sioner proposed to him in February, 1896, that the question be taken up anew, making use of the work done and the information already secured. This, however, was not done. In 1898 an attempt was made by the Joint High Commission to harmonize the differences between the two Governments on the question but no agreement was arrived at and the matter remained in abeyance until 1908. The treaty of April 11, 1908, formally adopted the portions of the boundary upon which the commissioners under the convention of 1892 were agreed and provided for the settlement of the remainder of the line. It provided that each Government should present to the other within six months a full, printed statement of the evidence and the arguments upon which it based its contention, with a view to coming to an agreement upon the matter. The treaty also provided that if an agreement was not reached within six months after the date of exchanging the printed statements the question should be settled by arbitration. The statements were exchanged, but no agreement was reached within the prescribed six months. Early in 1910, before arbitration proceedings provided for under the treaty of 1908 had taken form, Doctor King, the British commissioner, and Dr. O. H. Tittmann, Superintendent of the United States Coast and Geodetic Survey, who had been appointed United States com Liberty Point, southern end of Campobello Island, at entrance to Quoddy Roads missioner, were instructed by their Governments to describe a proposed boundary which would give Pope's Folly Island to the United States and the Upper Middle Ground to Canada. This was done, the commissioners proposing as the course of the boundary line a series of seven connecting straight lines which they believed would satisfactorily divide the waters from Treat Island to a terminus of the boundary at the middle of Grand Manan Channel. By the treaty of May 21, 1910, the line as described by Commissioners King and Tittmann was formally agreed to. In later years, however, it was found that this line did not extend to the high seas. After the work of surveying, ranging, and monumenting the boundary through Passamaquoddy Bay had been completed under the treaties of 1908 and 1910, a careful study of the resulting data showed that the terminus of the boundary line defined by the treaty of 1910 at the middle of Grand Manan Channel was less than Lubec Narrows and Mulholland Point Lighthouse, looking across the boundary from Lubec Breakwater 3 nautical miles distant from the shore line of Grand Manan Island and from the shore line of the State of Maine, thereby leaving a small zone of controvertible jurisdiction in Grand Manan Channel, between the terminus of the boundary and the high seas. The commissioners thereupon recommended to the two Governments that the boundary be extended south 34° 42' west for a distance of 2,383 meters through Grand Manan Channel to a point 3 nautical miles distant from each shore line. This additional course was provided for in Article III of the treaty between the United States and His Britannic Majesty in respect of Canada concluded February 24, 1925, as follows: "The Contracting Parties, in order completely to define the boundary line between the United States and the Dominion of Canada in the Grand Manan Channel, hereby agree that an additional course shall be extended from the terminus of the boundary line defined by the said Treaty of May 21, 1910, south 34° 42' west, for a distance of two thousand three hundred eighty-three (2,383) meters, through the middle of Grand Manan Channel, to the High Seas." BIBLIOGRAPHY While many works have been consulted in preparing the foregoing historical sketch, "A Monograph of the Evolution of the Boundaries of the Province of New Brunswick," by Dr. W. F. Ganong, and "History and Digest of International Arbitrations," by John Bassett Moore, have been of particular assistance. The following is a complete list of the works which have been consulted: AMERICAN STATE PAPERS. Foreign Relations I-VI, Washington, 1789-1828. BLUE-BOOK, 1840. Report of Featherstonhaugh and Mudge. BOURINOT, SIR JOHN. Builders of Nova Scotia; Transactions of the Royal Society of Canada. BRITISH AND FOREIGN STATE PAPERS. GALLATIN, ALBERT. The Rights of the United States of America to the Northeastern Boundary Claimed by Them. New York, 1840. GANONG, W. F. Monograph of the Evolution of the Boundaries of the Province of New Brunswick; Proceedings and Transactions of the Royal Society of Canada, 1904, second series, Volume VII. MEMORIALS OF THE ENGLISH AND FRENCH COMMISSARIES CONCERNING THE LIMITS OF NOVA SCOTIA OR ARCADIA. London, 1755. MALLOY, W. M. Treaties, Conventions, International Acts, Protocols, and Agreements between the United States of America and other Powers. MOORE, JOHN BASSETT. St. Croix River Arbitration; International Adjudications, Modern Series, Volumes I and II. New York, 1929, 1930. History and Digest of International Arbitrations, 6 vols. Washington, 1898. MURDOCH, B. A History of Nova Scotia or Acadie. Halifax, N. S., 1865-1867. NEW YORK COLONIAL DOCUMENTS. SLAFTER, E. F. Sir William Alexander and American Colonization. Boston. Prince Society, 1873. WHITE, JAMES. Boundary Disputes and Treaties. APPENDIX II TREATIES AND CONVENTIONS PERTAINING TO THE BOUNDARY PREVIOUS TO THE TREATY OF 19081 The first definition of the international boundary from the source to the mouth of the St. Croix River appears in the provisional articles of peace, concluded November 30, 1782, between the United States and Great Britain. This description of the boundary was repeated in the definitive treaty of peace of 1783 as Article II, the full text of which is here reprinted. The boundary through Passamaquoddy Bay was left to be determined by the last part of Article II which was intended to fix the nationality of the islands, leaving the boundary to be adjusted in the channels separating islands of unlike nationality. DEFINITIVE TREATY OF PEACE (Concluded at Paris September 3, 1783; ratified by the Congress of the United States January 14, 1784; ratified by Great Britain April 9, 1784) And that all disputes which might arise in future, on the subject of the boundaries of the said United States may be prevented, it is hereby agreed and declared, that the following are, and shall be their boundaries, viz: From the northwest angle of Nova Scotia, viz. that angle which is formed by a line drawn due north from the source of Saint 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, to the northwesternmost head of Connecticut River; thence down along the middle of that river, to the forty-fifth degree of north latitude; from thence, by a line due west on said latitude, until it strikes the river Iroquois or Cataraquy; thence along the middle of said river into Lake Ontario, through the middle of said lake until it strikes the communication by water between that lake and Lake Erie; thence along the middle of said communication into Lake Erie, through the middle of said lake until it arrives at the water communication between that lake and Lake Huron; thence along the middle of said water communication into the Lake Huron; thence through the middle of said lake to the water communication between that lake and Lake Superior; thence through Lake Superior northward of the Isles Royal and Phelipeaux, to the Long Lake; thence through the middle of said Long Lake, and the water communication between it and the Lake of the Woods, to the said Lake of the Woods; thence through the said lake to the most northwestern point thereof, and from thence on a due west course to the river Mississippi; thence by a line to be drawn along the middle of the said river Mississippi until it shall intersect the northernmost part of the thirty-first degree of north latitude. South, by a line to be drawn due east from the determination of the line last mentioned, in the latitude of thirty-one degrees north of the Equator, to the middle of the river Apalachicola or Catahouche; thence along the middle thereof to its junction with the Flint River; thence strait to the head of St. Mary's River; and thence down along the middle of St. Mary's River to the Atlantic Ocean. East, by a line to be drawn along the middle of the river St. Croix, from its mouth in the Bay of Fundy to its source, and from its source directly north to the aforesaid Highlands, which divide the rivers that fall into the Atlantic Ocean from those which fall into the river St. Lawrence; comprehending all islands within twenty leagues of any part of the shores of the United States, and lying between lines to be drawn due east from the points where the aforesaid boundaries between Nova Scotia on the one part, and East Florida on the other, shall respectively touch the Bay of Fundy and the Atlantic Ocean; excepting such islands as now are, or heretofore have been, within the limits of the said province of Nova Scotia. 1 The text of the treaties and conventions has been taken from "Treaties, Conventions, International Acts, Protocols, and Agreements between the United States of America and other Powers," Vol. I, by W. M. Malloy. This differs from other published texts only in unimportant details of punctuation, capitalization, division into paragraphs, and order of precedence. The only official record of the intentions of the negotiators of the treaty of 1783 as to the actual location of the boundary is contained in the text of the treaty, for the negotiators did not attach to the treaty a copy of the map used by them in arriving at their agreements. They failed to realize that, owing to the imperfect knowledge of the topography of the country at that time, the identification of places named in the treaty might be disputed. Disputes soon occurred, the first over the identification of the St. Croix River. Much discussion followed, but no successful steps in the settlement of this difference of opinion were taken until, in the negotiation of the treaty of 1794, an article was included providing for a joint commission to decide this question. The text of this article follows: TREATY OF AMITY, COMMERCE, AND NAVIGATION (Concluded November 19, 1794; ratifications exchanged October 28, 1795) Whereas doubts have arisen what river was truly intended under the name of the river St. Croix, mentioned in the said treaty of peace, and forming a part of the boundary therein described; that question shall be referred to the final decision of commissioners to be appointed in the following manner, viz: One commissioner shall be named by His Majesty, and one by the President of the United States, by and with the advice and consent of the Senate thereof, and the said two commissioners shall agree on the choice of a third; or if they can not so agree, they shall each propose one person, and of the two names so proposed, one shall be drawn by lot in the presence of the two original Commissioners. And the three Commissioners so appointed shall be sworn, impartially to examine and decide the said question, according to such evidence as shall respectively be laid before them on the part of the British Government and of the United States. The said Commissioners shall meet at Halifax, and shall have power to adjourn to such other place or places as they shall think fit. They shall have power to appoint a Secretary, and to employ such surveyors or other persons as they shall judge necessary. The said Commissioners shall, by a declaration, under their hands and seals, decide what river is the river St. Croix, intended by the treaty. The said declaration shall contain a description of the said river, and shall particularize the latitude and longitude of its mouth and of its source. Duplicates of this declaration, and of the statements of their accounts, and of the journal of their proceedings, shall be delivered by them to the agent of His Majesty, and to the agent of the United States, who may be respectively appointed and authorized to manage the business on behalf of the respective Governments. And both parties agree to consider such decision as final and conclusive, so as that the same shall never thereafter be called into question, or made the subject of dispute or difference between them. The commission authorized by Article V of the treaty of 1794 was organized October 4, 1796, and under its direction surveys were made of Passamaquoddy Bay and the rivers entering into the dispute. Much evidence was considered, but before a decision was handed down the commissioners asked for modifications of their instructions. These were negotiated and made a part of the treaty of 1794 by the acceptance by both Governments of the following explanatory article: EXPLANATORY ARTICLE (1798) TO THE TREATY OF NOVEMBER 19, 1794, RELEASING THE COMMISSIONERS UNDER THE FIFTH ARTICLE FROM PARTICULARIZING THE LATITUDE AND LONGITUDE OF THE RIVER ST. CROIX (Concluded March 15, 1798) Whereas by the twenty-eighth article of the treaty of amity, commerce, and navigation between His Britannic Majesty and the United States, signed at London on the nineteenth day 47378-34--12 |