Fulfillment of the
Treaty of Peace.

(4) The British agent and British commissioner found support for their claim to the most remote western spring as the source of the St. Croix in the argument that this construction best fulfilled the conditions of the treaty of peace with which the River St. Croix was connected. By that treaty the boundary is defined as proceeding "from the northwest angle of Nova Scotia, viz, that angle which is formed by a line drawn due north from the source of St. Croix River to the Highlands; along the said Highlands which divide those rivers that empty themselves into the river St. Lawrence from those which fall into the Atlantic Ocean." A line drawn due north from the source of the Chiputneticook would, said the British representatives, strike the highlands at a point where they divided rivers flowing into the River St. Lawrence from rivers falling into the Gulf of St. Lawrence or the Bay of Chaleurs. On the other hand, a line drawn from the most northwestern spring that found an outlet through the St. Croix-a spring not far from the Penobscot-would strike highlands that fulfilled the conditions of the treaty of peace, by dividing rivers emptying into the River St. Lawrence from rivers falling into the Atlantic Ocean. Such a line would, said the British agent, also leave each party in the exclusive possession of the rivers rising within its territory, with the single exception of the River St. John. To this the agent of the United States replied tha as yet neither the northwest angle of Nova Scotia nor the highlands had been ascertained and determined, and consequently that nothing could be predicated of them.3

Decision of the Commission.

Finally, as Mr. Howell informs us, Mr. Barclay came to Mr. Benson on the western branch of the Schoodiac, at the point where it enters Lake Genesagaragum-siss. To this effect a declaration was drawn up for the purpose of a decision; but in this declaration Mr. Howell refused to unite. On the 23d of October,

Rives's Correspondence of Thomas Barclay, 68, 70.

2 Am. State Papers, For. Rel. VI. 913-921.

3 Appendix No. 2 to the Second British Statement before the King of the Netherlands, under the convention of September 29, 1827.

Am. State Papers, For. Rel. VI. 922.

"The three Commissioners agreed that the Schoodiac is the St. Croix truly intended, etc. The remaining question regarded the source only. Mr. Benson and Mr. Barclay persued the south branch for the source and Mr. Howell persued the north. He very fortunately fixed himself at the

however, Mr. Liston happened to come to Providence on his way southward. He first met Mr. Sullivan, who informed him of the state of the business, and later in the day he had a conference with Mr. Chipman and Mr. Barclay, during a part of which Mr. Sullivan was present. Before the conference was over they all agreed, as a matter of negotiation and ac commodation, to take the northernmost source of the Chiputneticook as the source of the St. Croix, Mr. Liston assuming responsibility for this conclusion on the part of Great Britain.' By this decision, which made the boundary run in a northwesterly direction to the source of the St. Croix, the due north line from that point ran 9 miles to the westward of the British military post at Presque Isle, and intersected the River St. John 4 miles to the westward of the Grand Falls and 135 miles above Fredericton. A due north line from the eastern end of Lake Genesagaragum-siss, though it would have given to Great Britain some territory to the west of the Chiputneticook, would have intersected the St. John so as to leave the military post at Presque Isle and the Grand Falls within the United States. With Mr. Sullivan the prevailing consideration in taking a more westerly boundary from the source of the St. Croix seems to have been to save grants of land which

place where the river issues from the first lake on the south of a long chain of lakes which lie in nearly a northwest course above it. This reduced Benson to a situation not quite agreeable, for he not only went to the south branch with Barclay alone, but he went through a great extent of the country, if he went to the western lake. He therefore on the same idea which held Howell to the place where the river is lost in the first lake took his stand at the first lake on the south branch. Barclay came to him there, perhaps to prevent his going back to Howell; they in fact agreed to take a north line from the east end of that lake about nine miles west of the forks, and crossing the first point of the north branch forming a line by point of compass from the Schoodiac south branch to the Highlands; on this I applied to the English Agent and convinced him that such a line would be no settlement of the controversy; but he said he could not prevail on Barclay to give it up, unless he would assume the responsibility of the measure, and though he was convinced that it was for the interest of his nation to do it, yet he was afraid to interpose. I conversed freely with Benson and he intimated that as the source was rather a matter of accommodation he would yield in a great measure to the other two where they were united. Thus we stood on the 22d instant and a declaration was formed, not engrossed, for two of the commissioners to sign." (Mr. Sullivan to Mr. Pickering, Secretary of State, October 25, 1798, MSS. Dept. of State.)

1 Rives's Correspondence of Thomas Barclay, 89.

had been made to individuals by the State of Massachusetts southward of that point, in the region just west of the Chiputneticook. The country to the north was as yet for the most part practically unexplored, and little value was attached to it as compared with the region nearer the sea. Moreover, it was by both sides deemed advantageous to secure as long a line as possible of natural boundary."

The declaration of the commissioners is as follows: 3

Declaration.

"Declaration of the Commissioners under the Fifth Article of the Treaty of 1794, between the United States and Great Britain, respecting the true River St. Croix, by Thomas Barclay, David Howell and Egbert Benson, Commissioners appointed in pursuance of the 5th Article of the Treaty of Amity, Commerce, and Navigation, between His Britannic Majesty and the United States of America, finally to decide the question, What River was

6

1 Rives's Correspondence of Thomas Barclay, 87, 88; Amory's Life of Sullivan, I. 330, 332.

2 Mr. Howell, in a letter to Mr. Pickering, Secretary of State, of January 3, 1799, referring to the condition of things just prior to the arrival of Mr. Liston, says: "While things were in this posture, something like a negotiation, started by Judge Sullivan, and, I believe, assented to by Mr. Liston carried them to the north branch, and induced me to agree with them in our final result; to induce me to which, Judge Sullivan read to me your letters to him, in which you contended that the source of a river must be at the most remote waters which flow in [to] it. It must be allowed that there is room for debate and for a diversity of opinion on this question, whether the source of the north branch is the first lake, or where we have fixed it. I consider it as a fortunate circumstance that all the claims of individuals are quieted; and the satisfaction expressed by both agents gave reason to hope that the parties more immediately interested would readily acquiesce in our result." (Amory's Life of Sullivan, I. 332.)

* *

“Mr. Howell declined being a party to the declaration until it was engrossed and ready for execution. He then reluctantly directed his name to be inserted in the Declaration, which he eventually signed. By the present decision all grants under the Crown are secured. The mast country preserved and about nine-tenths of the Lands in dispute confirmed to the King; in addition to all which the Chiputnatecook putting the Grant of Alexander out of the Question, is beyond all doubt the principal feeder of the River St. Croix, and of course the Branch on which the Source is to be found and from its direct course an infinitely preferable national boundary to the upper part of the Scoudiac." (Mr. Barclay to Lord Grenville, November 10, 1798, Rives's Correspondence of Thomas Barclay, 93.)

3 MSS. Dept. of State. The declaration has been printed, but not with entire accuracy, in Am. State Papers, For. Rel. VI. 921, and elsewhere.

truly intended under the name of the River Saint Croix mentioned in the treaty of Peace between His Majesty and the United States, and forming a part of the boundary therein described.'

"DECLARATION.

"We, the said Commissioners, having been sworn 'impartially to examine and decide the said question, according to such evidence as should respectively be laid before us, on the part of the British Government, and of the United States,' and having heard the evidence which hath been laid before us, by the Agent of His Majesty, and the Agent of the United States, respectively appointed and authorized to manage the business on behalf of the respective Governments, have decided, and hereby do decide, the River, hereinafter particularly described and mentioned, to be the River truly intended under the name of the River Saint Croix, in the said Treaty of Peace, and forming a part of the boundary therein described; that is to say, the mouth of the said river is in Passamaquoddy Bay, at a point of land called Joe's Point,' about one mile northward from the northern part of Saint Andrew's Island, and in the latitude of forty-five degrees five minutes and five seconds north, and in the longitude of sixty-seven degrees twelve minutes and thirty seconds west, from the Royal Observatory at Greenwich, in Great Britain, and three degrees fifty-four minutes and fifteen seconds east from Harvard College, in the University of Cambridge, in the State of Massachusetts, and the course of the said river up from its said mouth, is northerly to a point of land called the Devil's Head, then turning the said point, is westerly to where it divides into two streams, the one coming from the westward, and the other coming from the northward, having the Indian name of Chiputnaticook or Chibuitcook, as the same may be variously spelt, then up the said stream, so coming from the northward to its source, which is at a stake near a Yellow Birch Tree, hooped with iron, and marked S. T. and H. 1797, by Samuel Titcomb and John Harris, the Surveyors employed to survey the above-mentioned stream, coming from the northward. And the said River is designated on the Map hereunto annexed, and hereby referred to as farther descriptive of it, by the letters A B C D E F G H I K and L, the letter A being at its said mouth, and the letter L being at its said source; and the course and distance of the said source from the Island, at the confluence of the above-mentioned two streams, is, as laid down on the said map, north five degrees and about fifteen minutes west, by the magnet, about forty-eight miles and one quarter.

"In testimony whereof, we have hereunto set our hands and seals, at Providence, in the State of Rhode Island, the twenty

This is "Ive's Point" in some of the copies of the award, but in the original it is properly given as Joe's Point.