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coast, formed by the sea, a creek, a bay, or harbour, unformed by and unconnected with any River, one of those indentations in a coast, indebted to the sea mainly for its waters, then plainly it is not intended or entitled to be reserved; but if on the contrary it is formed by the escape of waters from the interior, by a River seeking its outlet to the deep, showing by the width and depth of its channel at low water that it is not to the sea it owes its formation, then plainly it is the mouth of a River and intended to be reserved.

“Captain Bayfield describes the Buctouche as follows, pp. 53 and 54:

""Buctouche Roadstead, off the entrance of Buctouche River and in the widest part of the channel within the outer bar, is perfectly safe for a vessel with good anchors and cables; the ground being a stiff tenacious clay, and the outer bar preventing any very heavy sea from coming into the anchorage. It is here that vessels, of too great draft of water to enter the river, lie moored to take in cargoes of lumber.

“Buctouche River enters the sea to the S. E., through the shallow bay within the Buctouche sand-bar, as will be seen in the chart. The two white beacons which I have mentioned, as pointing out the best anchorage in the roadstead, are intended to lead in over the bar of sand and flat sandstone, in the best water, namely, 8 feet at low water and 12 feet at high water in ordinary spring tides. But the channel is so narrow, intricate, and encumbered with oyster beds, that written directions are as useless as the assistance of a pilot is absolutely necessary to take a vessel safely into the River. Within the bar is a wide part of the channel in which vessels may ride safely in 2} and 3 fathoms over mud bottom; but off Giddis Point the channel becomes as difficult, narrow, and shallow as at the bar. It is in its course through the bay that the Buctouche is so shallow and intricate; higher up its channel being free from obstruction, and in some places 5 fathoms deep. Having crossed the bar, a vessel may ascend about 10 miles further, and boats 13 or 14 miles, to where the tide water ends.'

“ By an examination of the channel we find miles up this River a deep continuous channel of twelve, fifteen, twenty, twenty-four, and thirty feet, down to Priest Point, varying from eighteen to twenty-four feet to Giddis Point, and thence to a line drawn across from the Sand Bar to Glover's Point, from seven to twenty feet, but of greater width. On the outside of this channel, which is clearly defined, and between the Sand Bar and the channel, we find mud flats with dry patches and oyster beds, 'flats of mud and ell grass, with dry patches at low water;' with depths from Priest Point to the Sand Bar, varying from four to six feet, and from the channel off Giddis Point to the bar, from one foot to three. On the other side of the channel, from Priest Point and Giduis Point we find 'flats of mud and weeds, with dry patches and oyster beds. What has given depth and breadth to this channel? The tide rises in this vicinity about four feet; would that rise create a channel of the average depth above named! Can there be any doubt that it is created by the great body of the river water finding its way to the Sea? The line from 'Glover's Point to the Southern extremity of the Sand Bar, marked in red on plan No. 1,' is claimed by Her Majesty's Commissioner as the mouth of the River, and admitted by the United States Commissioner as the mouth of the harbour; but if there were no River here, would there be any harbour at all? I think not, and this line therefore, while it constitutes the mouth of the harbour, also constitutes the mouth of the River.

“This conclusion is consonant with the conclusion at which the Commissioners themselves arrived, in the cases of the Elliot and Montague Rivers in Prince Edward Island, as shown by Records Nos. 9 and 10. The harbours of Charlottetown, and Georgetown are clearly within the lines they have marked and designated as the mouths of those Rivers respectively, and thus within the lines of exclusion; but if the express words of the Treaty gave a right to such harbours, because 'harbours,' then why did the Commissioners exclude them? And why should not the same principle which governed the commissioners in their decision with regard to those ‘harbours,' not (sic) also govern with regard to Buctouche Harbour?

As Arbitrator or Umpire, I decide that a line from Glover's Point to the Southern extremity of the Sand Bar, marked in red on Plan No. 1, in Record No. 2, designates the mouth of the River Buctouche.

“Dated at Saint John, in the Province of New-Brunswick, this 8th day of April, A. D. 1838.

• JOHN HAMILTON GRAY. “It may not come within the exact line of my duty, but I cannot forbear remarking, that the true benefits of this Treaty can only be realized to the inhabitants of both countries by a course of mutual forbearance, and enlightened liberality. Captious objections, fancied violations and insults, should be discountenanced; and above all, there should be an abstinence from attributing to either nation or people, as a national feeling, the spirit of aggression which may occasionally lead individuals to act in direct contravention of its terms. Every friend of humanity would regret further misunderstanding between Great Britain and the United States. The march of improvement which is to bring the broad regions of North America, between the Atlantic and Pacific, within the pale of civilization, is committed by Providence to their direction; fearful will be the responsibility of that nation which mars so noble a heritage.

“Dated at Saint John, in the Province of New-Brunswick, this 8th day of April, 1858.

“JOHN HAMILTON GRAY." On September 19, 1855, the commissioners Declarations of the recorded their disagreement as to the mouth Commissioners.

of the Buctouche River. Their last award, which was made February 13, 1866, related to certain rivers in Newfoundland. The declarations of the commissioners, which include their entries in the umpire cases as well as their awards, are as follows:

"NO. 3.4-THE RIVER PISCATAQUA. We, the undersigned, Commissioners under the Reciprocity Treaty between the United States and Great Britain, signed at Washington on the 5th of June, A. D. 1854, having examined the Piscataqua River, on

Declarations Nos, 1 and 2 are given (supra, 451-452,) in the umpire's awards. The copy given in the awards is the British copy, in which the British commissioner's contention and name have precedence. In the United States copy of the declarations the United States commissioner's contention and name have procerience. It is superfluous to say that there is no difference in the substance of the declarations.

the Coast of the United States, (the said River forming the boundary between the States of Maine and New Hampshire,) Do hereby agree and decide, thuit a line drawn from Frost Point to the Southern end of Wood Island, and thence to the Main Land, the said line bearing N., 68° 45' E., (inagnetic) as shown on the Plan 3, Record Book No. 2, shall mark the moutlı, or outer limit of the said Piscataqua River; and that all the waters within, or to the westward of such line, shall be reserved and excluded from the common right of fishing therein, under the first and second articles of the Treaty aforesaid.-Dated at Boston, United States, on this 26th day of June, A. D. 1856.

“G. G. CUSHMAN, U, S. Commissioner. “M. H. PERLEY, H. M. Commissioner,

NO. 4.-THE RIVER MERRIMACK.

We, the undersigned, Commissioners under the Reciprocity Treaty between the United States and Great Britain, signed at Washington on the 5th day of June, A. D. 1854, having examined the Merrimack River, on the Coast of the United States, the mouth of the said River being within the limits of the State of Massachusetts, Do hereby agree and decide, that a line bearing North, 10° E., magnetic, from the easternmost of the two Light Houses standing upon Plum Island, on the South side of the entrance to the said River, as shown on the Plan 5, Record Book No. 2, shall mark the mouth or other limit of the said Merrimack River; and that all the waters within, or to the Westward of such line, shall be reserved and excluded from the common right of fishing therein, under the first and second articles of the Treaty aforesaid.-Dated at Boston, United States, on this 26th day of June, A. D. 1856.

G. G. CUSHMAN, U. S. Commissioner. “M. H. PERLEY, H. M. Commissioner.

+ NO. 5.-TIE RIVER IPSWICH.

“We, the undersigned, Commissioners under the Reciprocity Treaty between the United States and Great Britain, signed at Washington on the 5th of June, A. D. 1851, having examined the Ipswich River, on the Coast of the United States, the said River being within the limits of the State of Massachusetts, Do hereby agree and decide, that a line bearing North, 30° 46' West, (magnetic) from the Sonth point of the entrance to said River, as shown on the Plan No. 5, Record Book, No. 2, shall mark the mouth or outer limit of the said Ipswich River; and that all the waters within, or to the Westward of such line, shall be reserved and excluded from the common right of fishing therein, under the first and second articles of the treaty aforesaid.—Dated at Boston, United States, this 26th day of June, A. D. 1856.

“G. G. CUSHMAN, U. S. Commissioner. “M. H. PERLEY, H. V. Commissioner.

“NO. 6.- THE RIVER TAUNTON.

“We, the undersigner, Commissioners under the Reciprocity Treaty between the United States and Great Britain, signed at Washington on the 5th day of June, A. D. 1834, having examined the Taunton River, emptying into Narragansett Bay, Coast of the United States, the said

River being within the limits of the State of Massachusetts, Do hereby agree and decide, that a line bearing Northwest and Southeast, (magnetic,) drawn through the White Beacon, standing nearly midway of the entrance to said River, and in front of the Southern end of the Town of Fall River, is shown ou the Plan 6, Record Book No. 2, shall mark the mouth or outer limit of the said Taunton River; and that all the waters within, or to the northward of such line, shall be reserved and excluded from the common right of fishing therein, under the first and second articles of the Treaty aforesaid.-Dated at Boston, United States, this 30th day of June, A. D. 1856.

“M. H. PERLEY, H. M. Commissioner. “G. G. CUSHMAN, l'. s. Commissioner.

“NO. 7.—THE RIVER SEEKONK, OR PROVIDENCE. “We, the undersigned, Commissioners under the Reciprocity Treaty between the United States and Great Britain, signed at Washington on the 5th day of June, A. D. 1851, having examined the Seekonk or Providence River, empgting into Narragansett Bay, Coast of the United States, the entrance to said River being within the limits of the State of Rhode Island, Do hereby agree and decide, that a line drawn from the Light House on Nayatt Point, to Conmimicut Point, bearing S., 700 W., (magnetic) as showu on the Plan 6, Record Book No. 2, shall mark the mouth or outer limit of the said Seekonk or Providence River; and that all the waters within, or to the northward of such line, shall be reserved and excluded from the common right of fishing therein, under the first and second articles of the aforesaid Treaty:-Dated at Boston, United States, on this 30th day of June, A. D. 1856.

“G. G. CUSHMAN, U. S. Commissioner. “M. H. PERLEY, H. M. Commissioner.

"NO. 8.-THE RIVER DUNK.

“We, the undersigned, Commissioners nder the Reciprocity Treaty between the l'nited States and Great Britain, signed at Washington on the 5th day of June, A. 1). 1851, having examine the Dunk River, emptying into the Bedegue Bay, on the Coast of Prince Edward Island, one of the British North American Colonies, Do hereby agree and decide, that a line bearing north, (magnetic,) drawn from the Northern end of Indian Island to Green Shore or Wharf, as shown in the Plan 7, Record Book No. 2, shall mark the mouth or outer limit of the said Dunk River; and that all the waters within, or to the Eastward of such line, shall be reserved and excluded from the common right of fishing therein, under the first and second articles of the Treaty aforesaid.-Dated at Bangor, in the State of Maine, United States, this 27th day of September, A. D. 1856.

“G. G. (USIMAX, l'. S. Commissioner. “M. H. PERLEY, H. M. Commissioner.

"NO. 12.1_CHOICE OF (MPIRE.

“We, the undersigned, ('ommissioners under the Reciprocity Treaty between the United States and Great Britain, signed at Washington on the 5th day of June, A. D. 1854, having met at Eastport, in the State of Maine,

Declarations 9, 10, and 11 are given (supra, 462) in the awards of the umpire.

for the purpose of choosing an Arbitrator or Umpire under the 1st Article
of the said Treaty to decide upon the disagreement between us relative to
the River Buctouche, of which record was made on the 19th day of Sep-
tember A. D. 1835; as also upon the disagreement between us relative to
the River Miramichi, of which record was made on the 27th day of Sep-
tember A. D. 1835; and likewise upon the disagreement between us relative
to the Rivers of Prince Edward Island, of which record was made on the
27th day of September A. D. 1856; and each of us, the said Commissioners,
having named a person to act as such Arbitrator or Umpire, and not agree-
ing thereupon, it was determined by lot, as provided by the said Treaty,
that the Hon. John Hamilton Gray of St. John, New Brunswick, should
be such Arbitrator or Umpire to decide as aforesaid, of which record is
made accordingly:-Dated at Eastport, in the State of Maine, this 20th
day of July, A. D. 1857.

“G. G. CUSHMAN, U. S. Commissioner.
“M. H. PERLEY, H. Y, Commissioner,

"XO. 13.-OATH OF THE UMPIRE.

“I, The Honorable John Hamilton Gray of the City of Saint John, in
the Province of New Brunswick, the arbitrator and Umpire duly chosen
under the first Article of the Treaty concluded between Great Britain and
the United States on the fifth day of June, in the year of Our Lord, One
Thousand eight hundred and fifty-four, do hereby solemnly declare, That
I will impartially and carefully examine and decide, to the best of my
judgment and according to justice and equity, without fear, favor, or
affection, to my own country, upon all such differences or disagreements
between the Commissioners under the said Treaty, as shall be submitted
to me; and I make this Solemn declaration, as directed by the first Article
of the Said Treaty, and in accordance therewith.

"J. H. GRAY.

“Subscribed in our presence and Sworn before Us, at the City of Saint
John in the Province of New Brunswick this Twenty Second day of July,
A. D. 1857.

“W. A. SMITH,
Mayor of the city of Saint John, Prorince of New Brunswick.

“C. WHITAKER,
U.S. Consul St. John, N. B.

"NO. 14.-RIVERS RISTIGOUCHE, BATHURST, POKEMOUCHE, TRACADIE,
TABUSINTAC, KOUCHIBOUGUAC, RICHIBUCTO, PETICODIAC, SHEPODY,
SACKVILLE, MUSQUASH, LEPREAU, MAGAGUADAVIC, MINUDIE.

“We, the undersigned, Commissioners under the Reciprocity Treaty
between the United States and Great Britain, concluded and signed at
Washington on the 5th day of June A. D. 1851, having examined the River
Ristigouche, forming the boundary between Canada East and New Bruns-
wick; and also the Rivers Bathurst, Pokemouche, North and South Tracadie,
Tabusintac, Kouchibouguac, Richibucto, Peticodiac, Shepody, Sackville,
Musquash, Lopreali and Magaguadavic, in the Province of New Bruns-
wick; and also the Minudie River in the Province of Nova Scotia, do hereby
ayroo and decide that the following described lines, as shown on Plans 8,

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