Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-04-19

explained row. II the high Conrae log Parties ints nd.
ed, in 1888 to establish the boundary at the South OF
the river s.. In, that river which the territory
in dispute Is in great measure, indicted TO- s die
ineve character, has b'en neutral zed aud aside
That the verb divide" appears 10 quire the con-
: ufuity OF the tjects to be "jiviiea :"
d That the said undary forms q, its ex're-
nifty. Only, the immediate separs ion between h ri
yer Mejarme,te, aud the no. thwes ernmost .ad OF
the Pea obsoo, and divides, medistely, the rivers
: hat empty themselves into the river ST Lawrence
: ON the waters Of the Kennebec, Pepobsro., and
Schcodisc lsk's; while Il boundary claned at ,hs
north Of the river ST. John divides Immediately, the
wasrs Of the rvers R-s'igouch, aud s. John, and
media ely thu Scbooiac Lakes. and the Of the
rvsrs Psnob'coi and kennebsc. from the riyers tina,
empty themselves into the rive ST. Lawrence 10 wit:
he rivers Beaver. Mst,, Rmo,sky, Tr,is, P.toe.,
Green, Du LouP. Ksmoura'ks, OueIe, Bra, ST. Nj
choia', Du Sud, l., Famine and Chaudiere.
That even set,rg aside he rivers Rsstg luche aud
st. John for the that they could bs c,ns-
eered falling into the Atlantic Ocean, the northern
ins would ill be- as near, to the Schoodac Lakes
and to the waters Of the Penobsco and Of the Kenne-
be, the southern line weud be the rivers
Me H. Rmousky,and o'hsrs that EN- tn suselves In.
to The river 81 Lawrence and would, as we'll az the
other, 'orm media'e separa'i,n between these and
the rivers falling into he Atlantic OCEAN:
That the prior in,erse ctons OF the soulhsrn bouuda.
ry by line drawn due rorh from the source Of the
advantage over tie other, in both the aud tbs
o her boundary should co nbine, n IN. same degree
| the qualities required by the Treae.:
And the ate as igned by that of 1873. to The Con-
neccu, AID even TO the ST Lawrence, precludes the
suPro'ion that the two powers could have in,ended
to surrender the whole course of each river from lis
source to its rnou,h, 10 ths share Of either the or
the other:
Considering That, after what precsdes, the argu.
msnS adduced on either aide, and the documents ex
Inbred IN support OF them, csunot be cons dsred az
suhceniiy preponderaiing TO d., rhine preference
in favor OF one Of the two lines respectively claimed
by the High Interested Parties as bounds aries Of the
o'se'ons from the source OF the river 81. Croix 10
,h' norhwesiSrnmost head of Connecticut river: and
| nat the nature oil the diHsreDca and the nd
not srficenHy determuate siipuai of tho treaty
OF 1883 do not permit TO adudge either of those lines
TO one oil the said parties without woundirg the prn-
cpiss OF law and equity, with regard TO the other:
Considering That, as has already been said, the
question reso yes itseif into selection 10 be sde OF
ground dividing tbe rivers that empty the msevss in
ms river 81 Lawrence from those that fall into the
Atlantic OCEAN that the High Interested Parties are
agreed with regard 10 the course OF the del
aea'ed ny common accord on the Map A. and afford.
i2g the only bass CT decision:
Ard thai, therefore, the circumstances unon which
such deeion could not be further elucdaed by me ans
oil fresh Typographical Investigation, nor by the pro.
duchou OF additional Documents:
We are Of opinion, Thatt will be suitable III con-
vi ndraI 10 adopt as the boundary OF the two States
line drawn due North from the OF the river ST.
Crox TO the point where il ntersecs the ddl. of the
thslwsg C) OF the river S. john thence IN, mi idl.
oil tue haiweg OF that river, ascending it, 10 ha point
~hsrs the rivsr ST. Francis empes Itself ipto The ri
yer 81 mr. thence the middle OF IN thslweg OF the
RIVER s. Francis, ascending il, 10 the source OF il,
southWesiernmosi branch, which source we indicate
On tie Map A., by the letter y, authenticated by the
signature CT our Minister OF Foreign Affairs hence
ine drawn due West, to the p1int where i, unite with
the line claimed by the United Safe. OF America and
dslinsaed On the Map A., thence said ne to the poiol
at which, according to said Map, i, coocides with
that claimed by Great Britain, aud thence the line
traced on the Map by the two powers TO tbs north
wes'ernmo source OF Connecticut river.
AsregArds the second point, 10 wit: the question
which is the norhwesternmost head of Connscticu,
river:
Considering, That, in order to solve this question:
10 necessary to choose between Connecticut, Lake
River, Perry's Stream, Indian Stream aud H4lps
Stream:
Considering: tt a., according to the usage adopted
IN biography, tho source and the bed of river are
adopted by the name of the river whch is attached to
,uch source and 70 such bed end by their greater
latve Importance, compared 10 that OF IA n waters
communicating with said river:
Considering: That official letter OF I772 already
IN ntions tie name Of Halls Brook: and that 10 en- oi.
ai el.er,of subsequent date the year, HalPs
Brook Is represented as small river falling into the
Copnectcu:
That the river in which Connecticut Lake is situated
pears more considerable than either Halls Indian or
Peuy's Sire am: that Connecticut Lake and the TWO
lakes sua ed rothward Of il, seem 10 ascribs 10 il
create volume of water than the other three rivers
and that admitting TO be the bed of the Conn. CT
cut the course of that river is extended ia Their than
II would be preference was gwen 10 either OF the
her three rivers:
Lastly. that the Map A having been recognized by
the Convention of 1927 indicating tire courses o.
streams, The authority OF that Map would likewi-e
see" W "a Gnu " dppeHdIon, since Inc case o.
dispute such name OF river, o. lake, respsc ing which
the parties were not agreed, may have been omitted
at sad Map mentions Connecticut Lake. aud that the
name OF Connect Like implies The appcabili v OF
the name Of Connecticut to the river which fo ~
through the said Llke:
| We are of opinion: That the stream situated far
ihest to the Noth-wes, amtng those which fall into
the North rnnos OF the three lakes the st of which
bears the name Of CnLeciicu, LAX must be conider
ed as the Nor h-westernmos, head of Connecticut
river.
And to the third point, 10 witt the question which
Is tie boundary to he traced from the.rver Conneet.
cut along the parallel Of the 45,h degree of North l.
itude, to the river s.. Lawrence named in the Tfea-
lies Iroquose aud Ca,araguy:
Considering: That the III Oh Interested Parties dif-
| fer in opinion 10 the queson-Whethsr the Trea
ties require fresh survey OF the whole line of toun
Diary from the river Connecticut TO the river s.. Law
renee, named in The Treaties Ir quois or Caai aguv or
simply the completion Of The an,ien, provincial sur
veys.
Considering: That the fifth article of the T eatv of
Gheni of 1914, does not s,pulate that such portion
OF The boundaries which may not have hitherto be- n
surveyed, shall he surveyed; but declares that the
boundaries have 10! been, and establishes that they
shall he, surveyed.
That, 10 effect fueh survey ought in the relations
between the two Pow ers to be considered as not hav.
ing been made tom the Conn cticut The river ST.
Lawrence, named in The Treai's Ioqnois or Ca,arf-
guy, since the aDcisn survey found to be neor-
rect, and had been O:iered, not by common accord
| .hores:
That in determining the latitude OF places II is Gus
iomary 10 follow III" principle OF the observed latitude:
And that the Government Of the United States Of
America has erected certain orti6c at the rIsce
called Rouses' Point, under the impression that the