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"This conclusion is consonant with the conclusion at which the Commissioners themselves arrived, in the cases of the Elliot and Montague Rivers in Prince Edward Island, as shown by Records Nos. 9 and 10. The harbours of Charlottetown and Georgetown are clearly within the lines they have marked and designated as the mouths of those Rivers respectively, and thus within the lines of exclusion; but if the express words of the Treaty gave a right to such harbours, because harbours,' then why did the Commissioners exclude them? And why should not the same principle which governed the commissioners in their decision with regard to those harbours,' not (sic) also govern with regard to Buctouche Harbour? "As Arbitrator or Umpire, I decide that a line from Glover's Point to the Southern extremity of the Sand Bar, marked in red on Plan No. 1, in Record No. 2, designates the mouth of the River Buctouche.

"Dated at Saint John, in the Province of New-Brunswick, this 8th day of April, A. D. 1858.

"JOHN HAMILTON GRAY.

"It may not come within the exact line of my duty, but I cannot forbear remarking, that the true benefits of this Treaty can only be realized to the inhabitants of both countries by a course of mutual forbearance, and enlightened liberality. Captious objections, fancied violations and insults, should be discountenanced; and above all, there should be an abstinence from attributing to either nation or people, as a national feeiing, the spirit of aggression which may occasionally lead individuals to act in direct contravention of its terms. Every friend of humanity would regret further misunderstanding between Great Britain and the United States. The march of improvement which is to bring the broad regions of North America, between the Atlantic and Pacific, within the pale of civilization, is committed by Providence to their direction; fearful will be the responsibility of that nation which mars so noble a heritage. "Dated at Saint John, in the Province of New-Brunswick, this 8th day of April, 1858.

Declarations of the
Commissioners.

"JOHN HAMILTON GRAY."

On September 19, 1855, the commissioners recorded their disagreement as to the mouth of the Buctouche River. Their last award, which was made February 13, 1866, related to certain rivers in Newfoundland. The declarations of the commissioners, which include their entries in the umpire cases as well as their awards, are as follows:

"NO. 3.-THE RIVER PISCATAQUA.

"We, the undersigned, Commissioners under the Reciprocity Treaty between the United States and Great Britain, signed at Washington on the 5th of June, A. D. 1854, having examined the Piscataqua River, on

1 Declarations Nos. 1 and 2 are given (supra, 451-452,) in the umpire's awards. The copy given in the awards is the British copy, in which the British commissioner's contention and name have precedence. In the United States copy of the declarations the United States commissioner's contention and name have precedence. It is superfluous to say that there is no difference in the substance of the declarations.

the Coast of the United States, (the said River forming the boundary between the States of Maine and New Hampshire,) Do hereby agree and decide, that a line drawn from Frost Point to the Southern end of Wood Island, and thence to the Main Land, the said line bearing N., 68° 45′ E., (magnetic) as shown on the Plan 3, Record Book No. 2, shall mark the mouth, or outer limit of the said Piscataqua River; and that all the waters within, or to the westward of such line, shall be reserved and excluded from the common right of fishing therein, under the first and second articles of the Treaty aforesaid.-Dated at Boston, United States, on this 26th day of June, A. D. 1856.

"G. G. CUSHMAN, U. S. Commissioner. "M. H. PERLEY, H. M. Commissioner.

NO. 4.-THE RIVER MERRIMACK.

"We, the undersigned, Commissioners under the Reciprocity Treaty between the United States and Great Britain, signed at Washington on the 5th day of June, A. D. 1854, having examined the Merrimack River, on the Coast of the United States, the mouth of the said River being within the limits of the State of Massachusetts, Do hereby agree and decide, that a line bearing North, 10° E., magnetic, from the easternmost of the two Light Houses standing upon Plum Island, on the South side of the entrance to the said River, as shown on the Plan 5, Record Book No. 2, shall mark the mouth or other limit of the said Merrimack River; and that all the waters within, or to the Westward of such line, shall be reserved and excluded from the common right of fishing therein, under the first and second articles of the Treaty aforesaid.-Dated at Boston, United States, on this 26th day of June, A. D. 1856.

"G. G. CUSHMAN, U. S. Commissioner. "M. H. PERLEY, H. M. Commissioner.

"NO. 5.-THE RIVER IPSWICH.

"We, the undersigned, Commissioners under the Reciprocity Treaty between the United States and Great Britain, signed at Washington on the 5th of June, A. D. 1854, having examined the Ipswich River, on the Coast of the United States, the said River being within the limits of the State of Massachusetts, Do hereby agree and decide, that a line bearing North, 30° 46' West, (magnetic) from the South point of the entrance to said River, as shown on the Plan No. 5, Record Book, No. 2, shall mark the mouth or outer limit of the said Ipswich River; and that all the waters within, or to the Westward of such line, shall be reserved and excluded from the common right of fishing therein, under the first and second articles of the treaty aforesaid.-Dated at Boston, United States, this 26th day of June, A. D. 1856.

"G. G. CUSHMAN, U. S. Commissioner. "M. H. PERLEY, H. M. Commissioner.

"NO. 6.-THE RIVER TAUNTON.

"We, the undersigned, Commissioners under the Reciprocity Treaty between the United States and Great Britain, signed at Washington on the 5th day of June, A. D. 1854, having examined the Taunton River, emptying into Narragansett Bay, Coast of the United States, the said

River being within the limits of the State of Massachusetts, Do hereby agree and decide, that a line bearing Northwest and Southeast, (magnetic,) drawn through the White Beacon, standing nearly midway of the entrance to said River, and in front of the Southern end of the Town of Fall River, as shown on the Plan 6, Record Book No. 2, shall mark the mouth or outer limit of the said Taunton River; and that all the waters within, or to the northward of such line, shall be reserved and excluded from the common right of fishing therein, under the first and second articles of the Treaty aforesaid.-Dated at Boston, United States, this 30th day of June, A. D. 1856. "M. H. PERLEY, H. M. Commissioner.

"G. G. CUSHMAN, U. S. Commissioner.

"NO. 7.-THE RIVER SEEKONK, OR PROVIDENCE.

"We, the undersigned, Commissioners under the Reciprocity Treaty between the United States and Great Britain, signed at Washington on the 5th day of June, A. D. 1854, having examined the Seekonk or Providence River, empyting into Narragansett Bay, Coast of the United States, the entrance to said River being within the limits of the State of Rhode Island, Do hereby agree and decide, that a line drawn from the Light House on Nayatt Point, to Conmimicut Point, bearing S., 70° W., (magnetic) as shown on the Plan 6, Record Book No. 2, shall mark the mouth or outer limit of the said Seekonk or Providence River; and that all the waters within, or to the northward of such line, shall be reserved and excluded from the common right of fishing therein, under the first and second articles of the aforesaid Treaty.-Dated at Boston, United States, on this 30th day of June, A. D. 1856.

"G. G. CUSHMAN, U. S. Commissioner. "M. H. PERLEY, H. M. Commissioner.

"NO. 8.-THE RIVER DUNK.

"We, the undersigned, Commissioners under the Reciprocity Treaty between the United States and Great Britain, signed at Washington on the 5th day of June, A. D. 1854, having examined the Dunk River, emptying into the Bedegue Bay, on the Coast of Prince Edward Island, one of the British North American Colonies, Do hereby agree and decide, that a line bearing north, (magnetic,) drawn from the Northern end of Indian Island to Green Shore or Wharf, as shown in the Plan 7, Record Book No. 2, shall mark the mouth or outer limit of the said Dunk River; and that all the waters within, or to the Eastward of such line, shall be reserved and excluded from the common right of fishing therein, under the first and second articles of the Treaty aforesaid.-Dated at Bangor, in the State of Maine, United States, this 27th day of September, A. D. 1856.

"G. G. CUSHMAN, U. S. Commissioner. "M. H. PERLEY, H. M. Commissioner.

"NO. 12.1-CHOICE OF UMPIRE.

"We, the undersigned, Commissioners under the Reciprocity Treaty between the United States and Great Britain, signed at Washington on the 5th day of June, A. D. 1854, having met at Eastport, in the State of Maine,

1 Declarations 9, 10, and 11 are given (supra, 462) in the awards of the umpire.

for the purpose of choosing an Arbitrator or Umpire under the 1st Article
of the said Treaty to decide upon the disagreement between us relative to
the River Buctouche, of which record was made on the 19th day of Sep-
tember A. D. 1855; as also upon the disagreement between us relative to
the River Miramichi, of which record was made on the 27th day of Sep-
tember A. D. 1855; and likewise upon the disagreement between us relative
to the Rivers of Prince Edward Island, of which record was made on the
27th day of September A. D. 1856; and each of us, the said Commissioners,
having named a person to act as such Arbitrator or Umpire, and not agree-
ing thereupon, it was determined by lot, as provided by the said Treaty,
that the Hon. John Hamilton Gray of St. John, New Brunswick, should
be such Arbitrator or Umpire to decide as aforesaid, of which record is
made accordingly.-Dated at Eastport, in the State of Maine, this 20th
day of July, A. D. 1857.

"G. G. CUSHMAN, U. S. Commissioner.
"M. H. PERLEY, H. M. Commissioner.

"NO. 13.—OATH OF THE UMPIRE.

"I, The Honorable John Hamilton Gray of the City of Saint John, in
the Province of New Brunswick, the arbitrator and Umpire duly chosen
under the first Article of the Treaty concluded between Great Britain and
the United States on the fifth day of June, in the year of Our Lord, One
Thousand eight hundred and fifty-four, do hereby solemnly declare, That
I will impartially and carefully examine and decide, to the best of my
judgment and according to justice and equity, without fear, favor, or
affection, to my own country, upon all such differences or disagreements
between the Commissioners under the said Treaty, as shall be submitted
to me; and I make this Solemn declaration, as directed by the first Article
of the Said Treaty, and in accordance therewith.

"J. H. GRAY.

"Subscribed in our presence and Sworn before Us, at the City of Saint
John in the Province of New Brunswick this Twenty Second day of July,
A. D. 1857.

"W. A. SMITH,

“Mayor of the City of Saint John, Province of New Brunswick.
"C. WHITAKER,
"U. S. Consul St. John, N. B.

"NO. 14.-RIVERS RISTIGOUCHE, BATHURST, POKEMOUCHE, TRACADIE,
TABUSINTAC, KOUCHIBOUGUAC, RICHIBUCTO, PETICODIAC, SHEPODY,
SACKVILLE, MUSQUASH, LEPREAU, MAGAGUADAVIC, MINUDIE.

"We, the undersigned, Commissioners under the Reciprocity Treaty
between the United States and Great Britain, concluded and signed at
Washington on the 5th day of June A. D. 1854, having examined the River
Ristigouche, forming the boundary between Canada East and New Bruns-
wick; and also the Rivers Bathurst, Pokemouche, North and South Tracadie,
Tabusintac, Kouchibouguac, Richibucto, Peticodiac, Shepody, Sackville,
Musquash, Lepreau and Magaguadavic, in the Province of New Bruns-
wick; and also the Minudie River in the Province of Nova Scotia, do hereby
agree and decide that the following described lines, as shown on Plans 8,

9, 10, and 11, Record Book No. 2, shall mark the mouths or outer limits of
the said rivers, and that all the waters within said lines shall be reserved
and excluded from the common liberty of fishing therein, under the 1st
and 2d articles of the Treaty aforesaid.

"Ristigouche River.-A line connecting Pt. Maguacha and Bonami rocks,
as drawn on Plan 8.

"Bathurst River.—A line connecting Pt. Alston and Pt Carron, as drawn
on Plan 8.

"Pokemouche River.-A line across Pokemouche Gully, connecting the
sand bars, as drawn on Plan 8.

"Tracadie Rivers, North and South.-Lines across Tracadie North Gully
and Tracadie South Gully, connecting the sand bars, as drawn on Plan 8.
"Tabusintac River.—A line across the Tabusintac Gully, connecting the
sand bars, as drawn on Plan 8.

"Kouchibouguac River.-A line across Kouchibouguac Gully, connecting
the sand bars, as drawn on Plan 9.

"Richibucto River.—A line drawn South, magnetic, from the North Bea-
con, on the end of Northern sand bar, as shown on Plan 9.

"Peticodiac River.-A line bearing S. 13 W. magnetic, and connecting
Cape Demoiselle and Pt. Marowgonin, as drawn on Plan 10.

"Shepody River.-A line from the northern side of Mary's Pt., bearing
N. 45° E. magnetic, to the point opposite, as drawn on Plan 10.

"Sackville River.-A line bearing S. 51° E. magnetic, from Pt. Aulac, as
drawn on Plan 10.

"Musquash River.-A line from Gooseberry Island Pt., bearing S. 73° E.
magnetic, to the western extremity of the point opposite, as drawn on
Plan 11.

"Lepreau River.-A line bearing North, magnetic, from the point of the
sand bar, on the Southern side of the River, to the opposite shore, as drawn
on Plan 11.

"Magaguadavic River.—A line connecting McDermotts Head on the south
side and Mari's Pt. on the North shore, as drawn on Plan 11.

"Minudie River.-A line from Pt. Minudie, bearing East, magnetic to the
opposite shore, as drawn on Plan 10.

"Dated at Boston, in the State of Massachusetts, this seventh day of
October A. D. 1857.

"G. G. CUSHMAN, U. S. Commissioner.
"H. M. PERLEY, H. M. Commissioner.

"NO. 15.-RIVERS COCAGNE, SHEDIAC, AND ST. JOHN.

"We, the undersigned, Commissioners, respectively on the part of the
United States and Great Britain, under the Reciprocity Treaty concluded
and signed at Washington on the 5th day of June A. D. 1854, having ex-
amined the Rivers Cocagne, Shediac and St. John, in the Province of New
Brunswick, are unable to agree upon the lines defining the mouths of said
Rivers, and of this disagreement, record is hereby made accordingly, and
as follows:

"Cocagne River.-The United States Commissioner claims that a line
commencing at the end of Longs Wharf, and extending across the water to
the opposite shore, and in the direction of the Roman Catholic Church, and

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