[GANONG ] BOUNDARIES OF NEW BRUNSWICK 401 
ary might be practically more convenient, and proposes a line from the 
mouth of the Madawaska north-east parallel with the straight line of 
the Treaty of Washington until it strikes the Kedgewick, which it is to 
follow to the Restigouche and thence to the sea. His contentions are 
sustained by a number of documents printed with the report and a 
list of others. 
In March, 1850, an answer to this report was made by a committee 
of the Executive Council of New Brunswick, briefly combatting the 
arguments, and it was transmitted to the Home Government by Gov- 
ernor Head. 
Thus in 1850 the whole case for both provinces was in the hands 
of the Home Government for action, and the controversy entered upon 
another, and, happily, its final stage. It might have been supposed that, 
under the circumstances, the British Government would have made a 
decision as fair to the two provinces as possible, and would have em- 
bodied it in an act of Parliament which would have finally closed the 
subject. Under date June 27, 1850 (Blue Book, 1.), Earl Gray wrote 
to the Governor-General of Canada, and pointed out that now the only 
disposition of the matter seemed to be through a parliamentary enact- 
ment, which, however, could not be effected at the present session. He 
then proposes what he regards as more desirable, a settlement by mutual 
agreement. He therefore proposes that each province chose an arbitrator 
and these two should chose an umpire, or, if unable to agree, he should 
be appointed by Her Majesty’s Government. The arbitrators and 
umpire should meet at a place preferred by both parties, and should 
examine the reports of the commission and such other documents as the 
two governments should chose to furnish, and should point out the line 
which they consider the most convenient and the most equitable, without 
being tied to the interpretation of the law as it stands, and their decision 
would be made law by Parliament. If, however, the parties could not 
agree, then Her Majesty’s Government would decide the question on 
the basis of the report of the commission of 1848. Full details for the 
practical working of this board are given in this letter. To these pro- 
posals both provinces promptly and cordially agreed, uniting, however, 
in suggesting that to secure greater impartiality and to save time, the 
arbitration should take place in London. The practical details of the 
arbitration were fully discussed and agreed upon between the two pro- 
vinces. New Brunswick named as her arbitrator Dr. Travers Twiss, 
of London, and Quebec named Thomas Falconer, barrister, of London ; 
and in Dec., 1850, these two agreed upon the Right Hon. Stephen Lush- 
ington, Judge of the Admiralty Court, and a member of the judicial 
committee of the Privy Council, as umpire or third arbitrator. New 
Brunswick submitted no new documents to this commission, but Quebec 
