From Fitzmaurice's Life of Shelburne, by permission of Macmillan & Co.

1

ated." The responses elicited by inquiries addressed to the Department of State some years ago by Mr. Justin Winsor,2 and lately repeated by myself, tend to show that the map has been lost. It seems to have disappeared at some time after 1828. Early in November in that year Mr. Gallatin, who was then engaged in preparing the American statement for submission to the King of the Netherlands, visited the Department of State, and one of his first acts on his arrival was to make inquiry for the map said to have been offered in evidence in 1798. The chief clerk, Mr. Brent, immediately produced a copy of Mitchell's map as the identical map in question. "There had been traced on it," says Mr. Gallatin, "originally with a pencil and over it with a pen, the boundary of the United States in conformity with their claim." It was, however, decided not to produce it before the arbitrator. Though Mr. Brent was convinced from tradition, and though there could under all the circumstances be little doubt that it was the map laid before the commissioners in 1798, there was no indorsement or certificate on it to show by whom it was deposited in the Department of State, nor could any letter announcing its transmission be found; and it was thought to be improper as well as impolitic to attempt to support the claim of the United States by equivocal or disputable evidence. There was no knowledge or recollection in the Department of the map sent by Franklin to Jefferson in April 1790.3

Brunswick.

After the settlement of the northeastern Boundary between boundary question, steps were taken by the Canada and New British Government to bring to a close the long-pending dispute as to boundaries between the provinces of Canada and New Brunswick, the political successors in that quarter of the ancient provinces of Quebec and Nova Scotia. In this dispute the two British provinces respectively took the positions of Great Britain and the United States on the northeastern boundary question, Canada claim ing a line drawn northeastwardly from Mars Hill, while New Brunswick claimed substantially the same line as that which had been contended for by the United States; and they maintained their respective pretensions with as much pertinacity as the two national governments had done. So "opposite" were

1 Samuel L. Knapp, Boston Monthly Magazine (1826), 573. Narrative and Critical History of America, VII. 181.

3 Proceedings of the New York Historical Society April 15, 1843, pp. 48-49.

their "views both of principles and of fact," that the home government, deeming the prospect of an adjustment in any other manner "entirely hopeless," determined effectually to intervene; and for that purpose appointed in 1846 a commission composed of Captains Pipon and Henderson, of the royal engineers, and Mr. Johnstone, attorney-general of Nova Scotia, to report on the question whether there was any line that could be drawn which would satisfy "the strict legal claims" of both provinces, and, if no such line could be discovered, to report "how a line could be drawn which would combine the greatest amount of practical convenience to both provinces with the least amount of practical inconvenience to either; adverting at the same time to such interests (if there be any such) as the Empire at large may have in the adjustment of this question." In 1847 Captain Pipon, who died in the preceding year, was succeeded by Major Robinson, also of the royal engineers. During the summers of 1845 and 1847 topographical surveys were made by the engineer officers of the territory in dispute. On July 20, 1848, the three commissioners, Messrs. Robinson, Henderson, and Johnstone, made their report, which is a clear, concise, able statement of the question to which it relates. Referring to the Quebec proclamation of October 7, 1763, the Quebec act of 1774, and the commissions of the governors of Nova Scotia and New Brunswick, as establishing and defining the boundary in dispute, they found (1) that Canada should be bounded on the south "by the north coast of the Bay of Chaleurs as far as its western extremity," and from such western extremity by a line "along certain highlands to the forty-fifth degree of north latitude;" (2) that the "highlands" in question should be those that were described in the proclamation of 1763 as "the highlands which divide the rivers that empty themselves into the River St. Lawrence from those which fall into the sea;"3 and (3) that such high

1 Mr. Gladstone, colonial secretary, to Earl Cathcart, governor-general of Canada, July 2, 1846, Blue Book, "Canada and New Brunswick Boundary," July 11, 1851, p. 81.

2 Blue Book, "Canada and New Brunswick Boundary," 86.

3 In reply to an intimation on the part of Canada that the word "sea" in the proclamation of 1763 might be read "Atlantic Ocean," the commissioners observed that the word "sea" was "alike appropriate throughout the whole course of the boundary," since it comprehended the Atlantic Ocean, the Bay of Fundy, the Gulf of St. Lawrence, and the Bay of Chaleurs, while the term "Atlantic Ocean" would apply only to "a part of the boundary."

lands existed and were those claimed by New Brunswick. The commissioners therefore reported that a line could be drawn which would satisfy the strict legal claims of each province. But they further reported (1) that, westward of the due-north line from the source of the St. Croix, there lay a tract of country, between the highlands and the boundary of the United States under the treaty of 1842, "which in 1763 formed part of the ancient territory of Sagadahock," and "which, according to the strict legal rights of the provinces, belongs to neither;" (2) that the line of boundary demanded by the strict legal rights of the provinces was at variance with the actual possession of both, and with their mutual advantage and convenience; (3) that each province had exercised jurisdiction and extended its settlements for a considerable distance along the River Restigouche, which had thus practically become to that extent their boundary; (4) that, as an attempt to alter this practical and subsisting division could not fail to be injurious, it would be proper that a large part of the territory north of the Restigouche, though strictly belonging to New Brunswick, should be confirmed to Canada; (5) that a considerable portion of the territory west of the due-north line, and belonging to neither province, might be beneficially assigned to New Brunswick, since it was chiefly settled under the authority of that province, was connected with it by natural communications, and had actually been in its possession and under its jurisdiction. Under their instructions to consider questions of convenience, the commissioners therefore recommended "That New Brunswick should be bounded on the west by the boundary of the United States, as traced by the Commissioners of Boundary under the Treaty of Washington, dated August 1842, from the source of the St. Croix to the outlet of the Pohenagamook, thence north-easterly, by prolonging the straight line which has been laid down on the ground as the boundary of the United States, between the Iron Monument at the northwest branch of the River St. John, and the Iron Monument at the said outlet of Lake Pohenagamook, until the line so prolonged shall reach the parallel of 47° 50′ of north latitude, thence by a line due east to that branch of the Restigouche River called the Kedgewick or Grande Fourche, then along the centre of its stream to the Restigouche River, then down the centre of the stream of the Restigouche River to its mouth in the Bay of Chaleurs, and then through the middle of that bay to the Gulf of St. Lawrence, giving to New Brunswick