ddle of
the river St. Croix from its mouth in the Bay of Fundy to its source,
and from its source directly north to the aforesaid highlands which
divide the rivers that fall into the Atlantic Ocean from those which
fall into the river St. Lawrence." An immediate execution of some of
the provisions of this treaty was, however, delayed by circumstances on
which it is now unnecessary to dwell, and in November, 1794, a second
treaty was concluded between the two powers. In the meantime, doubts
having arisen as to what river was truly intended under the name of the
St. Croix mentioned in the treaty of peace and forming a part of the
boundary therein described, this question was referred by virtue of
the fifth article of the new treaty to the decision of a commission
appointed in the manner therein prescribed, both parties agreeing to
consider such decision final and conclusive. The commissioners appointed
in pursuance of the fifth article of the treaty of 1794 decided by
their declaration of October 25, 1798, that the northern branch
(Cheputnaticook) of a river called Scoodiac was the true river St. Croix
intended by the treaty of peace.
At the date of the treaty of Ghent, December 24, 1814, the whole of
the boundary line from the source of the river St. Croix to the most
northwesternmost point of the Lake of the Woods still remained
unascertained, and it was therefore agreed to provide for a final
adjustment thereof. For this purpose the appointment of commissioners
was authorized by the fifth article of the treaty of Ghent, with power
to ascertain and determine the northwest angle of Nova Scotia and the
northwestern-most head of Connecticut River, in conformity with the
provisions of the treaty of 1783, and to cause the boundary from the
source of the river St. Croix to the river Iroquois or Cateraguy to be
surveyed and marked according to the said provisions, etc. In the event
of the commissioners differing, or both or either of them failing to
act, the same article made provision for a reference to a friendly
sovereign or state. Commissioners were appointed under this article in
1815-16, but although their sessions continued several years, they were
unable to agree on any of the matters referred to them. Separate reports
were accordingly made to both Governments of the two commissioners in
1822, stating the points on which they differed and the grounds upon
which their respective opinions had been formed. The case havin
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