286 ROYAL SOCIETY OF CANADA 
The Agent of the United States further objected that in consequence of 
this decision respecting the mouth of the river, the right of navigation from 
the Bay of Fundy thro’ the Islands to it might be contested. 
Chipman answered by pointing out that these consequences had 
nothing to do with the question before the commissioners which was 
simply the just determination of the River St. Croix truly intended by 
the Treaty of Peace, with which opinion the commissioners agreed, 
and made their decision fixing the mouth of the river at Joes Point. 
This left the question precisely as it was left by the Treaty in 1783, 
but the whole question was better defined. It was plain that all of the 
islands fell south of the due east line, but there was good evidence that 
all, except perhaps Grand Manan, had been formerly within Nova 
Scotia. It was plain also that the United States must obtain posses- 
sion of Moose Island or be cut off.from all communication with the 
Scoodic and Inner Bay of Passamaquoddy, except by special arrange- 
ment with Great Britain. 
The next step obviously was to submit the question to negotiation, 
and in 1801, the American minister at London was instructed to open 
such negotiations, and in 1803, a convention was concluded between 
him and Lord Hawkesbury, Article I, of which reads thus :— 
The line hereinafter described shall and hereby is declared to be the 
boundary between the mouth of the river St. Croix and the bay of Fundy: 
that is to say, a line beginning in the middle of the channel of the river St. 
Croix, at its mouth, as the same has been ascertained by the commissioners 
appointed for that purpose; thence through the middle of the channel 
between Deer island on the east and north, and Moose island, and Campo 
Bello island on the west and south, and round the eastern point of Campo 
Bello island, to the bay of Fundy; and the islands and waters northward 
and eastward of the said boundary, together with the island of Campo Bello. 
situated on the southward thereof, are hereby declared to be within the 
jurisdiction and part of His Majesty’s province of New Brunswick; and 
the islands and waters southward and westward of the said boundary, ex- 
cept only the island of Campo Bello, are hereby declared to be within the 
jurisdiction and part of Massachusetts. (State Papers, II., 584). 
The American Minister had been instructed by Madison in 1801 
(State Papers II, 385), to have Campobello included in the United 
States, but evidently this could not be secured. 
This convention was arranged on the basis of convenience rather 
than of strict legal right, and it was practically the decision after- 
wards adopted by the Commission of 1817. But it was never ratified, 

1 In 1807 the New Brunswick legislature appears to have made a great 
protest against the line here proposed. Atcheson, ‘‘American Encroachments.” 
110. 
