or character which it is now alleged it should bear, as they have by their Record No. 10, under date of 27th of September 1856, transmitted to me, with the other official documents in this matter, pronounced the Montague' to be a 'River,' and determined upon its mouth, though Captain Bayfield, in his Sailing Directions, before referred to, page 123, speaks of it as a sea creek.' It has been urged, that if these places are declared to be Rivers, and not creeks or harbours, then where are the creeks and harbours contemplated by the Treaty. To this it may be answered, that this Treaty does not contemplate Prince Edward Island alone-and even though none such might be found within its narrow circle-yet they may be found in numbers along the five thousand miles of coast, exclusive of Newfoundland, which this Treaty covers, extending from 36th parallel of north latitude in the United States, to the furthest limits of Labrador.

"With these preliminary observations, shall take up the disputed places in Prince Edward Island, and proceed to decide upon them, in the order in which they have been submitted:

"NO. 1.-VERNON.

"I, the undersigned, Arbitrator or Umpire under the Reciprocity Treaty, concluded and signed at Washington on the 5th day of June, A. D. 1854, having proceeded to and examined the Vernon, in Prince Edward Island, concerning which a difference of opinion had arisen between Her Majesty's Commissioner and the Commissioner of the United States, as disclosed in Record No. 11 of their proceedings, am of opinion that the Vernon is entitled to be considered a River.

"It has, at low tide, water for boat and shallop navigation. It has good breadth, requiring a long and strong bridge to cross it. Vessels are built two miles from its mouth. As you drive along its banks, there would be no hesitation in speaking of it, were no question raised, as a River. It would appear as if the salt water were an intrusion into a channel, formed and supplied by a running stream, enlarging and deepening the channel, but finding it there, the banks and surrounding lands all bearing towards the Vernon the same relative formation as the banks towards admitted Rivers. It is spoken of in Bayfield's Sailing Directions as a River, and as such in various Acts of Assembly.

"As such Arbitrator or Umpire, I decide that the Vernon is a River. "Dated at Saint John, in the Province of New-Brunswick, this 8th day of April, A. D. 1858.

"NO. 2.-ORWELL.

"JOHN HAMILTON GRAY.

"I, the undersigned, Arbitrator or Umpire under the Reciprocity Treaty concluded and signed at Washington on the 5th day of June, A. D. 1854, having proceeded to and examined the Orwell, in Prince Edward Island, concerning which a difference of opinion had arisen between Her Britannic Majesty's Commissioner and the Commissioner of the United States, as is disclosed in Record No. 11 of their proceedings, am of opinion that the Orwell is entitled to be considered a River.

"It is spoken of by Bayfield, in conjunction with the Vernon, as a River; has been recognized as such in the Public Acts of the Island; and

described under that designation, as a boundary in the ancient grants, as far back as 1769.

"As such Arbitrator or Umpire, I decide that the Orwell is a River. "Dated at Saint John, in the Province of New-Brunswick, this 8th day of April, A. D. 1858.

"NO. 3.-SEAL.

"JOHN HAMILTON GRAY.

"I, the undersigned, Arbitrator or Umpire under the Reciprocity Treaty, concluded and signed at Washington on the 5th day of June, A. D. 1854, having proceeded to and examined the Seal, in Prince Edward Island, concerning which a difference of opinion had arisen between Her Britannic Majesty's Commissioner and the Commissioner of the United States, as disclosed in Record No. 11 of their proceedings, am of opinion that the Seal is entitled to be considered a River.

"The Seal is spoken of by Bayfield as a River, and recognized as such in the Public Acts of the Island. It is a small tributary of the Vernon, and as such Arbitrator or Umpire, I decide it is a River.

"Dated at Saint John, in the Province of New-Brunswick, this 8th day of April, A. D. 1858.

"NO. 4.-PINNETTE.

"JOHN HAMILTON GRAY.

"I, the undersigned, Arbitrator or Umpire under the Reciprocity Treaty, concluded and signed at Washington on the 5th day of June, A. D. 1854, having proceeded to and examined the Pinnette, in Prince Edward Island, concerning which a difference of opinion had arisen between Her Britannic Majesty's Commissioner and the Commissioner of the United States, as disclosed in Record No. 11 of their proceedings, am of opinion that the Pinnette is a tidal basin or harbour; and as such Arbitrator or Umpire, I decide that it is not a River.

"Dated at Saint John, in the Province of New-Brunswick, this 8th day of April, A. D. 1858.

"NO. 5-MURRAY.

"JOHN HAMILTON GRAY.

"I, the undersigned, Arbitrator or Umpire under the Reciprocity Treaty, concluded and signed at Washington on the 5th day of June, A. D. 1854, having proceeded to and examined the Murray, in Prince Edward Island, concerning which a difference of opinion had arisen between Her Britannic Majesty's Commissioner and the Commissioner of the United States, as disclosed in Record No. 11 of their proceedings, am of opinion that the Murray is entitled to be considered a River.

"The Murray is a River, and entitled to be so considered, in view of its abundant supply of fresh water, its formation, and deep and navigable channel. By reference to the original grants in 1769, of Lots 63 and 64, bordering on the Murray,' it will be seen that the Crown at that early day drew the distinction between the river, the harbour, and the sea coast, and bounds these lots by the harbour and river, and by the sea

coast respectively. It is also recognized in the Public Acts of appropriation of the Island, under that designation.

"As such Arbitrator or Umpire, I decide that the Murray is a River. "Dated Saint John, in the Province of New-Brunswick, this 8th day of April, A. D. 1858.

"NO. 6.—CARDIGAN.

"JOHN HAMILTON GRAY.

"I, the undersigned, Arbitrator or Umpire under the Reciprocity Treaty, concluded and signed at Washington on the 5th day of June, A. D. 1854, having proceeded to and examined the Cardigan, in Prince Edward Island, concerning which a difference of opinion had arisen between Her Britannic Majesty's Commissioner and the Commissioner of the United States, as disclosed in Record No. 11 of their proceedings, am of opinion that the Cardigan is entitled to be considered a River.

"It is so described by Bayfield. It bears a close resemblance to the Montague and the Elliot, which have been declared by both Commissioners, as appears by Records Nos. 9 and 10, to be Rivers. It is so designated by the Crown, in the grant of Lot 34 in 1769; and has been repeatedly recognized as such by the Legislature.

"As such Arbitrator or Umpire, I decide the Cardigan is a River. "Dated at Saint John, in the province of New-Brunswick, this 8th day of April, A. D. 1858.

"JOHN HAMILTON GRAY.

"NO. 7.-BOUGHTON,

“I, the undersigned, Arbitrator or Umpire under the Reciprocity Treaty, concluded and signed at Washington on the 5th of June, A. D. 1854, having proceeded to and examined the Boughton, in Prince Edward Island, concerning which a difference of opinion had arisen between Her Britannic Majesty's Commissioner and the Commissioner of the United States, as disclosed in Record No. 11 of their proceedings, am of opinion that the Boughton is entitled to be considered a River.

"It is deep and broad, affording accommodation for vessels, and facilities for ship building, far in the interior. Its comparatively narrow entrance, and bar across its mouth, are observable and striking characteristics. It is described as such by the Crown, in the grant of Lot 56 in 1769; has been repeatedly recognized by the Legislature, under the name of Grand River; and by Bayfield in his Sailing Directions.

"As such Arbitrator or Umpire, I decide that the Boughton is a River. "Dated at Saint John, in the Province of New-Brunswick, this 8th day of April, A. D. 1858.

"NO. 8.-FORTUNE.

"JOHN HAMILTON GRAY.

"I, the undersigned, Arbitrator or Umpire under the Reciprocity Treaty, concluded and signed at Washington on the 5th day of June, A. D. 1854, having proceeded to and examined the Fortune, in Prince Edward Island, concerning which a difference of opinion had arisen between Her Britannic

Majesty's Commissioner and the Commissioner of the United States, as disclosed in Record No. 11 of their proceedings, am of opinion that the Fortune is a River.

"As such Arbitrator or Umpire, I decide the Fortune to be a River. "Dated at Saint John, in the Province of New-Brunswick, this 8th day of April, A. D. 1858.

"NO. 9.-SOURIS.

"JOHN HAMILTON GRAY.

"I, the undersigned, Arbitrator or Umpire under the Reciprocity Treaty, concluded at Washington on the 5th day of June, A. D. 1854, having proceeded to and examined the Souris, in Prince Edward Island, concerning which a difference of opinion had arisen between Her Britannic Majesty's Commissioner and the Commissioner of the United States, as disclosed in Record No. 11 of their proceedings, am of opinion that the Souris is entitled to be considered a River.

"The Souris is called by Bayfield, Colville River.

"As such arbitrator or Umpire, I decide that the Souris is a River. "Dated at Saint John, in the Province of New-Brunswick, this 8th day of April, A. D. 1858.

"JOHN HAMILTON GRAY.

"NO. 10.-ST. PETER'S.

"I, the undersigned, Arbitrator or Umpire under the Reciprocity Treaty, concluded and signed at Washington on the 5th day of June, A. D. 1854, having proceeded to and examined St. Peter's, in Prince Edward Island, concerning which a difference of opinion had arisen between Her Britannic Majesty's Commissioner and the Commissioner of the United States, as disclosed in Record No. 11 of their proceedings, am of opinion that St. Peter's is not entitled to be considered a River.

"It is claimed by Her Majesty's Commissioner, as a River; by the United States Commissioner, as an inlet of the Sea, or at most a harbour. I think the view taken by the United States Commissioner correct. It is certainly not formed by the Morel, the Midgie, or the Marie, which run into it; and the little stream called Saint Peter's at its head, is entirely unequal to the task. It is also to be observed, that in the ancient grant of Lot 39, in 1769, it is given as a boundary under the designation of St. Peter's Bay; and in the grants of Lots 40 and 41, in the same year (1769), partly bordering on, and partly embracing within their boundaries, Saint Peter's Bay, it is described (though inaccurately as a boundary) as 'the Sea.' I do not find it anywhere recognized in the legislation of the Island as a River; but always as Saint Peter's Bay.

"As such Arbitrator or Umpire, I decide that Saint Peter's is not a River. "Dated at Saint John, in the Province of New-Brunswick, this 8th day of April, A. D. 1858.

"NO. 11.-TRYON.

"JOHN HAMILTON GRAY.

"I, the undersigned, Arbitrator or Umpire under the Reciprocity Treaty, concluded and signed at Washington on the 5th day of June, A. D. 1854, having proceeded to and examined the Tryon, in Prince Edward Island,

concerning which a difference of opinion had arisen between Her Britannic Majesty's Commissioner and the Commissioner of the United States, as disclosed in Record No. 11 of their proceedings, am of opinion that the Tryon is entitled to be considered a River.

"As such Arbitrator or Umpire, I decide the Tryon to be a River. "Dated at Saint John, in the Province of New-Brunswick, this 8th day of April, A. D. 1858.

"NO. 12.-CRAPAUD.

"JOHN HAMILTON GRAY.

"I, the undersigned, Arbitrator or Umpire under the Reciprocity Treaty, concluded and signed at Washington on the 5th day of June, A. D. 1854, having proceeded to and examined the Crapand, in Prince Edward Island, concerning which a difference of opinion had arisen between Her Britannic Majesty's Commissioner and the Commissioner of the United States, as disclosed in Record No. 11 of their proceedings, am of opinion that the Crapaud is not a River.

"As such Arbitrator or Umpire, I decide the Crapaud not to be a River. "Dated at Saint John, in the Province of New-Brunswick, this 8th day of April, A. D. 1858.

"NO. 13.-WINTER.

"JOHN HAMILTON GRAY.

"I, the undersigned, Arbitrator or Umpire under the Recriprocity Treaty, concluded and signed at Washington on the 5th day of June, A. D. 1854, having proceeded to and examined the Winter, in Prince Edward Island, concerning which a difference of opinion had arisen between Her Britannic Majesty's Commissioner and the Commissioner of the United States, as disclosed in Record No. 11 of their proceedings, am of opinion that the Winter is entitled to be considered a River.

"Apart from its rise in the interior, and its abundant fresh water, its channel through Bedford Bay, (as it is called,) is marked and distinctshowing a continuous flow or current of water, from the interior towards the Sea; a channel bounded by shoals; and proving by its deflected course, that the breach in the sands on the sea shore, forming the entrance to the so-called Bedford Bay, has been formed by the water seeking an outlet for itself, not from the Sea making a passage in. In fact, if there were no River or stream in the interior, of sufficient strength to make the outlet, and keep it open, the water of the Sea would only make the embankment more solid, and there would be no bay or harbour at all.

"As such Arbitrator or Umpire, I decide the Winter to be a River. "Dated at Saint John, in the Province of New-Brunswick, this 8th day of April, A. D. 1858.

"NO. 14.-HUNTER.

"JOHN HAMILTON GRAY.

"I, the undersigned, Arbitrator or Umpire under the Reciprocity Treaty, concluded and signed at Washington on the 5th day of June, A. D. 1854, having proceeded to and examined the Hunter, in Prince Edward Island, concerning which a difference of opinion had arisen between Her Britannic