found to be no more than
1,024 feet in height, but no one can deny its title to the name of a
highland. From this a continuous chain of heights has been ascertained
to exist, bounding in the first instance the valley of the Matapediac
to the sources of that stream, which they separate from those of the
Metis. The height of land then passes between the waters of Metis and
Restigouche, and, bending around the sources of the latter to the
sources of the Rimouski, begins there to separate waters which fall into
the St. Lawrence from those which fall into the St. John, which they
continue to do as far as the point where they merge in the line admitted
by both parties.

[Footnote 57: Report of Featherstonhaugh and Mudge, pp. 6, 23.]

These highlands have all the characteristics necessary to constitute
them the highlands of the treaty. Throughout their whole northern
and western slopes flow streams which empty themselves into the St.
Lawrence. Beginning at the Bay of Chaleurs, they in the first place
divide, as it is necessary they should, waters which fall into that
bay; they next separate the waters of Restigouche from those of Metis;
they then make a great detour to the south and inclose the valley
of Rimouski, separating its waters from those of Matapediac and
Restigouche, the Green River of St. John and Tuladi; they next perform a
circuit around Lake Temiscouata, separating its basin from those of the
Otty and Trois Pistoles, until they reach the Temiscouata portage at
Mount Paradis. This portage they cross five times, and finally, bending
backward to the north, inclose the stream of the St. Francis, whose
waters they divide from those of Trois Pistoles, Du Loup, and the Green
River of the St. Lawrence. Leaving the Temiscouata portage at the
sixteenth milepost, a region positively mountainous is entered, which
character continues to the sources of the Etchemin. It there assumes for
a short space the character of a rolling country, no point in which,
however, is less than 1,200 feet above the level of the sea. It speedily
resumes a mountainous character, which continues unaltered to the
sources of the Connecticut.

Now it is maintained that all the streams and waters which have been
named as flowing from the southern and eastern sides of this line are in
the intended sense of the treaty of 1783 rivers which empty themselves
into the Atlantic. The first argument adduced in support of this
position is that the framers of