sailed along the 
 
 channel of the River. 
 Highlands divid- There is no doubt, however, that, in fixing the true sense of the Treaty, the terra 
 
 ing Rivers. , . , , _, . , _, 
 
 "highlands" must be taken in connection with the words " dividing Rivers, which immedi- 
 ately follow it in every instance but the first. These words themselves must not be detached 
 from the remainder of that clause, which goes on to specify the particular Rivers divided 
 by the highlands in question, namely, " those that empty themselves into the River St. Law- 
 rence," and those "which fall into the Atlantic Ocean." It thus becomes necessary to 
 ascertain what Rivers are meant by the Treaty, in order to settle, with the requisite degree 
 of clearness, along what Highlands, or parts of the Highlands, the Boundary Line is to be 
 drawn. 
 whatRivejsto There would be less difficulty in deciding this question if all the waters of the dis- 
 
 be divided. J ' 
 
 puted Territory came within one or other of the two classes specified above. But there 
 are other Rivers in that part of the Country, and these Rivers fall neither into the River St. 
 Lawrence nor into the Ocean, but into the Gulf of St. Lawrence, (or, more properly into 
 the Bay of Chaleurs,) and the Bay of Fundy. 
 ut. Am. smt. pp. The American Statement affirms that "the Treaty recognizes but two classes of 
 
 " Rivers," and, therefore, infers " 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." The assertion 
 and the inference must alike be met by a positive contradiction. It is true that the Treaty 
 only names two distinct classes of Rivers in the clause under consideration ; but the same 
 Treaty affords abundant evidence that other Rivers, separate and excepted from the two 
 classes, thus specifically named, were also in the contemplation of those who carried on 
 the Negotiations ; and the very same clause of the Treaty contains an express limitation, 
 which was evidently used on purpose to preclude the chances of misconstruction incident 
 to a less cautious wording of the Article, and which, if that had not been the case, it is very 
 difficult to believe that the American Negotiators would have retained or admitted. 
 true meaning of The Article respecting Boundaries originated, as it has been stated, with the Amcr- 
 
 lic oc'oan." "" ican Congress. Notwithstanding the alterations which it underwent in the course of Nego- 
 tiation, the term "Atlantic Ocean," as applied to the Rivers contradistinguished from those 
 which fall into the River St. Lawrence, remained in that Article. But although the two 
 words remained, the proposition with which they were immediately connected had experi- 
 enced an essential change. By the Treaty Article, the eastern Boundary of the United 
 States is made to pass along the River St. Croix. According to the Article originally drawn 
 up by the American Congress, and subsequently proposed by their Plenipotentiaries to that of 
 Great Britain, the River St. John, from its source to its mouth, was to have occupied in 
 the Treaty the place of the St. Croix. The result of carrying such a proposal into effect, 
 would have been that the Highlands along which the Boundary Line was to pass, would 
 have commenced near the head waters of the Penobscot, and as the line was to be carried 
 westward, along those parts of t'.ie highlands which immediately divide the head waters of 
 the Penobscot and Kennebec, both strictly Atlantic Rivers, from those of the Chaudière, 
 there was an evident and special propriety in employing the more limited term, applied, as it 
 then was, exclusively to rivers falling into the Atlantic Ocean. There is the more reason 
 to believe that the adoption of this term is solely attributable to the position of the spot 
 where the Highland Boundary was to begin, since it was substituted for the more compre- 
 hensive word " Sea," which appears in the corresponding part of the Proclamation of 
 1763, whence the Congress of The United States had, doubtless, borrowed the substance 
 of many parts of their proposed Article. 
 
13 
 
 The American Statement denies that there is any difference, on which to found the ut *"• Sl *' 
 distinction maintained by Great Britain between the terms " Sea" and " Atlantic Ocean." 
 The Proclamation itself is there appealed to in proof that they were synonimous. But in 
 those parts of the Proclamation in which Boundaries are denned, and which were conse- 
 quently drawn up with a closer attention to the expression, the Atlantic is manifestly used in 
 its limited and more appropriate sense, as contradistinguished from the Gulfs with which it 
 communicates. Referring to the Government of East Florida, the Proclamation limits it 
 by the course of the River St. Mary's to the « Atlantic Ocean," and " to the east and south 
 " by the Atlantic Ocean and the Gulf of Florida." 
 
 In that part of the same Proclamation, which has been quoted on behalf of The 
 United States to prove the synonimous usage of the two terms, there is evidence, derived 
 from the context, to shew a total want of analogy between the respective cases. The 
 Proclamation speaks of " Territories lying to the westward of the sources of the Rivers 
 " which fall into the Sea from the west and north-west, as aforesaid." The corresponding 
 passage, which is here referred to by the word " aforesaid," runs as follows " for lands 
 " beyond the heads or sources of any of the Rivers which fall into the Atlantic Ocean from 
 " the west or north-west."* These clauses of the Proclamation are certainly not to be 
 applied to the Rivers of New England and Nova Scotia, but to those south-west of them, 
 emptying into the Atlantic Ocean, beyond and to the westward of whose sources lay that 
 extensive territory which still retains, in a great measure, the name of the Western Wilder- 
 ness, bounded by the River Mississippi, which, at the date of the Proclamation, was the 
 western limit of the then British Provinces. The relative position of the lands mentioned in 
 the Proclamation, with respect to the rivers described by that document, as coming from the 
 west and north-west, is regulated by the term westward ; and, consequently, if any rivers 
 could be proved to discharge into the Gulf of Mexico from the west or north-west, which is 
 not strictly the case, still such rivers could not have been contemplated in the Proclamation, 
 as the lands in question would be eastward, and not westward, of such rivers. This being 
 the case, it is evident that, in the first of the two clauses cited above, the term " Atlantic 
 Ocean" is used with strict propriety in the limited sense of the word, as referring to those 
 Rivers which discharge their waters from the west or north-west immediately into the At- 
 lantic, and that in the second clause the word " Sea" is used in place of Atlantic Ocean, 
 not as strictly synonimous with it, but as embracing the Rivers in question, though not ex- 
 cluding or taking notice of any others. A cursory comparison of the two clauses will 
 suffice to shew that they were not intended to be strictly identical as to the words, but only of 
 similar force and purport ; which was all that the occasion required. 
 
 To return to the Article of the Treaty : — Nothing can be more clear or positive, than Atlantic o«mn 
 the distinction therein established between the Atlantic Ocean and the Bay of Fundy. The d» d t "K emiu™" 
 incontrovertible grounds on which this distinction rests, are so fully set forth in the First i.-t Brit. st»t'. 
 
 , p. W et ,eq. 
 
 British Statement, that it cannot be necessary to go again over them here. Maps, Procla- a pp- l3t „? rit - 
 
 r Stat, p. 35. 
 
 mations and Treaties, all concur in giving a distinctive and special appellation, as well to the 
 Bay of Fundy as to the Gulf of St. Lawrence. The line of separation between this Gulf 
 and the River of the same name is established by the Royal Proclamation of 1763. The 
 
 _, .„...., I» 1 Am. Sl«t. 
 
 American Statement appeals to the Proclamation as furnishing proof of the limits thereby p- a - 
 assigned to the River's mouth. By similar authority it is that the limits of the Bay of Fundy, 
 as separated from the Atlantic Ocean, have been established. The Charter of James I. to App . Ul Br it. 
 Sir William Alexander, in 1621, describes the Boundary of Nova Scotia as beginning at " ' p 
 Cape Sable, and after extending thence to St. Mary's Bay, crossing by a direct line the en- 
 trance of the Gulf to the St. Croix River. In the Commission of Mr. Montague Wilmot, whuto lîf" 
 Governor of Nova Scotia, in 1768, the Boundary Line is described as passing "across the 
 
 See Appendix, No. 5. 
 
 E 
 
14 
 
 " entrance of the Bay of Fundy from Cape Sable to the mouth of the River St. Croix.' ? 
 Again, the mouth of the River St. Croix is declared by the Treaty of 1 783 to be " in the 
 
 ibia Nc. 3. Bay of Fundy ;" the Commissioners under the Fifth Article of the Treaty of 1794, decided 
 that the mouth of the River was at a point in " Passamaquoddy Bay ;" and the Treaty of 
 Ghent declares the " Bay of Passamaquoddy to be part of the Bay of Fundy." 
 
 In all these Documents the limits of the Bay of Fundy are substantially the same, 
 and quite conformable to the geographical character of the place. The position and limits 
 of the Bay of Fundy being thus clear, and the contradistinction between that Bay and the 
 Atlantic Ocean being equally so in the Treaty, when speaking of the Sea Coast, it follows 
 beyond controversy, that according to the meaning of the Treaty, in this part of it, the 
 Atlantic Ocean begins only where the Bay of Fundy ends, and that the Framers of the 
 Treaty, when thus using the term Atlantic Ocean, had in view that part of the Sea, which 
 lies westward of the mouth of the Bay of Fundy. The American Statement must, therefore 
 of necessity, err, when interpreting the Treaty in such manner as to suppose the Bay of 
 Fundy included in the term Atlantic Ocean, as a general appellation applied to the Sea 
 Coast. The Framers of the Treaty, when describing St. Mary's River as going " down to 
 " the Atlantic Ocean," and the River St. Croix as having its mouth in the Bay of Fundy, 
 had, no doubt, particularly in view the Coast of the Atlantic Ocean, which terminates at the 
 Bay of Fundy, where the name of that Bay begins to have its appropriate and exclusive ap- 
 plication. And this being the case, as beyond all controversy it was, is it credible that in the 
 very next line of the same instrument the same men should have used the same term of 
 " Atlantic Ocean," intending that it should comprehend the whole Coast together with the 
 Bay of Fundy and the Gulf of St. Lawrence, both of which are particularly marked on the 
 map, and are universally known by their distinctive appellations, and with a similar precision 
 of limits, as the River St. Lawrence itself; these three names being, moreover, all of them 
 used in the Treaty without description, as sufficiently distinguishing the several places which 
 they respectively designate ? 
 
 itt Am. stat In answer to that remark of the American Statement which pretends "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 single River that could have been contemplated by the Treaty as such to which the 
 " description applies," it is to be observed, that the mention of St. Mary's River is alone 
 sufficient to prove that there are Rivers considered by the Negotiators as discharging into the 
 Atlantic Ocean without the intervention of any Bay or Gulf. It may be added that some 
 of the Bays mentioned by the other Party in support of his argument, are mere enlargements 
 of the mouths of Rivers, and, like Penobscot Bay and Sagadahock Bay, derive their names 
 from the respective Rivers ; which names, moreover, are little known beyond the immediate 
 vicinity of the place. 
 
 The Treaty Article expressly characterizes Rivers by reference to their mouths. 
 Speaking of the River St, Croix, it has these words : "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." The 
 River St. Croix, being thus characterized, as a River having its mouth, that is, terminating, 
 in the Bay of Fundy, can never be a River falling into the Atlantic Ocean, between which 
 and the River so described, a certain space, namely, a part of the Bay of Fundy, intervenes. 
 Still less, then, can the River St. John, which falls into the Bay of Fundy considerably to 
 the East of the St. Croix, and which is, therefore, more within the entrance of the Bay, be 
 classed among the Atlantic Rivers specified by the Treaty. On the other hand, St. Mary's 
 River is designated in the same Article as reaching the Atlantic Ocean. For the south 
 boundary line passes "along the middle of St. Mary's River to the Atlantic Ocean;" while 
 it is described, in the same Article, as " touching the Atlantic Ocean." Now, if the boun- 
 dary line passes along St. Mary's River till it touches the Atlantic Ocean, it is evident that 
 
 p. 7. 
 
15 
 
 there is no interval between the River and the Ocean, but, on the contrary, that where the 
 former terminates, the latter begins. In this manner, we see that the two Rivers differ essen- 
 tially in that particular characteristic by which the Treaty has distinguished them; and thus 
 two classes of Rivers, comprizing respectively the one and the other of the two individual 
 rivers just named, and both being distinguished from those Rivers which fall into the St. 
 Lawrence, are clearly exhibited in the Treaty. 
 
 If the reasons alleged in this argument, taken in conjunction with what was fully The u u ir of si. 
 
 Lawrence, like 
 
 urged to the same purport in the preceding Stateemnt, are sufficient to satisfy any reasonable ^* ' ! ,'J,°, f , F j nd ' 
 and impartial mind that, in the interpretation of the Treaty, the Bay of Fundy must be con- ' h A t ^,",",' c ng of 
 èidered as separate and contradistinguished from the Atlantic Ocean, there can be no doubt iJt n'ru. stai. 
 as to the obligation of regarding the Gulf of St. Lawrence and the Bay of Chaleurs as equally P ' 
 distinct and unconnected in any Treaty sense with the main Ocean. Judging from the Ame- lst Ara - 8la ' 
 rican Statement, the other party is not prepared to oppose this conclusion, since it is therein 
 observed, that Long Island Sound 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." 
 
 That Statement, however, contains some remarks on the sense in which the Gulf of 
 St. Lawrence is named in the 3d Article of the Treaty, which must not be passed over in 
 silence. It is there asserted that the Gulf of St. Lawrence is designated in the 3d Article for 
 a special purpose, foreign to the question of boundaries, and that it is further mentioned as a 
 place in the Sea. The words of the article are these : "The people of the United States i«' Am. sut 
 " shall continue to enjoy, unmolested, the right to take fish of every kind on the Grand 
 " Bank, and on all other Banks of Newfoundland ; also in the Gulf of St. Lawrence, and at 
 " all other places in the Sea, where the inhabitants of both Countries used at any time 
 " heretofore to fish." 
 
 It is perfectly true that the Gulf of St. Lawrence is designated in this Article with 
 reference particularly to the right of fishing, and not to any question comprized in the Se- 
 cond Article. But it is equally true that there is no reason, with respect to that question, 
 why it should have been named at all in the Treaty. That the Bay of Fundy and the At- 
 lantic Ocean are contradistinguished from each other, has been proved to demonstration. 
 Such being the case, the due north line, as will be shewn yet more convincingly hereafter, 
 could not have been intended to intersect the River St. John ; and unless the eastern boun- 
 dary line were to intersect that river, and to pass considerably to the north of it, there would 
 be no question either of its crossing any streams falling into the Gulf of St. Lawrence and 
 the Bay of Chaleurs, or of its terminating at any point immediately in their neighborhood. 
 Yet the Gulf of St. Lawrence, when mentioned in the Treaty, with reference to another 
 subject, is named in a manner which marks its being known as having certain limits, a pecu- 
 liar character, and separate jurisdiction, and which, in short, distinguishes it entirely from the 
 Atlantic Ocean, except in so far as it is a part of the sea, of which the Atlantic Ocean also is 
 a part. 
 
 The Bay of Fundy and the Gulf of St. Lawrence being, therefore, taken as distinct The n»p«tiv« 
 from the Atlantic Ocean, of which, more especially under the limitations of the Treaty, there contiadi.tin-° 
 can no longer be question, it follows, that the Rivers, which fall into those separate and dis- 
 tinct portions of the Sea, must be considered as forming another class of rivers, such as 
 writers* on the topography of North America have in part noticed, and to which the Treaty 
 indisputably points. Of this class of rivers two only are immediately in question, namely, the 
 Restigouche, falling into the Bay of Chaleurs, itself joining the Gulf of St. Lawrence, and 
 the St. John, which falls into the Bay of Fundy. These rivers cannot, therefore, belong to 
 the class of Atlantic Rivers specified in the Treaty ; and, consequently, it is not true that 
 " all the rivers met by the due north line, which do not actually empty themselves into the 
 
 * See p. 9, reference to Pownall's topographical description, 
 
Ibid p. 41. 
 
 16 
 
 î^Am. stat. « Ri ver st. Lawrence, according to its known limits, are, by the Treaty, considered as 
 
 " falling into the Atlantic Ocean." 
 
 This is not all : there are other lights to guide us to a true interpretation of the Treaty, 
 
 and to shew with sufficient clearness what Highlands were meant to be designated in its 
 
 Second Article. 
 Bouodnry line The United States proposed at first the River St. John as a part of their Boundary 
 
 totiR''moiTh r of on the side of Massachusetts. The Line, as described in the instructions of Congress, was 
 John. " to be drawn along the middle of St. John's River, from its source to its mouth in the Bav 
 
 App. 'st Brit. J 
 
 st*. p. 39. « f Fundy." On Mitchell's Map the course of the St. John, as to length and general direc- 
 tion, is laid down nearly the same as on the Map A. It appears from the Report of the 
 Committee of Congress, which has been noticed above, that " when the Boundaries of The 
 " United States were declared to be an ultimatum, it was not thought advisable to continue 
 " the War, merely to obtain Territory as far as St. John's River." And further, it has been 
 
 i»t Brit, stat. shewn by unquestionable authority, that in the course of the negotiations at Paris, Great 
 Britain claimed as far west as the Penobscot and Kennebec Rivers. 
 
 Combining these several circumstances, it is perfectly inconceivable that the British 
 Government could ever have intended by the Article, which they ultimately agreed with The 
 United States in concluding, to carry the Boundary Line to the north of the St. John, and by 
 that mean, as it has been since ascertained, to make over to an independent Government a 
 much larger extent of Territory than they themselves retained towards the Coast by adopt- 
 ing the St. Croix as the Eastern Boundary Line. 
 
 Soî^lmpoîtant Tne s a crin ce on the part of Great Britain would not have been confined to the loss 
 
 «a,,™ roc ti,o f a certa j n num ber of square miles. The direct communication between Nova Scotia and 
 Canada would have been thereby surrendered, and lands in dependence on Canada would 
 have been transferred to The United States, no longer having the character of British Colo- 
 nies, but that of Independent Sovereignties. So far from Great Britain receiving under the 
 Treaty any compensation for such sacrifices, her Negotiators had already made other sacri- 
 fices of no inconsiderable amount in settling the eastern and northern Boundaries of Massa- 
 chusetts. By consenting to take the St. Croix for a Boundary they had receded from their 
 claims to the Territory extending westward along the coast from that River to the Rivers 
 Penobscot and Kennebec. By consenting to the line of Highlands proposed in the Ameri- 
 can Instructions, they gave up to The United States all that Territory which is situated be- 
 tween the Highlands, extending along that part of the line, as to which the British and 
 American Commissioners are agreed, and the northern Boundary of the old Province of 
 Maine. The limits of this Province, it is well known, were regulated by Charles the First's 
 
 m Am. stat. Grant to Sir Ferdinando Gorges, as mentioned in the Statement of the other Party ; and 
 the northern limit, according to that grant, was a line drawn westward from the River Kenne- 
 bec to the River Piscataqua, at a distance of 120 miles from the mouth of each River. The 
 head waters of the Kennebec being at a much greater distance than 120 miles from the At- 
 lantic Ocean, a considerable interval was necessarily left between the northern limits of 
 Maine, regarded as co-extensive with the Grant to Sir Ferdinando Gorges, and the above- 
 mentioned Highlands, in which the head waters of the Kennebec are situated. To this in- 
 termediate Territory it would have been impossible for The United States to substantiate 
 their claim under the Charter of Massachusetts ; which Colony acquired the territory by 
 purchase. The American Statement has not represented the limits of this territory agree- 
 ably to the known undisputed fact ; but the outline of the Grant is traced on Mitchell's map 
 in strict conformity with its true description. 
 
 Supposing, what is most probable, that the conflicting claims of the two Parties 
 were so balanced, or rather so involved in confusion and obscurity, as to offer no clear and 
 safe principle for their regulation, but that of mutual convenience and conciliation, the 
 Territory intervening between the Rivers St. Croix and St. John was surely but a wretched 
 equivalent for those extensive parts of the British Claim which were given up to the United 
 
17 
 
 States. Supposing, on the other hand, notwithstanding the strong and convincing evidence 
 already furnished to the contrary, that the final adjustment was grounded on some specific 
 principle of right, of what such principle, at all capable of application to the whole extent 
 of disputed Boundary, is there the slightest trace 1 The charter principle, as we have seen, 
 would have thrown the old Province of Maine, and consequently the northern limits of 
 Massachusetts, in that quarter, considerably to the south of the Highlands. The same 
 principle, applied to the Sagadahock Territory, would have carried those limits, at the nor- 
 em extremity of its east Boundary,* to the River St. Lawrence The principle of the Pro- 
 clamation would have confirmed the Line of Boundary between that River, from the point 
 where it is struck by the parallel of 45° north latitude, and Lake Nepissim, as proposed in 
 the American Instructions. A combination of the two principles is equally ineffectual to 
 explain what must be termed the anomalies of the Treaty arrangement, on any supposition 
 but the natural and necessary one of its having been grounded on mutual convenience, since 
 neither Charter nor Proclamation could have warranted the Parties in carrying the Boun- 
 dary Une, as it was actually settled to be carried — not, as the latter would have prescrihed, 
 to the north of the Great Lakes, nor, as the former indicated, along their southern shores — 
 but through the centre of those inland Seas, and along the mid-channels of their respective 
 water communications. 
 
 It is not the interest of Great Britain and her Colonies that is alone concerned in this °*" ™ a t *o ^iii 
 discussion. A common interest, the interest of the Treaty, and of both Parties, is also at Jame?"' f 
 stake. 
 
 In an early part of this Statement it was shewn that in the absence of any express 
 principle specially applied to the question of boundaries, except that of settling them so as 
 to prevent future disputes, the general intention of the Treaty, as declared in its preamble, 
 was to adjust them in such a manner as to " secure to both Countries perpetual peace and 
 "harmony" by establishing "a satisfactory and beneficial intercourse" between them, "on 
 ♦'grounds of reciprocal advantage and mutual convenience." It is evident, with respect to 
 the Boundaries, that nothing was more likely to aid this wise and benevolent object of the 
 Treaty, by preventing collisions, and promoting good neighbourhood between the Parties, 
 than the adoption of a Line which should have the effect of placing the rivers and principal 
 water courses of their respective Territories entirely within the limits of each. The Ame- i»t Am. sta. 
 rican Statement seems to recognize the justness of this principle, when it observes "that 
 "the essential 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." On this momentous ground, which involves the highest consi- 
 derations affecting the welfare of human societies, as well as on those which have been pre- 
 viously advanced, is rested the firm moral conviction that the Framers of the Treaty could 
 not possibly have contemplated so entire a departure from the principles of that instrumt nt, 
 as the forming a Boundary between Nova Scotia and Massachusetts, which wouid have the 
 effect of throwing the upper half of the St. John, — the most important river of the Coun- 
 try, — within the Territory of the United States. Equally difficult is it to conceive that, if 
 they had obtained such an understanding with Great Britain, the American Commissioners, 
 who were naturally more alive to the exclusive advantage of their States, and from long 
 familiar acquaintance with Colonial interests were by no means likelv to expose them to risk 
 by any oversight in the wording of the Treaty, should have allowed the term "Atlantic 
 " Ocean," to remain in its Second Article after the substitution of the St. Croix for the St. 
 John, the proposal of which last mentioned River, "from it» source to its mouth," was, to 
 
 • This is explained in the 30th page 
 
18 
 
 all reasonable appearance, the cause of its first introduction into that Article, in place of the 
 more comprehensive word "Sea," employed in the Proclamation of 1763. 
 The Highlands ft follows, of necessity, from the whole of what precedes, that the Highlands intend- 
 
 intended by the * m 
 
 ZouI"'.Zih° ed b y tne Treaty are to be looked for south oj the River St. John. The American Negoti- 
 
 John eRiw ' S '' ators having desisted from their demand of that River, and the British having equally 
 
 rejected the substituted proposal of deferring the settlement of the Boundary till after the 
 
 conclusion of Peace, an arrangement carrying with it the consequences of yielding to 
 
 The United States at once a greater extent of Territory than that which was comprized in 
 
 the acceptance of the St. John as a Boundary, without any reciprocal advantage to Great 
 
 Britain, but with results most injurious to her just and necessary interests, and also in direct 
 
 contradiction to the governing principle of the Treaty, may be fairly, and without hesitation, 
 
 pronounced to be impossible. 
 
 why ihe Negoti- What reasons may have prevailed with the Negotiators, on the supposition that they 
 
 pros» that inten- intended to designate Highlands to the south of the St. John, as those which the due north 
 
 tioo still more 
 
 eipucitij in the ij ne was t mee t, not to declare that specific intention by an additional clause of the Treaty, 
 can now be only matter of conjecture. But strong probabilities are not wanting to aid the 
 discovery of the truth even in this particular also. 
 
 In the first place, by retaining in the clause respecting Rivers and Highlands the 
 term "Atlantic Ocean," in connection with the limited sense unequivocally attached to it 
 in another part of the same Article, the British Plenipotentiary might have reasonably 
 hoped to preclude any future disagreement on the subject. In the second place, the inser- 
 tion of a definition of the north-west angle of Nova Scotia, calculated to obviate any em- 
 barrassment which might spring out of the use of that term as a known and settled point of 
 departure with reference to the Colonial Boundaries, may also have contributed to satisfy 
 him as to the efficacy of the wording, as it now stands in the Treaty. 
 
 It may surely be assumed that the Negotiators meant to define the Boundary in a 
 spirit accordant with the just and liberal views declared in the preamble of the Treaty. If 
 it had been possible to describe the whole Boundary Line with minute exactness, their desire 
 to prevent future disputes would doubtless have led them to do so. But they evidently did 
 not possess the topographical details necessary for such extreme precision. The Boundary 
 was, therefore, of necessity, to be defined in general terms. A glance on Mitchell's Map 
 was sufficient to shew them, that a due north Line could not be drawn from the source of 
 the St. Croix to the supposed latitude of the head waters of the Atlantic Rivers, flowing 
 westward of that River, without a probability of its striking some of the smaller and very 
 inconsiderable lakes or water courses falling into the St. John. To have changed the grand 
 features of their agreement, on account of this petty consideration, would have been unwise ; 
 and, at the same time, there was an obvious and disproportionate inconvenience in guarding, 
 in express terms, against a mere contingency of no practical importance. Again, they 
 must have known that a considerable part of the Boundary Line would be traced along the 
 Highlands situated nearest to the head waters of the Connecticut, and immediately dividing 
 the Kennebec from the Chaudière. All Parties agree that the words of the Treaty apply, 
 without shadow or possibility of doubt, to that portion at least of the Highland Boundary. 
 The Highlands, which were known to range along the sources of the more eastern Atlantic 
 Rivers, were believed to be a continuation of the others. In order to frame a definition 
 more nicely and literally adapted to the varying circumstances of the Line, as thus prolonged, 
 it would have been necessary to obtain an exact knowledge of that part of it, where the 
 change of circumstances was to operate ; and this degree of precision, as already observed, 
 was necessarily unattainable from the moment that the source of the St. John had ceased 
 to be in view as the proposed north-west angle of Nova Scotia. The due north Line was 
 intended to strike Highlands to the south of the River St. John. At the point of intersection, 
 the Boundary was to be carried west in such manner as to place all the rivers flowing on 
 
19 
 
 that side of the St. Croix, and consequently Atlantic Rivers, within the Territory of The 
 United States. Towards the other extremity, there was that large portion of the Highland 
 Line, respecting which both Parties are agreed. Upon these data, it is by no means extra- 
 ordinary that the Negotiators should have fallen into the error (for such the pending differ- 
 ence authorizes us to call it) of supposing that they had sufficiently provided, by the present 
 wording of the Treaty, for the due direction of that part of the Line which was intended to 
 unite the point of departure on the north Line, with the north-westernmost head of Con- 
 necticut River, by joining on to that other part of the same Line which immediately separates 
 the sources of the Kennebec from those of the Chaudière. 
 
 These probabilities, which are not put forward as known undoubted truths, being, 
 nevertheless, such evidences as the nature of the case admits, must have their weight in re- 
 moving the objection to which they immediately relate, and must contribute, in that respect, 
 to confirm and fully establish the position previously maintained on such just grounds, and 
 by so many cogent and convincing reasons ; namely, that the Highlands of the Treaty were 
 meant to be fixed to the south of the St. John. 
 
 If, on the other hand, it be supposed, notwithstanding so many proofs to the con- inconceivoaMe 
 trary, that it was the intention of the Negotiators to carry the due north line to that point, m«ii»4 «fpn». 
 
 * ' od the contrary, 
 
 which the American Statement maintains to be the true north-west angle of Nova Scotia, [ , * a th0 '' meant 
 the silence which they have kept with regard to the intersection of the River St. John is 
 really very difficult, if not impossible, to explain. Such silence is, on that supposition, the 
 more inconceivable, since it must be agreed that a principal object of the Treaty was to 
 separate the rivers along the adjoining part of the frontier, and to place within the Territo- 
 ries of the respective Parties the whole of each class of rivers so separated. The motives 
 and evidences of this intention are so numerous and convincing, that even if it were true, as 
 the American Statement asserts, that no sufficient criterion for determining the direction of let. Am.. «tat <■ 
 the northern Boundary Line is to be found, unless the precise meaning which that Statement 
 assigns to what respects the dividing rivers be received without qualification, there would still 
 be wanting sufficient grounds to justify a decision in favor of The United States. But thi3 
 imaginary defect of the Treaty is, in truth, the mere offspring of a partial and unwarranted 
 view of its terms and intentions. 
 
 There is no longer any real difference respecting the eastern boundary of The „, „ 
 
 J r o J Xfio Treaty, on 
 
 United States. The difficulties, which are now experienced, regard their northern boun- Ôtaiîîywpiwfù 
 dary, which is to pass along Highlands designated in the Treaty as dividing certain rivers. l ™" 
 What rivers they are, which are thus to be separated, has been abundantly shewn above. 
 It has been proved that the Highlands in question were meant to be found south of the River 
 St. John, and, also, that no river east of the St. Croix comes within the class of Atlantic 
 Rivers specified in the Treaty. Hence, it is clear, that in carrying the boundary line west- 
 ward to the Connecticut, the sources of the Atlantic Rivers are to be left entirely within The 
 United States' territory, and those of the St. John, which intervene between the former and 
 the head waters of the Rivers falling into the St. Lawrence, are to be left within the British 
 line. The American Statement has given to the Treaty expression " dividing Rivers," a AmSt „ . r . ? 
 narrowness of signification which is by no means borne out by the words themselves. The 
 intention of the Treaty being clear as to the rivers to be separated, and therefore to be left 
 within the territory of the respective parties, any highlands rising above the heads of one set 
 of the rivers to be so separated must necessarily divide those rivers (in this instance the 
 .lllantic Rivers) from the other set of rivers named in the Treaty, although they may not 
 extend equally along the sources of these last-mentioned rivers. If this had not been the 
 opinion of the negotiators, it may fairly be presumed that they would have adopted some 
 more precise term in explanation of their particular meaning, and that the term " Atlantic 
 Ocean" would, with equal certainty, have been exchanged for some other of a more com- 
 prehensive sense. To go the length of supplying the supposed omission and of enlarging 
 
20 
 
 the supposed limitation by a license of construction which cannot be admitted without de- 
 feating the general views of the Treaty, as declared by its introductory terms, and further 
 established in the foregoing pages, is a course of proceeding dangerous in its example, and 
 tending to introduce a new and unsound practice in the interpretation of Treaties. 
 E.Hienc that the The point of departure for tracing the boundary line is to be found where the due 
 
 HigM°nda° south north line drawn from the St. Croix touches the Highlands south of the River St. John. It 
 
 of the River St. , , • c i tt- 11 
 
 John hasten ] b n s j iewn above that the existence ot such Highlands was, to all appearance, a matter 
 
 jienernUy beuev- w ■ * » 
 
 ei ' ian 1783 - of general persuasion at the period of 1783, and several years before. That such has since 
 continued to be the impression, there is no inconsiderable evidence to establish. 
 
 Ap P . No. l, pi- In the year 1792 the Government of Massachusetts sold, by contract, to two indivi- 
 
 duals, named Jackson and F'ini, certain lands, the limits of which are thus described in a 
 document relating thereto, given in evidence by The United States : — " Westerly, by a line 
 " on the east side of the great eastern branch of Penobscot River, at the distance of six 
 " miles therefrom ; easterly, by the River Scoodiac, and a line extending northerly from the 
 " source thereof to the Highlands ; and, northerly, by the Highlands, or by the line described 
 " in the Treaty of Peace between The United States and His Britannic Majesty." From 
 tliis description of the limits in question it is clear that the northern Boundary of The 
 United States, as determined by Treaty, was to be the northern limit of this tract, and also 
 that, in 1792, the Government of the State of Massachusetts considered the great eastern 
 branch of the Penobscot River as reaching to the Highlands which form that northern 
 Boundary. 
 
 On the American transcript of the map A, this tract of land is marked out, but with 
 limits on the east, and west prolonged by two straight northern lines across the River St. 
 John to the line of boundary now claimed by The United States, although to the com- 
 mencement of the straight lines, thus gratuitously added, the limits agree with the terms of 
 the contract. It is not worth while to inquire into the cause of a misrepresentation, which, 
 at least, does not appear to have been derived from the printed maps of the country, since in 
 Greenleaf's map of Maine the limits of Flint and Jackson's purchase appear to be marked 
 out, though without the names, in conformity with the terms of the document quoted above ; 
 the line being therein represented as terminating on the Highlands, in which are situated the 
 head waters of the Penobscot and other Atlantic Rivers. 
 
 The "Statistical View of the District of Maine," published in 1816, by Mr. Green- 
 leaf, the American author, whose map has just been referred to, confirms the correctness of 
 the conclusion to which the terms of the above-mentioned purchase inevitably lead. The 
 very explicit passage quoted from Mr. Greenleaf's work, in the 25th page of the First Brit- 
 ish Statement, permits no doubt as to the fact of there being at least as far east as the head 
 waters of the eastern branch of the Penobscot, and as high north as the head waters of the 
 Restook, a tract of mountainous elevations, answering in every respect to the Treaty term 
 of " Highlands," and connected with the range which is situated immediately between the 
 sources of the Kennebec and the Chaudière Rivers. 
 Actual .«.itenw It still remains to be seen whether there are Highlands so situated, with reference to 
 
 •f such High- ° ' 
 
 rc^o,, 3 h o? sur y - those ^ descr ' bec, > as *° offer a suitable place for a point of departure from the due north 
 v.yors. ji nej an( j f or this purpose it is only requisite to refer to the Reports of the Surveyors and 
 
 Commissioners annexed to the former Statement. 
 
 There would be no possibility of executing Treaty provisions, such as are now 
 under consideration, if the utmost degree of precision were required, and if no allowance 
 whatever were made for the unavoidable want of an exact local knowledge on the part of 
 the Negotiators. It is one thing to define a boundary in general terms, another to describe 
 it with a minute attention to details. The parties to the Treaty of 17S3 did not possess the 
 means of performing the latter office. They could only act upon the general ideas which 
 they had then obtained of the state of the frontier country. They had no reason to doubt. 
 
21 
 
 that Highlands, in which were situated the sources of the Atlantic Rivers, properly so called, 
 extended across the meridian of the St. Croix, towards the western bank of the St. John. 
 They can hardly be reproached with not having sent a Commissioner from Paris, the seat of 
 their negotiations, in order to ascertain, by actual measurement, the correctness of so rea- 
 sonable a supposition. They did, however, what an inspection of Mitchell's map was well 
 calculated to suggest. They agreed to form the eastern Boundary of The United States by 
 drawing a due north line from the source of the St. Croix to the Highlands, which the 
 greater length of the course of the Kennebec and Penobscot Rivers, as compared with that 
 of the St. Croix, was likely to render necessary. The details were unavoidably reserved 
 for future settlement by means of an actual survey and delimitation. 
 
 It was to be expected that in making that survey and tracing the boundary line along i mpotlont , on . 
 the surface of the country, the localities would not be found to correspond minutely with ^«Vng'he' n»- 
 the idea which had been previously formed of them. Whether it be supposed that thet"nd« »ctuoii'/!' 
 Highlands were intended to have the character of hilly or mountainous heights, or whe- 
 ther they were considered as mere lands, immediately separating the head waters of 
 rivers, it is clear that there was more than one chance against their being found in strict 
 conformity with the terms, in whichever way they might be interpreted, of the Treaty. 
 In one case the due north line might fail to reach any place of sufficient elevation ; in the 
 other it might be prolonged, even to the St. Lawrence, without intersecting any spot 
 exactly situated between the head waters of the Rivers specified in the Treaty. The 
 same disappointment might have been anticipated in drawing the north boundary line 
 along Highlands, of whatever designation we suppose them to be. It appears that the 
 peculiar characteristic of the river-heads throughout the disputed territory, is to interlock 
 with each other, and frequently to form into large pools and spreading morasses. The 
 defects in the line might indeed prove so numerous as to operate a decided change in its 
 characteristic qualities, and render it altogether unfit for the application of the Treaty. 
 But if every deviation from the strict rigour of definition, — an occasional break or the 
 intervention of a swamp or valley in the line of Highlands — the want, in fine, of a 
 single link in tbe chain, is to defeat and nullify the whole design of the Treaty, it will be 
 extremely difficult to conceive by what means any arrangement is to be effected, or how 
 it will be possible to satisfy either the one or the other of the claimants. 
 
 It is only repeating the words of the former Statement, to say, that the place, Mars nui the 
 called Mars Hill, is that which Great Britain claims as the point of departure for the departure for the 
 
 northern boun- 
 
 northern boundary of The United States, and consequently as that spot which is desig- i" 7 ^' Biu 
 nated in the Treaty as the north-west angle of Nova Scotia. It appears from the reports p ' 7 ' 
 of the Surveyors, that the due north line crosses its eastern skirt, or flank, at a distance 
 of about 40 miles from the monument, which marks the source of the St. Croix, as fixed 
 in execution of the Treaty. 
 
 There are three points to be considered with respect to this elevation : 1°. Its Three considéra, 
 height as compared with that of the country previously traversed by th« north line ; 2°. «fanHm ° 8 
 Its position relatively to the Rivers ; 3°. Its connection with the western range of 
 Highlands. 
 
 With respect to the comparative height of Mars Hill, it will suffice to quote the a pp . lstBnt 
 following words of the American Surveyor : " The south peak is 175 feet higher " r 
 " than the north peak, and about 1000 feet above the general level of the adjacent 
 " country." This description is decisive of the superior height of Mars Hill, and the 
 concurrent testimony of the Surveyors shews that no ground equal to it in elevation, by 
 many hundred feet, is previously crossed by the North line. 
 
 The situation of Mars Hill, with respect to Rivers, is not to be taken, as the Ame- . 
 
 r ' ' Am, Slat. p. 3V. 
 
 rican Statement insists, from the petty streams or rivulets falling into the St. John, in its 
 
 G 
 
22 
 
 immediate neighbourhood. Its principal summits are situated at a short distance west- 
 ward of the north line, and consequently in the position intended by the Treaty, on that 
 Highland tract, which rises to the north of the Atlantic Rivers, and separates them as 
 well from the Rivers of the St. Lawrence, as from the River St. John and its principal 
 tributary, the Restook. The due north line does not indeed pass over its highest peaks; 
 but it is sufficient for every liberal and effective purpose of the Treaty, that the line inter- 
 sects the rising grounds which form its elevation from the banks of the St. John. 
 A PP . ist Brit. As to the third point, the British Surveyor, Bouchette, in his Report dated the 
 
 Htat. p, 52. 
 
 21st of May, 1818, observes, that he took "the bearings of the principal range of high- 
 
 " lands extending from Mars Hill to the Catahdin Mountain ; the general course of which 
 
 " is N. N. E. and S. S. W,, and highly conspicuous for its height." Another of the Sur- 
 
 fta.p.7* veyors, Odell, states in a report filed the 11th of May, 1819, as follows : "Looking 
 
 " westward from this place (Parks's, near the Houlton Settlement,) which is itself con- 
 
 " siderably elevated, and is easily seen from the top of Mars Hill, there appears a con- 
 
 " tinued range of highland, the view of which is terminated on one side by Mars Hill, and 
 
 " on the oth<T by the Spencer Mountains." It is needless to make further citations 
 
 from the reports of the British Surveyors, since the range of highlands, as resulting from 
 
 their surveys and reports is traced in full on the British transcript of the Map A. The 
 
 general result of these documents with respect to Mars Hill and the adjacent heights 
 
 towards the west, may be expressed in the words of the former Statement : " A generally 
 
 p. 24. " hilly country is found to extend towards the eastern branch of the River Penobscot." 
 
 Ap P . ist Brit. This is confirmed by the report of the American Surveyor Loring, dated in December, 
 
 Stat. p. 146. r J ° ' 
 
 ibid. 9o 166 1820 ' may a ^ded, that the British Assistant Surveyor, Campbell, describes the 
 
 Highlands where the monument is situated on the height of land between the Kennebec 
 and Chaudière Rivers as extending in a N. E. to E. N. E. direction and consequently 
 tending to communicate with the Highlands at the sources of the Penobscot River. 
 Judging from the observations on this part of Mr. Campbell's Report, contained in the 
 
 A P p. ist Am. Appendix to the American Statement, the other party is not able to call in question the 
 
 Stat, p 43. exactness of his observations as to the abovementioned part of the country. 
 
 Perfect continu- The foregoing information will hardly warrant us in concluding that the tract or 
 
 ity of the High- , 
 
 ian<i line not to range of highland country stretching from Mars Hill, or its immediate neighbourhood, 
 nnnectnary. towards the sources of the Connecticut, is equally continuous and of one unbroken re- 
 gularity throughout the whole extent of the Boundary Line. But such continuity of 
 height was not to be expected, nor is it necessary for any presumable purpose of the 
 Treaty. It does, however, appear that there is a chain of highlands, not indeed of uni- 
 form elevation, but in which the head-waters of the Atlantic Rivers are situated, with the 
 additional circumstance of their partaking generally of a mountainous or hilly character. 
 jst Am. stat. It is urged in the American Statement, that the three prepositions "from," "along" 
 
 and "to," employed in defining the northern boundary line, "are the clearest and strongest 
 " which could have been selected for the purpose of declaring that the boundary, thus de- 
 " scribed, must, through its whole extent, from its beginning to its termination, be along high- 
 " lands," such as they presume the Treaty to have intended. This remark is, indeed, made 
 on grounds which do not apply to the view taken by Great Britain of the same subject. It 
 is, nevertheless, to be observed, that in two acts of the highest authority connected with 
 this discussion, a Royal Proclamation and an Act of Parliament, the very same prepositions 
 are used in order to describe lines, which have since been discovered to be too imperfect to 
 admit of their being traced in conformity with this description. The Acts alluded to arc 
 the Proclamation of 1763, and the Quebec Act. The boundary described in the Procla- 
 mation has two evident interruptions in the course of its line, notwithstanding the use of the 
 three prepositions, to which so much efficacy has been attributed. In the first place, the 
 line, which is described as passing along the highlands, and also along the coast of the Bay 
 
 ;:.'. 
 
23 
 
 des Chaleurs to Cape Rosiers, has an intermediate space to travers between the highlands, 
 wherever they may terminate according to the supposition hitherto maintained, and the 
 north coast of Chaleurs Bay, for which no provision appears to have been made by the terms 
 of the Proclamation. Secondly, there is a similar interval between Lake Champlain and 
 the opposite extremity of the Highlands, which do not extend to the shores of that Lake. 
 According to the Quebec Act, the line was to go from the Bay of Chaleurs, along the 
 Highlands, &c. lo a point in 45° north latitude, on the eastern bank of the River Connec- 
 ticut, keeping the same latitude directly west through the Lake Champlain. This amend- 
 ment of the Proclamation itself occasioned a fresh difficulty, which it was subsequently found 
 necessary to obviate in the Treaty. A line described as passing along the highlands in which 
 the sources of the Connecticut are situated could never, it is manifest, have reached a point 
 on the bank of that river at a considerable distance below its sources. What relates to the 
 want of continuity between the Bay of Chaleurs and the Highlands is the same in the Act 
 as in the Proclamation. 
 
 There is a further consideration relating to Mars Hill, which embraces one of the True meaning 
 
 ° under the Treaty 
 
 arguments most urged by the United States in support of their line, as indentified iu their j^'w.anjjliof 
 opinion with that of the ancient boundaries, and which it is, therefore, convenient to notice Nova ScoU °- 
 separately. 
 
 The Treaty, as we have seen, fixes the point of departure for the Northern Bounda- 
 ry of the United States at a place, where the due north line, drawn from the River St. Croix, 
 touches the Highlands. To that place, wherever it may happen to be, the Treaty has given 
 the name of "the north-west angle of Nova Scolia ;" and this expression it is, which is in 
 fact the principal, and essentially the sole, foundation of the American claim. The United 
 States have divided their argument into five sections, three of which are exclusively devoted 
 to the question of the old provincial boundaries ; while the first and last, which relate more 
 immediately to the interpretation of the terms of the Treaty, are found, on examination, to 
 rest substantially upon the same principle which the others were also ment to establish. In 
 the 1st section there are these words: "Inasmuch as the north-west angle of Nova Scotia 1 p ° l £ m - Su ' 
 " must, necessarily, be formed by the intersection of the lines constituting the northern and 
 " western boundaries of Nova Scotia, the Highlands, &c. were, at the date of the Treaty 
 "of 1783, a portion of the northern boundary of Nova Scotia." Again, in the same sec- 
 tion: "The Highlands, contemplated by the Treaty, are Highlands, which, at a point duei bi(] . 
 " north from the source of the River St. Croix, divide the Rivers falling into the Atlantic 
 " Ocean from those that fall into the River St. Lawrence ; Highlands, extending eastwardly 
 "from that point (which is the north-west angle of Nova Scotia) and continuing for 6ome , st Am „,,, 
 " distance, at least, in that direction, to divide the Rivers, as aforesaid, so as to form there p - 31 
 " the northern boundary of Nova Scotia." In the 5th section, the same idea is expressed as 
 follows : " 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, &c. 
 " That north line being the western boundary of Nova Scotia, the aforesaid Highlands, 
 "which, together with it, form the said north-west angle, being the northern boundary of 
 " Nova Scotia, mu6t, from that angle, extend eastwardly towards the Bay des Chaleurs." 
 These several passages of the 1 st and 5th Sections of the American Statement shew clearly 
 that the supposition of a perfect identity between the line, as now proposed by The United 
 States, and the ancient provincial boundary, is at the bottom even of that part of their ar- 
 gument, which turns on a literal interpretation of the Treaty Article. Without this suppo- 
 sition, — which is altogether conjectural, and incapable of satisfactory proof, and the 
 merits of which cannot be fully discussed without unsettling what the Treaty was most 
 certainly intended to settle in a peremptory and conclusive manner, — The United States 
 can make no progress whatever towards setting aside those important limitations, which 
 
24 
 
 the words of the 9econd Article of the Treaty, as already explained, do most undoubt- 
 edly convey. They seem to have overlooked an inconvenience and striking objection 
 which necessarily result from this mode of treating the question, namely, that they apply 
 themselves thereby not to the completion of their own boundary, nor to the adjustment 
 of such part of the British boundary line, as corresponds immediately with their own, 
 but to the regulation of other parts of the British boundary, — the northern boundary of 
 Nova Scotia, for instance, — with which they have no right whatever to interfere, and the 
 final arrangement of which is now, as it always has been, wholly and exclusively in the 
 competency of the British Authorities. Such was not the object and intention of the 
 Treaty of 1 783, the second Article of which, as we have already proved, concerns the 
 definition of the United States' boundaries alone, and affects the boundaries of the Brit- 
 ish Colonies only in those parts of the frontier where the territories of the one party 
 border immediately on the territories of the other. 
 
 The words " north-west angle of Nova Scotia" were introduced into the Treaty 
 from the article respecting boundaries, drawn up by the American Congress, and proposed 
 to Great Britain by the American Commissioners at Paris. In that article " the north- 
 " west angle of Nova Scotia" was coupled with the proposal of carrying the boundary line 
 along the channel of the River St. John from its source to its mouth. In other words, it was 
 then distinctly proposed by The United States that " the north-west angle of Nova Scotia" 
 should be fixed at the source of the River St. John, and that a considerable part of their 
 northern boundary line should pass along the channel of that River. It has already been 
 shewn to demonstration, that, in rejecting that proposal, — for the sake of maintaining which 
 (be it remembered) the American Congress had expressed the opinion that it would not be 
 worth while to carry on the war, — Great Britain must obviously have meant to insist upon a 
 boundary line within the line of the St. John ; but, with reference to that proposal, coupled 
 as it was with " the north-west angle of Nova Scotia," it is natural to inquire by what 
 means the line so proposed was to be reconciled with the line of continuous Highlands from 
 I" Am. sut. tne Connecticut River to Chaleurs Bay, along which the United States pretend that the 
 northern boundary of Nova Scotia, as well as their own, must now uninterruptedly pass in 
 virtue of that same expression in the Treaty. 
 
 The truth is, that the words in question are wholly subordinate to the definition which 
 immediately foilows them ; and the definition was, in all probability, introduced into the 
 Treaty, for the express purpose of guarding against any misconstruction likely to arise from 
 their being retained in the Article, after it had undergone the amendments which were de- 
 scribed above. If, as the American Statement asserts, the north-west angle of Nova Scotia 
 was a known undoubted spot, the mere mention of it in the Treaty would have been suffi- 
 cient, in like manner as the mention of the Bay of Fundy and the Gulf of St. Lawrence by 
 their respective names, without particularizing their limits, suffices to convey a distinct and 
 adequate idea of those two separate portions of the Sea. But it is not a little remarkable, 
 that the north-west angle should have been named without the definition, precisely in that 
 Article, which would have fixed it in a spot altogether and entirely inconsistent with the line 
 now held up by The United States as that which coincides with the line of the ancient boun- 
 daries and of the Treaty ; and that the definition should have been added to the name of the 
 angle exactly in that other Article, where the name alone is asserted by The United States 
 to have so definite and distinct a signification as to exclude the possibility of any other con- 
 struction. . . 
 
 In this confusion of circumstances one thing may be affirmed without hesitation ; 
 
 snsie'n" moro namelv. that the position of the north-west angle of Nova Scotia was no more known in 
 
 known in 1783 *» * ° 
 
 StÂSTsut. 1783, than it is known at this moment. The Charter of Massachusetts, as lhe United 
 p I3 States interpret it, would place that angle on the right bank of the St. Lawrence. The Pro- 
 
25 
 
 clamation of 1 763, and the Quebec Act, interpreted by them, would place it on certain 
 Highlands south of those Rivers which fall into the St. Lawrence. The first proposal of 
 their negotiators at Paris would place it at the source of the River St. John. The fact is, 
 that the north-west angle of Nova Scotia is yet to be formed ; and this has been admitted by PI 
 high American authority. 
 
 The American Statement appears to have confounded the assumption in theory of Am Stat -P- ■'•• 
 the point designated in the Treaty as the north-west angle of Nova Scotia, with its existence 
 in fact, although it is evident that these two ideas are by no means necessarily the same. 
 Even the true position of the River St. Croix, from the source of which the north line was to 
 depart, upon which this assumed point was to be found, was not determined till fifteen years 
 after the conclusion of the Treaty of Peace ; and when the Commissioners appointed for 
 that purpose entered upon the consideration of the subject, they found that they had to de- 
 cide between two rivers, both having claim to the appellation of the St. Croix, and between 
 several sources of that one of the two to which the preference was ultimately given; and 
 further, that, taking the two extreme claims on the east and on the west, the distance be- 
 tween their meridians was no less than 40 miles. 
 
 From the manner in which the north-west angle of Nova Scotia is mentioned in the 
 Treaty, and the terms in which the north-east angle of Maine is described in the same sen- 
 tence, it might have been supposed in 1783, that whenever the position of the boundary lines 
 should be ultimately settled, there would be a point where the southern boundary of Canada 
 would, in forming the northern boundary both of Massachusetts and Nova Scotia, be met by 
 the dividing line between the two latter Provinces : in other words, that wherever the north- 
 east angle of Maine should be formed, an angle for the adjacent British Province would be 
 likewise determined. That the finding of the latter was to be consequent to, and not to 
 govern the position of the former; that it was a point to be sought, and not a point fixed, is 
 admitted by an authority which The United States will not be inclined to dispute ; namely, 
 by Mr. Sullivan, formerly Agent on the part of The United States, before the Commission 
 for determining the true River St. Croix, afterwards Governor of the State of Massachu- 
 setts, and also the author of a History of the District of Maine, who states before that Com- 
 mission that the north-west angle of Nova Scotia "had no place prior to the Treaty of 1783;" Ap P .No.2,p.a 
 " that it is yet to be formed ;" and that " this is to be done by forming the north-east angle 
 " of the State of Massachusetts." (Maine). The framers of the Treaty wanted a point of 
 departure for the northern boundary line of The United States ; and they appear to have 
 thought that the supposed point of contact of the three provinces falling to the south of the St. 
 John, would, when named in the Treaty, sufficiently answer that purpose. The northern 
 boundary line, being intended to limit the territory of The United States on that side, was to 
 be carried westward from the point of departure thus designated, which was necessarily 
 external to the territory of The United States, then first to be acknowledged independent. 
 The north-eastern angle of that territory it was strictly within the scope and competency of 
 the Treaty, as it was also one of its particular objects, to describe. To describe the north- 
 western angle, or any other angle, of Nova Scotia, was not within the Province of the Treaty; 
 and it has already been shewn that no such angle existed, exeept in theory, prior to the con- 
 clusion of that Instrument. When, therefore, The United States object to Mars Hill that it Am g , at p 31 
 is not, as they affirm, connected with a chain of Highlands extending to Chaleurs Bay, they 
 exact a condition not only foreign to the declared and legitimate purpose of the Treaty, but 
 also to the real question which the Arbiter will have to decide.* 
 
 * The American Statement asserts, tliat by the claim of Great Britain to Wars Hill, as the north-west 
 -angle of Nova Scotia, it is in fact contended, that that Province has two north-west angles, one of which would be 
 the western extremity of the Bay of Chaleurs. In answer to this assertion, it is to be remarked, in the first place, 
 that the United States can have no concern with the bearing of the British claim upon a distant part of the Pro- 
 
 H 
 
26 
 character of Such being the case, there would be little interest in examining the nature of the 
 
 Mar9 Hill, ana o 
 
 HigWand°fo country east and north-east of Mars Hill. It is enough to know that Mars Hill is calculated 
 «ffi"tnt°for"t'he to impart a character of decidedly superior elevation to that part of the country in which it 
 1w>? is situated, that the due north line crosses its eastern slope, and that there are appearances 
 
 of a generally hilly or mountainous tract, marked with occasional eminences of a loftier 
 kind, going off from it in a westerly or south-westerly direction, and allowing the boundary 
 line to be carried along this uneven succession of highlands in such manner as to leave the 
 waters of the Atlantic Rivers entirely within the United States' territory. 
 spot claim».) by According to the American Statement the only cpot on the due north Line, capable 
 
 on?yTr" 'n' w. of answering to the terms of the Treaty so as to constitute the point of departare required 
 scol^ ot N °™ for the Northern Boundary Line, is fixed at the point A, in the map A, about 1 44 miles 
 p 3 3o.' " from the source of the River St. Croix. The line so prolonged intersects the main channel 
 
 of the St. John and several of its tributary streams, besides intersecting also several other 
 streams whose confluence form the River Restigouche ; and it terminates at a place desti- 
 tute of any marked elevation, between one of the branches of the Restigouche and the sour- 
 ces of a stream falling into the River St. Lawrence, and presumed to be the River Metis. 
 Highlands According to the same Statement the Northern Boundary of The United States is 
 
 claimed by The ° J 
 
 formfn Their" "" carr ' e ^ * rom tne point thus fixed to the north-westernmost head of Connecticut River, pass- 
 daTy under the" ing all along between the rivers that empty themselves into the River St. Lawrence, and the 
 tributary streams of the River Restigouche, of the River St. John, and of Rivers which fall 
 into the Atlantic Ocean. 
 
 The Highlands, which the American Statement describes as passing, without inter- 
 ruption, from the point proposed by The United States as the true north-west angle of Nova 
 Scotia to the north-westernmost head of Connecticut River, are wholly destitute of any 
 marked or conspicuous elevation through, by far, the greater part of their extent. This 
 •t But Btat allegation is fully substantiated in the First British Statement, on the authority of various 
 ?. 26etseq. official reports and Surveys annexed to it.* 
 
 The United States, pursuing their idea of identifying the line designated in the Treaty 
 with that which they suppose to have existed previously among the British Provinces, have 
 objected to the adoption of Mars Hill, as the point of departure for the northern boundary 
 line, that it is not in immediate connection with any chain of highlands trending eastward in 
 the direction of Chaleurs Bay. The reasons which induce the British Government to treat 
 
 vince of Nova Scotia, whose boundaries it was not the object of the Treaty to define, and the adjustment of 
 which is matter for the consideration of Great Britain alone. This assertion of The United States, however, is un- 
 supported by any proof whatever, unless a line drawn on their Transcript, from Mars Hill to the Bay of Chaleurs, 
 is intended to afford this proof, by shewing, that the western extremity of the Bay of Chaleurs is more north west 
 than Mars Hill. This latter inference, howevei, perfectly immaterial as it is to the present question, is even alto- 
 gether unwarranted, by reason of the total uncertainty of the difference of longitude between those two points. It 
 is, likewise, distinctly maintained in the American Statement, that the north-west angle of Nova Scotia intended id 
 the Treaty must be found in the intersection of the western with the northern boundary of that Province, and 
 therefore in the line drawn due north from the source of the River St. Croix. 
 
 If objections of the nature of that which is here put forward by The United States, were worthy of being 
 seriously urged in a great question like the present. Great Britain might appeal to the American map as exhibiting, 
 on their own shewing, a direct impeachment of their own case. According to the pretended line of separation 
 between the Provinces of Canada and Nova Scotia there laid down, there would be a part of Nova Scotia lying 
 both further to the north, and further to the ices/ than the point which they claim as its true north west anglt. 
 
 * A reference to the Reports of the Surveyors clearly disproves the assumption of the American Statement, 
 Am. Stat. p. 84. " that the average elevation" of the ridge along which the American line is claimed to run, from Mount St. Fr;in- 
 cis eastward to the source of the Metis, may be " supposed" to be equal to the height of that mountain, winch 
 Captain Partridge has estimated at 1037 feet. We do not indeed find, that any land at all approximating to it in 
 height has been observed along the whole of that distance, and there is certainly no " ridge still more elevated," 
 near the source of the Metis. 
 
27 
 
 this objection as irrelevant have been stated above, and it lias not been thought necessary to 
 go into the examination of a fact, which, if it were even established on indisputable author- 
 ity, would, in their opinion, be entitled to no weight in the decision of the point at issue. 
 But since The United States appear to think that the continuation of the highlands eastward 
 of the due north line is so essential to a fulfilment of the terms of the Treaty, there may be 
 some interest in ascertaining how far the line which they themselves claim, is calculated to 
 fulfil this condition. The line which they claim is, in fact, no other than the boundary line 
 which they suppose to have existed as between Canada and Nova Scotia in virtue of the 
 Royal Proclamation of 1763. But that line, it is well known, cannot continue along the 
 highlands according to the condition on which The United States insist. It must leave those 
 highlands, in order to pass along the north coast of the Bay des Chaleurs. In this manner 
 it is evident that whatever may be the character of the country in a direct line between 
 Mars Hill and Chaleurs Bay, the line claimed by The United States is defective in that yerj 
 quality to which they attach so great a degree of importance. 
 
 It has been already shewn and fully established in the former Statement, confirmed 
 by what is urged in the preceding pages, that the River Restigouçhe and the River St. Jolm 
 are not classed by the Treaty among the rivers falling into the Atlantic Ocean, and conse- 
 quently that The United States, who maintain that the Highlands designated by the Treaty 
 must be those which immediately divide the St. Lawrence Rivers from those of the Atlantic 
 Ocean have failed to substantiate their claim in that respect. The consequences involved in 
 the admission of that claim, as well with regard to the general principle and purview of the 
 Treaty, as relatively to many important interests of the British Colonies, which would be 
 thereby prejudiced, without the extension of any corresponding benefit to the United States, 
 are such as to call for the clearest proofs and the most irresistible demonstration. But far 
 from this being the case in the present instance, it is manifest, that in order to produce even 
 an appearance of consistency between the American Claim and the letter of the Treaty, one 
 of the principal limitations of that Treaty must be wholly set aside, and even its very terms 
 submitted to a forced and unnatural construction, directly opposed to the sense which is 
 incontrovertibly attached to them in other parts of the same Article. 
 
 That the Bay of Fundy and the Atlantic Ocean are contradistinguished from each consequent 
 other and confounded together in one and the same Article of the Treaty ; that the River confirmât"™*' 
 St. John which empties itself into the Bay of Fundy, and the River Restigouche which claim*. r 
 empties itself into the Bay of Chaleurs and through it communicates with the Gulf of St. 
 Lawrence, fall into the Atlantic Ocean in the sense and meaning of the Treaty ; that the 
 word " Highlands" is wholly unconnected with the idea of height otherwise than as it 
 respects the separation of rivers ; that the British Plenipotentiary, after declining the 
 offer of the St. John as a Boundary, consented to give up the half of that River together 
 with a large territory north as well as south of it to The United States ; that the prin- 
 ciple, declared in the Treaty, of securing perpetual harmony and beneficial intercoms* 
 between the two Parties, would receive its intended application by dividing the principal 
 rivers of the Highland Country in such manner as to lay the seeds of " future discord'' 
 between the Parties ; are among the propositions in virtue of which the claim of The 
 United States can alone be made good in opposition to that of Great Britain. 
 
 The United States, in supporting that claim, have labored to establish not only that Assettionof T(t 
 the Boundary Line designated in the Treaty is identical with that which subsisted between J^t/hnè" 
 the British Provinces of Nova Scotia, Quebec, and Massachusetts, previous to the War of ,Vldenu<»iwîth 
 
 i/»i i x • i.ii .'l.i.ii the old provin. 
 
 Independence; but further, that the Line, which they now propose, is identical with the r^nine. ami the 
 
 * To-aty line. 
 
 one and with the other of those two Lines. It has already been proved, in treating of i^™ sut. 
 that point which the United States have claimed as the true north-west angle of Nova 
 Scotia, that any such identity between their line, and the supposed line of the ancient 
 
28 
 
 provincial boundaries, is mere matter of conjecture. In going into this question of the 
 ancient Boundaries The United States have not been able to conceal the inconvenience, and 
 indeed the insurmountable objections attached to such a discussion at the distance of forty- 
 
 iat Am. stat. six years from the conclusion of the Treaty. Their Statement disavows their having any 
 intention to discuss " the respective rights or pretensions of the Parties on a subject which has 
 " been definitively settled." It was, in truth, so clearly the intention of the Treaty to settle 
 the Boundaries both peremptorily and definitively, that the argument advanced by The United 
 States with reference to what those Boundaries were, as between the several British Colonies 
 before the War of Independence, must be considered as tending, however undesignedly, to 
 counteract that wise and salutary intention. The Treaty itself, as amply shewn before, is 
 silent on this subject. It introduces the definition of the Boundaries by stating it to be 
 " agreed and declared" that they " are and shall be" as follows. Such are not the words 
 which Parties meaning to confirm ancient Boundaries would have chosen. If the framers 
 of the Treaty had intended to adopt any line of demarcation supposed previously to exist, 
 they might have satisfied themselves with running a line due north from the St. Croix River 
 to the Southern Boundary of the Province of Quebec ; but they were resolved not to trust 
 to any such vague and arbitrary line of Frontier, but to establish peremptorily a new line, 
 which, whether it might or might not coincide with any supposed former line, should, in ac- 
 cordance with the principle laid down in the beginning of the second Article of the Treaty, 
 prevent all disputes in future on the subject of the Boundaries of the United States. 
 
 Discussion on In maintaining the fact of the silence of the Treaty as to ancient Boundaries, and 
 
 cbsedVy'thc ""' considering that question as foreclosed by the authoritative decision contained in its Second 
 Treaty. , . 
 
 Article, there is no intention of asserting on the part of Great Britain that no reference 
 
 whatever was made to the ancient Boundaries in the course of the negotiations which term- 
 inated in the Peace of 17S3. There is no difficulty in admitting that the American proposal 
 as to Boundaries, which was subsequently transferred with several important alterations to 
 the Treatj', derived the greater portion of its terms from the Royal Proclamation of 1763. 
 l b t st '^ e corres P on dence of the Ameriean Commissioners further shews that, at least, on their 
 p- n - part, the Charter of Massachusetts was brought forward at some period of the negotiation 
 
 in support of their pretensions. It does not indeed accord with the situation of the Parties 
 at that time to suppose that The United States could ever have thought seriously of insisting 
 on the acknowledgment, by Great Britain, of a wider extent of territory than they were 
 understood to have possessed, in virtue of some principle or other, as British Colonies. 
 
 But these admissions are perfectly consistent with what has been already asserted on 
 clear specific evidence, namely, that the two Parties, in proceeding to a final adjustment of 
 their claims, did not agree to decide those claims on any fixed principle of right, but ulti- 
 mately determined to adjust them by a peremptory declaration founded on mutual consent 
 and mutual convenience, and the interest, common to both, of preventing future disputes 
 and collision. The American Statement itself, in asserting that it was the intention of the 
 Parties to the Treaty of Peace "to confirm the boundaries of the States and of Massachu- 
 setts particularly, as they had been established when British provinces," has felt the 
 ls^Am. sm. necessity of qualifying that assertion by the saving clause "as far as practicable." 
 B.ief review of A brief review of the principal documents which are more particularly described in 
 
 thr |.nr,-,rial do , . r 
 
 enmem» iwnughi thp second Section of the American Statement will, indeed, be sufficient to shew that the 
 
 furwird by TliP ' 
 
 rapport S of' e tbei! ne o ot ' at ' ons might have been protracted to an indefinite period, if those who conducted them 
 proposition. na ) lin , ta k en tne determination of adjusting their differences on the only principle adapted 
 
 to their real interests, and to the new position in which the parties were placed towards each 
 
 other. 
 
29 
 
 Sir William Alexander's Grant, which was not in the recollection of either Mr. a pp .n u .4, p. 5. 
 Adams or Mr. Jay when they were examined on oath as witnesses under the St. Croix a pp-^2 and 
 Commission, and which informer discussions respecting boundary under the Treaty of ' 
 17*3 The United States' Agents have vehemently rejected, carries the western Boundary ofs"! ,,!«'"' 
 Nova Scotia up to the westernmost source of St. Croix River, and thence to the River St. 
 Lawrence by a line extending towards the north, and joining the nearest spring or head 
 stream emptying into that River. According to the same Grant, the northern boundary of 
 Nora Scotia was to pass along the southern coast of the River St. Lawrence to Cape 
 
 Rosiers. 
 
 " The terms of the Grant would not bear us out in supposing that the western Boun- 
 dary of Nova Scotia was to be formed by a due north line. The only positive circumstances 
 to be collected from them as guides for our opinion, are, that the Line between the two 
 sources specified therein shall be a straight one ; and that the source communicating with 
 the St. Lawrence shall be the nearest. On looking to the map we instantly perceive that 
 these guides might lead us to head waters of the River Chaudière as being the nearest to the 
 point of departure of all the sources north of it falling into the St. Lawrence. But, with- 
 out presuming to intimate that such was the real intention of the Grant, dating, as it does, 
 from a period when the face of the country was wholly unknown, we feel ourselves just.fied 
 in pointin- out the vagueness of its terms, as fairly acknowledged in the American State- Am Stat p 13 _ 
 ment, and inferring how extremely difficult, or rather impossible, it would have been for the 
 Negotiators of the Treaty to have fixed the Boundaries between two Independent States, in 
 conformity with definitions so loosly worded as to involve the most unexpected contin- 
 gencies. 
 
 A line extending from the source of the St. Croix " towards the north to the near- 
 est part of the St. Lawrence would, at all events, strike that river, owing to the obliquity 
 of its course, far to the west of that point where a due north line would intersect it. A 
 reference to the map will make this clear. It must not be forgotten that the Commissioners 
 under the 5th Article of the Treaty of 1794, in deciding which was the true St. Croix, 
 adopted the northern stream, to the exclusion of the western. Thus the variations of this 
 one Grant alone offer four several north-west angles of Nova Scotia. The western stream 
 being the one named in Sir William Alexander's Grant, the preference of the northern 
 stream must surely invalidate the authority of the Grant as a binding designation of the 
 boundary of Nova Scotia ; and at any period subsequent to the Proclamation of 1763, Sir 
 William Alexander's Grant is altogether irrelevant as to the northern boundary of that 
 
 C The Charter of Massachusetts, dated in 1691, does not mention the territory of 
 Sagadahock, which according to the Duke of York's Grant extended by its eastern and 
 western limits to the River St. Lawrence. It annexes to the Province of Massachusetts 
 only " those lands and hereditaments lying and extending between the said country or ter- 
 « ritory of Nova Scotia and the said River of Sagadalwck» Agreeably to these words, 
 th. northern limit of Sagadahock, as annexed to Massachusetts, would be a line drawn 
 obliquely from the source of the Sagadahock or Kennebec River to the point of intersec- 
 tion between the western boundary of Nova Scotia and the south bank of the River St. 
 Lawrence Besides the considerations arising out of this circumstance, it is to be remem- 
 bered that the right of Massachusetts to retain any part of Sagadahock, at least that part 
 of it which lies east of the Penobscot River, has been continually questioned and denied 
 
 by the British Government. 
 
 The Royal Proclamation of 1763, of which the Act of Parliament called the Quebec 
 Act is a mere paraphrase as to that part of the boundary still in dispute, extended the hmrts 
 
30 
 
 of Canada considerably to the south of the St. Lawrence. According to that Proclamation 
 the northern boundary of Nova Scotia, regulated by the southern boundary of Canada, 
 would agree with the following description : " the line crossing the River St. Lawrence and 
 " the Lake Champlain in 45** North Latitude passes along the highlands which divide the 
 <s rivers that empty themselves into the said River St. Lawrence from those which fall into 
 " the Sea, and also along the north coast of the Bay des Chaleurs." To the line thus 
 described the American Statement has attributed a degree of precision and unbroken con- 
 tinuity, which its application to the known circumstances of the country does not warrant. 
 A line, of which the conditions are that it pass along the highlands, as traced by The United 
 States on the principle of a supposed identity between the line now claimed by them and 
 the ancient boundary line of the Provinces, and also that it pass along the north coast of the 
 Bay des Chaleurs, cannot possibly be continuous " from its beginning to its termination." 
 The American line prolonged in an easterly direction would extend to Cape Rosiers, leav- 
 ing an interval of more than half a degree between its own course and the north coast of 
 Chaleurs Bay ; and supposing the line to be carried along the coast of Chaleurs Bay, 
 agreeably to the terms of the Proclamation, a considerable part of it must necessarily pass, 
 before it reaches that bay, not between rivers falling on one side into the St. Lawrence and 
 on the other into the Sea, but between the streams which fall into the Bay of Chaleurs 
 only, and in a direction nearly at right angles with the direction of the line prolonged to 
 Cape Rosiers. The truth is that the line described in the Proclamation was never put to 
 the test of a practical application ; nor did the circumstances of the country require that 
 it should receive a more fixed and positive character throughout that central portion which 
 intervenes from the Bay des Chaleurs to the dividing highlands situated immediately between 
 the sources of the Kennebec and Chaudière Rivers. On the Bay des Chaleurs there were 
 settlements connected with the fisheries ; at the other extremity of the line settlements were 
 also to be found ; and it was therefore desirable to provide for an actual delimitation relative 
 to the rights of provincial jurisdiction in both those parts of the country. But the interme- 
 diate space was a wilderness destitute of all inhabitants except the Indians ; and the British 
 Government had therefore no adequate motive for regulating the Boundaries of provincial 
 A P p. No. 5. p. 8. authority throughout a region so little known at that time, and of which the interests were 
 not as yet even partially developed. 
 
 Moreover, The United States cannot, with any pretence of right or reason, appeal 
 either to the Proclamation or to the Quebec Act. The American Congress, when engaged 
 in weighing the conditions of peace, reprobated both the one and the other, as acts of 
 oppression trenching on their rights, and to be reckoned amongst the causes of their 
 Revolution. 
 S!iuadfc'io a n n or Such are tne va g ne an d conflicting documents, by means of which The United 
 
 coLSd^bove. States have endeavoured to establish that two-fold proposition which forms the basis of their 
 whole argument, namely, that the boundary defined in the Treaty was intended by the Ne- 
 gotiators to be identical with that which they conjecture to have existed previously as 
 between the British Provinces, and that the line traced on their transcript of the Map A, 
 and now claimed by them, is indentical with those two lines. In other words they have 
 attempted an impossibility by means of a discussion which they acknowledge to have been 
 definitively closed by the Treaty of 1783, and of which the records of the negotiation and 
 the Treaty itself offer no traces to warrant their conclusion, that the confirmation of a 
 pre-existing boundary line was the object and intention of the Article respecting boundaries. 
 The attempt to establish this proposition is termed an impossibility, because it has been proved 
 in the course of this inquiry, that no such fine did, in fact, exist before the Treaty of 1783, 
 in the sense presumed by their Statement ; that the identical line now claimed by them could 
 not possibly coincide with that line, if it had really existed; and that the documents, which 
 
31 
 
 they have produced in support of their pretensions, are unfit, either singly or collectively, to 
 furnish the basis necessary for its establishment. 
 
 With respect to that part of the American Statement which reasons upon the cioim» of u« 
 
 r r * Colony <it Massa 
 
 renewal of the Duke of York's Grant in 1674, the opinion of the British Law Others in SbjSS^StSS 
 1731, and the communications alledged to have taken place between the General Court a„'j SlidbJ 
 of Massachusetts and their Agent in London in 1764, it is sufficient to observe that it country. 
 
 ° , Am. Stat. p. 13. 
 
 results from the whole series of circumstances, even as stated therein, that the claims of |'i_ 
 
 Massachusetts were objects of doubt and occasional resistance during the whole period 
 which elapsed between the date of the new charter and the conclusion of the Treaty ; 
 that the conflicting claims were never definitively settled before the separation of the 
 thirteen Colonies from the Mother Country ; and that both parties thought themselves at 
 liberty to advance their respective claims, in their full extent, during the negotiations, 
 whatever may have been the principle by which it was then sought, on either side, to 
 substantiate those claims. It was proved before to demonstration that, far from any prin- 
 ciple of right having been declared as the basis of the settlement of boundaries consigned 
 to the Treaty, there are strong and explicit indications, as well in the Treaty itself as 
 elsewhere, of that settlement having been founded on views of convenience and advan- 
 tage common to both Parties. To embark at this late period in a critical disquisition of 
 the terms employed, or the circumstances related by Mr. Mauduit, who, like Franklin 
 in times still nearer to those misunderstandings which terminated in the separation, was 
 Agent in London to the local authorities of that very Province where the war of inde- 
 pendence first broke out, could by no possibility be productive of any advantage com- 
 mensurate with the labour and inconvenience of so unseasonable a research.* In order 
 to pursue the inquiry with the slightest prospect of utility, it would be indispensable to 
 comprize the previous discussions, which had taken place during the greater part of a 
 century between the French and British Governments under the often contested opera- 
 tion of the Treaties of Breda and Ryswick. This, doubtless, was one of the consider- 
 ations which justly operated on the minds of the negotiators in 1783, to restrain them 
 from grounding their adjustment of the disputed part of the boundaries on any declared Am . S tat. v . a 
 principle of right ; and the American Statement has itself recognized the wisdom of that 
 determination, by abstaining with equal prudence from going into the question of right 
 either as between France and England, in times anterior to the final cession of Nova 
 Scotia to the British Crown, or as between Great Britain and the chartered British colo- 
 nies exclusively, however essential the discussion of those questions must necessarily be 
 deemed to the complete establishment or complete refutation of their main proposition 
 on the subject of ancient boundaries. 
 
 There are two points which still remain to be briefly noticed. 
 
 It is alleged in the American Statement that all maps, comprehending the disputed ^"* * *iV^ <i^> cU * 
 territory, which are known to have been published between the periods of 1763 and î? n d i ^ d St ^, l Th 
 1783, and of which copies are now to be procured, concur in carrying the boundary Am ' 
 Une, as described in the Royal Proclamation, along those Highlands to which the claim 
 of the United States particularly applies. In answer to the inference, which the United 
 States have drawn from this supposed coincidence, it is to be observed : 
 
 • It may be well, however, to observe in this form, that Mr. Mauduit's Letter shows satisfactorily how little the 
 northern limits of Massachusetts were at that time known, and how little weight is to be attached to the reasoning 
 in the American Statement respecting the narrow tract alluded to in that letter. The northern boundary of Mas- Am - BM - P- 18 
 sachusetts east of the River Kennebec is, by the most favourable interpretation of the Charter, a line from the 
 source of the River Kennebec to the point where the Nova Scotia boundary strikes the St. Lawrence. The 
 Massachusetts Rivers which were to be secured to that Colony can be no other than the Penobscot and Kennebec 
 Rivers. 
 
32 
 
 Actual state of 
 «9 seas ion would 
 
 1 °. That in the maps referred to, the highlands in question are represented by 
 a line of visible elevation contrary to the true character of the country, as since ascer- 
 tained. 
 
 2°. That in some of these maps the line of visible elevation, so represented, is 
 made to intersect the waters, either of the St. John, or of the St. Lawrence, and in some, 
 even of both, disproving thereby any intention of its having been traced upon the princi- 
 ple of separating those waters. 
 
 3°. That no maps are to be received as authority but those, viz. Mitchell's 
 Map and the Map A, which have been expressly agreed upon between the respective 
 parties. 
 
 4°. That, notwithstanding some differences of little consequence, when taken with 
 reference to general purposes, the Maps brought forward by The United States are so 
 evidently copied, the one from the other, that no additional evidence can be safely derived 
 from their coincidence. 
 
 5 a . That the selection, on the part of the Negotiators, of Mitchell's map, which 
 was published before the Proclamation of 1763, in preference to those maps which pretend 
 to give the line described in the Proclamation, contributes materially to show, that the line 
 in question was not that on which the boundary, as defined in the Treaty, was meant to 
 be established. 
 
 The other point remaining to be noticed is the state of actual posession, which, 
 
 possession would r ° * * * 
 
 th6 d âdm'iMK>n y of however, has been so amply discussed in the former Statement, and so lightly touched upon 
 cwm^nd^on- in the American argument, that little more than a mere reference to it is deemed sufficient 
 th^BniLh. " ° on this occasion. It will rest with the Arbiter to determine whether the facts and evi- 
 
 Am. Stat. p. 39. 
 
 dences, adduced on that subject by the British Government, partake more largely of the 
 obscurity and insignificance attributed to them in the American argument, than much of 
 the testimony brought forward by The United States themselves, for the support and vin- 
 dication of their claim, may fairly be presumed to do. Among the considerations essential 
 to a just and satisfactory decision of this complicated question, it never can be deemed 
 immaterial that, whereas the establishment of The United States' claim would have the 
 effect of dispossessing the British provinces of a territory proved to have been in part* 
 always under the jurisdiction of Great Britain, and in partf actually occupied by British 
 settlers, the confirmation of the British right, as claimed in this and the preceding State- 
 ments, would be unattended with the separation from American jurisdiction of a single 
 citizen of The United States settled in that country before the period of the Treaty of 
 Ghent. 
 
 It is on this ground as well as on those of a yet more important description, which 
 have been urged and developed on behalf of Great Britain, in both' the Statements to be 
 now submitted to the Arbiter, that the British Government look forward with confidence 
 to a favourable adjudication of their claim. 
 
 In an earlier part of this Statement it was observed, that, by carrying the boundary 
 line to the north of the River St. John, the prejudice tbereby occasioned to the British 
 Provinces would not be confined to a mere loss of territory. What has been just stated 
 respecting the point of actual possession confirms the truth of that observation. The ex- 
 tensive Fief of Madawaska, which was granted several years before the Charter of Mas- 
 sachusetts, and which has been held uninterruptedly under Canadian jurisdiction to the 
 present day, would be thereby transferred to The United States, whose claims to territory, 
 during the negotiations of 1783, could never for a moment have been supposed to extend 
 
 Recapitulation, 
 exhibiting the 
 geiji.J ^\ ronclll- 
 Sinii» teau'tiilg 
 
 from i he whole 
 argument. 
 
 * The Fief of Madawaska— 1st. Brit. Stat. p. 20. 
 t The Madawaska Settlement— 1st. Brit. Stat. p. 
 
33 
 
 beyond their rights when clearly established as British Provinces. The British Authorities 
 would also be thereby called upon to surrender a jurisdiction which they have continually 
 exercised as far as the Great Falls of the River St. John from the earliest period at which 
 any settlements have been formed in that part of the country. British subjects holding 
 property within the same territory, and who have held it in uninterrupted succession from 
 the period of 1763, would be compelled either to resign the possessions of their family, or 
 to retain them under a Government to which they owe no natural allegiance. 
 
 Nor would these be the only prejudicial consequences resulting to Great Britain from 
 the proposed transfer of territory to The United States. It is well known to what degree 
 the direct communication between Quebec and New Brunswick would be thereby impeded. 
 How far the communication between one part of Canada and another, — between Quebec, 
 for instance, and the settlements at Gaspé,— would be rendered more difficult by the same 
 award, may be collected from Bouchette's Topography of Canada, a work produced in 
 evidence on this occasion by the United States.* 
 
 It may be doubted whether the anticipation of so much detriment to British interests, 
 though unattended with any corresponding advantages to The United States, and evidently 
 calculated to defeat the most enlightened intentions of the Treaty, as explained before, 
 would alone justify a departure from the strict rule of right, supposing it to be made clear in 
 favour of the United States. But in proportion as the above-mentioned consequences are 
 evident, it is difficult to conceive that the British Government could ever have lent itself to 
 an arrangement from which those consequences must naturally have been expected to flow ; 
 and the stronger, therefore, is the presumption that the acknowledgment by Great Britain 
 of the independence of the United States was felt to impose upon her the duty of carrying 
 her claims, whatever they may have been, to the utmost extent warranted by principles of 
 equity and considerations of mutual convenience, in order to protect the interests and to 
 secure the rights of her remaining Provinces. 
 
 Presumptions, however probable, are not the sole foundations of the British cla.m. 
 The conclusions of the First Statement have been confirmed in the foregoing pages, by ar- 
 gument and evidence of the clearest description. It has been proved, that the rivers desig- 
 nated in the Treaty are not those which the United States insist upon, in virtue of an inter- 
 pretation necessary indeed to the prosecution of their argument, but wholly unwarranted by 
 the letter, context, and spirit of the Treaty. It has also been proved, that the Highlands, 
 which they maintain to be the Highlands intended by the Treaty, exclusive of all others, 
 asree neither with the specific terms of the treaty nor with the intent.on of those who 
 framed it, as manifested by the general tenour of that instrument, and by the circumstances 
 which accompanied its negotiation. It has been shewn to demonstration, that the north- 
 west anele of Nova Scotia was totally unknown in 1783, that no prov.nc.al boundary hue 
 had been acknowledged, ascertained, or even existed for any practical purpose, at that tune 
 b tween the western extremity of Chaleurs Bay, and the Highlands situated at the heads of 
 the Kennebec and Chaudière Rivers, and consequently that the supposed identity between 
 that line and the Une now claimed by The United States is a mere illusion, resting on no pos.- 
 tive foundation whatever. It is essential to bear in mind, that these last mentioned facts are de- 
 ducible from the leading evidence and documents exhibited by the Umted States themselves, 
 it Tart of their argument, which opens a discussion foreclosed by the Treaty and mto 
 which the British Government feel that they cannot enter at this late per.od w.thout com- 
 promising the very object, and principles which it was the main purpose of that Treaty ^ 
 settle conclusively, and without committing the extreme .«consistency of domg, fifty years 
 
 * Bouchette's Topography of Canada, p. 587, 
 
 K 
 
34 
 
 alter the signature of the Treaty, that very thing, which, during its negotiation, was peremp- 
 torily refused on the part of Great Britain, namely, reserving for subsequent adjustment 
 " the boundary between that part of the State of Massachusetts Bay, formerly called the 
 " Province of Maine, and the Colony of JVbwo Scotia, agreeably to tlieir respective rights." 
 On the other hand, it has been established by proofs, sufficient to satisfy any reason- 
 able and impartial mind, that the rivers, described in the Treaty, as falling into the Atlantic 
 Ocean, are entirely distinct from those which fall into the Bay of Fundy or the Bay of 
 Chaleurs ; That the Highlands designated in the Treaty, are those which lying to the south 
 of the River St. John, trend westward from the due north line drawn from the source of 
 the St. Croix ; and, finally, that the line claimed by Great Britain, as passing along those 
 Highlands from the point called Mars Hill, is not only more consistent with the precise 
 terms of the Treaty, than any other line hitherto proposed, but is calculated to fulfil in every 
 important respect the declared as well as the presumed intentions of the Treaty, leaving 
 within the territories of either power the whole of those rivers, of which the mouths are 
 situated respectively therein, and in this manner providing most effectually for that great 
 principle of the Treaty which has been already pointed out, that is to say, the advantage, 
 and convenience of both parties. 
 
 SECOND BRANCH OF DIFFERENCE. 
 
 second aues- The second point of difference referred to arbitration under the Convention con- 
 
 ternmoit head of eluded between Great Britain and the United States, on the 29th of September, 1827, comes 
 
 Connectieut 
 
 River. nex t to be considered. 
 
 The second article of the Treaty of Peace concluded between those Powers in the 
 year 1 783, after describing the Highlands, along which the northern boundary of The United 
 States was to be carried, adds, that the boundary line was to extend " to the north-western- 
 " most head of Connecticut River," and " thence down along the middle of that River to the 
 "45lh degree of north Zafihtde." 
 
 Bnti* Claim. In the first British Statement it has been claimed, on the part of Great Britain, that 
 
 p. 29. the boundary line in question should be carried to the source of the north-westernmost 
 
 stream, which flows into the uppermost of the Lakes above Connecticut Lake, up to which 
 the Connecticut River is known by that distinctive appellation ; and that from thence the 
 line should be traced down along the middle of that River to the 45th degree of north 
 latitude, such as it is exhibited on the official Map A. 
 
 The grounds on which that claim has been rested, are, first, that the river, which 
 issues from Connecticut Lake, now bears, and has always been known by the sole appella- 
 tion of Connecticut River ; and, secondly, that, as no stream, which joins the Connecticut 
 River below where it is known by that name, can with propriety, or according to geograph- 
 ical practice, be taken for the Connecticut River ; so, it is certain that no head-water of 
 such stream can be taken for a head of the river itself. 
 
 Ameiican «aim. In opposition to the British claim it is contended, on the part of The United States, 
 
 that the north-westernmost head of Connecticut River intended by the Treaty, is either a 
 certain head of a stream called Hall's Stream, or one of another stream, called Indian 
 Stream, both which streams fall into the Connecticut or maine Connecticut River, from the 
 
35 
 
 north ; the former at a short distance above or below the 45th degree of north latitude, 
 according as the real situation of that parallel, or its supposed situation agreeably to the 
 survey of 1 772, is taken, and the latter between two or three miles, more or less, acccord- 
 ing as the one or the other of those principles is adopted, above the same parallel. 
 
 The grounds upon which this counter-claim of The United States is maintained, are 
 various, but they are all reducible to one, namely, that the " head of Connecticut River" 
 intended by the Treaty is the head of the north-westernmost branch falling into that river, 
 without reference to the specific appellation, or superior volume and length of the main 
 river above its confluence with that branch. 
 
 It is evident that in this proposition two terms essentially different from each other Term» •• ihad» 
 are confounded together. Hall's Stream, and Indian Stream, are branches of the Connec- «rfoùndédiothe 
 ticut River, each having its own peculiar heads or sources. The Connecticut River has also mratï"* 1 
 its heads or sources independent of them, and it is, no doubt, the most north-westerly of 
 these last-mentioned sources or heads, that is " the north-westernmost head of Connecticut 
 " River,'''' which the framers of the Treaty intended to designate. 
 
 In the former Statement it its remarked that no one would think of looking for the i, t Brit Stai 
 heads of the Rhine at the sources of the Moselle and Maine, though both these rivers are P ' 
 tributary to the Rhine in the same manner as Hall's Stream and Indian Stream are tributary 
 to the Connecticut, but " that they must be looked for in the range of the St. Gothard 
 "Mountains," where the several heads of the Rliine, to whateve point of the compass they 
 may be referred, are alone to be found. The same observation may be applied with equal 
 truth to the Mississippi, the Ohio, and the Missouri. The waters of these three great rivers 
 of the North American Continent finally unite in one channel, and reach the Gulf of Mex- 
 ico under the common name of Mississippi. But each of them has its own heads and sources 
 distinct from those of the other two. On Mitchell's map the sources of the Ohio are laid 
 down by name a little to the south of Lake Ontario ; and the heads of the Mississippi, of 
 which the precise situation was then unknown, are pointed to in equally express terms at a 
 distance of nearly thirty degrees of longitude to the west. 
 
 In treating this question the United States have fallen into an error of the same kind 
 as that which led them to confound the Bay of Fundy with the Atlantic Ocean in discussing 
 the former point of difference. Except where different branches of a river bear the same 
 name, with some distinctive addition applied, as in the case of the Penobscot, to each 
 branch, the name which is borne by a river at its mouth, accompanies the main channel, and 
 the maine channel alone, as it is traced upwards into the country. Wherever the river 
 forks, the name, if it be not altogether lost, as in some peculiar instances, adheres to thai 
 branch which exhibits in the strongest degree the characteristics of the river below the con- 
 fluence, and the length of the channel so named constitutes the river to which the name ap- 
 plies. It has already been shewn, that the heads of a river are not to be confounded with its 
 branches, which have separate heads of their own, and, in the particular case now under 
 discussion, distinctive appellations. The branches terminate at their junction with the 
 main river. 
 
 If the principle thus offered for ascertaining the true north-westernmost head of naii< s stream, as 
 Connecticut River be set aside, and the principle maintained in the American Statement, i-»3, «duded 
 
 . . , from the inten- 
 
 namely, that of all the streams tributary to the Connecticut, the absolute north-western- uon u f tho 
 most is that which the Treaty requires, be adopted in its place, the possibility of carrying 
 the Treaty into execution becomes uncertain and precarious. The north-westernmost 
 stream being determined without limitation, according to its bearing with respect to the main 
 river, may join the latter below the point at which it is intersected by the parallel of the 
 45th degree of north latitude. It was well known to the negotiators of the Treaty in 1783. 
 
36 
 
 lai Btil. Stat, 
 p. 30. 
 
 Alio Indian 
 
 Stream, 
 
 Al«o Petty'» 
 Stream and 
 other». 
 
 Hull's stream 
 undor flvety con- 
 Bideration incon- 
 sistent with the 
 
 Tisaty- 
 
 as admitted by both Agents, that the case here supposed would actually occur with respect 
 to Hall's Stream. In the former Statement, it is mentioned, that the surveyors employed 
 ÏB 1772 by the provincial governments of New York and Quebec to trace the parallel of the 
 45th degree of north latitude from Lake Champlain to the River Connecticut, crossed 
 Hall's Stream at some distance above its mouth, and marked the termination of their line 
 at a point on the western bank of the Connecticut, where a post still exists to mark the spot. 
 This circumstance is the more important, as those doubts which have since arisen respecting 
 the accuracy of that line, and which have occasioned new operations for surveying and 
 marking it, were not then in existence. The Treaty having stipulated that the above-men- 
 tioned parallel should be drawn from the middle of Connecticut River, and the framers of 
 the Treaty being well aware that the parallel in question intersects that river above Hall's 
 Stream, it is clear that no head whatever of Hall's Stream could have been in their con- 
 templation as the north-westernmost head of Connecticut River. 
 
 Hall's Stream being thus excluded from the purview of the Treaty by the known 
 situation of its mouth, it remains to be considered whether Indian Stream, which The United 
 States have put forward to take the place of Hall's Stream, in the event of this latter being 
 set aside, has any better claim to preference under the terms of the Treaty. Indian Stream 
 can only be entitled to preference upon one of these two principles, namely, that it either 
 is absolutely the most north-western tributary to the Connecticut, or that it is the Connecti- 
 cut itself. Now, it cannot be taken for the River Connecticut, because it is not known by 
 that name, but is, on the contrary, known by another appellation, besides being of inferior 
 breadth to the main river ; and that it is not the north-westernmost tributary to the Connec- 
 ticut is clear, because Hall's Stream has been ascertaind to have its sources further to the 
 north-west, in an absolute sense, than those of any other branch communicating therewith. 
 
 It follows, therefore, that no head of Indian Stream has any title whatever to being 
 adopted as the north-westernmost head of Connecticut River intended by the Treaty. 
 And it is further evident, that what is true of Indian Stream, is true with respect to Perry's 
 Stream, and to every other stream, except Hall's Stream, falling into the Connecticut. 
 
 The result of this reasoning, which is too manifest to admit of any doubt, is, that the 
 whole question lies between the heads of Hall's Stream, and the heads of that river which 
 is claimed by Great Britain, to the north of Connecticut Lake. But it has already been 
 shewn that Hall's Stream is excluded from the intention of the Treaty by the known situa- 
 tion of its mouth, and consequently it can be only necessary to consider its heads upon the 
 supposition of the new parallel of latitude, as claimed by Great Britain, being adopted, and 
 the adoption of this new parallel being allowed to have a retro-active effect upon the provi- 
 sions of the Treaty. 
 
 To the admission of any such consequence of the rectification of the parallel it must, 
 however, be objected that Hall's Stream and Connecticut River having been known to the 
 negotiators as two separate objects, the wording of the Treaty is decisive as to their in- 
 tention of excluding the former, and since the execution of that intention must necessa- 
 sarily be the end and aim of the present discussion, there is no reason whatever for any 
 change on the above-mentioned ground. 
 
 Supposing, nevertheless, for the mere sake of argument, that Hall's Stream had 
 not been excluded by the manifest intention of the Treaty, the reasons for giving a 
 preference to the river claimed by Great Britain, are still of the most convincing kind. 
 
 The terms of the Treaty are, that the boundary line shall be carried " to the 
 " north-westernmost head of Connecticut River, and thence down along the middle of 
 " that river to the 45th degree of north latitude." The question is, therefore, which of 
 
37 
 
 the two rivers claimed respectively by Great Britain and the United States is most m 
 Accordance with this description. 
 
 The Treaty having expressly designated by name the river down which the boun- 
 dary line is to pass, our first inquiry must be directed to ascertain which of the rivers in 
 question accords with the Treaty in that particular. Now, as to this point there can be 
 no doubt with respect to those parts of the two rivers which were intersected by the 
 parallel of 45 degrees north latitude, as traced by the surveyors in 1772. It is mani- 
 fest, that if Hall's Stream had been considered as the main Connecticut River, the line 
 would not have been carried across it to the western bank of that River, which is claimed 
 by Great Britain as the true one. The very circumstance, indeed, of Hall's Stream 
 having been then known by that name, while the principle channel had no name at all, 
 if not that of Connecticut, or main Connecticut, would be sufficient, in the absence of 
 the positive proof above-mentioned, to indicate the real state of the case. The reports 
 of the surveyors concur in representing the branch claimed by Great Britain as the prin- 
 cipal one ; and it is therefore not to be conceived, that it would have been left without a 
 distinctive appellation, while its several tributaries were known by their respective names. 
 No other name has been ever assigned to it but that of Connecticut, or main Connecticut 
 River. The former of them, however, was expressly given to it in 1772, by the survey- ,sl *»«'- s »" 
 ors employed in tracing the boundary line ; and it is proved in the Grant to Dartmouth 
 College, mentioned in the former statement, that in 1789 the same appellation extended 
 to that part of the channel which lies above the mouth of Indian Stream. The name, 
 whir h is thus shewn to have applied at very early periods to parts of the river above its 
 confluence with the only streams claimed by The United States, is now universally 
 admitted to belong to it, at least as high as the great Connecticut Lake. 
 
 The following facts go to establish a still more complete accordance between the BrUi»h claim 
 
 o « r established by 
 
 British claim and the terms of the Treaty. Small brooks (not entitled, on account of the Treat ''- 
 their smallness, to the name of rivers, but very appropriately designated by the name of 
 heads of a river,) unite and form a stream, which is the very stream that would be 
 reached by ascending Connecticut River, and constantly following the largest branch, 
 and which, therefore, would with the greatest strictness throughout, up to the very heads App- 1st mit. 
 above-mentioned, be entitled to the appellation of Connecticut River. The line of 
 boundary claimed by Great Britain does consequently comprize in its descent from the 
 particular head claimed as the north-westernmost head intended by the Treaty down to 
 latitude 45°, the whole of the river that has been or ever can be called Connecticut 
 River. 
 
 On the other hand, the line claimed by The United States, if it be Hall's Stream 
 which, as known to the negotiators, constitutes that claim, descends down along the branch 
 and channel of a stream which has every appearance of having been named in contradis- 
 tinction with the River expressly designated in the Treaty, to the 45th degree of latitude, 
 without ever reaching the Connecticut River at all. Supposing that the claim of The United 
 States be transferred to Indian Stream, the line will in like manner descend along the 
 channel of a stream evidently not contemplated by the Treaty, and pass along Connecticut 
 River in a part of its course, bearing so small a proportion to the part already traversed in 
 a channel differently named, as to exhibit a marked want of conformity with the terms of 
 the Treaty. 
 
 The American argument relative to this question closes with an assertion that the 
 head water claimed by Great Britain, as the north-westernmost head of Connecticut River, 
 is, in fact, not one of its north-western heads at all, but the north-easternmost of those 
 heads which, taking their rise in the highlands, come within the meaning of the Treaty. r ! s7. 
 
 L 
 
38 
 
 There is really no force whatever in this objection. The head of Connecticut River 
 claimed by Great Britain may or may not be the north-easternmost of those sources of the 
 river situated in the highlands. The term " north-westernmost" applies in the Treaty to 
 the heads of Connecticut River, and not to those heads which are supposed to spring from 
 highlands. The head claimed by Great Britain springing from the highlands acknowledged 
 by both parties, all conditions which The United States may have derived from their own 
 views of the highlands, and from the connection of the highlands with Connecticut River, 
 are completely fulfilled. 
 
 THIRD BRANCH OF DIFFERENCE. 
 
 Third auestion. The principal circumstances relating to the third point of difference may be corn- 
 
 True parallel of . , . - . 
 
 Latitude 45°. prized in lew words. 
 
 By the 5th Article of the Treaty of Ghent it was agreed that Commissioners, to be 
 appointed for the purpose, should cause the boundary " from the source of the River St. 
 " Croix to the River Iroquois or Cataraguy (St Lawrence) to be surveyed and marked." 
 A preceding clause of the same article contains the following words : " whereas that part 
 " of the boundary line between the dominions of the two Powers, which extends from the 
 
 " source of the River St. Croix, to the north-westernmost head of Connecticut River, 
 
 " thence down along the middle of that river, to the 45th degree of north latitude, thence 
 " by a line due west on said latitude, until it strikes the River Iroquois or Cataraguy, has 
 " not yet been surveyed," &c. Then comes the agreement, as above. 
 
 The particular part of the boundary line here in question is that which extends from 
 the middle of the Connecticut River along the 45th degree oj north latitude to the River St. 
 Lawrence. 
 
 The survey agreed by the Treaty to be made of this portion of the boundary line 
 was commenced and executed, with respect to a considerable part of it, by Astronomers 
 duly appointed for the service in the year 1818. The British Commissioner and Agent 
 were uniformly ready and desirous to proceed in this work ; the difficulties which prevented 
 it arose altogether on the part of The United States. 
 
 cjaim of Great In the First British Statement the complete execution of the survey thus agreed 
 
 to be made, is claimed on the simple ground of the clear and binding terms of the 
 Treaty. 
 
 objectioMofThs The United States now object to the execution of the Treaty in that particular, on 
 
 the ground of its having been ascertained, that the part of the boundary line in question had 
 been previously surveyed and marked, and, therefore, on the supposition that the Treaty of 
 Ghent did not intend to institute a fresh survey of those parts of the boundary line, which 
 were already surveyed and marked by competent authority, but only to cause a survey to 
 be made of those parts of it, which had not been before surveyed and marked in that 
 official manner. 
 
 What loss of territory would result to Great Britain from the want of a proper 
 rectification of the boundary between Connecticut River and the River St. Lawrence, may 
 be easily collected from the First British Statement. It remains to be decided, whether 
 
39 
 
 an express stipulation of Treaty is to be set aside in order to justify The United States in 
 retaining a portion of British Territory, which had passed into their possession in conse- 
 quence of a delimitation at variance with the express terms of the Treaty, and which they 
 continue to hold only by deferring the execution of a positive provision of the Treaty of 
 Ghent. 
 
 Great Britain claims, as the line due west on latitude 45° from Connecticut River BpeciHation of 
 to the River St. Lawrence truly intended in the 5th Article of the Treaty of Ghent, the ' 
 parallel of latitude 45° between these two rivers as resulting from the astronomical obser- 
 vations made under the authority and by the order of the Commissioners appointed to carry 
 into effect the provisions of that Article of the Treaty. 
 
 The Agent of the United States opposed heretofore the claim of Great Britain by 
 laying before the Board of Commissioners proof of the running of a line intended to be 
 along the parallel of latitude 45° and extending from Connecticut River to within about ten 
 miles of the river now called St. Lawrence, by order of the Governments of New York 
 and Quebec between the years 1771 and 1774. This line, he contended, having been for a pp .no.7 p i 
 many years acknowledged as the boundary between the two Countries, the provisions of the 
 Treaty of Ghent that a line due west on latitude 45° from Connecticut River to the River 
 St. Lawrence shall be surveyed and marked, had in view only the 10 miles which had been 
 left unfinished, and not the 140 miles which were already surveyed and marked under the 
 authority of the local Governments. 
 
 The claim of the United States to the old line of boundary, which their Agent had 
 thus endeavoured to uphold by the circumstance that this line had formerly been left incom- 
 plete, is now in the American Statement supported by the contrary proof that this same line 
 had been entirely completed at the time above referred to. It appears, indeed, that the same App. No. 8, p. 14 
 archives, from which the Agent of The United States drew his materials for proving that ^"'n^'j'r 
 the line along latitude 45° had been only partially ascertained, contain likewise the proof 
 that the whole of this line had been determined under the same authority, without any other 
 interruption than that interposed by the seasons, and that all portions of this line had re- 
 ceived an equal sanction from the two provincial governments. There is no intention, on 
 the part of Great Britain, to deny that this line had been considered as accurate in the year 
 1774, when it was finished. It must likewise be allowed, that this line, having been once 
 established, has continued for want of a better one, to be practically the line of boundary 
 between the two Countries. But it is capable of proof, that long before the conclusion of 
 the Treaty of Ghent, both Governments had received information which must have entirely 
 altered their opinion respecting the correct execution of this line. It appears from docu- a pp . No. 6, p. ? 
 ments laid before the late Commission, that each of the two Governments had good reason 
 to believe, that the territory which would have fallen to its share from the line of boundary, 
 if correctly ascertained, had been considerably curtailed by the errors which had crept into 
 the operations of the surveyors, by whom this line had been determined. It is not surpris- 
 ing, indeed, that the Governments should readily have given credit to the information which 
 they received respecting the inaccuracy of this line. The latitude of but one single spot on ]et ^ Slat ' 
 the eastern bank of Lake Champlain, had been ascertained in the year 1767, at a time 39 - 
 when portable instruments for accurately determining the latitude were rare in Europe, and 
 much more so in America. From this spot surveyors had, apparently by means of the 
 magnetic needle only, run lines intended to be along the parallel of latitude 45°, extending ProCMding9 m 
 to the distance of ninety miles on one side, and of sixty miles on the other, without ever j* 11 "" ""»" 
 checking their operations by any new determinations of latitude. These operations required 
 of course a very exact knowledge of the variation of the needle, which is not very readily 
 obtained, and they were carried on through an almost uninterrupted dense forest. The 
 State of Vermont, whose northern boundary is formed by the line on latitude 45°, extend- 
 
40 
 
 u)g ninety miles from the eastern bank of Lake Champlain to Connecticut River, appears 
 to bave first suspected the accuracy of this line ; and, as early as the year 1806, the Gov- 
 ernment of that State engaged Dr. Williams, the historian and philosopher of Vermont, to 
 ascertain the correctness of their northern boundary. 
 
 He reported that the line, as drawn, deviated to the southward of the parallel, under 
 an angle of 8 degrees ; that it consequently cut off, in its eastern prolongation, more and 
 more from the territory which ought to belong to the State of Vermont, and that that State 
 had suffered a loss of more than 600 square miles of its territory by the whole course of 
 this erroneous line. The report of Dr. Williams was received and approved by the Legis- 
 lature of Vermont ; and it appears, that, in the opinion of the people of that State, the 
 inaccuracy of their northern boundary, and their loss by it, was from that time placed 
 beyond the reach of doubt. 
 
 It appears that the Government of Vermont only waited for a favorable moment in 
 order to obtain through the meditation of the general Goverment of The United States, the 
 territory of which they thought themselves unjustly deprived. This opportunity presented 
 itself at the conclusion of peace in 1814 ; and the Treaty of Ghent contains, accordingly, 
 the provisions cited above, f 
 intmtion of the It is not contended on either side, that the negotiators of the Treaty of Ghent were 
 
 Treaty of Ghent * 
 
 cOrrecfiim'V unacquainted with the existence of the old line, and the American negotiators must certainly 
 o°d U on"' for th ° bave been as fully aware of it as the British. Both parties must have been desirous of sub- 
 stituting a new correct line of boundary for the old one, the errors of which were generally 
 known, when such a good opportunity presented itself, especially as other circumstances 
 rendered it advisable to establish the other parts of the boundary which had never yet been 
 established at all. The clear words of the Treaty, by which the surveying and marking of 
 this part of the boundary, is made one of the "several purposes" for which the Commis- 
 sioners were to be appointed, manifestly prove, that such was the intention of both Govern- 
 ments, parties to the Treaty. That this was really the intention of the framers of the Treaty, 
 and that the words of the Treaty were at first likewise understood agreeably to this interpre- 
 tation by the Government of the United States, clearly appears from what has taken place 
 during several years subsequent to the date of the Treaty. The American Negotiators of 
 the Treaty of Ghent are alive, and no deposition of any one of them, as in the case of the 
 River St. Croix, has been brought forward to prove that they were unacquainted with the 
 existence of the old line or that it was not their intention that this provision of the Treaty 
 should have the effect, that a new line of boundary along the parallel of latitude 45° from 
 the Connecticut River to the River St. Lawrence, should be established by accurate astron- 
 omical observations. 
 
 No reluctance was shewn, on the part of The United States, to carry on the opera- 
 tions necessaiy for the determination of the parallel of latitude, till some time after it was 
 known that the changes which would be produced by the establishment of the new parallel 
 of latitude as the boundary line, would be mainly against the interest of the United States, 
 tp». i6t But. principally by the loss of the fortifications at Rouse's point on the western bank of Lake 
 
 ■Stat. p. 2S7. -,, . . 
 
 Champlain. 
 
 t It is to be observed that the Treaty uses the words " ascertain and determine" with regard to points only ; 
 the operation of tracing or running a line is in the language of the Treaty designated by the words " survey and 
 "mark." These words are in the 5th Article of the Treaty applied to a line consisting of four di Terent parU, 
 viz, a meridian, — a line along highlands, — a line through a river and a parallel of latitude. It is well known 
 that the meridian had never been established, and that, therefore, the words " survey and mark" were in the 
 Treaty intended to imply all the operations required for ascertaining it, and among Uiese astronomical 
 observations. 
 
41 
 
 I. (uni nol avail- 
 
 il.lr in tlm 
 
 . Slot. 
 
 The American Statement refers to a grant of land made by the Government of the Csntidetttim «b 
 State of New York, bounded to the north by the old line near Connecticut River, apparentlj £«'»•' 
 with a view to shew that it was not the intention of the American Government to subject the \'"'"Z: 
 lands so bounded to the contingencies consequent on a re-survey of the line. It has been ''' J 
 proved in the first place, that no contingency adverse to the interests of The United St ;a tes 
 was ever apprehended. In the second place, it is to be observed, that whenever the words 
 of a Treaty are not clear and where the intention of the Cramers of it are not otherwise 
 known, grants, and lawful possession and occupation may form presumptive proofs of the 
 intentions of the parties; but where the words are so clear, and where the views and inten- 
 tions of all parties are so satisfactorily demonstrated by other circumstances as in this case, 
 such proofs are of little avail. 
 
 It having been thus clearly proved that there was sufficient reason for making the conev 
 provision that the parallel of latitude 45° from Connecticut river to the River St. Lawrence Sft 
 should be established anew ; that the provision that such a new parallel should be surveyed 
 and marked under the authority of the Commissioners appointed by both Governments is 
 clearly expressed in the Treaty ; that there is no reason to believe, that it was not the 
 intention of the Negotiators who framed the Treaty, as well as of the Governments who 
 ratified it, that this new line should be established, and be considered as finally and con- 
 clusively 'fixing the boundary between the two Countries ; and that both Governments 
 sanctioned for several years the measures which were taken for carrying into effect this 
 particular provision, Great Britain must believe that she has fully proved the justice of 
 the claim which she has preferred, and submits, accordingly, that the provision, as cited 
 above, of the 5th Article of the Treaty of Ghent, shall be carried into complete effect. 
 
 Iiidlon in 
 t'm out of the 
 
 M 
 
APPENDIX TO THE SECOND BRITISH STATEMENT 
 
 Pago. 
 
 No. 1. — Extract from Jackson and Flint's Contract .... .1 
 
 2. — Remarks upon the north-west angle of Nova Scotia, and Sir William Alexander's 
 Charter, made by Mr. Sullivan, the Agent of The United States before the Com- 
 mission under the Fifth Article of the Treaty of 1794, for determining the true 
 River St. Croix .......••«••- 
 
 3.— Remarks of the Agent of The United States under the fourth article of the Treaty 
 
 of Ghent, upon Sir William Alexander's Charter ...... 4 
 
 4. — Depositions of Mr. Adams and Mr. Jay — and Dr. Franklin's Letter . . . 5 
 
 5 — Extract from " Secret Journals" of the Old Congress 
 
 6. — Extract from the British Agent's " Reply" before the Commissioners under the 5th 
 Aarticle of the Treaty of Ghent, relating to the old Survey of the parallel of 45« 
 north latitude ......•••••• 
 
 7.— Extract from the American Agent's " Claim and opening Argument" laid before the 
 Commissioners under the 5th Article of the Treaty of Ghent, relating to the old 
 Survey of the parallel of 45° north ........ 13 
 
 8. — Extract From an Act of Assembly of the Province of New York . .14 
 
 9. — Remarks upon Captain Partridge's Barometrical Observations .... 14 
 
 10.— Remarks upon "Appendix to the First American Statement," containing " Observa- 
 tions on and Objections to the Topographical Evidence" .... 18 
 
 U. Remarks upon certain Documents communicated by The United States, or of which 
 
 Copies have been furnished by Great Britain upon the application of The United 
 States, and which have not been cited in the First American Statement 
 

 A P PEXDfX 
 
 No. 1. 
 
 Extract from Jackson and Flint's Contract. — [From a document communicated by the Appendix 
 Government of The United States, to the British Minister at Washington, on the 30th 
 December, 1828.] 
 
 Jaekson and 
 Flitii'i Con 
 tract. 
 
 COMMONWEALTH OF MASSACHUSETTS. 
 
 Articles of agreement made and entered into this 18th day of April, 1792, between 
 Samuel Phillips, Leonard Jarvis, and John Read, a major part of the Committee for the sale 
 of unappropriated Lands in the eastern part of this Commonwealth of the first part ; and 
 Henry Jackson, and Royal Flint for themselves and Associates of the second part, witness 
 as follows, viz : — 
 
 ARTICLE I. 
 
 It is hereby mutually covenanted and agreed by, and between the said Committee, 
 and the said Jackson and Flint, that they, the said Committee shall sell, and they do hereby, 
 in behalf of the said Commonwealth, contract to sell to the said Jackson and Flint, all the 
 lands belonging to this Commonwealth within the following bounds ; south, by lands which 
 were sold to the said Jackson and Flint by contract, dated the first day of July last ; west- 
 erly, by a line on the east side of the great eastern branch of Penobscot river, at the dis- 
 tance of six miles therefrom ; easterly, by the river Scoodick, and a line extending northerly 
 from the source thereof to the highlands ; and northerly, by the Highlands, or by the line 
 described in the Treaty of Peace between The United States and His Britannic Majesty, 
 excepting and reserving therefrom four lots of three hundred and twenty acres each to every 
 township or tract of land of six miles square, to be appropriated to the following purposes, 
 viz : — one for the first settled Minister, one for the use of the Ministry, one for the use of 
 schools, and one for the future appropriation of the General Court. 
 
 The said lots to average in goodness and situation with the other lots in the respec- 
 tive townships, and also excepting and reserving a tract or tracts (not exceeding five,) equal 
 in the whole to one tract of six miles by thirty, to be reserved for the use of the Common- 
 wealth, in such part or parts as the said Committee shall judge best adapted for furnishing 
 masts, in case such tract or tracts shall be found, as in the opinion of the said Committee 
 shall be suitable for this purpose, and not otherwise. The said tract or tracts not to be laid 
 out within six miles of the eastern or western boundary lines, and to be located within two 
 
 years from this date. 
 
 B 
 
•J. 
 
 No. 2. 
 
 Append;*. Remarks upon the north-west angle of Nova Scotia and Sir William Alexander's Charter, 
 made bu Mr. Sullivan, the Agent of The United States, before the Commission under the 
 
 Mr Sullivan on J ' ° * ' * 
 
 !.f e No'«8?ofj'a e 5 th article of the Treaty of 1 794, for determining the true River St. Croix, in the course 
 of his arguments, before that Commission, in the year 1798. [Extracted from the British 
 Agent's " Reply" laid before the Commission under the 5th Article of the Treaty of 
 Ghent.] 
 
 In the Treaty the Angle is described in these words, " that angle u-hich is formed by 
 " a line drawn due north from the source of the River St. Croix to the Highlands." An an- 
 gle is the point of intersection on the mutual inclination of two lines, and therefore to give 
 a second line, the Treaty adds ; " along the said Highlands which divide those rivers that 
 "empty themselves into the River St. Lawrence from those which fall into the Atlantic Ocean;" 
 but still a course to exhibit the inclination of this second line was necessary, and it was 
 therefore added, " to the north-ieesternmost head of Connecticut River." Then the Treaty 
 contemplates a line running on the Highlands so as to divide the rivers which run into the 
 St. Lawrence from those which fall into the Atlantic Ocean, but whether this is to be a 
 direct or crooked line is not ascertained in the Treaty. If it divide those rivers as above 
 expressed there can be no pretence of its being a straight line. It is either in its general 
 inclination or in its direct course to run to the north-westernmost head of Connecticut River. 
 There can be no angle existing, as known to any man, until those lines are formed, for the 
 point of their inclination is but a mathematical deduction from a perfect recognition of the lines 
 themselves. It was found at a very early period that the rivers flowed from the southward 
 into the River St. Lawrence and from the northward into the Atlantic Ocean. This raised 
 a reasonable conjecture that there was a ridge of Highlands which divided those rivers from 
 each other ; but the savage state of the Country, the continued wars of the Nations, and 
 of the Indians, and the immense labour of traversing such an extensive wilderness raised 
 obstacles too great to be overcome by the prospect of any advantages which could possibly 
 be the result. Indeed we are as entire strangers to these Highlands, and the sources of the 
 rivers on either side of them, as we are to the sources of the Nile. In the Grant of King 
 James to Sir William Alexander the Highlands do not appear to be mentioned; the words 
 are, " unde per imaginariam directum lineam, quœ pergere per lerram seu currere versus Scp- 
 " tentrionem concipietur, ad proximamnavium stationem, fluvium vel scalurigineminmagnoflu- 
 " vio de Canada sese cxonerantem." The Highlands are here made no part of the boundary, 
 but the line, as an imaginary line, was to be drawn towards the north or northerly to the 
 source or spring of a river which emptied its waters into the River Canada. The last men- 
 tioned river then is described as the boundary on the north-cast of the Patent. 
 
 The line of the Treaty is a line due north, in its course, and in its extent, reaching 
 from the source of the St. Croix to the highlands; the line in Sir William Alexander's 
 patent is an indefinite uncertain line, which is to leave, not the source, but the most western 
 spring of the St. Croix, and wander to the unexplored spring or source of a river, which 
 empties its waters into the St. Lawrence, and of the existence of which source or spring 
 there was no evidence or knowledge, but what was conjectured from the existence of 
 rivers, the mouths of which only had been seen. From the year 1621 there was no act of 
 Government, no exercise of jurisdiction, or claim of property, from which this line could 
 receive a station, but all was abandoned and lost in Treaties, cessions, conquests, recon- 
 quests, by and from the French Crown, from Oliver Cromwell and from the Kings of 
 England. 
 
of N«vn Scol i 
 
 The country of Canada was conquered in l'760 ; on the 7th October, 1763, the Append,*. 
 King of England issued His Royal Proclamation for improving and regulating the islands 
 
 ...... liiii m '^ r Sullivan on 
 
 and country which had been ceded by the late Treaty of Peace. In this Proclamation we ""' N w 
 find this provision; first, "The Government of Quebec bounded on the Labrador coast by 
 " the River St. John, and thence by a line drawn from the head of that river through the 
 " Lake St. John to the south end of the Lake Nepissim, from whence the said line crossing 
 "the River St. Lawrence, and the Lake Chaniplain in forty-live degrees of north latitude, 
 " passes along the highlands, which divide the rivers that empty themselves into the River 
 " St. Lawrence, from those which fall into the sea." 
 
 There is no such angle described in the Proclamation or in the Act of Parliament as 
 is mentioned in the Treaty of 1783. The line by the Proclamation is to cross the St. 
 Lawrence on the 45th degree of north latitude, which is on a degree nearly equal with the 
 mouth of the Scoudic and Magaguadavic Rivers, and very far south of the angle now 
 sought for, and far below every part of the highlands referred to. No course or courses are 
 given to the line which is drawn on the highlands, but all is left to imagination. This line 
 could have no influence on the minds of the Commissioners in 1783. 
 
 In the Treaty of that date it is provided, that the line between the two nations shall 
 run on the highlands to the north-westernmost head of Connecticut River, and then down 
 the middle of that river to the 45th degree of north latitude ; whereas the line of the Pro- 
 clamation was in the 45th degree at the St. Lawrence, and so to run on the highlands to 
 Lake Champlain, without saying at what point it should cross the Connecticut. 
 
 Thus we find no place for this angle prior to the Treaty of 1783, and are now left in 
 form it by running the lines in that Treaty agreed upon. 
 
 That in order to determine that place as nearly as could be done, it was agreed that 
 a certain river, which had theretofore been known and called by the name of the River St. 
 Croix, and which had been deemed and received as the eastern boundary of the Province 
 of Massachusetts Bay, should be taken as a part of the boundary, and that to fix a line 
 from the source of that river to the highlands, both as a line for the Government of Massa- 
 chusetts and Nova Scotia, it should run due north, and that the limitation of that line shoxdd 
 he in what should ultimately be found, when the country should be explored, to be the highlands. 
 
 This is not a singular instance in that Treaty of leaving that as uncertain which 
 might afterwards be ascertained : the important boundary of the north-westernmost head of 
 Connecticut river is unknown and unexplored. There are several other instances very 
 similar to this which appear on reading the second article of the Treaty of Peace. 
 
 We have come then clearly to this point, that the northwest angle of Nova Scotia is 
 to be found by running a line due north from the source of the St. Croix river to the high- 
 lands to a point or a place, where that line shall intersect a line along the highlands, which 
 divide the rivers as before-mentioned, and run to the north-westernmost head of Conneclkm 
 river _ * * * * * * ** 
 
 ******** 
 
 The Highlands had, in the year 1763, been made the boundary of Quebec, or the 
 Lower Canada boundary, but ichere the boundaries or highlands are, is yet resting on the wing 
 
 of imagination. * * 
 
 * * * * # **** 
 
 We are as entire strangers to the Highlands, and the sources of the Rivers on either 
 side of them, as we are to the sources of the Nile. There can be no doubt that the north- 
 west ancle of Nova Scotia is yet to be formed, and that this is to be done by forming the north- 
 cast angle of the State of Massachusetts. To do this it has become necessary to find the 
 
Appâta. river which was truly meant and intended by the Commissioners who described the bounds, 
 ' to find the source of that river, and to draw a line due north from thence. 
 
 thé'N. d w?^n g ie But even this cannot decide where the north-west angle is, because this Board has no 
 
 authority to fix the line, which is to be intersected in order to form the angle, or the point 
 of inclination of the two. The question resulting from the Treaty in regard to the line 
 upon the Highlands is reserved to a future period. This Board has no concern in it as to 
 its principles or consequences, and the point of locality of the north-west angle is to be the 
 investigation of the next century. 
 
 No. 3. 
 
 Remarks of the Agent of The United States under the Fourth Article of the Treaty of Ghent 
 upon Sir William Alexander's Charter. — [Extracted from the British Agent's " Reply," 
 laid before the Commission under the 5th Article of the Treaty of Ghent. J 
 
 True it is that King James the 1st did issue certain letters patent, in and by which 
 he described a certain extent of territory, and called the same Nova Scotia, but these letters 
 patent were void in their creation, and have been abandoned, treated as obsolete, and wholly 
 without effect, by general consent, and especially by their Britannic Majesties from the time 
 they were issued to the present day, and are therefore not descriptive of the country called 
 JVova Scotia in the Treaty of 1783. The Grant to Sir William Alexander was void ab 
 initio, and cannot now be adduced as evidence of the limits of a country, to which it 
 never gave a character, and which by the terms of the grant never vested in the grantee, 
 more especially as the Charter has never been introduced into similar discussions, but to 
 be treated with derision and contempt. It was made at a time when an adverse posses- 
 sion was held by the subjects of France under grant from that Crown of the country it 
 described. * * * If before the granting of these Letters Patent the English were 
 not in such possession as to authorise the grant, either by the law of nations or the prac- 
 tice of the times ; if according to the tenor of the grant it be doubtful if it ever took 
 effect ; if, after it was made, it seems to have been abandoned, virtually rescinded and 
 lost, it is now preposterous to pretend that it rose again from the dead to settle the boun- 
 daries of the American Republic. * * It is certain that Alexander's whole interest 
 and the title to the whole country became vested in La Tour. The quit claim, from 
 Alexander to De La Tour, whether in terms or not comprising the whole country describ- 
 ed in his Patent from King James, has always been considered as equivalent to his own 
 title. Again, these remarks shew that long before the Treaty of 1783, this ancient con- 
 veyance to Sir William Alexander, if it ever had any operative character, was void, 
 derelict, abandoned and lost ; and the province of Nova Scotia, of which His Britan- 
 nic Majesty was then in possession, and which was recognised by the negotiators, was 
 not the particular spot of territory marked out by this obsolete Charter. 
 
 A present attempt to revive this charter thus effectually rendered void is, indeed, 
 to call spirits from the vasty deep. To settle the boundaries of a new empire by squaring 
 its borders and trimming its skirts, to match the proportions of this decayed and mould- 
 ering relic, is to tie the hale and living subject to a lifeless inanimate corse. * * * Lest 
 some operative force might be given to the inurned relics of Sir William Alexander's 
 deed, the Company of New France granted by deed to La Tour, a portion of the said 
 Country, which before had been included in the deed to him from Sir William Alexander. 
 
* * * It cannot fail to strike the Commissioners with surprise, that as the boundaries con- Ap|W "' 1 "- 
 tained in this grant were so little attended to nearly two hundred years ago, it should now "• s. a,.u. 
 start up with a pretended vigour, which is competent to limit the extent of the American v^AUxtadM-i 
 Empire. Well might the French Commissaries apply to the word derived from such < .'hat- <: """ 
 ter the phrase un mot en air, and consider any Province made by it as wholly ideal. 
 
 Indeed it seems to have been wakened from the slumber of ages for the first time at 
 the discussions of these Commissaries, for the very insignificant purpose to which it was then 
 applied. 
 
 That was the first appearance of the scroll after more than one hundred and thirty 
 years. If it be sufficient to constitute an English Province that a King of Scotland should 
 make a nominal conveyance of a tract of country in the occupation of French people, with 
 an apparent intention of its being aliened to the Crown of France, and after a quit claim, by 
 his grantee, to a French Subject, his successor should, in a public Treaty, cede it to a rival 
 nation by a Foreign name, under which that nation claimed it, and not by the appellation it 
 had been declared it should ever retain ; if in process of time it should become, and, as it 
 may be said, be amalgamated and lost in the general description of another Province, be 
 maintained and guarded by such other Province, and not be taken away until voluntarily 
 surrendered as too expensive a burthen ; if all this may be done, and yet the character of a 
 distinct British Province continue attached to it, and be never waved or lost, notwithstanding 
 all these changes, it is indeed true, that its origin and antiquity are coeval with the wonderful 
 parchment by which such miracle is wrought. 
 
 No. 4. 
 
 DEPOSITIONS of Mr. Mams and Mr. Jay, and Dr. Franklin's Letter. [Extracted 
 from the Claim and opening Argument of the American Agent laid before the Commis- 
 sion under the 5th Article of the Treaty of Ghent.] 
 
 AT A MEETING OF THE COMMISSIONERS. 
 
 Quincy, the 15th day of August, 1797. 
 p resen t: — Thomas Barclay, David Howell, Egbert Benson, 
 
 John Adams, President of the United States of America, appeared before the Board, JJ^jgf 
 and (being sworn) was examined as a witness to the following Interrogatories, viz :— Inter- 
 rogatories by the Agent of The United States. 
 
 l s( ._What Plan or Plans, Map or Maps, were before the Commissioners, who 
 formed the Treaty of Peace in 1783 between His Britannic Majesty and The United States 
 
 of America 1 
 
 answer.— Mitchell's Map was the only map or plan, which was used by the Com- 
 missioners at their public Conferences, though other maps were occasionally consulted by 
 the American Commissioners at their lodgings. 
 
 2d.— Whether any lines were marked at that time as designating the boundaries of 
 The United States upon any, or upon what map s 
 
 Answer.— Lines were marked at that time as designating the boundaries of The 
 United States upon Mitchell's map. 
 
 3rd.— What Rivers were claimed to, or talked of, by the Commissioners on either 
 «ide, as a proposed boundary, and for what reason ? 
 
 C 
 
Appendn. answer. — The British Commissioners first claimed to Piscataqua River, then to Ken- 
 
 Evidence of th. nebec, then to Penobscot, and at length to St. Croix, as marked on Mitchell's map. One 
 
 Amerieao Neg" 
 tiatora of the 
 Treaty of 1783. 
 
 t.au r ™ "f the f the American Ministers at first proposed the River St. John's, as marked on Mitchell's 
 
 map, but his Colleagues observing, that, as St. Croix was the River mentioned in the 
 charter of Massachusetts Bay, they could not justify insisting on St. John's as an ultimatum — 
 he agreed with them to adhere to the charter of Massachusetts Bay. 
 
 4th. — Whether a copy of the patent to Sir William Alexander, or any Act of Par- 
 liament of Great Britain were before the said Commissioners at that time, or spoken of, or 
 relied upon, by the Commissioners on the part of His Britannic Majesty 1 
 
 Answer. — It was very probable that the patent of King James to Sir William Alex- 
 ander, and that an act or acts of Parliament might be produced and argued on, but I do not 
 recollect, at this time, any particular use that was made of them. Nothing was ultimately 
 relied on, which interfered with the Charter of Massachusetts Bay. 
 
 5th. — Generally what plans, documents, and papers were before the said Commis- 
 sioners when the said Article of the same Treaty was formed ? 
 
 Answer. — No other plan than Mitchell's map, that I recollect. Documents from the 
 public offices in England were brought over and laid before us ; in answer to which we pro- 
 duced the memorials of Governor Shirley and Mr. , and the counter memorials of 
 
 the French Commis" at Paris, in a printed quarto volume, a report of Mr. Huchinson to 
 the General Court printed in a Journal of the House of Representatives, not many years 
 from 1760, though I cannot now recollect the precise year, and certain proceedings of Go- 
 vernors Pownall and Bernard, recorded also in the Journals of the House of Representa- 
 tives, and the charter of Massachusetts Bay. 
 
 6th. — What were the lines claimed on each side and how was the matter ultimately 
 settled ? 
 
 Ansver. — Answered in part under the 3rd question. The ultimate agreement was 
 to adhere to the Charter of Massachusetts Bay and St. Croix River mentioned in it, which 
 was supposed to be delineated on Mitchell's map. 
 
 7th. — Whether it was agreed to let the matter of boundary between the State of 
 Massachusetts and the Province of Nova Scotia remain as the same had been conceived 
 to be 1 ? 
 
 Answer. — Answered under the 3rd and 6th questions. 
 
 Interrogatory by the Commissioners. 
 
 In explanation of your answer to the third Interrogatory proposed by the Agent on 
 the part of The United States ; — do you know whether it was understood, intended or 
 agreed, between the British and American Commissioners, that the River St. Croix, as 
 marked on Mitchell's Map, should so be the boundary as to preclude all inquiry respecting 
 any error or mistake in the said Map in designating the River St. Croix? Or was there 
 any, if so, what understanding, intent, or agreement, between the Commissioners relative to 
 the case of error or mistake in the said Map 1 
 
 Answer. — The case of such supposed error or mistake was not suggested, conse- 
 quently there was no understanding, intent, or agreement expressed respecting it. 
 
 sition, 
 
 Mr. j«y'« depo- The answer of John Jay, who was one of the American Commissioners, by whom 
 
 the Treaty of Peace between Great Britain and The United States was negotiated, to the 
 interrogatories put to him, at the instance of the Agent on the part of The United States, by 
 the Board of Commissioners for ascertaining the River St. Croix, intended in and by the 
 said Treaty. 
 
 The said John Jay, having been duly sworn, answers and says, — that, in course of 
 the said negotiations, difficulties arose respecting the eastern extent of The United States ; 
 
that Mitchell's Map was before them, and was frequently consulted for geographical in- 
 formation; that in settling the eastern boundary line (described in the Treaty), and of 
 
 which the River St. Croix forms a part, it became a question which of the rivera %£H 
 in those parts was the true River St. Croix, it being said that several of them had that TÎîïtJïrnw. 
 name ; that they did finally agree, that the River St. Croix, laid down in Mitchell's Map, 
 was the River St. Croix which ought to form a part of the said boundary line. But 
 whether that River was then so decidedly and permanently adopted and agreed upon by 
 the parties as conclusively to bind the two nations to that limit, even in case it should af- 
 terwards appear that Mitchell had been mistaken, and that the true River St. Croix was 
 a different one from that which is delineated by that name on his Map, was a question or 
 Case which he does not recollect nor believe wa* then put or talked of. 
 
 By whom in particular that Map was then produced, and what other Maps, Charts 
 and Documents of State were then before the Commissioners at Paris, and whether the 
 British Commissioners then produced or mentioned an Act of Parliament respecting the 
 Boundaries of Massachusetts, are circumstances which his recollection does not enable 
 him to ascertain. It seems to him that certain lines were marked on the copy of Mitch- 
 ell's Map, which was before them at Paris, but whether the Map mentioned in the Inter- 
 rogatory as now produced, is that copy, or whether the lines said to appear in it are the 
 same lines, he cannot without inspecting and examining it, undertake to judge. 
 
 To the last interrogatory he answers, that for his own part he was of opinion, that 
 the easterly boundaries of the United States ought, on principles of right and justice to 
 be the same with the easterly boundaries of the late Colony or Province of Massachu. 
 setts. 
 
 Although much was said and reasoned on the subject, yet he does not at this distance of 
 time remember any particular and explicit declarations of the Parties to each other which would 
 authorize him to say that the part of the said line (described in the Treaty) which is formed by 
 the River St. Croix, was mutually and clearly conceited and admitted to be also a part of the 
 eastern boundary line of .Massachusetts. 
 
 He doubts there having then been very clear conceptions relative to the just and precise 
 easterly extent of Massachusetts ; for he has reason to believe, that respectable opinions in 
 America at that time considered the River St. John as the proper eastern limit of The United 
 
 States. 
 
 JOHN JAY. 
 Sworn this 21st of May 1798 before me, Egbert Benson. 
 
 SIR, Philadelphia, April 8th, 1790. nr. Frasl 
 
 I received your letter of the 31st past, relating to the encroachments made on the 
 eastern limits of The United States by Settlers under the British Government, pre- 
 tending, that it is the western, and not the eastern River of the Bay of Passamaquoddy, 
 which was designated by the name of St. Croix in the Treaty of Peace with that Nation . 
 and requesting of me to communicate any facts, which my memory or papers may 
 enable me to recollect, and which may indicate a true river the Commissioners on both 
 sides had in their view to establish as the boundary between the two Nations. Your letter 
 found me under a severe fit of my malady, which prevented my answering it sooner, or 
 attending indeed to any kind of business. I now can assure you, that I am perfectly 
 clear in the remembrance, that the Map we used in tracing the boundary was brought to 
 the Treaty by the Commissioners from England, and that it was the same that was pub- 
 lished by Mitchell about twenty years before. Having a copy of that Map by me in loose 
 sheets, I send you that sheet which contains the Bay of Passamaquoddy, where yon 
 will see that part of the boundary traced. 
 
8 
 
 Appendix- 
 
 I remember too, that in that part of the boundary we relied much on the opinion 
 of Mr. Adams, who had been concerned in some former disputes concerning those 
 
 Evidence of the 
 
 fu!«i"f the" ' Territories. 
 
 Treated 1783. j tnink therefore that yon may obtain still further light from him. That the Map 
 
 we used was Mitchell's Map, Congress were acquainted at the time by a letter to their 
 
 Secretary for Foreign Affairs, which I suppose may be found upon their files. 
 
 I have the honor to be, with the greatest esteem and respect, 
 
 Sir, 
 
 Your most obedient and most humble servant, 
 
 Hon. T. Jefferson, Esq. B- FRANKLIN. 
 
 Secretary of Slate. 
 
 No. 5. 
 Extract from " Secret Journals" of the Old Congress. 
 
 Vol. iii. p. 152. 
 
 As the efforts of His Britannick Majesty will be principally directed against the 
 western and north-western boundary, the observations on this subject may confined 
 
 thereto. 
 
 The Treaty of Paris of 1763, to which His Most Christian Majesty and the British 
 Kin°- were parties, restricted those Colonies, which were before extended by their 
 Charters to the sea, to the River Mississippi. To this River, then, these States will 
 still extend in the same manner, unless by some subsequent constitutional and rightful 
 act their limits have been abridged. 
 
 The Negotiations on this head will probably assume a variety of forms. None, 
 perhaps, will be more strenuously urged than those which arise from His Britannick 
 Majesty's Proclamation on the 7th day of October, 1763, the Treaty of Fort Stanwix, 
 >n 1768, between him and the Six Nations, and the British Statute in 1774, establishing 
 among other things, the boundaries of Quebec. 
 
 1. If it can be supposed that the purpose of the Proclamation was to effect the 
 boundaries of The United States, it must be remembered to be the act of the very Prince 
 against whom we contend ; that it preceded, a short time only, the manifestation of those 
 wicked and oppressive measures which gave birth to the Revolution ; and that it directly 
 interfered with the rights accruing to the Colonies, by the ancient and more solemn acts 
 of his predecessors. 
 
 But by the prohibition to the Governors of the other Colonies than of Quebec, 
 East Florida or West Florida, to grant warrants of survey, or pass patents "for the present, 
 « and until his (the British King's) further pleasure should be known," for any lands 
 beyond the heads or sources of any of the Rivers which fall into the Atlantic Ocean 
 from the west and north-west, is strongly shown an opinion, that there were lands beyond 
 the heads of those Rivers within the grants of the Governors. 
 
 By the prohibition too, to grant warrants of survey, or pass patents for any lands 
 whatever, which, " not having been ceded to or purchased by the British King, were re- 
 served to the Indians or any of them," a restriction of territory could not have been 
 designed by a King, who granted the Charters to the Colonies, knowing that they would 
 interfere with the rights of the Indians, who has always considered a cession or purchase 
 from the Indians, not so much the source of a title, as a milder means of preventing 
 their hostility, who, since the date of the Proclamation, has granted through the prohibit- 
 ed Governors themselves, large quantities of land beyond the heads of those Rivers, and 
 whose own geographer, in a map describing and distinguishing the British, Spanish, and 
 
9 
 
 French Dominions in America, according to the aforesaid Treaty of Paris, carries the An™" 1 " 
 
 States of Georgia, North Carolina, South Carolina, and Virginia, as far as the Mississippi. Km.," f-™ 
 
 Secroi Journal* 
 
 In a word, this part ot the Proclamation seems to have been intended merely to shut " ( " M ' 
 up the land offices, not to curtail limits; to keep the Indians in peace, not to relinquish the 
 rights accruing under the Charters, and particularly that of pre-emption. 
 
 2. The Treaty of Fort Stanwix is susceptible of a similar answer, by viewing it as 
 an instrument of peace, not the conveyance of a title. For there is reason to believe, that 
 the British King has never ratified it ; and yet it is notorious, that his Governors have 
 granted lands within the cession then made. 
 
 If it be said that the authority to grant those lands was derived from the Treaty ol 
 Lancaster, in 1744, here then is a forcible illustration of our doctrine. For on what prin- 
 ciple, but on account of peace, could the British King have attempted to procure a new 
 cession of the sain.: Country? On the other hand, if the authority to grant those lands was 
 not derived from the Treaty of Lancaster, it can rest on no other foundation than that of 
 his Charters. 
 
 3. The. Quebec Act is one of the multiplied causes of our opposition, and finally, of 
 the Revolution. Ao stress, therefore, ought to be laid on it, even if in its operation it abridged 
 the. boundary of the Slates. But the provision, that nothing therein contained relative to the 
 boundary of the Province of Quebec, should in any wise affect the boundaries of any other 
 Colony, excludes such an operation, and confirms chartered rights. 
 
 No. 6. 
 
 Extract from the British Agent's "Reply" before the Commissioners, under the Fifth Article 
 of the Treaty of Ghent, relating to the old survey of the parallel of 45° north latitude. 
 
 The learned Dr. Samuel Williams, whose name stands so justly and so eminently 
 , the ai tals of American literature, in his natural and civil History of Vermont informs 
 us that the State of Vermont was admitted into the Federal Union on the 18th February, 
 1701, and he describes the boundaries of the State as follows, viz. : 
 
 " The eastern boundary of Vermont is formed by the west bank of Connecticut m. wiiiio™» 
 
 nt\r\ -1 • history of Ver 
 
 " River. This line following the course of the River, is about 200 miles ; and is derived moot, vol i 
 " from the decree of George the Third. On the 20th of July, 1764, His Majesty ordered 
 " and declared the western bank of the River Connecticut, from where it enters the Pro- 
 " vhice of Massachusetts Bay, as far north as the forty-fifth degree of northern latitude, to 
 " be the boundary line between the two Provinces of New Hampshire and New York." 
 
 " The north line of the State begins at the latitude of 45 degrees north, and runs 
 " upon that parallel from Lake Champlain to Connecticut River. This line is ninety miles 
 " and one quarter of a mile long, and divides this part of The United States from the Pro- 
 " vince of Canada. Much pains was taken by the Provinces of New York and Canada, to 
 " ascertain the latitude of 45° by astronomical observations. This was done by Commis- 
 " sioners from both Provinces in the month of September, 1767. At the place where the 
 " line crosses Lake Champlain, they erected a monument of stone, which is yet standing. 
 " The line was afterwards run in the year 1772, by J. Carden and J. Collins, of Quebec, 
 " but with great error. By order of Governor Tichenor, in 1 806, I examined the situation 
 « ot this line in the eastern part of the State. By astronomical observations, I found the 
 
 D 
 
10 
 
 Append is. 
 
 monument they had erected on the eastern bank of Lake Memphremagog was in the lat- 
 Sfe««.° flati " " itude of 44 degrees, 53 minutes, 46 seconds, and at Connecticut River, their monument 
 " was in the latitude of 44 degrees, 47 minutes, 59 seconds ; admitting their line to have 
 " been run in a straight course, this would imply an error of 8 degrees, 52 minutes, 19 
 " seconds, in the direction, and occasions the loss to Vermont of 401,973.! acres of 
 " land, equal to 17 t Vj townships. The direction of Connecticut River is from the north- 
 " east, and on that account, if the divisional line was continued on the parallel of 45 de- 
 " grees, till it intersected the river, one or two more townships of land would accrue to 
 " Vermont. This line ariseth from the Proclamation of George the Third, of October 7th, 
 " 1763, determining the southern boundary of the Province of Quebec, and from the Treaty 
 " of Peace between Britain and the States of America in 1783." 
 
 Dr. Williams, in a subsequent part of his history, proceeds as follows : 
 
 *' The Annual Session of the Legislature, in October, 1804, was at Rutland. 
 pp. 33, 34, 3s. » Among the subjects proposed by the Governor, for the consideration of the Assembly, one 
 " related to the situation of the northern line of the State. It was not known by whom 
 " this line was run, at what time, or with what accuracy, but it was universally believed 
 " that it was run in a direction deviating from the parallel of latitude, and much to the 
 " injury of Vermont. The inhabitants near the reputed northern boundary, were persuaded 
 " that the direction of the line was towards the south-east, that the State was on that ac- 
 " count deprived of a large tract of valuable land which belonged to it ; and as the adjacent 
 " townships were rapidly settling, that they should eventually be involved in expense and 
 " troublesome contests about the matter. The House appointed a Committee upon this 
 " business, and their report was, that the Governor should be desired to write to the Presi- 
 343 344. ^ " deut of The United States on ,he subject." " 1805. With regard to the particular 
 " affairs of the State, the Assembly were now in earnest to obtain information relating to 
 " the situation of their northern boundary, and to fix upon some place for the future session 
 " of the Legislature. In one of their laws, they made provision for, empowered and desired, 
 " the Governor to have the latitude of the reputed north line of the State ascertained by 
 " proper observations, on the bank of Connecticut River, and at Lake Memphremagog. 
 
 " In the fall of the year 1806 the Legislature convened at Middleburg. 
 
 " The Governor had endeavored to fix their attention on the lands which belonged 
 " to Vermont, but lay within the reputed bounds of Canada, their right to which was now 
 " known, by the measures which had been taken to ascertain the latitude of the north line 
 " of the State. The results of the inquiry had been much in favor of his judgment and 
 " exertions, and the benefit of the State. Vexed that any thing should be announced to 
 " the people, that might tend to increase the reputation of the Governor, party zeal and 
 " folly went so far as to give a political direction to a mathematical line. 
 
 " We learn from your Excellency's communications that measures have been taken, 
 " pursuant to the direction of the Legislature at their last Session, to ascertain the northern 
 " boundary line of this State, and that it can be established only through the medium of the 
 " national Government, and lrom the appearance of the error to be rectified, we are led to 
 " believe that the interest of our sister State of New York may be so iar affected by the 
 " measure as to require the co-operation of that State. 
 
 " Whether we would urge the enlargement of this State at the risk of lessening the 
 " State of New York, and perhaps of The United States, by transferring several settlements 
 " on the River St. Lawrence, is a question of the highest importance. Journal of the Jis- 
 r * sembly for 1806, p. 39." 
 
11 
 
 " What shall be said of their question of the highest importance ? Appendix 
 
 " It was in fact a question of the lowest insignificance. ou lino of hi 
 
 " There was no probability either in theory, operation or effect, that rectifying the 
 " northern boundary of Vermont, could either lessen the State of New Fork, or transfer 
 " any of the settlements of the River St. Lawrence, and there was no place in The United 
 " States but the brain of an intriguing politician, in which a mathemical line could have 
 " been attended with any such risk, or have produced any such disturbance. 
 
 In the Laws of the State of Vermont, published by order of the Legislature, and 
 printed at Randolph, 1808, vol. ii. p. 74, title, " Boundaries of the State," we find at 
 large the Law referred to by Dr. Williams, in one of the above extracts, which Law is as 
 follows, viz. : 
 
 " An Act impowering the Governor of this State (Vermont) to ascertain the north- 
 " em boundary of this State, passed 8th November, 1805. 
 
 Section I. — " It is hereby enacted by the General Assembly of the State of Ver- 
 " mont, that the Governor of this state for the time being be, and he is hereby authorized 
 "and empowered to employ some person of competent knowledge, together witli such 
 " Assistants as he may deem necessary, to ascertain, by celestial observations, where the 
 " 45th degree of north latitude crosses Lake Memphremagog, and where the same intersects 
 " Connecticut River, and how far a parallel of latitude extended east and west from said 
 " points, will deviate from the present boundary line. 
 
 Section 2. — " That for the purposes aforesaid, there be, and there is hereby appro- 
 " priated a sum not exceeding three hundred dollars, and the Treasurer is hereby directed 
 " to pay the same." 
 
 From the " New York Commercial Advertiser" of the 30th October, 1806, is 
 taken the following extract from Governor Tichenor's speech delivered before the Legisla- 
 ture of Vermont on the 11th of that month, referred to by Dr. Williams : 
 
 " I have the satisfaction to announce, that the measures taken by the Legislature at 
 " their last Session, to ascertain the northern boundary of this State, promise a very valua- 
 " ble acquisition. Conformably with the power vested in me by the Act for that purpose, 
 " I appointed Dr. Williams to ascertain the true divisional line between this State and the 
 " Province of Lower Canada, which by a course of astronomical observations made 
 " near the ancient monument of Connecticut River, he found to be nearly 14 miles south of 
 •' the latitude of 45 degrees. 
 
 " At the Lake Memphremagog the present division line was found to be more than 
 " seven miles south of what it ought to be. 
 
 " From these observations the result is, that this State has been out of possession 
 (owing to the error in establishing the divisional line) of a tract of land equal to thirteen 
 townships. 
 
 " The acknowledged experience and profound science of the person employed for 
 " that purpose, warrant the belief that his observations are without material error. The 
 " report which has been made to me on this subject, together with the map that accompa- 
 " nied it, shall be laid before you. So large a tract of land winch on the settlement of the 
 " line, would probably fall within the jurisdiction of this state, appears to be an object worthy 
 " of your attention. The object can only be effected by an application to the executive of 
 " our National Government." 
 
 Thus much for the satisfaction with this old line on the part of the State of Vermont, 
 that had acquired a great proportion of the interest of the State of New York in thfs 
 
 question. 
 
 Let us now turn our attention to Canada — On the 22d January, 1807, the following 
 report was made by the Surveyor-General of the Province of Lower Canada, to the then 
 \dministrator of the Government of that Province, viz. 
 
 " In obedience to your Honor's orders by Mr. Secretary Ry land's letter of the 1st 
 
12 
 
 Appendis. et December last, ordering a copy of the Plan of the division line heretofore established be- 
 oidiiDoofiati- " tween the then Provinces of Quebec and New York, together with any other documents 
 " relative thereto that are of record in this office ; 
 
 " I have the honor to report that this line was established by actual measurement in 
 "the field, and its position ascertained by astronomical observations in the years 1771, 
 " 1772, 1773, and 1774, by order of the Governments of the then Provinces of Quebec and 
 " New York, as will more fully appear by the Plan and Division Line accompanying this 
 " Report, taken from the original record in this office, together with a copy of Lieutenant- 
 " Governor Cramahe's instructions to John Collins, Esq., the then Deputy Surveyor-Gen- 
 " eral, relative thereto. 
 
 " Humbly conceiving it my duty to state every particular that may tend to throw 
 " light on this subject, and In order to be more explanatory, I have accompanied this Re- 
 " port, with a plan of part of the Province on a reduced scale, on which is delineated the 
 " boundary line between this Province and the States of New York and Vermont, agreeable 
 " to the actual surveys of the several townships set off on that line, by which its due course 
 " and position is accurately ascertained. 
 
 " This line is evidently crooked in the field, and inclines in some places south, and 
 " others north ; but after having carefully calculated its exact distance from this city, (the 
 " latitude and longitude of which has been perfectly well established from repeated astro- 
 " nomical observations) and considering it as a fixed point of departure, it would appear 
 " that this boundary line encroaches on this Province, above three geographical miles at the 
 " Connecticut, and about one mile on the meridian of Montreal, which nearly agrees with 
 " the actual surveys that have been made between the River St. Lawrence and the Province 
 " Line ; this also corresponds with a Letter written to me in August, 1805, by Mr. Jesse 
 " Penoyer, Deputy Provincial Surveyor, a copy of which I beg leave to subjoin to this Re- 
 " port, conceiving the information therein contained of importance to Government, particu- 
 " larly after the steps which have been taken by the Government of Vermont State to prove 
 " and ascertain the exact position of the Province Line, and also in consequence of the 
 " encroachments he mentions, have, or are likely to take place by the Government of New 
 " Hampshire and Province of Maine, in granting of lands which they mistakenly conceive 
 " to be within their limits, which are within the frontiers of this province, which circum- 
 " stance arises from the height of land, (which is the boundary) not being as yet ascertained 
 " and fixed by both Governments, agreeable to the definition of Treaty between Great 
 " Britain and The United States of America." 
 
 " Mr. Penoyer must have been well informed, if I may judge from part of the Go- 
 " vernor of Vermont's speech announcing the considerable error, which Dr. Williams found 
 " in the position of the province line. 
 
 " That gentleman was employed by that state to take astronomical observations on 
 * the line, and found it to be on the Connecticut River nearly 14 miles south of the latitude 
 " 45°; and at Lake Memphremagog found the said line to be more than seven miles south 
 " of what it ought to be, and therefore considered it as a very great encroachment on 
 " that state ; which I conceive to be highly improbable, but without calling in question that 
 " Gentleman's scientific abilities, I can only attribute his error, (so I must call it) from the 
 " want of correct and suitable instruments, which I was informed was the case. 
 
 " But admitting, for a moment, that the line was fourteen miles too far south at the 
 " Connecticut, and seven miles at Lake Memphremagog, in that case, by a line running in 
 " the direction of those two fixed points, establishing the parallel 45°, till intersected by the 
 " River St. Lawrence, would cut off a much greater portion of the State o'' New York, than 
 " of this province, and comprehend within our limits several townships on the south side of 
 
13 
 
 " said River St. Lawrence, now within the State of New York, which I am informed are in Appends 
 " part settled. 
 
 r Old hue of Ian- 
 
 The letter from Mr. Penoyer, alluded to in the foregoing report, is in the following tud <> 16> - 
 
 words: 
 
 "Quebec, Oth August, 1805. 
 " Joseph Bouchette, Esq. Surveyor General, &c. &c. 
 « SIR, 
 
 " On a tour which I lately made through a part of Vermont and New Hampshire, 1 
 " was informed by the Surveyor-General of Vermont that the Legislature of that State had 
 " requested that Congress should take measures to have the line between Vermont and this 
 " province traced and examined, conceiving that it was crooked, and not on the ground or 
 " place where it ought to be ; that in fact it was too far south. Mr. Whitlaw (the Gentle- 
 " man above alluded to) asked my opinion on the subject, which I freely gave him as 
 " follows : 
 
 *' That some time about ten years ago, I had occasion to make some observations 
 '« on the line near Lake Champlain, and from the best observations I could make, I judged 
 " the line, at that place was too far to the northward about one and a half geographical 
 " miles. That I had traced the line upwards of sixty miles to the eastward of Lake Cham- 
 " plain, and that I had found the said line to be crooked. 
 
 " That when in New Hampshire, I was present at the meeting of the Legislature of 
 " that State, and saw a number of gentlemen who were making application for the Lands 
 " which they conceived to be in the frontiers of that State, but by a Plan which they then 
 " shewed me the most of the land they were applying for is evidently within our province. 
 
 " I was also then informed, that the same gentlemen had, or were about to make 
 " application for a quantity of Land in what they mistakenly took to be the Frontiers 
 " of the Province of Maine." 
 
 Now it cannot be doubted that this mutual dissatisfaction with re- 
 gard to the line of 45 degrees north latitude, as formerly run, both on the part of Vermont 
 and of Canada, was well known to the two National Governments at the time of the Treaty 
 of Ghent, and consequently to the negotiators of that Treaty, and was one of the causes 
 that led to the framing of the Fifth Article of that Treaty, under which the present com- 
 mission was instituted. 
 
 No. 7. 
 
 Extract from the American Agent's " Claim and Opening Argument" laid before the Com- 
 missioners under the 5th Article of the Treaty of Ghent, relating to the old Survey of the 
 parallel of 45° North. 
 
 " At a Council held at Fort George, in the City of New York, on Wednesday, 
 the 1st day of December, 1773. 
 " Present, 
 " His Excellency WILLIAM TRYON, Esq. Captain-General, &c. 
 Mr. Watts, Mr. White, 
 
 Mr. Delancef, Mr. Cruger. 
 
 Mr. Smith, 
 " His Excellency laid before the Board a journal of the proceedings of John Col- 
 " Uns, Esq. Surveyor on the part of the Province of Quebec, and Claude Joseph Sauthier, 
 " Esq. Surveyor appointed on the part of this Province for running the line between the 
 
 E 
 
14 
 
 Appendis. « Governments of New York and Quebec, westward from Lake Champlain in the latitude 
 
 oid une of lati- " of 45° north to the River St. Lawrence with a chart or map of the said line as far as the 
 " same is run. As also a letter from Mr. Collins, dated at Montreal, the 22d October 
 " last, acquainting his Excellency that the wet season, which continued many days, pre- 
 " vented their completing the survey ; that they had advanced fifty miles west of Lake 
 " Champlain, when they found themselves in want of provisions, and the means they made 
 " use of to obtain fresh supplies disappointed, and that he is of opinion the distance left 
 " unsurveyed does not exceed ten miles." 
 
 This line, thus surveyed and marked from Connecticut River to within a few miles 
 of St. Regis (and it need not here be said that it was done in a manner unusually calculated 
 to attract notice), became from that moment the known and established boundary between 
 Quebec and New York. A Map of this line was made by the Surveyors, and deposited in 
 the Public Records. Grants were immediately made upon it, and it was considered by 
 both Provinces as the limit of their respective Possessions. Up to the time of the Treaty of 
 1783, no dispute existed concerning it, and there was no reason to believe that, in the form- 
 ation of that Treaty, any other Boundary on that latitude entered into the imagination of 
 any human being, except the small part of it, which passes East to the point intersected by 
 that portion of Connecticut River, now called Hall's Stream, and which was by implication 
 cut oft", when the northwesternmost head of that Stream, and of course the stream itself, 
 was, as has been already shewn, adopted as the boundary, and also the small portion remain- 
 ing unsurveyed in the vicinity of St. Regis. 
 
 No. 8. 
 
 Extract from an act of Assembly of the Province of New York, passed 1 st of April, 
 1775. — [From a document communicated by the Government of The United States to the 
 British Minister at Washington, on the 30th December, 1828.] 
 
 An Act for the payment of the Salaries of the Several Officers of this Colony, and 
 other purposes therein mentioned. 
 
 Be it enacted by His Honour the Lieutenant Governor of the Council and the Gen- 
 eral Assembly, and it is hereby Enacted by the authority of the same, that the Treasurer 
 of this Colony shall, and hereby is directed and required to pay ** * * * ******* 
 
 Unto John Collins for completing the extension of the Boundary Line between this 
 Colony and the Province of Quebec, to Lake Saint François, agreeable to a resolution of this 
 House, the lGth of March last, the sum of eighty-five Pounds. 
 
 No. 9. 
 
 Remarks upon Captain Partridge's Barometrical Observations. 
 
 As it is possible that The United States may, in their Second Statement, refer to the 
 barometrical observations carried on by Captain Partridge, it is deemed advisable on the 
 part of Great Britain to annex to her Second Statement the following extract from the 
 " Reply" of the British Agent laid before the Commission under the 5th Article of the 
 Treaty of Ghent. 
 
15 
 
 In the year 1819, the proceedings of the Surveyors on the part of The United States Ap p.»dix. 
 assumed another aspect, the principal feature of them being a course of barometrical opera- 
 
 tions by Captain Partridge. With regard to these barometrical operations of Captain Par- ba™i»SSiï*îb- 
 
 .1 • /* • i ifcrvûtiont. 
 
 tridge, it may, without any pretensions to more than a very superlicial acquaintance with 
 this branch of pneumatics, be observed, that the results of operations of this nature will be 
 more or less accurate according to the nature of the objects to which they are applied; 
 they may be resorted to with considerable accuracy for determining altitudes, when a num- 
 ber of observations are made at the same time at both stations, whose difference of altitude 
 is to be ascertained, with barometers very accurately constructed ; and also, in places where 
 an accurate journal is kept for a length of time, from which the average height of the barom- 
 eter for a whole year may be ascertained with tolerable accuracy, the height of such places 
 above the level of the sea may be determined ; the average height of the barometer at the 
 level of the sea having been ascertained by requisite observations in various places. In pro- 
 portion as these circumstances are wanting, the more uncertain such results must necessa- 
 rily be rendered ; by attending to the principle upon which these operations depend this will 
 be readily perceived. The. change of the height of the barometer, or of the length of the 
 column of mercury, will determine the difference of level between two stations ; but the 
 latter is more than 10,500 times as much as the former, that is to say, if there should be an 
 error of one-eighth of an inch in the height of the barometer, it would produce a correspond- 
 ing error of 109 feet in the difference of the height of the two places, and so in proportion 
 for any error of greater magnitude in the height of the barometer. There must not only be 
 a careful observer, but it is requisite, also, that the instruments should be very accurate ; and, 
 although the mountain barometers devised by Sir II. Englefield are undoubtedly very useful, 
 on account of the facility of their transportation, yet it must be remarked, that they are 
 found to be by no means very accurate, even when made by the best artists, but when made 
 by inexperienced artists, and furnished with scales imperfectly divided, as was the case with 
 those which were, upon the present occasion, used by Captain Partridge, it is obvious that 
 they are in a proportionable degree the less to be depended upon. 
 
 Some of the results of his observations, on the present occasion, it was evident, from 
 the very face of them, to those who had any knowledge of the Country, were so erroneous, 
 that it has led to these inquiries; by which it was further ascertained, that the method pur- 
 sued by Captain Partridge in making his barometrical observations could, by no means, be 
 depended upon for correct results. Instead of making observations at both stations at the 
 same time,* he makes them in succession, removing his barometer from one place to ano- 
 ther, and remaining at each place so long only, as, in his opinion, would enable him to de- 
 termine the law of the atmospherical change of the barometer. Now, it must be seen, by 
 any attention to the subject, that where such small quantities are concerned this determina- 
 tion must, be exceedingly difficult even if the changes of the atmosphere were wrought b\ 
 the same causes, in the same manner, for a considerable space of time. It is true that in 
 such cases however uncertain and complicated the law which the pressure of the atmos- 
 phere follows might be, the changes for a short space of time might be considered as uni- 
 form. But it is well known that the changes of the pressure of the atmosphere are sudden, 
 variable, and sometimes very considerable, and seldom uniform for any length of time; and 
 the determination of the difference of level between two places, situated at a distance from 
 each other, where an allowance is made for a change of the atmosphere upon a supposition 
 
 * For the mode In practice of ascertaining heights by the barometer, vide : a Paper No. XL1II, entitled. 
 " Estimate of the height of the White Hills in New Hampshire, by Nathaniel Bowditch," published in the me 
 moirs of the American Academy of Arts and Sciences at Boston. 
 
16 
 
 Appendix. 
 
 of the uniformity of such changes must be considered as very doubtful. In the instances of 
 ba&J^K the heights of Temisquata Lake, above the mouth of Madawaska River, and the River Des 
 Chutes, as given in Captain Partridge's Report, and repeated in the Table annexed to the 
 opening argument of the Agent of The United States, Lake Temisquata is said to be 1 34 
 feet above the mouth of Madawaska River, and the mouth of Madawaska River to be 240 
 feet above the mouth of the River Des Chutes. It is obvious that this statement, in one or 
 other of these instances, must be greatly erroneous : — Lake Temisquata, it must be known 
 to ev«ry one who has passed it, is almost a dead level ; its height above the Madawaska River 
 must be entirely owing to the descent of this River. This River, which for about twenty 
 miles below the Lake has very little current, scarcely perceptible, which for the last ten 
 miles is but in a small degree increased, and has only one rapid or small fall at its mouth, is 
 made to descend 1 34 feet in thirty miles. The distance from this mouth to the River Des 
 Chutes is stated in the same table to be seventy-five miles, not one mile of the whole of 
 which distance has so little current as the first 20 miles of the Madawaska River, and there 
 are several rapid places a few miles below the mouth of Madawaska River ; and below the 
 Great Falls there are several very strong rapids, among which are the White Rapids, Rapide 
 des Femmes, &c; and the whole descent is said to be only 240 feet, from which eighty feet 
 must be deducted for the Great Falls ; so that in the Madawaska River, the waters of which 
 are as above described, the difference of level would in 30 miles be 1 34 feet ; while in the 
 whole distance of seventy-five miles from thence, in which the waters are also as above 
 described, the whole difference is made to be 240 feet only ; from which deducting eighty 
 feet, a moderate allowance for the difference of level of the two landings at the Great Falls, 
 there would remain only 160 feet gradual descent between the mouth of the River des Chutes 
 and the mouth of the River Madawaska, seventy-five miles distant from each other, of wa- 
 ters of the description in this behalf above mentioned. This error, great as it must be, in 
 one or other of these instances, is easily accounted for from the considerations above 
 stated, but it demonstrates that no dependence whatever can be placed upon the results of 
 barometrical operations thus conducted, and with such instruments. 
 
 It cannot be considered as altogether impertinent on this occasion to state the 
 results of estimates for a similar purpose, made by Dr. Williams, who, in the 27th page 
 of his first volume of his History of Vermont, states them as follows, viz. — " Descent 
 " of water from that part of Lake Champlain, where the current begins at St. John's, 
 M a distance of fifty miles, estimated at twelve inclus to a mile ; fifty feet falls between St. 
 " John and Chamble, estimated, forty feet, — descent of the water from the basin of 
 " Chamble to Quebec, a distance of one hundered and eighty miles, estimated at twelve 
 " inches to a mile, 180 feet." 
 
 Nor will it be considered as impertinent to make the following extract from Dr. 
 Belknap's History of New Hampshire, on the subject of the currents of rivers ; who, in 
 the 49th page of the third volume of this History, states, that, " From a series of obser- 
 " vations made by James Winthrop, Esq. on the rivers of New Hampshire and Vermont 
 " he deduces this conclusion ; that the descent of our rivers is much less than European 
 " theorists have supposed to be necessary to give a current to water. In the last hun- 
 "dred and fifty miles of Connecticut River, it descends not more than two feet in a mile. 
 " Onion River for forty-three miles from its mouth, falls four feet in a mile, and is ex- 
 '« ceedingly rapid between the cataract». We may reckon the shore at Quebec to be at 
 " the level of the sea, and two hundred miles from that part of Lake Champlain where the 
 " current beings. The difference of elevation will be three hundred and forty two feet, 
 " or twenty inches to a mile 
 
17 
 
 barometrical ob 
 
 sotvalioni*. 
 
 " If we extend our comparison from Quebec to the top of the Green Mountains at Appo """ 
 " Williamston, the elevation will be 1666 feet, and the distance about 320 miles, whirl» is <•»„. ly,,,..^, 
 " five feet two inches and a half to a mile." 
 
 The result of Captain Partridge's barometrical operations gives nearly four feet and 
 a half descent to a mile in the comparatively still waters of the Madawaska River ; and about 
 two feet to a mile in the comparatively rapid stream from the Madawaska River to the River 
 Des Chutes ; and thus making the descent in the Madawaska to be more than in the " ex- 
 ceedingly rapid" Onion River, in the State of Vermont, which it appears falls not more than 
 four feet in a mile for forty-three miles from its mouth, all the cataracts included. Captain 
 Partridge makes the surface of the River St. John at the mouth of the River Des Chutes to 
 be 15 feet above the surface of the St. Lawrence at Quebec, or the level of the sea in that 
 quarter. 
 
 The Des Chutes is 190 miles distant from the mouth of the River St. John in the 
 Bay of Fundy. It must be thought a very moderate estimate, probably far within the fact, 
 to allow a descent of one foot per mile in the waters of the St. John from the Des Chutes to 
 the mouth of the St. John, considering the falls and rapids that exist in this river below the 
 Des Chutes, this would make the whole descent 190 feet. From this take 15 feet, the 
 height of the St. John, as stated by Captain Partridge, at the mouth of the Des Chutes, 
 above the surface of the St. Lawrence, and the result of Captain Partridge's observations 
 would be to make the level of the sea in the Bay of Fundy 175 feet below the surface of 
 the River St. Lawrence at Quebec, and below the level of the sea in the Gulf of St. Law- 
 rence, from which the Bay of Fundy is separated only by a low and narrow isthmus ; and 
 it is generally allowed that there is but a small difference in the level of the waters on each 
 side of this isthmus. Such results must destroy all confidence in these operations. 
 
 It is evident that there is no proof before the Board, that Beaver Stream is higher 
 than the mouth of the River Des Chutes, but we may go further and convince ourselves 
 that Beaver Stream must be lower than the River Des Chutes. It will not be contended 
 that there is any difference in the level of the waters in the River St. Lawrence at and be- 
 low Quebec and in any part of the Gulf of St. Lawrence, and it is allowed on all hands, as 
 above stated, and actual observations have partially proved, that there is no considerable 
 difference in the level of the waters of the Bay of Fundy and the Gulf of St. Lawrence. 
 This indeed is sufficiently indicated by the lowness of the land on the Isthmus that separates 
 them. Let it be supposed then that the Beaver Stream, where the due north line intersects 
 it, is only equally high with the Des Chutes at its mouth, the distance of the Beaver Stream 
 from the St. Lawrence, if it do communicate with that river, cannot exceed 40 miles ex- 
 clusive of the lakes which may be considered as dead level. Upon these data the compari- 
 son between the descent of water in the Beaver River and the St. John would stand thus : 
 
 Supposed descent in a mile of the 
 
 River St. John below the 
 
 Des Chutes. 
 
 Elevation of the mouth of the 
 
 De» Chutes above the Bay 
 
 of Fundy. 
 
 Comparative descent in a mile 
 in Beaver River or sup- 
 posed River Metis. 
 
 1 foot 
 
 2 feet 
 
 190 feet 
 285 . . 
 380 . . 
 
 4£ feet 
 »* • • 
 
 From this it is clear that the least supposition that can reasonably be admitted, of 
 the descent of the St. John below the Des Chutes, gives, on the supposition of an equal 
 height abovt the level of the sea, a descent of 4£ feet in a mile in the River Metis, and that 
 the supposition of an equal descent in the St. John below the Des Chutes, with that of Con- 
 
 F 
 
IB 
 
 Append,!, necticut River, for the last 150 miles, namely, a descent of 2 feet in a mile, a supposition by 
 cpu Partridge no means improbable, and most likely rather below than above what is actually the fact, 
 scV^rÔM? 1 ° b " even allowing for the flowing of the tide in the St. John some distance from its mouth, gives 
 9 1 feet descent of the River Metis in a mile. Now that the River Metis has great falls in. 
 it, or is very rapid in its course, is not at all known to be the case ; the Surveyors, as far as 
 they have seen what they supposed to be this River, describe it as a smooth stream, with 
 Beaver meadows, and having no where a strong current; and if this be the true River 
 Metis, it probably continues of the same description all the way to the St. Lawrence. That 
 even the smallest descent in the above table, namely, a descent of 4| feet in a mile, is far 
 greater than the fact, must appear clear to any one at all acquainted with the currents of 
 rivers, and especially when we attend to the current of Onion River, in which, rapid and 
 filled with cataracts as it is, Mr. Winthrop finds the descent for the last 43 miles to be only 
 4 feet in a mile. Thus it seems reduced to an absurdity to suppose that the elevation of 
 Beaver Stream where the north line intersects it is greater or as great as that of the River 
 St. John at the mouth of the Des Chutes. 
 
 The above observations are made not from any dissatisfaction with the general re- 
 sult of Captain Partridge's barometrical surveys, which is favorable to His Majesty's claim,* 
 but to shew how little dependence can be placed upon surveys conducted under such cir- 
 cumstances, especially where the gradual rise or descent of so extensive a tract of country 
 is the object of inquiry. 
 
 No. 9. [10.] 
 
 Remarks upon the '' Appendix to the First American Statement," containing " Observations 
 on, and objections to, the Topographical Evidence." 
 
 I. 
 
 Maps, &.c. filed with the Commissioners under the Fifth Article of the Treaty of Ghent. 
 
 J. — (JVo. 7 in Mas D. — Appendix to First American Statement, page 42.) 
 
 Air. OdeWs Survey of the Restook, with a Sketch af the Country as viewed from Mars Hill, 
 
 and the vicinity of Houlton Plantation. 
 
 The sketch of the country extending westwardly from Mars Hill delineated on Mr. 
 Odell's map of the Restook is objected to by The United States; the whole sketch is called 
 a fanciful representation, and the Highlands represented on it are declared to be fictitious. 
 In answer to these very strong expressions it is to be observed that Mr. Odell when the 
 correctness of his delineations was first called in question by the Agent of The United 
 States, in obedience to a direction from the British Commissioner, proceeded to the place 
 where the Board of Commissioners was then in session, that he might be examined on oath 
 respecting the accuracy of the various reports and plans presented by him to that Board. 
 The satisfaction of thus attesting by a solemn oath the correctness of his reports and plans 
 
 * By Captain Paitridge's résulta, the north peak of Mars Hill is made to be 1378 feet, and the south peak 
 to be 1519 feet above tide water in the St. Lawrence, and both to be considerably higher than the highest land oa 
 the grand portage. By the same results it appears, that the ground gradually rises from the River St. John to the 
 top of Mars Hill, and that where the exploring line itrikes this Hill, the land is 538 feet above tide waUr in the 3t- 
 Lawrence. 
 
19 
 
 was denied him solely on account of the unwillingness of the American Commissioner to Appendix, 
 accede to the prayer in that regard made hy the British Agent. The particular sketch " 
 
 now objected to by The United States was a considerable length of time on the files of the ^tSulSj 
 Board of Commissioners without any remarks having been made against it, while the Brit- SjJfJïi Brit, 
 ish Agent had, a year before Mr. OdelPs map of the Restook was admitted on the files of the fc "" '' 
 Board, strongly protested against a map of Mr. Johnson, immediately after it was presented st'àt ^"un" 1 " 
 to the Board. It is therefore not easily understood with what right The United States can 
 object to his evidence except it could be proved that the observations upon which his sketch 
 was founded were physically impossible. The following remarks will, however, it is hoped, 
 sufficiently show, that the proof of this latter fact, though attempted by The United States, 
 is not borne out by the circumstances of the case. Mr. Odell had seen the very prominent 
 points, the great landmarks, which are numerous in that country (all contained in the list of 
 112 terrestrial objects observed from Mars Hill by Mr. Johnson), not only at Parks's place s.ïï: l"W 
 and at the station on the Restook, one of these places being south, the other northwest of 
 Mars Hill, but he had likewise seen those objects two successive years from Mars Hill, 
 which was visible both at Parks's and at the station on the Restook. It will be seen by 
 Mr. Johnson's list that some of these heights are of such an elevation, that they must have 
 been easily identified at those stations. The relative situations of two of these stations to 
 each other, i. e. Parks's Place and Mars Hill, was very accurately known, and that of the 
 third, on the Restook, to these two very nearly so, and, considering their distance, it is clear, 
 that a good common compass, with which Mr. Odell was always provided, was quite suffi- 
 cient to ascertain, with a tolerable degree of accuracy, the position of various conspicuous 
 heights, by which the minor elevations visible to the eye could be afterwards laid down. At 
 Mars Hill Mr. Odell had besides two different stations on two peaks whose distance served 
 as a base line, and the use of a Theodolite. How convenient these stations were, in the 
 opinion of Mr. Johnson the Surveyor of The United States, for ascertaining the heights and 
 distances of various peaks, may be judged from his having ascertained, by these two stations 
 only, the elevation and distance of no less than 112 such objects, some of which were be- 
 tween fifty and sixty miles distant from them. Several of these objects thus observed at 
 Mars Hill had been before observed by him at Parks's Place, and he expressly remarks, 
 that the observations made there confirmed those subsequently made at Mars Hill. Many £»• »» 
 of the high objects were again seen by him, even from Green River Mountain, which is 
 much further distant than the station on the Restook, and perfectly identified. It is, there- 
 fore, quite clear that Mr. Odell had ample means, both by his stations and the particular 
 natu're of the ground, to ascertain the position of a sufficient number of distinct points, by 
 which he could be guided in the delineation of the smaller objects lying in various relative 
 positions to some of those more prominent land-marks. It must, however, cause some 
 surprise, that the remarks in the American statement, after the flat denial, that the high- 
 lands de'lineated by Mr. Odell could not have been seen for want of proper surveys, should 
 mention the " upper branches of the Restook, and the various tributary streams of the Pe- 
 « nobscot, by which the country is intersected in every direction," as these could have been 
 far less the objects of distant observations of the surveyors. 
 
 Ibid. p. 82, 
 
 2.—(JVb. 9 in Mas D. Appendix to First American Statement, p. 43.) 
 Mr. CampbelPs Sketch of the Height of Land. 
 
 The British A°-ent made for Mr. Campbell the same application to the Board ot 
 Commissioners, which he made on behalf of Mr. Odell, viz. : that he might be examined on 
 
20 
 
 Appendix* 
 
 i oath respecting the accuracy of his delineations ; this application was, in like manner, re- 
 Mn'itaei^oM jected by the American Commissioner. Mr. Campbell was on Cathadin mountain in the 
 ëvideTef Phical month of October 1819, during a clear day, and in March 1820, he explored again the 
 vicinity. Cathadin affords, on account of its great height, a most extensive prospect, and 
 a m Brit fr° m tne t0 P of '*» ^ ars * 1 ' 11 is eas ''y recognized. No time of the year is more favorable 
 siat. p. m. £ or eX pi or i n g a woody country than the season chosen by Mr. Campbell for his explora- 
 tions, the month of March, the atmosphere being then generally clear, and the trees without 
 ibid, p. 72, 88. i eaves • Mr. Campbell had likewise repeatedly been at Mars Hill in company with the 
 other Surveyors. He, therefore, had more and better opportunities of observing the nature 
 of the country than any other Surveyor, and he has evinced his readiness to give the sanc- 
 tion of an oath to the results of his different explorations. These results are, besides, in a 
 remarkable degree, confirmed by the testimony of The United States' Surveyor, Mr. Lo- 
 ring, who subsequently ascended Cathadin mountain, although under circumstances, by 
 ibid. p. 147. y s owq con f ess i on> ijttle favourable. Mr. Loring expressly mentions the several mountains 
 and clumps of mountains between Cathadin and Mars Hill, and says, that this mountainous 
 character belongs to the whole country seen from Cathadin in the direction from 1 5° E. to 
 S. E. Under such circumstances, it is evident that nothing could have induced The United 
 States to object to the evidence of Mr. Campbell except the inconvenience of admitting 
 what was so strongly in support of the British Claim. 
 
 3._(Nos. 13, 14, 15, 23, 24, 25, 26, in Atlas D. Appendix to First 
 American Statement, p. 44.) 
 
 Messrs. Burnham's Tiarks' and Carliles Surveys of certain portages between the respective 
 Sources of some of the tributary streams of the River St. John and the River St. Lawrence. 
 
 In the remarks of The United States on these surveys it is asserted, that the valleys, 
 in which the heads of the rivers running in opposite directions approximate most to each 
 other, are mere gaps and notches in the continuous chain of highlands, which, according to 
 these remarks, actually do divide all along their course the waters so situated. Great Brit- 
 ain altogether denies this ; The United States have not adduced any evidence from the 
 Surveys in support of this quite gratuitous assertion, nor can a tittle of such evidence be 
 found in any one of the Surveys except perhaps in that part of Mr. Johnson's report, where 
 he pretends to describe the appearance of these dividing Highlands at the distance of an 100 
 miles from him. The correctness of this description is not less conclusively disproved by 
 the physical impossibility of the observation than by the subsequent explorations on the 
 ground. Great Britain contends that no chain of continuous highlands dividing waters has 
 been observed on the American line for the whole distance from the sources of the River 
 Metis to the spot where the waters of the St. John, Chaudière and Penobscot head toge- 
 ther, and that when a chain of any extent has been observed, it has invariably been found to 
 run at right angles to the general direction of the line connecting the points of division of 
 those waters. 
 
 4. — (No. 31 in Atlas D. Appendix to First American Statement, p. 44.) 
 
 Greenleaf's Map of Maine. 
 
 It is a most singular circumstance, that The United States, after having given in evi- 
 dence fifty-seven Maps, mostly of an old date, and almost all constructed by Europeans, in 
 
21 
 
 proof of the position of the Highlands, on which they found their claim, should object to Ap p„dii. 
 
 the latest and best particular Map of the now State of Maine, constructed by a citizen of 
 
 The United States, a native and inhabitant of that part of the country (Maine) on account f I!',',.', v.,, m 
 
 ' on I , ,jr»plii<.»> 
 
 of the absence on it of those ridges and mountains, and that they should found their objec- «»i<i«««- 
 tion on the declaration, that in 1815, the date of its first publication, that part of the coun- 
 try in which they are pretended to exist, had been but partially explored. The fact, how- 
 ever, is, that Great Britain, not wishing to rest her claim on the vague opinions of map- 
 makers, did not introduce this Map for the particular purpose to which the objections of 
 The United States are directed. The blue line on this map was intended to mark the 
 mountainous tract described by Greenleaf, in the quotation front his work, which appears in 
 the first British Statement, p. 25, and will be found to be drawn according to that descrip- 
 tion. The Map with this line upon it was for this purpose laid before the Commissioners, 
 and may therefore be used on this occasion under the provisions of the Convention of the 
 °Mh September, 1827. 
 
 II. — British Transcript of Map A. 
 
 Highlands. (Appendix to First American Statement, p. 45.) 
 
 The American objections to the Highlands marked on the British transcript of the 
 snap A have been already answered by the foregoing remarks on Mr. OdelPs and Mr. 
 Campbell's plans. 
 
 The United States remark, that " the dividing Highlands or ridges are delineated on 
 " the American transcript along both the conflicting lines in the same manner as they 
 " usually are in topographical maps ; by which delineation it is not intended to attach the 
 " character of mountains properly so called to such dividing ridges." 
 
 If it is meant by this observation to have it implied that it is the common usage of 
 compilers of maps, by such a delineation of Highlands, not to intend " mountains properly 
 so called," or lands distinguished by absolute elevation, but only lands dividing waters flow- 
 ing in opposite directions, whatever may be their positive height, Great Britain altogether 
 denies the correctness of the observation, and in support of this denial appeals to the mass 
 of maps given in evidence on this occasion by The United States, especially those of Ame- 
 rican compilation. It is evident throughout all these maps that the intention of such marks 
 is to designate hills and mountains, High Lands properly so called, which in very many 
 instances are made to cross rivers and streams far below their sources 
 
 Fief of Madawaska.— Appendix to First American Statement, p. 45. 
 
 The United States object that this fief covers in the British transcript at least three 
 times as much territory as is contained in the grant. The first ground of this objection is, 
 that the grant does not contain any land on the banks of the Temisquata Lake. The fol- 
 lowing are the words of the grant :— « Une étendue de trois lieues de terre U long de chacun ^ ^ ^ 
 » des -feux bords de la Rivière nommée Madoueska proche la Rivière St. Jean arec le lac ap- Sw \ P . m 
 " pelle Cecemiscouata et deux lieues de profondeur dans les terres." It is evident that the two 
 
 G 
 
22 
 
 Append!*, leagues inland in depth apply as well to the whole Lake Cecemiscouata, as to the extent of 
 ito i to Ameri three leagues in length along each bank of the River Madawaska, which are both mention- 
 ?wSkB ed before the depth of the grant inland is specified. This is the only construction the grant 
 Am. e Tr an3 cript will admit of. Of what use would be the grant of the water contained in the lake without 
 a single inch of the land on its borders ? The American transcript itself has given terri- 
 tory to this fief all around the lake, the same in depth as on the River Madawaska, although 
 the depth being only two miles, is altogether incorrect. Mr. Deane's deposition* proves 
 that Colonel Fraser, the present owner, is by virtue of this fief in possession of territory on 
 the Grand Portage on the Lake Temisquata, and claims under it " six miles all around the 
 lake." The United States next object that the leagues are of twenty-five to the degree. If 
 this be so, then indeed it will be necessary to reduce the represent ion on the British 
 transcript, on which the league is made equal to three British statute miles, in the ratio of 
 seven to six. 
 
 The United States still disposed to make every possible cavil against this Fief of 
 Madawaska, proceed to state an objection of a different character, namely, that .no evidence 
 has been adduced in any way proving that this Fief has, subsequent to the conquest of 
 Canada by Great Britain, been held of Canada according to the common acceptation of 
 that term. On tbis point The United States have themselves furnished evidence. The 
 Fief is described on the American transcript of the map A, as the " Ancient French 
 " Seigniory concession claimed by Colonel A. Fraser." And Mr. Deane deposes,! that 
 being at the grand portage leading from Temisquata Lake to the River St. Lawrence, in 
 the month of November 1828, under the authority of The United States, for the purpose of 
 ascertaining certain facts, he was informed by Colonel Fraser, who, as he states, 
 resided and claimed to be the owner of a Seigniory there, "that his title-deeds were 
 " at Quebec — that his title was derived through sundry conveyances from the French Go- 
 " vernment before the cession of Canada. That while possessed by the French Grantee, 
 " homage had been done three times at the Castle of St. Louis, according to the terms of 
 " the grant. That Dansville, a French officer, whether the original grantee, or not, he 
 " could not say, but the owner of it at the time of the conquest, sold this, with all his 
 " Seigniories in Canada, to Governor Murray, the first English Governor of Quebec. Go- 
 " vernor Murray sold them to Caldwell, and Caldwell bargained them to his father, and 
 " he, the present occupant, finally became the purchaser of this, and some Seigniories on 
 " the River Du Loup." Now, this description of the Fief on the American transcript, and 
 the facts ascertained by Mr. Deane, necessarily imply that this Fief continues, since the 
 conquest, to be held of Canada in the same manner as The United States are compelled 
 expressly to admit it was before that period. This description, and these facts, tally with 
 the documentary evidence adduced by Great Britain, and annexed to her first statement ; 
 and as The United States lay a stress on this point, Great Britain will, in this place, give an 
 abstract of the whole of that evidence. It consists of 1 5 documents — 
 
 1. The original concession dated 25th November, 1683, of the Fief of Madawaska, 
 su?. P ! na" ' from the Government of Canada to the Children of the Sieur Charles Aubert de la Chenaye, 
 
 subject to the Foi et hommage, which the Grantees, their heirs and assigns shall be holden 
 to render at the Castle of St. Louis of Quebec of which they are to hold, and subject to the 
 customary rights and dues in conformity with the Coutume de Paris. 
 
 2. An adjudication of the Prevotal Court of Quebec, dated 29th October, 1709, by 
 which it appears that the Seigniories of Rivière du Loup (situated on the south bank of the 
 River St. Lawrence) and Madawaska were seized by virtue of a sentence of the said Pre- 
 votal Court as a part of the real property (biens immeubles) belonging to the succession of 
 the said Sieur de la Chenaye, and were sold to Joseph Blondeau dit la Fianchise as the 
 
 * No. 67 in list of American written evidence communicated on the 30th Dec. J 828. t Ibid. 
 
 Ibid. p. 174. 
 
23 
 
 highest bidder at a public judicial sale for the, sum of 1300 livres, and were accordingly ad- *»"*'* 
 judged to the said Joseph Blondeau. tl ,. llly ,„ Air ,„„ 
 
 3. Act of Foi et hommage, 13th February 1723, rendered by the s>jd Joseph Blon- '"' Ï 
 
 Kf* villi' nrc 
 wherein his A >'f '■" "'" 
 Sut. p. 176 
 
 muniments of title to both these Fiefs are set forth at large, those for the Fief o*\l af ]awaska 
 being the aforesaid original concession of 25th November 1683. — and the aforesKd adjudi- 
 cation of the 29th October, 1709. 
 
 4. Act of aveu et dénombrement of the said Fiefs of Rivière du Loup and fr.qd a _ ibid, p . 179. 
 waska by the said Joseph Blondeau dit la Franchise, dated 15th February 1723, wherry 
 
 it appears that on the Fief of Madavvaska there was a domain, on which the buildings haa 
 been burnt down by the Indians, that there were about six " arpens" of land cleared, but at 
 that time no settled inhabitant. 
 
 5. An adjudication by the Prevotal Court of Quebec, dated 29th July 1 755, founded ,bid > f- "i 
 on what is called in the next succeeding document, a voluntary judicial sale (décret volontaire) 
 
 of the said fiefs of Rivière du Loup and Madawaska to Pierre Claverie. 
 
 6. Act of Foi et hommage, 19th March, 1756, rendered by the said Pierre Claverie iwd, p. ie3. 
 for the said fiefs of Rivière du Loup and Madawaska, wherein his muniments of title to both 
 
 fiefs are also set forth at large, those for the Fief of Madawaska being as follows : — The 
 original concession of the 25th November 1683, to the children of the Sieur de la Chenaye ; 
 the adjudication of the 29th October 1709, to Joseph Blondeau dit la Franchise ; the act of 
 fealty and homage of the 13th February 1723, and the act of aveu el dénombrement of the 
 15th February 1 r 23, by the said Joseph Blondeau ; an act of cession, dated 28th April, 
 
 1754, by the widow of the said Joseph Blondeau to her children by him ; an act of sale, 
 dated 21st October, 1754, by the said children and heirs of Joseph Blondeau to the said 
 Pierre Claverie ; and the voluntary judicial sale to thesaid Pierre Claverie of the 29th July, 
 
 1755. This act of Foi et hommage also states that the sale of the two fiefs had been made Klà p 187 , 
 in one lot and for one price, and in order to ascertain the droit du quint, payable to the 
 King's domain, according to the coutume de Paris, for the fief of Madawaska, the particular 
 
 price of that fief is by an amicable valuation estimated at 2316 livres 13 sols and 4 deniers, 
 being one-fourth part of the whole price of the two, upon which particular price only the 
 di.it du quint was to be payable, the. domanial dues upon the fief of Rivière du Loup being 
 of a different character, namely, a fine on every mutation of three golden ecus at the rate of 
 six livres each. 
 
 7. Receipt for the domanial dues on the said Fiefs of Rivière du Loup, and Mada- ,bid ' r ,8e 
 waska, dated 8th May, 1756. The dues on the Fief of Rivière du Loup, being as above 
 mentioned, three golden ecus; and the droit du quint on the sum of 2316?. 13s. 4d. the 
 particular price agreed upon for the Fief of Madawaska being 463Z. 6s. 5d. 
 
 8. Deed of Sale, dated the 28th July, 1763, from J. A. N. Dandanne Danseville n>id, p "" 
 and Marie Anne Dupéré his wife, she being the late widow and commune en biens of the 
 
 said Pierre Claverie, and also guardian of Marie Julie Claverie, with the consent of Marie 
 Anne Monny, grand-mother and co-guardian of the said Julie Claverie, and of Jaques 
 Perault, deputy guardian (Subrogé Tuteur) of the said minor, to His Excellency James 
 Murray, Governor of Quebec, of the said Fiefs of Rivière du Loup and Madawaska, such 
 as the whole belonged to the said Pierre Claverie, by the Deed of Sale of the 21st October, 
 1754, and the adjudication of the 29th July, 1755, which deed of sale and adjudication 
 with the ancient title deeds were handed over to the purchaser, the price being 40,000 
 livres tournois. 
 
 9. A deed of assignment, by Richard Murray, to Malcolm Fraser, dated 2d Au- n»d, p . i 9 . k 
 gust, 1 768, of an indenture of lease made by the above-mentioned General James Murray, 
 
 to the said Richard Murray and Malcolm Fraser. This assignment recites the above-men- 
 tioned indenture of lease as bearing date on the 10th May 1766, and as comprising the 
 seigniory of the River du Loup, situated on the south side of the River St. Lawrence, in 
 
24 
 
 Appendix. Die Province of Qu'Oec, and also "all that Fief of Madawaska on Madawaska River, in 
 ..._ « ih e sar d Provinc-" This deed of assignment is duly registered in the registry of the said 
 
 can observations j* - /* j-\. t\f>p 
 
 on topographical PrOVlUCe OJ QU oet - 
 
 e^' 1 "»- o, ^ lease from the said General James Murray to Henry Caldwell, dated 7th 
 
 April 1 77'» °f tne S£Ua Seigniories of Rivière du Loup and Madawaska, and also a Seign- 
 iory on ,a ^ e Champlain, a house in Quebec, another Fief in the Seigniory of Sillery, the 
 Seign ur y °f Lauzon, and " all and singular other the estates and possessions of the said 
 « j.mes Murray, in the Province of Quebec, in North America." This deed contains a 
 ause, that any grants in fee farm, made by virtue of a power for that purpose contained 
 in it, " shall be enrolled in some public office for enrollment of deeds at Quebec aforesaid" and 
 
 ibid, pp. a*. > 8 itself also duly registered in the registry of the Province of Quebec. It appears from 
 the indorsements upon it, and the papears annexed to it, to have been already produced 
 as evidence in the Circuit Court of the United States, for the State of Vermont, in the 
 year 1804, in a cause in which Mr. Henry Caldwell was plaintiff, probably for the purpose 
 of proving his title under it to the Seigniory on Lake Champlain, mentioned in it, as the 
 State of Vermont borders upon Canada in that quarter. In this deed, the Fief of Mada- 
 waska is described and treated as being in the province of Quebec, equally with all the 
 other estates on the banks of the St. Lawrence, in the city of Quebec, and on Lake 
 Champlain, mentioned in it. 
 
 ibid, P . 203 10. A lease from Henry Caldwell to Malcolm Fraser, dated 24th September, 
 
 1 782, of the Seigniory of Rivière du Loup and Madawaska, in which the lease above cited 
 of the 7th April, 1774, from General Murray to Mr. Caldwell, is referred to, and which 
 contains a similar provision that any grants in fee farm made under the power contained in 
 it, shall be enrolled in some public office for enrollment of deeds at Quebec. This lease is 
 also duly registered in the registry of the province of Quebec. 
 
 ib.d, p. 207. 11- An Act of Confirmation before a notary, dated 27th December, 1786, of the 
 
 above cited Lease of the 24th of September, 1782, from Henry Caldwell to Malcolm 
 Fraser. This Act is done and passed at Quebec, and is stated expressly to be so done, 
 because, by the laios of that country, it was proper, and might have been necessary, that «he 
 said lease, which it confirms, should have been passed before one or more notaries. This 
 Act of Confirmation is also duly registered in the Registry of the province of Quebec. 
 
 Ibid p. 205. '^' k' st of Parishes, Seigniories, Fiefs, &c, in the Province of Quebec, extracted 
 
 from the Council Books of that Province for the year 1791. In this list, after the entry of 
 the Parish of Madawaska, is the following minute : — " Malcolm Fraser, Esq., reports a 
 " seigneurie to be in his possession, called Madawaska, near the River St. John, being of ex- 
 " tent three leagues on each side of the River Madawaska, together with the Lake Temis- 
 " couata, and two leagues in depth." Mr. Malcolm Fraser must have been so in possession 
 of the fief of Madawaska in the year 1791 under the title above recited. 
 
 ibid, p. as. 1 3. Deed of Sale from the Trustees and Executors of General James Murray to 
 
 Henry Caldwell, dated 21st June, 1802. In this deed are recited the will of General Mur- 
 ray, authorizing his trustees and executors to sell his estates in Canada for the benefit of his 
 son, and a power of attorney from the trustees and executors to the person who executes 
 the deed on their behalf, to appear before any notary or notaries in the Province of Lower 
 Canada, and to execute any conveyance that may be necessary according to the laws, sta- 
 tutes, usages, and customs of the said Province of Lower Canada. It then conveys the seig- 
 niory of Rivière du Loup, and Fief of Madawaska, together with the other particular parcels 
 of property which are mentioned in the. above lease of the 7th April, 1774, (No. 11, ;inte), 
 and all " other the estates and possessions late of him the said James Murray, deceased, in the 
 '* Province of Quebec (now Provinces of Upper and Lower Canada,) in North America." 
 
25 
 
 This deed is according to the forms of Canadian Law, duly passed before a notary Appmdi*. 
 at Quebec. 
 
 14. An agreement between Henry Caldwell, and Alexander Fraser, dated 8th Oc- •" '&£/w 
 tober, 1801. This agreement states that Mr. Caldwell had made an agreement with the*'" 1 
 
 App l»t Brit. 
 
 trustees and executors of General Murray, for the purchase of all his property in Canada, Slut |,-ais ' 
 and contains a covenant on his part, in consideration of the sum of 1766/., sterling money 
 of Great Britain, received by him from Alexander Fraser by the hands of Malcolm Fraser, 
 (as soon as his purchase from the trustees and executors of General Murray is completed) 
 to convey among other things " the Seigniory of Rivière du Loup, and Fief of Madawaska, 
 " together with the Lake Temisquata, and the lands adjoining thereto, .... as particu- 
 " larly described in the original title deeds of the said Seigniory of the said Rivière du Loup, 
 " Fief of Madawaska and Lake Temisquata .... as the same was purchased by the said 
 " General James Murray of Mr. Dansville, which said lands and Seigniories arc situated in 
 " the said Province of Lower Canada, .... subject to certain indentures of lease made 
 *•• by and between the said Henry Caldwell, and the said Malcolm Fraser, bearing date the 
 " 24th day of September, 1782." This deed is also passed according to the forms of Cana- 
 dian law before a notary at Quebec. 
 
 15. Deed of sale from Henry Caldwell to Alexander Fraser, dated 2nd of August lm - f- '■'•' 
 1802, of the Seigniory of Rivière du Loup, and Fief of Madawaska, in pursuance of the 
 agreement last above cited (No. 14). 
 
 If this be not a regular and complete deduction of title to the Fief of Madawaska 
 under the original concession in 1683, and a continued and uninterrupted holding under the 
 province of Canada both before and since the conquest quite down to the present day, when 
 the last purchaser, Alexander Fraser, is proved, even by American testimony, to be in the 
 actual possession and enjoyment of the property under this claim of title, and subject to the 
 conditions of the original grant, Great Britain is at a loss to conceive what evidence can be 
 required for that purpose. But, say The United States, no acts of fealty and homage have 
 been done since the conquest. These feudal services, it is true, may, since the conquest by 
 Great Britain, have been suffered to fall into disuse with respect to all the lands in Canada 
 held en fief ; but the objection would equally apply to the Seigniory of the Rivière du Loup, 
 or any other Canadian Seigniory on the banks of the St. Lawrence, as to the Fief of Mada- 
 waska. 
 
 River St. John. — Appendix to First American Statement, p. 46. 
 
 The United States contend that the boundary along the River St. John, from its 
 source to its mouth, first proposed by the old Congress as the most favourable line which 
 they could obtain, was not intended to follow that river from its mouth to the spot now ac- 
 knowledged as its source, but was to run along the river now and always known by the 
 name of Madawaska River, and to its source beyond Temisquata Lake. This assertion is 
 not supported by any proof, and a reference to any map of any authority at that time will 
 shew that the extent of the River St. John westward, and the comparative smallness of its 
 northern branches, was so well known that the expression, " from its source to its mouth," 
 without any further description, could mean nothing but the whole extent of the River St. 
 John, nearly as at present known. Whether the source was actually at the spot now con- 
 sidered as such, or at the head of the western branch, is of such trifling moment in the pre- 
 sent argument, that it would be quite useless to discuss this particular point. The only 
 question of importance is, whether the old Congress, in speaking of the River St. John from 
 its source to its mouth considered that source to be on one of the western or one of the 
 northern branches, and all the maps will shew that the words " source of the St. John" 
 must refer to one of the western sources of the Trunk, or main River, contradistinguished 
 
 H 
 
20 
 
 Appends. f rom an y f ij g lateral branches, especially such a branch as the Madawaska River, which, 
 Reply to Amen it is in evidence, has been known, at least since the year 1683, the date of the original con- 
 onVpolîIpiS cession of the fief of Madawaska, by this distinct name. This interpretation is likewise the 
 one adopted by the American Commissioners, who concluded the Treaty of 1783. Ac- 
 cording to Mr. Adams's testimony, they understood, when advancing this claim proposed by 
 Congress, by the words which they used, the whole of the River St. John, as laid down on 
 Mitchell's map, and that map contains the name " River St. John," laid down near the 
 western sources. When the words made use of are so clear in indicating the whole of the 
 River St. John from its mouth to its source as the boundary, the single circumstance that 
 this river was only described as forming the eastern boundary, while it actually likewise 
 forms a part of the northern boundary, can evidently not have the effect which The United 
 States would seem to attribute to it. And it is to be further remarked that, although in the 
 original instruction of the Congress the St. John is described as the eastern boundary, yet 
 in the Report of the 16th August 1782, when the same instruction is under consideration, 
 the wish is stated that the north-eastern boundary of Massachusetts may be left to future dis- 
 cussion, and this north-eastern boundary can be no other than the River St. John, w'iirl; is 
 thus recognized as a northern as well as eastern boundary arising from its bend to the 
 westward. 
 
 Madawaska Settlement. — Appendix to First American Statement, p. 46. 
 
 The United States appear to throw out a doubt, whether it has been proved that the 
 Madawaska Settlement has been subject to the jurisdiction of Great Britain, from its estab- 
 lishment in 1 783 to the present day. Now, wherever the right to the Territory and Sove- 
 reignty of this tract of country may dwell, it is indisputable, and all evidence adduced on 
 either side on the present occasion concurs to establish, that the actual possession of it, and 
 the exercise of jurisdiction over it, commencing before the Treaty of 1783, has continued in 
 Great Britain quite down to the present day. The inhabitants, almost without exception 
 natural born British subjects, were, for the first time, included in the census of The United 
 States in the year 1820, and then amounted to upwards of 1 100 souls.* It cannot be de- 
 nied that this must be considered as an assertion of right on the part of The United Statesf 
 to this tract of country, whatever exceptions may lie to such a mode of asserting a right to an 
 actual British Settlement. But the actual British jurisdiction, first Canadian, then conflicting 
 between Canada and New Brunswick, and, since 1792, uninterruptedly New Brunswick, 
 but, nevertheless, all the while the jurisdiction of the King of Great Britain, in whose} name 
 it is uniformly exercised, has never been changed. The United States, under the provi- 
 sions of the present Convention of Reference, applied to Great Britain§ for authentic copies 
 
 * Sec extract from census for The United States for the year 1820. App. to 1st British Statement, p. 287. 
 In the column of the census in which the Matawaska Settlement is included, there are but two settlements of equal 
 amount. 
 
 t It appears also, that in 1825, the laud agents of the States of Maine and Massachusetts undertook to give 
 deeds of land to two American citizens in this SetUement, one of whom was on the point of being naturalized as a 
 British subject, and had actually received a bounty from the Province of New Brunswick for grain raised on the 
 land which he occupied, and of which these agents gave a deed ; at this very time also, as well as before and 
 since, the British laws, both in civil and criminal matters, being in force among 'he few American settlers, as well 
 as the natural born British subjects. See the history of this transaction in Mr. Barrell's Report. Appendix to 1st 
 British Statement, p. 252. 
 
 J Grants of land run in the King's name. See Appendix to 1st British Statement, Nos. 35, 36, and 37, pp. 
 254, 258, 260. So all judicial proceedings, see Trial of John Baker, ibid, No. 38, p. 266. 
 
 } See Mr. Barbour's Letter to the Earl of Aberdeen, 22nd September, 1828, American Statement, Written 
 Evidenee. No. 31. 
 
27 
 
 of certain documents which shewed particular acts of jurisdiction in this tract of country A 
 by the authorities of the Province of New Brunswick, and have obtained them ; and Great 
 
 Britain, on her part, has brought forward, and lays before the Arbiter, documents which dis- ^HXZ.Z'L 
 close the whole state or the tacts and the conflicting Provincial pretensions relating to it. <-'" 
 
 Communication between the British Provinces.— Appendix to first American Statement, p. 46. 
 
 The United States suggest that, when they have got possession of their own territory; 
 Great Britain will nevertheless be enabled to maintain the communication between her 
 Provinces, by opening a road from the Great Falls of the River St. John towards the St. 
 Lawrence, through her acknowledged dominions ; without any allusion to a circumstance 
 which appears by evidence they themselves have adduced,* that the least difficult commu- 
 nication even between the district of Gaspé, part of the Province of Lower Canada, and 
 Quebec its Capital, is by following up the Restigouche near to its source, then crossing to 
 the St. John, and thence by going by way of Temisquala Portage to the St. Lawrence, 
 would thus be placed within the territory of a foreign Power. The road proposed by The 
 United States to remedy the inconveniencies that would be experienced by Great Britain, 
 from a decision in favour of the American claim would find none of the facilities derived 
 from following the valleys of rivers, at least until reaching the head waters of the River 
 Metis, flowing into the St. Lawrence. The road would be upwards of one hundred miles 
 in a direct line from the Great Falls of the St. John to the St. Lawrence, and it would have 
 to traverse a country densely covered with forests, interspersed with numerous morasses, 
 and totally destitute of any other inhabitants than a few straggling Indians ; it must also 
 cross the high banks of numerous rivers and deep ravines, and would necessarily present 
 obstacles to its formation, perfectly insurmountable by the present resources of the British 
 Colonies in that quarter. 
 
 III.— Hale's Map of New England. 
 Appendix to First American Statement, p. 46. 
 
 Some of the remarks made on the objections of The United States to Greenl< ;.i 
 map apply with equal force to those made against Hale's map of New England. This map 
 strongly confirms the two following positions» viz. 1st. That no settled opinion respecting 
 the northern boundary of the present State of Maine has ever existed in The United 
 States ; and, 2dly, That map makers having all facilities, and apparently honest intentions, 
 are not to be relied on in the delineation of lines of boundary. It was published in the 
 capital of a State greatly interested in this question, in the year 1826, ten years after the 
 discussions under the Treaty of Ghent had directed the attentton of the American public 
 to the subject of the northern boundary of The United States, and the delineation of vai i 
 ous rivers indisputably shews that the compiler had access to the maps constructed under 
 the authority of the late Commission, and yet the map presents a northern boundary of the 
 State of Maine, neither agreeing with the claim of The United States, nor with that of 
 Great Britain, and, consequently, if not altogether founded in error, expressive of the au- 
 thor's private opinion only. It is worthy of remark, that among the specific objections 
 adduced against this map no allusion is made to the location there given to the tract granted 
 
 * Bouchett's Topography of Canada, p. 587. 
 
28 
 
 Appondii. in the year 1789 by the State of New Hampshire to the Trustees of Dartmouth College, 
 Re i to Ameri- which, in the absence of any topographical evidence among the documents relative to this 
 r'npilph^i grant communicated by The United States in answer to the demand of the British Govern- 
 ment may be presumed to be correctly represented thereon. The specific object for 
 which this map was annexed to the First British Statement being thus fully answered, Great 
 Britain again disclaims all incidental advantage which she might derive from it, either with 
 respect to the northwest angle of Nova Scotia, or to the north- westernmost head of Con- 
 necticut River. 
 
 lat Am. Slut. 
 
 No. 11. 
 
 Remarks upon certain Documents communicated by The United States, or of which Copies have 
 been furnished by Great Britain upon the application of The United States, and which have 
 not been cited in the first American Statement. 
 
 The United States in conformity with the provisions of the Convention of the 29th 
 of September, 1827, having communicated to Great Britain, and having also been furnished 
 by Great Britain upon their application with Copies of various Documents intended to be 
 laid before the Arbiter as fresh Evidence, which have not been cited in the first American 
 Statement, but which may nevertheless be brought forward in the second Statement of that 
 Power, Great Britain deems it expedient in this place to take notice of some of these Docu- 
 ments, and to submit the following remarks thereon, in case they shall be so made use of 
 by The United States. 
 
 Extracts from the Argument of His Britannic Majesty' 1 s Agent before the Commissioners, un- 
 der the fifth Article of the Treaty of 1794. [No. 42 in List of American Written Evi- 
 dence communicated on the 30th December, 1828. J 
 
 After the express declaration of The United States in their first Statement, that, 
 " The Acts of the two Powers or of the Local Governments, and the opi nions which may 
 " have been expressed by any of their Officers in relation to the contested Territory, since 
 "the Treaty of 1783, can at best be adduced but 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 either party, that are derived from the express and explicit provisions of the 
 " Treaty," it is scarcely to be supposed that any stress will be laid on these Arguments of 
 a British Agent under the Treaty of 1794. 
 
 These Arguments were directed to shew that the source of the River St. Croix 
 must be placed at the head of its western branch, in conformity with the description of that 
 River, as a Boundary of Nova Scotia, in Sir William Alexander's Charter. 
 
 The decision of the Commissioners, to whom they were addressed, has placed the 
 source of the St. Croix intended in the Treaty of 1783 at the head of its northern Branch ,* 
 and this very circumstance shews that the north-west angle of Nova Scotia has never, 
 either before or since the Treaty of 1783, been a known and determinate point. 
 
 Indeed nothing can more strongly evince the uncertainty of these old Provincial 
 
 * See American Statement, p. 2, and Written Evidence annexed thereto. No. 2. 
 
29 
 
 Boundaries, than the various and conflicting views, which have been advanced in relation to *» Mata - 
 them, whenever they have been a topic of diccussion. K , „„„„.. „„ M 
 
 deo ' b »''.i- 
 
 oil i" ÎQ the it 
 
 -^ — American Stato- 
 
 mont. 
 
 Extracts from the Protocols and Correspondence of the Ghent Commissioners in 1814. — 
 [No. 71 in list of American Written Evidence, communicated on the 30th December, 
 1828.] 
 
 The whole of these documents shew the uncertainty of the question of boun- 
 dary. 
 
 The British Plenipotentiaries at Ghent, in their note to the American Plenipotentia- 
 ries, of September 4th, 1814, proceed as follows : — " The American Plenipotentiaries must 
 " be aware that the boundary of the district of Maine has never been correctly ascertained; that 
 " the one asserted at present by the American Government, by which the direct communica- 
 " tion between Halifax and Quebec becomes interrupted, was not in contemplation of the 
 " British Plenipotentiaries who concluded the Treaty of 1783, and that the greater part of the 
 " territory in question is actually unoccupied. 
 
 In the Note No. 6, dated November 10th, 1814, the American Plenipotentiaries ex- 
 press themselves as follows : — 
 
 " In respect to the intended review of the other Boundaries between the British and 
 " American Territories with the view to prevent future uncertainty and dispute, the Under- 
 " signed propose the reference of the whole subject to Commissioners, and they present ac- 
 " cordingly five Articles drawn on the principles formerly adopted by the two Powers for 
 " settling the question respecting the River St. Croix." 
 
 Then followed the Treaty, referring, according to the proposition of the American 
 Plenipotentiaries, the whole subject of disputed Boundary to Commissioners, including the 
 points of difference now in controversy, and substituting for the mode adopted in the case 
 of the St. Croix, of choosing a third Commissioner by lot, if the original Commissioners 
 should not agree in the nomination, the present much more satisfactory course of referring 
 any points, upon which the two Commissioners appointed by the two Powers respectively 
 should disagree, to the final arbitrament of a friendly Sovereign or State. The Treaty thus 
 concluded contains the express declaration, that "neither that point of the Highlands 
 " lying due north from the source of the River St. Croix designated in the former Treaty of 
 " Peace betioeen the two Powers as the north-west angle of Nova Scotia, nor the north-west- 
 " ernmost head of Connecticut River, have yet been ascertained." 
 
 Provincial Laws and Grants of Land in New Brunswick. — [Nos. 18 to 39 in Mr. Barbour's 
 List, Nos. 50 to 54 in List of American Evidence communicated on the 30th December, 
 1828.1 
 
 The remarks before cited from the first American Statement, relating to Acts subse- 
 quent to the Treaty of 1783, will also apply to these Documents, which are all of a later 
 date than that instrument. 
 
 The object of producing them, as evidence on this occasion, would seem to be to 
 shew an actual jurisdiction by the British Province of New Brunswick, as against her sister 
 Province of Canada, on the upper part of the River St. John, and as far north as the River 
 Restigouche.* Whatever might be the effect of this evidence in a controversy as to limits 
 between the above named British Provinces, which can only be decided by a British Tribu- 
 
 * A line along the channel of a River can never be a line along » Highlands." 
 1 
 
30 
 
 Appendix. lla ] ) it establishes, in the present national controversy against The United States a clear 
 
 Benêts on Evi- British possession and jurisdiction in the places in question. When taken in connexion 
 S"o iï o îta d ut rl " with the claim of Canada to jurisdiction and territory as far down as the Great Falls of the 
 Amencm te jy ye]% gt j^^ j t a ] s0 c i ear ly proves, in opposition to the American argument in this dis- 
 p- si- cussion, the uncertain and unsettled condition of the provincial limits. 
 
 Depositions of certain Inhabitants of Madawaska, and of John G. Deane, touching the Boun- 
 dary of Canada. [Nos. 56 and 58 in List of American Written Evidence, communicated 
 on the 30th December, 1828.] 
 
 Mr. Deane, who describes himself as acting " under the authority of The United 
 " States," has undertaken to receive, in his capacity of Notary Public of the State of Maine, 
 the depositions of a few Peasants, only one of whom was able to write bis name, for the os- 
 tensible purpose of establishing a reputed Provincial Boundary, without any notice of such 
 transaction being given to any British authority. He also makes his own deposition of what 
 was told to him. 
 
 Evidence such as this can have no weight. Mr. Deane* has made a further depo- 
 sition detailing a conversation with Colonel Fraser, the Seignior of Madawaska, relating to 
 his title to that Fief. Colonel Fraser was the most, if not the only, competent person to 
 give him information as to any reputed Provincial Boundary in that quarter ; and yet from 
 Colonel Fraser he seeks no information on this point. The stories of the Madawaska Peas- 
 ants, as detailed by Mr. Deane, are altogether at variance with other evidence in the cause, 
 by which it is distinctly proved that the whole of the road on the Temisquata portage from 
 the River St. Lawrence to the Lake Temisquata was originally laid out, and has been kept 
 in repair and maintained by the Government of Canada alone, f by authority of which Go- 
 vernment also settlers were placed on that road in the year 1814 : and it appears from the 
 census of The United States taken in 1820 that the inhabitants of the Madawaska settle- 
 ment on the River St. John, more than forty miles below the place, where the Temisquata 
 lttBrit. Stat, road meets the lake, then " supposed they icere in Canada." 
 
 p. 24, 
 
 * See No. 57, in list of American Written Evidence, communicated on the 20th December, 1828. 
 
 t See Appendix to First British Statement, No. 30. and Bouchette's Topography of Canada, p. 538, et seq. 
 
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