[GANONG ] BOUNDARIES OF NEW BRUNSWICK 287 
nor was a second attempt in the same direction, attempted in 1807. 
No mention is here made of Grand Manan. (Moore, 46.) 
In the meantime, in 1805, an American vessel was seized for 
illicit trading in Passamaquoddy Bay, and taken to St..John, where 
litigation followed, in which Chipman was concerned as Solicitor- 
General,t some account of which is to be found in the Winslow papers 
(see Index, Falmouth). Of considerable interest is the statement of 
Leonard, who writes to Winslow (545), “the opposite party—the 
claimants do not yet know the object of our pursuit, the condemnation 
of the vessel is a second consideration—the first is to obtain a right by 
the Treaty to all the islands in the Bay of Passamaquoddy and waters 
which surround them allowing the Americans a fair navigation into 
cacest. Croix... ” No effect upon the boundaries, however, fol- 
lowed from this seizure, and matters remained in the same state until 
the war of 1812, in which year the British seized Moose Island and 
garrisoned it, and they held it to the end of the war. By the Treaty 
of Ghent in 1814, it was permitted to remain in the possession of 
Great Britain until its title could be determined. 
To determine the title provision was made by the Fourth Article 
of the Treaty of Ghent (given by Moore, 47, in full), which provided 
that the question should be referred to a commission. This was to 
consist of two commissioners appointed by the two countries who 
should be sworn to decide the ownership of the islands according to the 
testimony submitted to them on the part of the two countries ; if 
they agreed their decision should be binding upon the two countries, 
but if they did not the question should be referred to some friendly 
sovereign or state. Accordingly Great Britain appointed Thomas Bar- 
clay, who had already served upon the St. Croix Commission, and the 
United States appointed John Holmes, a prominent citizen of that 
part of Massachusetts now forming Maine, and afterwards a member 
of Congress and United States Senator. The agent for Great Britain 
was, naturally and happily, Ward Chipman, agent under the St. Croix 
Commission aided by his son of the same name as joint agent, 
and the agent for the United States was James T. Austin, a leading 
lawyer. and afterwards Attorney-General of Massachusetts. The 
commissioners chose as secretary to the commission, Mr. Anthony 
Barclay, son of the British Commissioner. The commission met first 

1 Leonard says (Winslow Papers, 544) ‘‘ The seizure of an American vessel 
in the Bay of Passamaquoddy has brought forward a claim from the States 
to several of the islands in that bay and the waters which surround them. 
An answer to that claim, by Chipman, does him the greatest credit, as it is 
thought conclusive and unanswerable.” 
