and the final cession of that 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 Commissions to the Governors, 'as 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 the Colony of Quebec; to the Northward, by the said Boundary, &c. &c. &c.'-That from the description in the Commissions it appears a construction 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 Scotia, 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 must 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 expressed 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 2ndly. That the Scudiac is the River which was then so named.'

In the revised version of Benson's report in the records of the Massachusetts Historical Society this paragraph is as follows: "It is now to be stated that the River is described or expressed in the Treaty of 1783, as 'that River a Line drawn due north from the Source of which forms the west side of the north west Angle of Nova Scotia;' and that the following Points are assumed as being unquestionable. 1st That the River was not expressed as it is. either by Mistake or Fraud-24ly That the River expressed must therefore be adjudged to be the River intended-3dly That the River expressed in the Treaty of 1783, and the River expressed in the Grant of Nova Scotia, are the same River; and 4thly That consequently, the River, to be sought for, must be the River intended in the Grant; the following Proposition of Fact is therefore advanced, and the Proofs sabjoined, viz', That the French colonists, in 1604, named a certain Island, lying in what

"Extracts from a publication by Sir William Alexander, in London, 1624, under the Title of encouragement to Colonies. 'Monsieur De Montes, 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 discoverie,) 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 proceeds, 'After this, having seen Port Royal, they went to the River called by them Sante Croix, but more fit now to be called Tweede, because it divides New England from 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 mentioningThat 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 Patent, 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 Seale of his Kingdom of Scotland, marching upon the West towards the River of St. Croix, now Tweed, (where the Frenchmen did designe their first habitation) with New England, and on all other parts it is compassed by the Ocean and the great river of Canada.' To this publication a Map is annexed, in which a River is laid down under the name of Tweede, as a boundary between New England and New Scotland, and doubtless intended to represent the Saint Croix. The Voyage of De Monts above referred to by Sir William Alexander, was in the Spring of 1604, and has been written by two different cotemporary persons, Champlain, who was with him, and Lescarbot, who came out to L'Acadie in 1606, with Poutrincourt, the Successor of De Monts in the attempt to settle, and was himself the next year at St Croix. The British Commissaries, in the Memorials between them and the French Commissaries, 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 published with his History in 1609.' And a book published in London that Year by P. Erondelle, under the title of Nova Francia, &c. translated out of the French into English, is evidently a translation of this first Edition of L' Escarbot. Champlain published in 1613. From these writers, therefore, undoubtedly Sir William Alexander obtained his information of the Voyage of De Monts, and of the country. They relate

is properly an Arm of the Bay of Passamaquoddy, but by them considered, and accordingly denominated River, the Island of St. Croix; that the Name was almost instantly applied indiscriminately as well to the River as to the Island; that the River is the same River intended under that Name in the Grant for Nova Scotia; and when distinguished by it's supposed Indian Name, and by which it is more generally known, is called the Scudiac."

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 River 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 Margos, of which we took a number of Young ones, as good as Young pigeons. The Sieur Poutrincourt 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 we 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 15 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 in 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 tons, but it is dry at Low Water. The Island is filled with Firs, Birches, Maples and Oaks,―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 land, 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 Saint Croix. Passing higher up, one sees a great Bay, in which there are two Islands, one high, the other low; and three Rivers, two of a middling size, one going off towards the East, and the other to the North, and the third is large, which goes to the West. This is that of the Etchemins,

of which we have spoken above; going into it two leagues there is a fall of water, where the Savages carry their Canoes by Land, about five hundred paces, afterwards re-entering it, from which afterwards, crossing over a small space of Land, one goes into the River Norembeque and of Saint 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 five 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 are 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 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 make a barricade on a small Island, a little separated from the 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 assigned to each his place.' 'We then made some gardens as well on the main land as on the Island.'

"The Sieur de Mons determined on a change of place, and to make another habitation to avoid the cold, and evils which we had in the Island St. 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 for 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 1632, after the above passage, where he mentions the Latitude and Variation of the needle, he adds, 'In this place was the habitation made in 1604.'-And then immediately commences another chapter as follows

"From the said River St. Croix, continuing along the coast, making 25 Leagues,' we passed by a great number of Islands, &c. "L'Escarbot Edition, 1618.-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 begun to pass, aud 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 at 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 Croix, 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 North part from where the River comes down, there is a pointed one more than two leagues distant. The woods of the Main land are handsome and high to admiration and so is the herbage; there are streams of Fresh Water very agreeable, where many of the people of the Sieur de Monts did their work and hutted there. As to the nature of the Soil, it is very good, and happily fruitfull; for the Sieur de Monts, having caused a piece of land to be 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 produced 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 placed 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 wonderfull, which may be gathered at low water; but they are small.

"During the said voyage, the Sieur de Monts worked at his fort, which he had seated at the End of the Island opposite the place where we have said he lodged his Cannon, 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 without 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 Barracks, 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 Skilfull carpentry with the banner of France on the Top. In another Part was the Magazine, where was deposited the 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 D'Orville Champlain, Champdore, and