s to what
were the ancient boundaries of the North American Provinces can be
of no use for the present purpose, because those boundaries were not
maintained by the treaty of 1783 and had in truth never been distinctly
ascertained and laid down.

"Third. The arbiter declares that the northwest angle of Nova Scotia
mentioned in the treaty of 1783 is not a point which was then known
and ascertained; that it is not an angle which is created by the
intersection of any lines of boundary at that time acknowledged as
existing, but that it is an angle still to be found and to be created
by the intersection of new lines, which are hereafter to be drawn in
pursuance of the stipulations of the treaty; and further, that the
nature of the country eastward of the said angle affords no argument
for laying that angle down in one place rather than in another.

"Fourth. He states that no just argument can be deduced for the
settlement of this question from the exercise of the rights of
sovereignty over the fief of Madawaska and over the Madawaska
settlement.

"Fifth. He declares that the highlands contemplated in the treaty should
divide immediately, and not mediately, rivers flowing into the St.
Lawrence and rivers flowing into the Atlantic, and that the word
'divide' requires contiguity of the things to be divided.

"Sixth. He declares that rivers falling into the Bay of Chaleurs and
the Bay of Fundy can not be considered according to the meaning of the
treaty as rivers flowing into the Atlantic, and specifically that the
rivers St. John and Restigouche can not be looked upon as answerable to
the latter description.

"Seventh. He declares that neither the line of boundary claimed by Great
Britain nor that claimed by the United States can be adjudged as the
true line without departing from the principles of equity and justice as
between the two parties."

It was the opinion of His Majesty's Government, Sir Charles alleged,
that the decisions of the arbiter upon the second and third points
referred to him, as well as upon the subordinate questions, ought to be
acquiesced in by the two Governments, and that in any future attempt to
establish a boundary, whether in strict conformity with the words of the
treaty of 1783 or by agreeing to the mode of settlement recommended by
the arbiter, it would be necessary to adopt these seven decisions as
a groundwork for further proceedings; that the British Government,
therefore, previously to