360 ROYAL SOCIETY OF CANADA 
Pope, who in that year sold it to a Mr. Bates, and the deed had been 
recorded at Machias. Although in 1814 David Owen claimed owner- 
ship, it remained in possession of Americans to the present, and in 1823 
a United States judge had declared it to be American territory. Third, 
cartographical evidence, in the form of a map of Campobello of 1830 by 
John Wilkinson, and of a British admiralty chart of 1848 assigned it to 
the United States. Fourth, the ‘principal channel is between it and 
Campobello. The British commissioner did not assent to these argu- 
ments, and the question remained undecided. 
As a matter of fact, the historical evidence in this case seems to be 
entirely in favor of the British and against the American claim. Tak- 
ing the points in order, we must note, first, the entire tenor of the delib- 
erations and decision of the commission under the fourth article of the 
Treaty of Ghent was not that only those islands which were in dispute 
by name were under discussion, but all the islands, and that all islands 
were to be assigned to Great Britain except the three named (compare 
earlier, pages 278-295). Innumerable islands had not been in dispute by 
name, and hence if the American commissioner’s contention were true, 
all the smaller islands between Deer Island and Campobello and on to 
Letete would have fallen to the United States. Second, the American 
commissioner is in error in assuming that the right of Nova Scotia to 
islands in this region under the treaty of 1783 depended upon the exer- 
cise of jurisdiction over them. It depended upon the earlier charters 
which awarded to Nova Scotia all islands within six leagues of her 
coast. As map No. 28 will show, this island falls within that limit. 
It was under this provision that all of the unnamed islands between 
Deer Island and Campobello fell to Great Britain, and it was not neces- 
sary for her to prove jurisdiction over them. It is true Great Britain 
has never claimed the islands in Cobscook bay,* no doubt because they 
have been viewed as natural dependencies of the United States. It is 
worth noting that Mark Island is more a dependency of Campobello than 
of Lubec, being nearer to the former. Furthermore, private ownership 
has nothing to do with international possession. Third, cartographical 
evidence of the kind here mentioned is of no value. Thus, although 
Wilkinson in 1830 marks the channel east of the island, another large 
map of Campobello of 1839? marks it on the western side of the island, 
and the accompanying chart (map No. 25) marks it through the island. 
Also, although the small scale chart of 1848 by Admiral Owen runs the 
boundary east of this island, the large scale chart of 1847 of Campobello 
Island, also by Owen, runs it to the westward of the island. Fourth, 

1 Which must be those referred to by Mendenhall, page 19, as the many 
others not claimed by Great Britain. 
2 In the ‘“ Campobello Mill and Manufacturing Company,’ London, 1839. 
