[GANONG ] BOUNDARIES OF NEW BRUNSWICK 287 
cided to select as the source the outlet of the easternmost Scoodic lake. 
Such a boundary, however, was found to be not satisfactory, not only 
on natural grounds, but also for the reason that the due north line 
from it would throw into New Brunswick some American grants and 
settlements between the two branches, and into Maine the military post 
at Presqu’ile. Hence, after some further negotiation, initiated by the 
American agent, the steps in which are given by Moore (28),' it was 
and to the remotest source or spring upon the western branch thereof,’’ was, 
that the Crown itself in describing the boundaries of Nova Scotia in the Com- 
missions to the Governors after the peace of 1763, although it adopted 
expressly the greatest part of the boundaries described in that Patent, totally 
omitted those strong expressions respecting the source of this river, and 
merely made use of the terms ‘to the mouth of the river St. Croix, by the 
said river to its source ” ; that the question therefore simply was, to ascer- 
tain what was properly the source of this western branch, as he admitted that 
this was established to be the main river retaining the name of St. Croix ; 
that in deciding the question he could not feel himself warranted in going 
beyond the first lake for the reasons above given, and in confirmation of this 
construction he alluded to the lakes at the head, or which form the source, 
of the River St. Lawrence, which are mentioned in the same article of the 
Treaty of Peace distinctly under their several and respective names, with the 
communications between them, but are not in that Treaty or on any other 
occasion ever considered as a part or called by the name of the River St. 
Lawrence ; that the instance of the Lakes at the head of the Scoudiac was 
much stronger as they are not a chain of lakes regularly communicating with 
each other in succession, but are a cluster or collection of lakes so situated 
that by taking the extreme western spring of the most western lake, as the 
source, it would be impossible ever to trace the line “ along the middle of the 
St. Croix to this source.” Mr. Benson I understood was further of the opinion 
that even if the present question were to be decided upon the words of Sir 
William Alexander’s patent, in order to establish His Majesty’s claim the 
words should have been not merely to the ‘‘remotest source or spring upon 
the western branch” but “to the most western part of the remotest source,’’ 
etc., and that in a trial at law he conceived with this grant, as to this part 
of it, would be declared void for its uncertainty.” 
It is of interest in this connection to note Chipman’s estimate of Benson. 
In a letter of Oct. 19, 1796, to William Knox (MS. in my possession), he writes: 
“Mr. Benson’s character as a man of abilities, probity, disinterestedness and 
magnanimity stand very high.’’ Again in a letter to Knox of Dec. 1, 1798, 
after the decision of the Commission had been rendered he says (MS. in my 
possession) :—‘‘I have the highest opinion of the abilities, integrity and mag- 
nanimity of Mr. Benson, and am fully persuaded that if he could have justi- 
fied to his own mind and conscience a decision that would have confirmed His 
Majesty’s claim to its utmost extent, no consideration of the unpopularity of 
the measure, nor any regard to the warmth and zeal with which this claim 
was opposed by the American agent would have deterred him a moment from 
deciding in its favor.” 
1 The British Agent’s version of this matter is of interest, but has not yet 
been published. It is contained in his letter of Dec. 1, 1798, to William Knox, 
