RIVER LIFE. 205 



by the proximity of the above-named lakes, and the remarkably 

 favorable position of the strip of land lying between them. The 

 direct cause of its being carried into effect is said to have origin- 

 ated in consequence of the levying of a provincial tax on lumber 

 cut and run down the St. John's by Americans, in violation of an 

 article in the treaty adopted by the two governments in the re- 

 cent settlement of the boundary between Maine and New Bruns- 

 wick. 



The specific condition in the treaty thought to have been vio- 

 lated is this, in substance : All timber situated on land ceded to 

 the United States, which, from its position, must pass down the 

 St. John's, " shall be dealt with as if it were the produce of the 

 said province;"* which condition on the part of Maine was 

 thought to imply freedom from duty or taxation. 



* Sec. III. Of the Treaty between the States and Great Britain, 1842. — In 

 order to promote the interests and encourage the industry of all the inhabit- 

 ants of the countries watered by the River St. John's and its tributaries, 

 whether living within the State of Maine or the province of New Brunswick, 

 it is agreed that where, by the provisions of the present treaty, the River St. 

 John's is declared to be the line of boundaiy, the navigation of the said river 

 shall be free and open to both parties, and shall in no way be obstructed by 

 either; that all the produce of the forest in logs, lumber, timber, boards, 

 staves, or shingles, or of agriculture, not being manufactured, grown on any 

 of those parts of the State of Maine watered by the River St. John's or by 

 its tributaries, of which fact reasonable evidence shall, if required, be pro- 

 duced, shall have free access into and through the said river and its said trib- 

 utaries, having their source within the State of Maine, to and from the sea- 

 port at the mouth of the RlTer St. John's, and to and around the falls of the 

 said river, cither by boats, rafts, or Other conveyance ; that, when within the 

 province of Now Brunswick, the said produce shall be dealt with IS if it 

 were the produce of the said province; that, in like manner, the inhabitants 



of the territory of the Upper St. .John's, determined by this treaty to belong 



to her Britannic majesty, shall have free access to and through the river for 

 their produce, in those parts where the said river runs wholly through tho 



State of Maine: Provided, always. That this ■greemenl shall give bo right to 



either party to interfere with any regulations not inconsistent with the terms 



