been granted to Governors of Nova Scotia, in a different form. The first commission was granted to Col. Nicolson in 1712, when he was empowered to govern Nova Scotia or Acadie; but without any specification of boundaries; referring virtually to the ancient boundaries of Acadie or Nova Scotia. Even when Nova Scotia was formed into regular provinces in 1749, the commission to Governor Cornwallis was in the same indefinite form and this form and that policy, continued till the granting of the commission to Montague Wilmot, in 1763, when specific boundaries were substituted for virtual reference to ancient limits. There is no other Instrument upon that occasion, but the Commission to the Governor, and the Representation to his Majesty, by the Board of Trade, according to the laudable practice of that period. A copy of this representation consisting of three pages, may be sent out to Mr Chipman, for exposition and argument. The cause assigned is, the decision of the attorney and solicitor general, in 1732, as to the country lying between the St Croix and Penobscot, which they supposed, upon the case laid before them, to belong to Massachusetts; and which the Board did not think fit to disturb; though the Board was of opinion" that there were many material circumstances in favour of your Majesty's right to the country as far westward as the River Penobscot, which were not stated in the case laid before the attorney and solicitor in 1732, upon which case their opinion, and the decision of the Council, were founded. We do not think it advisable, that this restriction of the Western boundaries of Nova Scotia to the River St Croix should pass, without some reservation of your Majesty's right to the country between that River and Penobscot, being entered upon the Council books." It was also intimated by the Board, that this reservation would enable the Government to make the better bargains with the Massachusetts, in case the Southern boundary of the Quebec Province, should trench upon the Northern limits of Massachusetts. It is perhaps more important,

in the present enquiry, to advert, that when the discussion was depending before the attorney and solicitor general in 1732, the Massachusetts avowedly acknowledged, that the Massachusetts did not form any pretensions to Nova Scotia ; as we learn from the attorney and solicitor's Report. The Massachusetts thus relinquished any pretensions to Nova Scotia according to its limits as understood in 1732: If the Massachusetts relinquished any pretensions to the Bay of Fundy, as a peculiar part of Nova Scotia, this would answer the present purpose of preserving to G. Britain the several islands in the Bay of Fundy.

But what were the special limits of Nova Scotia, in Governor Wilmot's commission, which apply to the present question? "Bounded to the Westward by a line drawn from Cape Sable across the entrance of the Bay of Fundy to the mouth of the River St Croix." But at the conclusion of the whole specification of boundaries, there is this reservation: "And to the Southward by the Atlantic Ocean, from the said Cape to Cape Sable aforesaid, including the island of that name, and all other islands within forty leagues of the coast, with all the rights, members and appurtenances whatsoever thereunto belonging." Upon this specification two questions may be made: (1) whether the line drawn from Cape Sable (not Cape St Mary's, as Mr Barclay has it) across the entrance of the Bay of Fundy to the mouth of St Croix, may not be deemed the western coast of Nova Scotia? (2) whether the Grand Manan isle does not lye nearer than 40 leagues of the eastern bank of St Croix? In both cases the Grand Manan would come within the forty leagues reserved. If so the claim founded upon this specification is nothing to the purpose.

Yet, says M Barclay, "I have reason to believe, it will be attempted to support the claim of the United States to Grand Manan and the islands in the Bay of Passamaquoddy, by the limits of Nova Scotia, as described in his Majesty's commission to Lord W Campbell in 1766, and to Francis Legg in 1773 as Governors of that Province."

The specification, as to this Western boundary is the same in both as those in Governor Wilmot's commission in 1763. There is an obvious remark to be made as to all those commissions, from 1763 downwards, that they were all prior to 1783, when the Treaty allowing the independence of the United States was made; and the reservation was made of such islands as had ever been deemed within the limits of Nova Scotia. Now the United States, when the Treaty 1783 was made were content to take the grant of the islands within 20 leagues of their coast, with the said reservation of all islands, that have at any time, belonged to Nova Scotia, And this reservation operates as a Defeasance, which nullifies any pretension to such reserved islands. But it cannot be allowed in argument, that a grant shall be taken without the defeasance, which accompanies it. If this could be successfully done it would put an end to all fair discussion and honest meaning.

With regard to that part of Mr Barclay's letter, which relates to the 5th article of the Treaty of Ghent, I have but little to say. The origin of the boundaries of the United States therein mentioned may be traced to his Majesty's proclamation 1763; settling the boundaries of the conquered countries, that were ceded by the peace. Those boundaries seem to have been adopted into the American Treaty 1783 and were recognized and referred to by the Treaty of Ghent. Having reference to the Map, in Morse's Geography of the Northern and Middle States. which precedes page 33, the River Connecticut is made to rise from two Streams, the one much longer and more western than the other and rising from a small lake situated upon the high grounds, that send their waters northward to the St Lawrence and Southward to the Atlantic; the same high grounds being very distinctly marked in the said Map of Morse by the name of Albany Ridge, or Mountains of Notre Dame

I am ever Dr Sir Your most faithl ob' Ser

[Not signed.]

SIR,

COLONEL BARCLAY TO WILLIAM HAMILTON, ESQ.

NEW YORK, 11th Jan'y 1817

I this day had the honor to receive thro' H. M.'s Min' at Washington your letter of the 9th of Nov' together with the Copy of a Letter from the Board of Trade, detailing the result of researches which have been made respecting the original limits of the Province of N. Scotia. The Information contained in Mr Chalmers's letter is of primary Importance; & will when Mr Chipman H. M.'s agent is furnished with authentic copies of the documents referred to in it, satisfactorily shew that the Islands, to which the 4th Art. of the Treaty of Ghent relates, heretofore have been within the limits of the Province of N. Scotia. No notice is taken by Mr Chalmers of that part of my Letter of the 12th Augt to Viscount Castlereagh, in which I suggested the propriety of furnishing Mr Chipman with authentic copies of all papers relating to Lord W. Campbell's application to H. M'y for a grant of the Island of Grand Manan, temporarily secured to him in 1773, by a reservation of the Governor & Council of N. Scotia. I beg leave to repeat that if such documents can be found, they will be of great service. In national Questions the greater the mass of Evidence the better, provided it is apposite; & if in the event, the decision on the 4th Art. of the Treaty must be referred to some Friendly Power, I must doubt whether any evidence, other than that which was laid before the Commrs, will be received.

rs

As the Arguments & Evidence on the subject of the 4th Art. of the Treaty of Ghent are to be delivered to the Comm at Boston on the 28th May next, it is of moment that H. M.'s Agent is furnished without delay with legally certified Copies of the following papers viz., the Proceedings of the Bd of Trade in 1769 on the subject of Acadie

or N. Scotia, in part recited in Mr Chalmers's Letter, & which would contain the Concessions of Louis 13th to the Sieur d'Aubray as Governor & L Gen. of Acadie, likewise his reestablishment in both those Characters in AcadieCopies of the Grant of James 1st in 1606 to the 2 Companies, the one to settle at any place between the Degrees of 34 & 41, & the other between 38 & 45 of N. Lat.-A copy of the Treaty of Breda & the "solemn Instrument" (mentioned by Mr Chalmers) "under which that Treaty was carried into effect" Copies of the Documents by which Sir W. Alexander obtained from the Plymouth Comp a right to the Country from the St Croix westward to the Penobscot - All the papers & documents relating to the Opinion of the Atty & Sol' Gen' in 1732 (noticed in Mr Chalmers's letter) with the decision of the Privy Council thereon, & the acknowledgement of Massachusetts, that it did not form any pretensions to N. Scotia.

Mr Chalmers in his Letter makes mention of Morse's Geography or Gazetteer, & the Map therein, & appears to consider it of consequence, that in treating of N. Scotia, Mr Morse "places expressly the Bay of Fundy within the Province of N. Scotia." It would be dangerous to cite Morse as an authority, because it would authorize the American Agent to rebut Mr Morse's statement by that of Mr Bouchette the Surveyor Gen. of Lower Canada, & H. M.'s Surveyor under the Treaty of Ghent, who in his map lately published in London, has heedlessly & incorrectly described not only Grand Manan but also all the Islands in the Bay of Passamaquoddy within the limits of the Un States. The preponderance naturally to be given to the representation of Mr Bouchette will appear evident, when it is remarked that he is an Official Character under H. M'y, & Mr Morse a private Citizen of the United States. I am &c (Signed)

THOS BARCLAY.

WILLIAM HAMILTON, Esq. (Under Secretary, Foreign Office.)