miles distant from the St Law

rence.

In the two maps published by order of the British government in 1755, at the commencement of the seven years, these highlands are thus described; and in the proclamation of 1763, a line was drawn along the heads of the rivers falling into the Atlantic, beyond which no settlements were permitted to be made.

This limitation of the extent of the colonies now forming the United States and Nova Scotia, extended from the Ohio towards lake Ontario, and following the southern boundary of the government of Quebec, along the north coast of the bay of Chaleurs, and the coast of the St Lawrence to Cape Rosieres.

In the Annual Register of 1763, this southern boundary of Quebec is described as extending 'quite to the gulf of St Lawrence through the highlands which separate the rivers falling into the great rivers of Canada from those falling into the ocean;' and in the same volume a map is published, on which the southern boundary of that province is marked out as passing from lake Champlain along the fortyfifth degree of latitude to the north of Connecticut river, and then along the highlands, approaching the St Lawrence to the head of the bay of Chaleurs.

This line is described in the commission given to Governor Wilmot, November, 1763, as the north boundary line of Nova Scotia; and the western boundary of that province is described as, 'a line drawn due north from the

source of the St Croix to the southern boundary of Quebec.' In the map at the end of the Annual Register, these lines are drawn as the boundaries of Nova Scotia, and a definite location and description is thus given of the north west angle of Nova Scotia, so that it might safely be referred to as a settled point in the description of the boundary line of the United States.

In a map of the province of Quebec, published by Sayer and Bennet, London, 1776, the south boundary of that province is marked as running along the highlands, from the head of the Connecticut, north of the source of the St John, to the head of the Ristigouche and down that river to the bay of Chaleurs; and on a map dated 1777, by the same publishers, of North America and the West Indies, the west boundary of Nova Scotia is drawn due north from the St Croix, crossing the St John, to the south boundary of Quebec.

Referring to the general understanding, which appeared from these documents to prevail at the time of concluding the treaty of 1783, not only as to the north west corner of Nova Scotia, but also as to the highlands in question, it could scarcely have been expected, that any difficulty in in running the boundary line would have occurred.

Some doubts however existed as to which river was the St Croix, referred to in the treaty; the American contending that the St John was the St Croix contemplated, and by the treaty of 1794, provision was made for a joint

This commission determined in 1798, that the extreme northern source of the northern branch of the Scoodic river, was the source of the St Croix designated in the treaty, and a monument was there erected as the point from which the line due north should commence.

In the British argument under this commission, it was conceded, that the north line from the source of the St Croix would necessarily cross the St John. So also in the topographical description of Lower Canada, by Colonel Bouchette, Surveyor General of that province, the ridge along which the boundary line between the United States and the British territories is supposed to run, is described as being the land height, and at about fifty miles distance from the St Lawrence.

This boundary line on the side of Canada was always practically recognized until the close of the last war. No Canadian process was expected on the south side of that line, and several posts were placed there as designating the boundary between the United States and Canada.

During the late war, however, it became an object of British ambition to establish a new boundary line between the United States and New Brunswick, which formerly was comprehended within the province of Nova Scotia.

All former treaties having been annulled by the war, Great Britain deemed itself justified in claim

Certain propositions were about that time set forth in periodicals and pamphlets, which were supposed to express the opinions of the government as proper to be insisted upon in adjusting the controversy with this country. Among them was one which aimed to fix the eastern boundary of the United States at the Penobscot, which was asserted to be the old boundary line of the province of Massachusetts, and at all events to have some line drawn, which would secure a free communication between Canada and Nova Scotia. In pointing out the advantages of such a boundary, it is stated in a pamphlet by J. M. Richardson, that there is actually no readily practicable communication between Lower Canada and New Brunswick without crossing a part of the American territory. In pursuance of this policy an expedition was fitted out and possession taken of Castine, a peninsula at the mouth of the Penobscot.

At Ghent too, among the other demands of the British negotiators, was one for a general revision of the boundary line between the United States and the British territories, and on the north east a variation of the line of frontier by a cession of that portion of the district of Maine in the State of Massachusetts, which intervenes between New

vents their direct communication.' As these demands were promptly rejected by the American envoys, a proposal was made of the uti possidetis; and it is worthy of observation, that this proposition was made immediately after accounts had been received, that a British force had taken possession of Castine and the adjacent country.

This principle, therefore, being admitted, the project of the British government to secure the direct route between Canada and Nova Scotia would be realised. This proposition met with no better reception than the demand of a variation of the north east boundary.

The American Commissioners replied, that they perceived under the alleged purpose of opening a direct communication between two of the British provinces in America, that a cession of territory, forming a part of one of the States of the American Union, was required.' They had no authority to cede any part of the territory of the United States, and to no stipulations to that effect would they subscribe. Failing to attain their object directly, a proposition was then made, to adopt some mode of ascertaining the exact location of the northwest corner of Nova Scotia, and to survey the boundary line along the highlands. It was not then pretended, that any doubt existed as to what highlands were intended by the treaty of 1783, but merely that the line had not been run along the highlands which were designated.

To this proposition no objection could be made, and it was incorporated in the treaty of Ghent as the fifth article

With the view of fairly presenting the question now at issue before our readers, we insert that part of the treaty.

'Whereas neither that 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 northwest angle of Nova Scotia, nor the northwestermost head of Connecticut river, 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 the said highlands which divide these 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; thence, by a line due west on said latitude, until 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 authorised, 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 points 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 Iroquois 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 particularizing the latitude and longitude of the northwest angle of Nova Scotia, of the northwesternmost 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 Commissioners differing, or both, or either of them, refusing, or 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 article is contained, and in as full a man

ner as if the same was herein repeated.'

By this article, provision was made for ascertaining in what part of a line running due north from the source of the St Croix, that point of the highlands designated as the northwest corner of Nova Scotia, was to be found. The northwesternmost head of Connecticut river was also to be designated. Those points being ascertained, the Commissioners were to survey the line along the highlands, between the disputed points. No doubt, however, was expressed as to the highlands in question. Those were pointed out as the dividing ridge between the tributaries to the St Lawrence, and those of the Atlantic. The doubts were simply as to the northwest corner of Nova Scotia, and the northwesternmost head of Connecticut river, and the uncertainty as to the first point is limited by its being described as being at some point of the highlands referred to, due north of the source of the St Croix.

Here, then, were to be found. the powers of the Commissioners and the questions to be decided.

Commissioners were accordingly appointed, and after a protracted discussion of the subject, Mr C. P. Van Ness on the part of the United States, and Mr. Barclay the elder, on the British side, disagreed in the report to be made. In the execution of the commission confided to these gentlemen, the British commissioner started a question as to the highlands designated in the treaty of 1783.