nt reason for excluding them
when connected with other rivers divided mediately from those emptying
into the St. Lawrence from the genus of rivers "falling into the
Atlantic." On the contrary, it is admitted in the award that the
line claimed to the north of the St. John divides the St. John and
Restigouche in company with the Schoodic Lakes, the Penobscot, and the
Kennebec, which are stated as emptying themselves _directly_ into the
Atlantic; and it is strongly implied in the language used by the arbiter
that the first-named rivers might, in his opinion, be classed for the
purposes of the treaty with those last named, though not in the same
_species_, yet in the same _genus_ of "Atlantic rivers."

The reason why the St. John and Restigouche were not permitted to
determine the question of boundary in favor of the United States is
understood to have been, not that they were to be wholly excluded as
rivers not falling into the Atlantic Ocean, as Mr. Fox appears to
suppose, but because in order to include them in that genus of rivers
they must be considered in connection with other rivers which were not
divided _immediately_, like themselves, from the rivers falling into the
St. Lawrence, but _mediately_ only; which would introduce the principle
that the treaty of 1783 meant highlands that divide as well mediately as
immediately the rivers that empty themselves into the river St. Lawrence
from those which fall into the Atlantic Ocean--a principle which the
arbiter did not reject as unfounded or erroneous, but which, considered
in connection with the other points which he had decided, he regarded as
_equally realized by both lines_, and therefore as constituting an equal
weight in either scale, and consequently affording him no assistance in
determining the dispute between the respective parties.

The arbiter appears to the undersigned to have viewed the rivers St.
John and Restigouche as possessing both a specific and a generic
character; that considered _alone_ they were _specific_', and the
designation in the treaty of "rivers falling into the Atlantic" was
inapplicable to them; that considered _In connection with other rivers_
they were _generic_ and were embraced in the terms of the treaty, but
that as their connection with other rivers would bring them within a
principle which, according to the views taken by him of other parts of
the question, was equally realized by both lines, it would be hazardous
to allow them a