200 Transactions of the Royal Canadian Institute [vol. x 



of Saint Croix River to the Highlands; along the said Highlands which 

 divide those rivers which empty themselves into the River St. Lawrence 

 from those which fall into the Atlantic Ocean to the north-westernmost 

 head of Connecticut River." We have seen that the "Saint Croix 

 River" was identified by arbitration in 1798; but what were "the High- 

 lands" remained a matter of dispute. In 1803 a commission to settle 

 was agreed upon by Lord Hawkesbury (afterwards the first Earl of 

 Liverpool) and Rufus King, the American Minister; but this failed of 

 ratification in the Senate. In the negotiations at Ghent, the British 

 Commissioners endeavoured to have the line revised; but this was not 

 acceded to by the American Commissioners. It was agreed by Article 

 V of the Treaty to leave this dispute to two Commissioners, appointed 

 by the King and the President respectively. If the Commissioners 

 could not agree they were to report to their Governments and the matter 

 was to be referred "to some friendly sovereign or State". Colonel 

 Thomas Barclay was again appointed b}' Britain; the American Com- 

 missioner was Cornelius P. Van Ness, subsequently Chief Justice and 

 Governor of Vermont. They were unable to agree and so reported. 

 We shall find the " Northeastern Boundary" cropping up more than once. 



6. Another of the boundaries mentioned in the Treaty of Peace was 

 thus stated: "Along the middle of said River (Iroquois or Cataraquy) 

 into Lake Ontario, through the middle of said Lake until it strikes the 

 communication by water between that lake and Lake Erie, thence along 

 the said communication into Lake Erie, through the middle of said lake 

 until it arrives at the water communication between that lake and Lake 

 Huron, thence, etc." Disputes arose as to the ownership of certain 

 islands and as to what was the middle of the several lakes and rivers; 

 and this matter was left, by Article VI, to two Commissioners, one 

 appointed by each side. The British representative was at first John 

 Ogilvy, of Montreal; he died at Amherstburgh in 1819 from fever caught 

 in the discharge of his duties, and was succeeded by Anthony Barclay, 

 son of Colonel Thomas Barclay, already mentioned. The American 

 Commissioner was General Peter Buel Porter who had made a good 

 record as a soldier during the war of 1812, and was to be Secretary for 

 War in Adams' Cabinet. They made an award at Utica, June i8th, 

 1822, which gave universal satisfaction. 



7. The Treaty of Ghent by Article I had provided that "all terri- 

 tory, places and possessions whatsoever taken by either party from the 

 other . . . shall be restored . . . without . . . carrying away of . . . 

 any slaves or other private property." During the war many slaves had 

 entered the British lines, most of them induced so to do by a Proclama- 

 tion of Admiral Cochrane which in effect promised their freedom. The 

 United States claimed the return of these slaves; Britain refused saying 



