[GANONG ] BOUNDARIES OF NEW BRUNSWICK 325 
able to cite.! Massachusetts, on the other hand, had made no attempt 
to exercise authority there until very recently. 
Chipman’s argument may thus be summarized in brief :— 
(1) The north line crosses no place literally described by the treaty, 
hence the latter must be interpreted by its intention. 
(2) The intention was to make a boundary on the basis of mutual 
convenience and reciprocal advantage, and hence it could not have 
been intended to make a line so inconvenient to Great Britain as that 
claimed by the United States, cutting off the communication between 
Quebec and Nova Scotia. 
(3) The plain intention was to give each nation the sources of the 
rivers emptying through its territory, and hence the St. John was to 
belong wholly to Great Britain and the boundary must lie south of it. 
(4) North of the St. John there is no range of highlands suffi- 
cient to fulfil the requirement of the treaty as to highlands, but 
south of the St. John there are such highlands in the Mars Hill 
range. 
(5) The territory in dispute had been occupied and governed by 
Great Britain, but Massachusetts had never interposed until lately, 
while the instructions of Congress to the negotiators in 1782, showed 
that Massachusetts was not considered to extend north of the St. 
John. 
(6) The St. John was not a river falling into the Atlantic ocean 
in the sense of the treaty, and hence the dividing highlands 
must lie west of its source. Such highlands are actually found there, 
and in their eastern extension reach the St. John at Mars Hill. 
Tence Mars Hill is on highlands separating rivers which fall into the 
St. Lawrence from those falling into the Atlantic ocean within the 
intention of the treaty. They are, therefore, the only range of high- 
lands fulfilling the requirements of the treaty, and here must lie the 
north-west angle of the treaty. 
The American agent claimed as the north-west angle of Nova 
Scotia, the intersection of the due north line with the highlands south 
of the St. Lawrence (Map No. 30), and rested his claim upon the docu- 
ments which we have already cited (pages 298-301). These, as we 
have seen, showed that the legal southern boundary of Quebec was the 
legal northern boundary of Nova Scotia and Massachusetts ; not 
only did the official description of this boundary show that it ran 

1 Given in Remarks upon Disputed Points of Boundary, 60. It should be 
noted here that in making grants in Madawaska in 1790, New Brunswick 
was acting within her supposed rights, for, as will be shown later under 
County Boundaries, the western line of the Province was then supposed to 
run from the source of the Scoodic. 
