[GANONG] BOUNDARIES OF NEW BRUNSWICK 351 
claim to an international boundary on those highlands was correct, then 
Quebec’s claim was correct, but Great Britain never admitted it. Dur- 
ing the controversy the agents of both sides more or less distinctly 
admitted the justice of the American claim.! The provinces could not 
agree, and a commission was appointed by the British Government con- 
sisting of two Englishmen and a Nova Scotian, and in 1848 they ren- 
dered their decisions, in which they asserted that the disputed territory 
belonged legally to neither party, but was a part of the ancient province 
of Sagadahock [and therefore of Maine] (Blue Book of 1851, 93), and 
they proposed to divide it between the two provinces. The same opinion 
was reasserted by Travers Twiss, an eminent Englishman, on the final 
arbitration which settled this boundary in 1851 (Blue Book, 76), when 
he said that the county south of the St. Lawrence watershed, and west 
of the north line belonged to neither province, but to the British crown.” 
This territory was divided between Quebec and New Brunswick. 

1 Thus, Thomas Baillie, Surveyor General of New Brunswick, in his 
Supplementary report of 1844, admitted that if the north line had been run 
from the source of the Penobscot or even of the Scoodic it would have met 
with highlands described by the Treaty. Again, A. Wells, the advocate for 
Quebec, who was in Washington representing the interests of Quebec when 
the Treaty of Washington was signed, says in his Report later to be cited, 
“the description of that portion of the boundary which is given in the Treaty 
of 1788, and on which the American claims are founded, when taken by itself 
would fairly admit of the interpretation put upon it,’ although he thinks 
it otherwise when taken along with other circumstances. But in another 
place in his report he says in answer to a remark of Wilkinson, a New 
Brunswick partizan, that New Brunswick had lost territory by the Ashburton 
Treaty, “C’est un fait digne de remarque qu’au lieu de perdre le Nouveau- 
Brunswick a réellement acquis plusieurs milliers d’acres de terre par le 
traité de Washington.” (Journeaux du Con. Leg. du Canada, 1844-45). 
It is almost safe to say that every Canadian and Englishman who has 
really examined thoroughly the original sources of information (not simply 
the writings of the Agents and other partizans) upon this subject, and who 
has not been committed to the English view by some official connection 
with the British advocacy of the British claim, has come to the conclusion 
that the American claim was technically correct. 
* These passages are respectively as follows :—‘ They (the Commissioners) 
further report that a tract of country lies between the north highlands west- 
ward of the due north line, and the line of the United States, which, ac- 
cording to the strict legal rights of the two provinces, belongs to neither, 
being included within the lines marked BCD on the map and which, in 1763, 
formed part of the ancient territory of Sagadahock.”’ 
“Tt appears that the result of the Treaty of Washington has been, that 
a very considerable district lying between the frontiers of the United States 
on the one hand, and the legal boundaries of the two Provinces of Canada 
and New Brunswick on the other, is a possession of the British Crown, and 
remains as yet unassigned by the Crown to any provincial government.” 
