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into the River St. Lawrence, and presumed, according to the map A, to be the River Metis.

Ancient Provincial

Boundaries.

The American statement next discussed the question of the ancient provincial boundaries, and, maintaining that the ancient boundaries were preserved by the treaty of peace, endeavored to prove that the line of the treaty was the same as that which had for twenty preceding years been assigned by the British Government to Nova Scotia. The only object in mentioning the northwest angle of Nova Scotia was, said the American statement, to identify the highlands described in the proclamation of 1763 and the act of 1774 as the southern boundary of the province of Quebec with the highlands contemplated by the treaty of 1783 as forming on the north the northwest angle of Nova Scotia. The only difference was that the rivers intended to be distinguished from those emptying into the River St. Lawrence were described in the proclamation and the act as falling into the "Sea," while in the treaty they were described as falling into the "Atlantic Ocean."

1783.

In order to show that the line claimed by the Maps from 1763 to United States coincided with the ancient provincial boundaries, there was exhibited with the American statement a large number of maps published between 1763 and 1783, in which the highlands forming the southern boundary of the province of Quebec appeared to be identical with those claimed by the United States as their northern boundary. In these maps the course of the line from the source of the St. Croix is in every instance northward, crosses the River St. John, and terminates at the highlands in which the rivers that empty into the River St. Lawrence have their sources; and in every instance the northwest angle of Nova Scotia is laid down on those highlands, where the northern line terminates. Four maps published in London between the signing of the preliminary and the definitive treaty of peace between Great Britain and the United States showed the same lines.

Mars Hill,

As to Mars Hill, the American statement said that it neither divided nor was near any waters but some small tributary streams of the River St. John; that it was at least a hundred miles distant from the source of any of the rivers emptying themselves into the River St. Lawrence; that no highlands extended or could extend east

wardly from it so as to form the northern boundary of Nova Scotia; that to contend for it was to claim that Nova Scotia had no northwest angle, and that toward the west the British line could fulfill the conditions of the treaty only from the point where, 115 miles in a straight line from Mars Hill, it divided the northwestern source of the Penobscot from the source of the Chaudière.

cut River.

As to the northwesternmost head of ConNorthwesternmost necticut River, the American statement said Head of Connecti- that the head branches of that river, which were imperfectly known in 1783, had been surveyed by order of the commissioners under Article V. of the Treaty of Ghent. Four of them were found to have their sources in the highlands, namely, Halls Stream, Indian Stream, Perrys Stream, and Main Connecticut, or main stream of Connecticut River. From its peculiar characteristic the last branch might be called the Lake Branch or Stream. Indian Stream, Perrys Stream, and the Lake Stream all united about two miles north of the forty-fifth parallel of north latitude, and thus united they were known at the date of the treaty of 1783 by the name of Connecticut River at the place where the river was then supposed to cross that parallel. The mouth of Halls Stream, already known by that name in 1783, was about a quarter of a mile south of that place, but half a mile north of the point which, from later and more correct observations, appeared to be in latitude 45°. The source of the middle branch of Halls Stream was the northwesternmost head of all the branches above mentioned, and it had accordingly been claimed by the United States as the true northwestern head contemplated by the treaty; but the commissioner of the United States under the fifth article of the Treaty of Ghent held that the head of the west branch of Indian Stream was the true northwesternmost head of Connecticut River intended by the treaty. The British commissioner claimed that the source of the northwesternmost brook which emptied itself into the upper lake of the most eastern branch, being that designated as the Main Stream or Lake Stream of Connecticut River, was the northwesternmost head contemplated by the treaty. He based this claim principally on the ground that this branch was in fact the main branch of Connecticut River, and had for an indefinite length of time been exclusively distinguished by that name. This allegation was denied by the United States.

But, assuming it to be true, the American statement contended that the use of the term "northwesternmost," which necessarily implied that more than one head was contemplated, and that the selection was to depend neither on the size nor the name of the branch but on its relative situation, proved that no branch, even though emphatically called the main branch, was entitled to exclude any other as the "head of the river." The upper branches of Connecticut River north of the forty-fifth parallel were not laid down correctly on Mitchell's map, nor were any of the branches distinguished on it by a special name. The fair inference was that the most westerly branch north of the forty-fifth parallel was the source intended.

The reason why the commissioner on the part of the United States under Article V. of the Treaty of Ghent decided in favor of Indian Stream to the exclusion of Halls Stream was, said the American statement, that the boundary line between the provinces of New York and Quebec had been surveyed in 1772 from Lake Champlain to Connecticut River, along the fortyfifth parallel of north latitude, and that according to that survey Halls Stream, which then received its distinctive name, was understood to unite itself with the main river just south of the forty-fifth parallel. The commissioner on the part of the United States conceded that the boundary line where it met the fortyfifth parallel must be in the middle of the stream which at that point was, prior to the treaty of 1783, recognized as the main. Connecticut River. It had been shown that this argument was not conclusive, but, should it prevail, Indian Stream, which was free from all objections, and the whole course of which was north of the forty-fifth parallel, must be considered as the northwesternmost head of Connecticut River contemplated by the treaty. It must also be observed, said the American statement, that the expression "northwesternmost" was restrained by the provisions of the treaty to a head which had its source in the "highlands." The northwesternmost brook which emptied itself into the upper lake of the lake branch, and which was claimed by Great Britain as the northwesternmost head of the river, had its source, not in the highlands which divided rivers emptying themselves into the River St. Lawrence from rivers falling into the Atlantic Ocean, but in a highland which divided

Mr. Gallatin thought it safer to insist on Indian Stream, though on map A he had laid down Halls Stream as the boundary claimed by the United States. (Adams's Writings of Gallatin, II. 406.)

two rivers falling into the Atlantic Ocean. With respect to the highlands specified in the treaty, the source claimed by Great Britain was, said the American statement, the northeasternmost head of the river.

Forty-fifth Parallel of North Latitude.

As to the boundary westward from the Connecticut River to the St. Lawrence, the American statement said that by an order in council of July 20, 1764, the Connecticut River was declared to be the boundary between the provinces of New York and New Hampshire from the northern boundary of the province of Massachusetts Bay to the forty-fifth degree of north latitude. On August 12, 1768, this parallel was confirmed as the boundary between the provinces of New York and Quebec. Between the years 1771 and 1774 the line was surveyed and marked; it was completed in October 1774. It had ever since been the basis of jurisdiction and of grants of land, and at the time of the treaty of peace it was established and in full force. Nevertheless, the Treaty of Ghent declared that the boundary from the source of the St. Croix River to the River St. Lawrence had not been surveyed, and, according to the observations of the astronomers under that treaty, the forty-fifth parallel appeared to be about three-fourths of a mile south of the old line both on Connecticut River and Lake Champlain, though it coincided with that line on the River St. Lawrence. It was submitted whether it was not the true intention of the Treaty of Ghent that the boundary should be surveyed only where it had not already been run and marked, and whether the line. formerly surveyed and established between the provinces of Quebec and New York was not, within the true intent and spirit of the same treaty, excepted from the provision which directed the boundary to be surveyed.

The British statement, like that of the British Statement be- United States, discussed the case under its three general heads:

fore the Arbitrator.

1. The northwest angle of Nova Scotia.

2. The north westernmost head of Connecticut River.

3. The line to be drawn from the Connecticut River along the forty-fifth parallel of north latitude to the River St. Lawrence, called in the treaties Iroquois or Cataraquy.

Nova Scotia.

Great Britain, it was said, "contends that Northwest Angle of the point thus described (as the northwest angle of Nova Scotia) 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 intended by the treaty to be divided from the rivers which empty themselves into the river St. Lawrence."

Term Atlantic

Ocean."

The highlands claimed by the United States, said the British statement, at the point where they were intersected by a line due north from the source of the St. Croix, and for some distance westward, divided waters emptying into the River St. Lawrence from waters flowing into the Bay of Chaleurs and the Gulf of St. Lawrence, or else through the River St. John into the Bay of Fundy, while the highlands referred to in the treaty were said to divide waters flowing into the River St. Lawrence from those flowing into the "Atlantic Ocean." This was, said the British statement, "the cardinal point of the whole of this branch of difference." The highlands must divide waters flowing into

The origin of this point, which indeed was sure to be raised in any close and minute controversy on the subject, may be definitely traced. It was first raised under Article V. of the treaty of 1794. In a letter to Mr. Chipman, the British agent under that article, of November 9, 1796, Mr. Barclay, the British commissioner, said: "There is another point which I am endeavoring to ascertain, which if it turns out as I have reason to believe it will, must be decisive in our favor. The line from the Source of the St. Croix you will recollect, is by the Treaty of Peace to run 'due North to the Highlands which divide those Rivers which fall into the Atlantic Ocean from those which fall into the River St. Lawrence.' Now by an inspection of Capt. Sproules Map it appears to me, that a line drawn due North from the source even of the Cheputnaticook will strike the River Restigouche which runs into the Bay of Chaleurs, and of course falls into the Gulph of Saint Lawrence; such a line therefore will not answer the description of the Treaty, much less will a line drawn from the Source of the Magaguadavic or any other source eastward of the Source of the Cheputnaticook,— but a line drawn due north from the Source of the Scoodiac will run to the westward of the sources of all the Rivers that fall into the Gulph of St. Lawrence, and will of course extend to the Highlands mentioned.-The idea was first hinted to me by Mr. Owen. I have communicated it to Governor Carleton, and requested that he will have the line run this winter due North from the source of the Cheputnaticook to see where it will strike and that we may have evidence of the fact if it proves to be in our favor:and if it should not, I think such a line must be run hereafter from the Source of the Magaguadavic, as I am satisfied that it will upon this principle, clearly show that this cannot be the river. Let me know your opinion of this hint. I think we should at present keep it secret, I have intimated as much to the governor." Mr. Barclay recurs to the point in a

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