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concerning which a difference of opinion had arisen between Her Britannic Majesty's Commissioner, and the Commissioner of the United States, as disclosed in Record No. 11, of their proceedings, am of opinion that the Boughton is entitled to be considered a River.
It is deep and broad, affording accommodation for vessels, and facilities for ship building, far in the interior. Its comparatively narrow entrance, and bar across its mouth, are observable and striking characteristics. It is described as such by the Crown, in the grant of Lot 56, in 1769 ; has been repeatedly recognized by the Legislature, under the name of Grand River ; and by Bayfield, in his Sailing Directions.
As such Arbitrator or Umpire, I decide that the Boughton is a River.
Dated at Saint John, in the Province of New Brunswick, this 8th day of April, A.D. 1858.
JOHN HAMILTON GRAY.
No. 8.—FORTUNE.
I, the undersigned Arbitrator or Umpire, under the Reciprocity Treaty, concluded and signed at Washington, on the 5th day of June, A.D., 1854, having proceeded to and examined the Fortune, in Prince Edward Island, concerning which a difference of opinion had arisen between Her Britannic Majesty's Commissioner, and the Commissioner of the United States, as disclosed in Record No. 11, of their proceedings, am of opinion that the Fortune is a River.
As such Arbitrator or Umpire, I decide that the Fortune is a River.
Dated at Saint John, in the Province of New Brunswick, this 8th day of April, A.D. 1858.
JOHN HAMILTON GRAY.
No. 9.—SOURIS.
I, the undersigned Arbitrator or Umpire, under the Reciprocity Treaty, concluded and signed at Washington, on the 5th day of June, A.D., 1854, having proceeded to, and examined the Souris, in Prince Edward Island, concerning which a difference of opinion had arisen between Her Britannic Majesty's Commissioner, and the Commissioner of the United States, as disclosed in Record No. 11, of their proceedings, am of opinion that the Souris is entitled to be considered a River.
The Souris is called by Bayfield, Colville River.
As such Arbitrator or Umpire, I decide that the Souris is a River.
Dated at St. John, in the Province of New Brunswick, this 8th day of April, A.D. 1858.
JOHN HAMILTON GRAY.
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No. 10.—SAINT PETER'S.
I, the undersigned Arbitrator or Umpire, under the Reciprocity Treaty, concluded and signed at Washington, on the 5th day of June, A.D. 1854, having proceeded to, and examined St. Peter's, in Prince Edward Island, concerning which a difference of opinion had arisen between Her Britannic Majesty's Commissioner, and the Commissioner of the United States, as disclosed in Record No. 11, of their proceedings, am of opinion that St. Peter's is not entitled to be considered a River.
It is claimed by Her Majesty's Commissioner, as a River ; by the United States Commissioner, as an inlet of the Sea ; or at most, a harbor. I think the view taken by the United States Commissioner is correct. It certainly is not formed by the Morel, the Midgie, or the Marie, which run into it, and the little stream called Saint Peter's, at its head, is entirely unequal to the task. It is also to be observed, that in the ancient grant of Lot 39, in 1769, it is given as a boundary under the designation of St. Peter's Bay ; and in the grants of lots 40 and 41, in the same year, 1769, partly bordering on, and partly em-bracing within their boundaries, St. Peter's Bay, it is described (though inaccurately as a boundary) as “ the Sea.” I do not find it anywhere recognized in the legislation of the Island, as a River ; but always as St. Peter's Bay.
As such Arbitrator or Umpire, I decide that Saint Peter's is not a River.
Dated at Saint John, in the Province of New Brunswick, this 8th day of April, A.D., 1858.
JOHN HAMILTON GRAY.
No. 11.—TRYON.
I, the undersigned Arbitrator or Umpire, under the Reciprocity Treaty, concluded and signed at Washington, on the 5th day of June, A.D. 1854, having proceeded to, and examined the Tryon, in Prince Edward Island, concerning which a difference of opinion had arisen between Her Britannic Majesty's Commissioner, and the Commissioner of the United States, as disclosed in Record No. 11, of their proceedings, am of opinion that the Tryon is entitled to be considered a River.
As such Arbitrator or Umpire, I decide the Tryon to be a River.
Dated at St. John, in the Province of New Brunswick, this 8th day of April, A.D. 1858.
JOHN HAMILTON GRAY.
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No. 12.—CRAPAUD.
I, the undersigned Arbitrator or Umpire, under the Reciprocity Treaty, concluded and signed at Washington, on the 5th day of June, A.D., 1854, having proceeded to, and examined the Crapaud, in Prince Edward Island, concerning which a difference of opinion had arisen between Her Britannic Majesty's Commissioner, and the Commissioner of the United States, as disclosed in Record No. 11, of their proceedings, am of opinion that the Crapaud is not a River.
As such Arbitrator or Umpire, I decide the Crapaud not to be a River.
Dated at St. John, in the Province of New Brunswick, this 8th day.
JOHN HAMILTON GRAY.
No. 13.—WINTER.
I, the undersigned Arbitrator or Umpire, under the Reciprocity Treaty, concluded and signed at Washington, on the 5th day of June, A.D. 1854, having proceeded to, and examined the Winter, in Prince Edward Island, concerning which a difference of opinion had arisen between Her Britannic Majesty's Commissioner, and the Commissioner of the United States, as disclosed in Record No. 11, of their proceedings, am of opinion that the Winter is entitled to be considered a River.
Apart from its rise in the interior, and its abundant fresh water, its channel through Bedford Bay, (as it is called) is marked and distinct, shewing a continuous flow, or current of water, from the interior towards the Sea ; a channel bounded by shoals ; and proving by its deflected course, that the breach in the sands on the sea shore, forming the entrance to the so called Bedford Bay, has been formed by the water seeking an outlet for itself, not from the Sea making a passage in. In fact, if there was no River or stream in the interior, of sufficient strength to make the outlet and keep it open, the water of the Sea would only make the embankment more solid, and there would be no bay or harbor at all.
As such Arbitrator or Umpire, I decide the Winter to be a River.
Dated at Saint John, in the Province of New Brunswick, this 8th day of April, A.D. 1858.
JOHN HAMILTON GRAY.
No. 14.—HUNTER.
I, the undersigned Arbitrator or Umpire, under the Reciprocity Treaty, concluded and signed at Washington, on the 5th day of June, A.D., 1854,
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having proceeded to and examined the Hunter, in Prince Edward Island, concerning which a difference of opinion had arisen between Her Britannic Majesty's Commissioner, and the Commissioner of the United States, as disclosed in Record No. 11, of their proceedings, am of opinion that the Hunter is entitled to be considered a River.
As such Arbitrator or Umpire, I decide that the Hunter is a River.
Dated at Saint John, in the Province of New Brunswick, this 8th day of April, A.D. 1858.
JOHN HAMILTON GRAY.
No. 15.—STANLEY.
I, the undersigned Arbitrator or Umpire, under the Reciprocity Treaty, concluded and signed at Washington, on the 5th day of June, A.D., 1854, having proceeded to, and examined the Stanley, in Prince Edward Island, concerning which a difference of opinion had arisen between Her Britannic Majesty's Commissioner, and the Commissioner of the United States, as disclosed in Record No. 11, of their proceedings, am of opinion that the Stanley is entitled to be considered a River.
The Stanley is a full, deep stream, having, if the expression may be used, two or three heads, and several affluents, and is surrounded, from its sources to its outlet, by a succession of hills, of rapid elevation and descent, converging in many different parts towards the River, and affording, by their slopes, and the courses at their base, numerous feeders. Its large tributaries, the Trent and Old Mill Rivers, help to swell its volume. It is described as one of the boundaries of Lot 21, in the ancient grant of 1769, and recognized by the Legislature under the designation of Stanley River.
As such Arbitrator or Umpire, I decide the Stanley to be a River.
Dated at St. John, in the Province of New Brunswick, this 8th day of April, A.D. 1858.
JOHN HAMILTON GRAY.
No. 16.—ELLIS.
I, the undersigned Arbitrator or Umpire, under the Reciprocity Treaty, concluded and signed at Washington, on the 5th day of June, A.D., 1854, having proceeded to, and examined the Ellis, in Prince Edward Island, concerning which a difference of opinion had arisen between Her Britannic Majesty's Commissioner, and the Commissioner of the United States, as disclosed in Record No. 11, of their proceedings, am of opinion that the Ellis is a River.
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In the grants of lots 14 and 16, in 1769, it is so described. A long succession of Legislative enactments, so recognizes it. Its broad, deep channel ; its abundant supply of fresh water ; and the extent of country it drains, leave no question about it.
As such Arbitrator or Umpire, I decide the Ellis to be a River.
Dated at Saint John, in the Province of New Brunswick, this 8th day of April, A.D., 1858.
JOHN HAMILTON GRAY.
No. 17.—FOXLEY.
I, the undersigned Arbitrator or Umpire, under the Reciprocity Treaty, concluded and signed at Washington, on the 5th day of June, A.D. 1854, having proceeded to, and examined the Foxley, in Prince Edward Island, concerning which a difference of opinion had arisen between Her Britannic Majesty's Commissioner, and the Commissioner of the United States, as disclosed in Record No. 11, of their proceedings, am of opinion that the Foxley is entitled to be considered a River.
The Foxley is described as a River in the ancient grants in 1769.
As such Arbitrator or Umpire, I decide the Foxley to be a River.
Dated at St. John, in the Province of New Brunswick, this 8th day of April, A.D. 1858.
JOHN HAMILTON GRAY.
No. 18.—PIERRE JACQUES.
I, the undersigned Arbitrator or Umpire, under the Reciprocity Treaty, concluded and signed at Washington, on the 5th day of June, A.D. 1854, having proceeded to, and examined the Pierre Jacques, in Prince Edward Island, concerning which a difference of opinion had arisen between Her Britannic Majesty's Commissioner, and the Commissioner of the United States, as disclosed in Record No. 11, of their proceedings, am of opinion that the Pierre Jacques is entitled to be considered a River.
As such Arbitrator or Umpire, I decide that the Pierre Jacques is a River.
Dated at Saint John, in the Province of New Brunswick, this 8th day of April, A.D. 1858.
JOHN HAMILTON GRAY.
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