[GANONG] BOUNDARIES OF NEW BRUNSWICK 395 
wick. It appears to the Committee, that there was no other question, and 
their attention was not directed to any other consideration, so far as right 
was concerned, than the construction of these words, and they therefore 
rested confidently on the construction placed by the Home Government, on 
precisely similar words, when the boundary between the British Dominions 
and the territory of the United States was in dispute. 
Again, they have felt that the language used in the Despatch to His 
Excellency the Lieutenant-Governor of New Brunswick, is calculated to lead 
to the impression that, by the Treaty of Washington, Great Britain has 
acquired title to some territory on this continent, to which she was not 
before clearly entitled, and which formed no part of her provinces ; and that 
the question now to be decided was, how shall this newly-acquired territory 
be divided ? 
To prevent any such misapprehension, so far as the Committee of Coun- 
cil are concerned, they beg leave briefly to recapitulate their views of the 
question in dispute. 
They thought it admitted of no dispute that to the westward of a line 
drawn due north from the source of the River St. Croix, the boundary line 
between the United States and the British Territory was the boundary be- 
tween the United States and Canada, for as it appeared to them there was 
no possible construction by which the limits of New Brunswick could be 
extended to the westward of that due north line. 
They further thought, that whatever range of highlands formed the 
boundary between British and United States territory, the same range would 
in its easterly continuation be the boundary between Canada and New 
Brunswick. 
They relied confidently on the correctness of the claim of Great Britain 
to the territory to the northward of that range of highlands of which Mars 
Hill forms part, and consequently that the easterly continuation of that 
range of highlands would form the boundary between New Brunswick and 
Canada. Feeling, however, that both those provinces had adopted the River 
Restigouche as the boundary between them, they abstain from pressing any 
claim to the southward of that stream, though the preceding observation 
will show that they had strong ground for such an assertion. 
But to their apprehension it seemed undeniable that New Brunswick 
could have no pretensions as of legal right, to land west of the ‘ due north 
line,” and whatever might be conceded to her, of such land, was a concession 
at the expense of Canada. In brief, they only relied on the arguments of the 
British Government, as to the true range of highlands, and they did not 
strive to add weight to them, even if it had been possible. 
They also felt that by the Ashburton Treaty, Great Britain, in yielding 
a portion of the claims, had, in effect pro tanto, diminished the Province of 
Canada, and they more confidently thought that the pretensions of 
New Brunswick, to so much of what Great Britain retained, became the less 
reasonable in regard to this province. 
They then point out that, considering the close historical and 
geographical connection of New Brunswick and Nova Scotia, the 
Attorney-General of the latter province could hardly be considered 
an impartial arbitrator. 
