explicitly agree and declare, that no stipulations in any treaty, subsequently concluded by either of the contracting parties with any other state or nation, or with any Indian tribe, can be understood to derogate in any manner from the rights of free intercourse and commerce, secured by the aforesaid third article of the treaty of amity, commerce, and navigation, to the subjects of his majesty and to the citizens of the United States, and to the Indians dwelling on either side of the boundary line aforesaid; but that all the said persons shall remain at full liberty freely to pass and repass, by land or inland navigation, into the respective territories and countries of the contracting parties on either side of the said boundary line; and freely to carry on trade and commerce with each other, according to the stipulations of the said third article of the treaty of amity, commerce, and navigation.

This explanatory article, when the same shall have been ratified by his majesty, and by the president of the United States by and with the advice and consent of their senate, and the respective ratifications mutually exchanged, shall be added to and make a part of the said treaty of amity, commerce and navigation, and shall be permanently binding upon his majesty and the United States.

In witness whereof, we the said commissioners of his majesty the king of Great Britain and the United States of America, have signed this present explanatory article, and thereto affixed our seals. Done at Philadelphia, this fourth day of May, in the year of our Lord one thousand seven hundred and ninety-fix.

P. BOND. (L. S)

TIMOTHY PICKERING. (L.S.)

No. IV.

No. IV.

Declaration as to the Boundaries of the River St. Croix.

THOMAS BARCLAY, DAVID HOWELL, and EGBERT Benson, Commissioners, appointed in pursuance of the fifth Article of the TREATY of AMITY, COMMERCE, and NAVIGATION, between His Britannic Majesty and the United States of America, finally to decide the Question, "What River was truly intended under the name of the River St. Croix, mentioned in the Treaty of Peace, between His Majesty and the United States, and forming a part of the Boundary therein described."

DECLARATION.

WE the faid commiffioners having been fworn impartially to examine and decide the faid queftion according to fuch evidence as fhould respectively be laid before us, on the part of the British government and of the United States, and having heard the evidence which hath been laid before us by the agent of his majesty, and the agent of the United States refpectively appointed, and authorized to manage the business on behalf of the respective governments-Have decided, and hereby do decide the river hereinafter particularly defcribed, and mentioned to be the river truly intended under the name of the river St. Croix, in the faid treaty of peace, and forming a part of the boundary therein described. That is to fay, The mouth of the faid river is in Paffamaquoddy Bay, at a point of land called Joe's Point, about one mile northward from the northern part of St. Andrew's Island, and in the latitude of forty-five degrees five minutes and five seconds north, and in the longitude of fixty-feven degrees, twelve minutes, and thirty feconds weft from the Royal Obfervatory at Greenwich in Great Britain, and three degrees fifty-four minutes and fifteen seconds eaft from Harvard College, in the University of Cambridge, in the State of Maffachusetts. And the course of the faid river up from its faid mouth is northerly, to a point of land called the Devil's Head, then turning, the said point is wefterly, to where it divides into two ftreams, the one coming from the weftward, and the other coming from the northward, having the name of Chiputnatecook, or Chibnitcook, as the fame may be variously spelt, then up the said stream fo coming from the northward to its fource which is at a stake near a yellow birch tree hooped with iron, and marked S. T. and I. H. 1797, by Samuel Titcomb, and John Harris, the furveyors employed to furvey the abovementioned ftream coming from the northward. And the said river is defignated on the map hereunto annexed, and hereby referred to as further descriptive of it by the letters A. B. C.

H

7

D. E. F. G. H. I. K. and L. the letter A. being at its faid mouth, and the letter L. being at its said source: and the course and distance of the said source from the Inland, at the confluence of the abovementioned two ftreams, is as laid down on the faid map, north five degrees and about fifteen minutes, weft by the magnet about forty-eight miles and one quarter.

In teftimony, whereof, we have hereunto set our hands and feals at Providence, in the State of Rhode Island, the twenty-fifth day of October, in the year one thousand seven hundred and ninety-eight.

No. V.

To the Right Hon. Lord Hobart, one of His Majefty's Principal Secretaries of State, &c. &c.

The Memorial and Petition of the Merchants and other Inhabitants of New Brunswick,

Humbly fheweth,

THAT after the fettlement of this province by the American loyalifts in the year 1783, its inhabitants eagerly engaged in endeavouring to fupply with fish and lumber the British poffeffions in the West Indies, and by their exertions they had, within the first ten years, built ninety-three square-rigged veffels, and seventy-one floops and schooners, which were principally employed in that trade. There was the most flattering profpect that this trade would have rapidly encreased, when the late war breaking out, the Governors of the Weft India islands admitted, by proclamation, the vessels of the United States of America to fupply them with every thing they wanted; by which means the rifing trade of this province has been materially injured, and the enterprifing fpirit of its inhabitants severely checked. For the citizens of the United States, having none of the evils of war to encounter, are not subject to the high rates of infurance on their veffels and cargoes, nor to the great advance in the wages of seamen, to which, by the imperious circumstances of the times, British subjects are unavoidably liable. And being admitted by proclamation, they are thereby exempt from a tranfient and parochial duty of two and a half to five per cent. exacted in the Weft India islands from British fubjects.

Admission into the British ports in the Weft Indies having been once obtained by the Americans, their government has spared neither pains nor expence to increase their fisheries, fo effential to that trade. By granting a bounty of nearly 20s. per ton on all veffels employed in the cod fishery, they have induced numbers to turn their attention to that business, and now the principal part of the cod fishery in the Bay of Fundy is engroffed by them.

The county of Charlotte being feparated from the United States only by a navigable river, the Americans have, under the foregoing advantages, been enabled to carry off annually (to be reshipped for the Weft India market,) nearly three millions of feet of boards cut in that part of this province, and also a large proportion of the fish caught and cured by British fubjects in the Bay of Paffamaquoddy,

Thefe difcouraging circumftances have prevented the trade in fish and lumber from this province to the Weft Indies from encreafing fince the year 1793, and would have totally annihilated it, had not the province poffeffed advantages in point of fituation fo favourable for that trade, as to enable its inhabitants to continue the establishments already made for that purpose. What thofe advantages are, memorialists now beg leave to state to your Lordship.

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The fea coaft of this province abounds with cod and scale fish, and its rivers are annually visited by immense shoals of herrings, shad, and falmon. The numerous harbours along the coaft are moft conve niently fituated for carrying on the cod fishery, which may be profecuted to any extent imaginable. The herrings which frequent the rivers of this province are a fpecies peculiarly adapted for the Weft India market; being equally nutritious with the common herrings, and poffeffed of a greater degree of firmnefs, they are capable of being kept longer in a warm climate. In fuch abundance are they annually to be found, that the quantity cured can only be limited by the infufficient number of hands employed in the business.

The interior of this province, as well as the parts bordering on the fea coaft, is every where interfected by rivers, creeks, and lakes, on the margin of which, or at no great distance from them, the country for the most part is covered with inexhauftible forefts of pine, spruce, birch, beech, maple, elm, fir, and other timber, proper for mafts of any fize, lumber, and fhip-building. The fmaller rivers afford excellent fituations for faw-mills, and every ftream, by the melting of the fnow in the fpring, is rendered deep enough to float down the mafts and lumber of every defcription, which the inhabitants have cut and brought to its banks, during the long and severe winters of this climate, when their agricultural pursuits are neceffarily fufpended. The lands in the interior of the province are generally excellent, and where cleared, have proved very productive.

Great advances have not hitherto been made in agriculture for want of a fufficient number of inhabitants, yet within a few years there has remained, beyond our domestic supply, a confiderable furplus in horfes, falted provifions, and butter, for exportation. And your memorialists look forward with confidence to a rapid increafe in the exports of those articles, for which the foil and climate of this country are well adapted.

Poffeffing fo many local advantages, your memorialists feel themfelves warranted in ftating to your Lordship, that, were not the Americans admitted into the British ports in the West Indies, the fisheries of this and the neighbouring colonies, if duly encouraged, would, with the regular fupply from the united kingdoms, furnish the British Weft India islands with all the fish they would require. And that in a few years the supply of lumber from this province, which already exceeds ten millions of feet annually, would, with the exception of flaves only, be equal to the demand in the faid islands. And your memorialifts farther confidently ftate, that these provinces would furnish shipping sufficient to carry from the United States all the flour, corn, and ftaves, which the British West Indies would ftand in need of beyond what the Canadian provinces could furnish.

During the peace from 1783 to 1793, American veffels were not admitted into the British West India islands, (the whole trade of those islands being carried on during that period in British bottoms) and at no time have the fupplies been more abundant or more reasonable. Were the Americans excluded from those islands, this and the neighbouring provinces could now furnish a much larger proportion than formerly of the fupplies required, and a rapid and progreffive increase might annually be expected. But fhould the Ame