256 ROYAL SOCIETY OF CANADA 
that by the terms of the treaty of 1783 a line drawn due north from 
the source of the St. Croix is to meet highlands separating rivers empty- 
ing into the St. Lawrence from those emptying into the Atlantic, and 
that a line drawn from the source of the Chiputneticook would really 
not strike any such highlands (for it would cross the Restigouche and 
hence would separate waters emptying into the River St. Lawrence from 
those emptying into Bay Chaleur), but a line north from the source 
of the Scoodic would meet highlands separating rivers according to the 
treaty.* The American agent opposed this argument on the ground that 
the position of the highlands far to the north in an almost unknown 
country had nothing to do with the question as to the source of the St. 
Croix, and he made most merry over the idea of the northwest angle 
of Nova Scotia cited by his opponents. We shall see how completely the 
positions of the two parties became reversed later on the question of 
the northwest angle of Nova Scotia. But in this case the commissioners 
seem to have taken the view of the American agent. The British agent 
claimed that the Scoodic was the larger or main river, a point which he 
sustained by the testimony of the Indian name Scoodic, which applies 
to the lower river and the western branch, while the eastern branch has 
a distinct name—the Chiputneticook. This seems to have had weight 
with the commissioners. Two of the commissioners, Barclay and Ben- 
son, decided for the western branch, and the other, Howell, for the 
eastern. But an important difference of opinion arose as to what con- 
stituted the source of the river. Barclay considered it to be the most 
remote western source of the Scoodic lake, but Benson considered it to 
be the point at which the river issued from the lake, for, as he put 
it, “a chain of lakes is not a river,” with which Howell agreed, although 
applying it to the other branch, and putting it thus, that “ the source of 
a river is where it lodges itself in waters of a different denomination,” 
both of which opinions, appear upon the face of them topographically 
absurd.2 Barclay finally agreed with Benson, and it was de- 
~ 1 As a matter of fact, this is not topographically correct, though supposed 
in 1798 to be so, unless Wilkinson’s map is greatly in error, for a due north 
line from the source of the Scoodic still strikes highlands north of Restigouche 
waters, (Map No. 30). On this subject compare also Rives’ Barclay, 69, and 
the interesting letter on page 68. The lines north from the sources of these 
rivers here mentioned appear not to have been run, no doubt because of the 
great difficulties and expense. 
2 Chipman’s account of the reasons leading Benson to this decision is of 
much importance as the fullest exposition of the subject known to us, and 
helps to explain what seems a remarkable decision. It has not yet been pub- 
lished, but is contained in his letter of Dec. 1, 1798, to William Knox, now in 
MS. in my possession. It reads thus :—‘ I was given to understand that the 
reason Mr. Benson could not go to the extent of His Majesty’s claim founded 
in the strong words of Sir William Alexander’s Patent ‘“ to the river St. Croix 
* 
