within 20 leagues of any part of the United States, with an exception of those islands, which have at any time been within the limits of Nova Scotia. They cannot claim then, any islands which have ever been deemed within the ancient boundaries of Nova Scotia. For this defeasance nullifies all pretensions to any islands, within such ancient boundaries of Nova Scotia. The Board of Trade clearly proved in 1749, that the ancient and modern limits of Nova Scotia, comprehended the Bay of Fundy, which is quite sufficient, for the present purpose. But the Board went further in their profound researches: they showed clearly, that the ancient boundaries of Acadie, which they identified with Nova Scotia, went far to the westward of St Croix; and extended even to Penobscot: We now see how far G. Britain, under that reservation of all islands, that had ever been within such limits to the westward, may carry her right, and her possession. And it must always be remembered, that whatever was excepted or reserved by G. Britain, was not granted, or conceded to the United States. Add to this, that it is a maxim of Diplomacy, as well as of Jurisprudence: Melior est conditio possidentis. The United States form their pretension in opposition both to the Title and Possession of G. Britain; supposing they can take the concession of those islands, disregarding the Defeasance, which nullified the concession, as far as relates to the Islands within the most ancient limits of Nova Scotia. As if in fair discussion, this were fair dealing.

It is mentioned, indeed, by Mr Barclay, that there was some change made in the boundaries of Nova Scotia, when the Commission was granted to Governor Wilmot in 1763, which the United States mean to found upon: and he deems it of importance that his majesty's agent, Mr Chipman should be furnished with the instrument, by which this change was effected, in order that the principle and policy of that change of boundaries may be seen. It is undoubtedly remarkable, after so many commissions had

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 Mr 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 obt Sert

[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.

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 B of Trade in 1769 on the subject of Acadie