having the Eastern Boundary of the United States, traced on it with a pen or pencil, 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 whoever it was done. The highlands mentioned in the treaty are—1

"President Adams' Deposition.

"Mitchells Map was the only map or plan which was used by the Commissioners at their public conferences, tho' other Maps were occasionally consulted by the American Commissioners, at their Lodgings; the British Commissioners at first claimed to Piscataqua River, then to Kennebeck, then to Penobscot, and at length agreed to Saint Croix, as marked on Mitchells map, one of the American Ministers at first proposed the River Saint Johns, as marked on Mitchells map; but his colleagues observing that as Saint Croix was the River mentioned in the Charter of Massachusetts Bay they could not justify insisting on Saint Johns, as an ultimatum, he agreed with them to adhere to the Charter of Massachusetts Bay; but whether it was understood, intended, or agreed between the British and American Commissioners, that the River Saint Croix, as marked on Mitchells map, should so be the boundary as to preclude all enquiry 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 Commissioners 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 boundary of the United States. Mitchells map was before them, and frequently consulted for Geographical information. In settling the boundary lines (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 Saint Croix, it being said that several of them had that name. They did finally agree that the River St. Croix laid down in Mitchells 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

This sentence is incomplete in the original, just as is here indicated, and it was so printed by Gallatin and Preble without comment. Obviously a blundering scrivener, in copying Benson's draft, robbed the preceding sentence of a part of its final clause, which should read, "as far as to where most probably it was supposed by whoever it was done the highlands mentioned in the treaty are."

nations to that limit, even in case it should afterwards 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 does 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.'

"Dr. Franklin's Letter.

"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, pretending that it is the Western and not the Eastern river, of the Bay of Passamaquady, which was designated by the name of Saint Croix in the Treaty of Peace with that Nation, 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 a boundary be tween the two nations. I can assure you that I am perfectly 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 published by Mitchell, above twenty Years before. That the Map we used was Mitchells 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 received, 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 Passamaquady, 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, untill it comes to the most Northern Part of it, and thence it is direct towards the North, 'to the River St. Barnabas, being the nearest river discharging itself into the great River 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 Saint Lawrence.

"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 intended in the Grant for Nova Scotia; the reasoning from them being briefly that the immediate 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 will doubtless 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 determining 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 parties 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 decisive.

"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 unsettled, and almost unfrequented; so that the only knowledge of the River, from the Falls in it upwards was scarcely more than what was primitively communicated to the first voyagers there, by the aboriginal savages; namely, that from the Head Waters to the West, there was a portage to the Norembeque, now Penobscott, and from those to the North, there was one to the St. John; let it suffice therefore to intimate, that the reference, as it respected the Source of the River, being as it were an appeal to mere judgement 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 assessed 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 between 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 Saint 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 expressed, 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 the waters which were navigable, that both nations should equally 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 answer 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 Passamaquady; 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 middle 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 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 the St. Croix, and that its mouth was at Joes point."