with any _such
last-mentioned rivers_." The undersigned considers it unnecessary
to enter into the question whether according to the context the
circumstance expressed by the adverb "alone" has reference to the verb
"divide" or to the verb "include," because even allowing it to refer to
the former it does not appear to the undersigned that his interpretation
of the passage is thereby impaired or that of Mr. Fox sustained. The
undersigned conceives that the arbiter contemplated two different
_species_ of rivers as admissible into _genus_ of those which "fall into
the Atlantic," to wit, those which fall _directly_ into the Atlantic and
those which fall into it _indirectly_; that the arbiter was further of
opinion, though at variance with the idea entertained in that respect by
the United States, that the rivers St. John and Restigouche, emptying
their waters into the bays of Fundy and Des Chaleurs, did not belong to
the species of rivers falling _directly_ into the Atlantic; that if they
were considered _alone_, therefore, the appellation of "rivers falling
into the Atlantic Ocean" could not be regarded as applicable to them,
because, to use the language of the award, it would be "applying to two
exclusively special cases, where no mention was made of the genus, a
generical expression which would ascribe to them a broader meaning;" but
it is not conceived that the arbiter intended to express an opinion that
these rivers _might not be included with others_ in forming the _genus_
of rivers described by the treaty as those which "fall into the
Atlantic," and that upon this ground they should be wholly excluded in
determining the question of the disputed boundary. While, therefore, the
undersigned agrees with Mr. Fox that the arbiter did not consider these
rivers as falling directly into the Atlantic Ocean, the undersigned can
not concur in Mr. Fox's construction when he supposes the arbiter to
give as a reason for this that they are not divided in company with any
_such last-mentioned rivers_--that is, with rivers falling _directly_
into the Atlantic. Conceding as a point which it is deemed unnecessary
for the present purpose to discuss that the grammatical construction of
the sentence contended for by Mr. Fox is the correct one, the arbiter is
understood to say only that those rivers are not divided _immediately_
with others falling into the Atlantic, either directly or indirectly,
but he does not allege this to be a sufficie