John, then the said points shall be made to recede down the said northwest branch of the River Saint John to a point seven miles in a straight line from the said summit or crest; thence in a straight line, in a course about south, eight degrees west to the point where the parallel of latitude of 46 25' north, intersects the southwest branch of the Saint John; thence southerly by the said branch to the source thereof in the highlands at the Metjarmette Portage; thence down along the said highlands which divide the waters which empty themselves into the River St. Lawrence, from those which fall into the Atlantic Ocean, to the head of Hall's Stream; thence down the middle of said Stream, till the line thus run intersects the old Line of Boundary surveyed and marked by Valentine and Collins, previously to the year 1774, as the 45th degree of north latitude, and which has been known and understood to be the line of actual division between the States of New York and Vermont on one side, and the British Province of Canada on the other; and from said point of intersection west along the said dividing line, as heretofore known and understood, to the Iroquois or Saint Lawrence River.

ARTICLE II.

It is moreover agreed, that from the place where the joint Commissioners terminated their labours under the Sixth Article of the Treaty of Ghent, to wit, at a point in the Neebish Channel, near Muldy Lake, the line shall run into and along the ship channel between Saint Joseph's and Saint Tammany Islands, to the division of the channel at or near the head of Saint Joseph's Island; thence turning eastwardly and northwardly around the lower end of Saint George's or Sugar Island, and following the middle of the channel which divides Saint George's from Saint Joseph's Island; thence up the east Neebish Channel nearest to Saint George's Island through the middle of Lake George; thence west of Jonas' Island into Saint Mary's River, to a point in the middle of that river about one mile above Saint George's or Sugar Island, so as to appropriate and assign the said Island to the United States; thence adopting the line traced on the Maps by the Commissioners, through the River Saint Mary and Lake Superior, to a point North of Ile Royale, in said Lake,one hundred yards to the north and east of Ile Cha

peau, which last mentioned Island lies near the northeastern point of Ile Royale, where the line marked by the Commissioners terminates; and from the last mentioned point southwesterly through the middle of the Sound between Ile Royale and the northwestern mainland, to the mouth of Pigeon River, and up the said river to and through the North and South Fowl Lakes to the Lakes of the height of land between Lake Superior and the Lake of the Woods; thence along the water-communication to Lake Saisaginaga and through that Lake; thence to and through Cypress Lake, Lac du Bois Blanc, Lac la Croix, Little Vermillion Lake, and Lake Namecan, and through the several smaller lakes, straits, or streams connecting the lakes here mentioned, to that point in Le la Pluie or Rainy Lake, at the Chaudiere Falls, from which the Commissioners traced the line to the most northwestern point of the Lake of the Woods thence along said line to the said most northwestern point, being in latitude 49° 23′ 55′′ north, and in longitude 95 14' 38" west, from the Observatory at Greenwich; thence, according to existing Treaties, due South to its intersection with the 49th parallel of north latitude,and along that parallel to the Rocky Mountains. It being understood that all the water-communications, and all the usual portages along the line from Lake Superior to the Lake of the Woods, and also Grand Portage from the shore of Lake Superior to the Pigeon River, as now actually used, shall be free and open to the use of the subjects and citizens of both Countries.

ARTICLE III.

In order to promote the interests and encourage the industry of all the inhabitants of the countries watered by the River Saint John and its tributaries, whether living within the Province of New Brunswick, or the State of Maine, it is agreed, that where by the provisions of the present Treaty, the River Saint John is declared to be the Line of Boundary, the navigation of the said river shall be free and open to both parties, and shall in no way be obstructed by either; that all the produce of the forest, in logs, lumber, timber, boards, staves, or shingles, or of agriculture, not being manufactured, grown on any of those parts of the State of Maine watered by the River Saint John or by its tributaries, of which fact

reasonable evidence shall, if required, be produced, shall have free access into and through the said River and its said tributaries, having their source within the state of Maine, to and from the seaport at the mouth of the said River Saint John, and to and round the Falls of the said river, either by boats, rafts, or other conveyance; that when within the Province of New Brunswick, the said produce shall be dealt with as if it were the produce of the said Province; that in like manner the inhabitants of the Territory of the Upper Saint John, determined by this Treaty to belong to Her Britannick Majesty, shall have free access to and through the river for their produce, in those parts where the said river runs wholly through the State of Maine; provided always, that this agreement shall give no right to either party to interfere with any regulations not inconsistent with the terms of this Treaty, which the Governments, respectively, of New Brunswick or of Maine may make respecting the navigation of the said river, where both banks thereof shall belong to the same party.

ARTICLE IV.

All grants of land heretofore made by either party within the limits of the territory which by this Treaty falls within the dominions of the other party, shall be held valid ratified, and confirmed to the persons in possession under such grants to the same extent as if such territory had by this Treaty fallen within the dominions of the party by whom such grants were made; and all equitable possessory claims, arising from a possession and improvement of any lot or parcel of land by the person actually in possession, or by those under whom such person claims, for more than six years before the date of this Treaty, shall in like manner be deemed valid, and be confirmed and quited by a release to the person entitled thereto, of the title to such lot or parcel of land, so described as best to include the improvements made thereon; and in all other respects the two Contracting Parties agree to deal upon the most liberal principles of equity with the settlers actually dwelling upon the territory falling to them respectively, which has heretofore been in dispute between them. ARTICLE V.

ARTICLE VI.

It is furthermore understood and agreed, that for the purpose of running and tracing those parts of the line between the source of the Saint Croix and the Saint Lawrence River, which will require to be run and ascertained, and for marking the residue of said line by proper monuments on the land, two Commissioners shall be appointed, one by Her Britannick Majesty, and one by the l'resident of the United States, by and with the advice and consent of the Senate thereof; and the said Commissioners shall meet at Bangor, in the State of Maine, on the 1st day of May next, or as soon thereafter as may be, and shall proceed to mark the line above described from the source of the Saint Croix to the River Saint John, and shall trace on proper maps the dividing line along said River, and along the River Saint Francis to the outlet of the Lake Pohenagamook; and from the outlet of the said Lake they shall ascertain, fix, and mark by proper and durable monuments on the land, the line described in the First Article of this Treaty; and the said Commissioners shall make to each of their respective Governments a joint report or declaration, under their hands and seals, designating such Line or Boundary, and shall accompany such report or declaration with maps, certified by them to be true maps of the new Boundary.

ARTICLES VII, VIII, IX, X, & XI.

The present Treaty shall be duly ratified, and the mutual exchange of Ratifications shall take place in London within six months from the date hereof, or earlier if possible.

In faith whereof, we, the respective Plenipotentiaries have signed this Treaty, and have hereunto affixed our seals. Done in duplicate at Washington,the ninth day of August Anno Domini one thousand eight hundred and forty two. ASHBURTON. DANL. WEBSTER.

[L. S.]

{L. S.]

ANNO DECIMO QUARTO & DECIMO QUINTO

VICTORIÆ REGINE.

CHAPTER LXIII.

An Act for the Settlement of the Boundaries between the Provinces of Canada and New Brunswick.

[7th August 1851.]

WHEREAS certain Disputes have existed respecting the Boundary Line between the Provinces of Canada and New Brunswick in North America; and pending such Disputes certain Funds have arisen from the disputed Territory, and have been received by the Governments of such Provinces respectively: And whereas, with a view to the Settlement of such Disputes, the Governor General of Canada and the Lieutenant Governor of New Brunswick, by the advice of their respective Councils, agreed that the matter in dispute should be referred to Arbitrators, who should be directed to report to Her Majesty's Government, and that such Governor General and Lieutenant Governor should each name an Arbitrator on behalf of the said respective Provinces, and that such Arbitrators should name a third Arbitrator, the Award to be made by the three Arbitrators or any two of them; and it was also agreed by such Governor General and Lieutenant Governor, with the advice aforesaid, that the net proceeds of the funds in the hands of the said Governments arising from the disputed Territory should be applied, first, to defray the expenses of the arbitra.ion, second, to defray the necessary expenses of running the (Boundary) Line as settled, (in case such funds should prove insufficient, the expenses to be borne equally by the respective Governments) and, third, the balance of such funds to the improvement of the Land and Water communication between the Great Falls of the Saint John and the Saint Lawrence: And whereas, in pursuance of the agreement in this behalf, the Governor General of Canada named Thomas Falconer, Esquire, to be one of the said Arbitrators, and the Lieutenant Governor of New Brunswick named Travers Twiss, Doctor of Laws, to be another of the said Arbitrators, and the said Thomas Fal