A history of Canada, 1763-1812Lucas, Charles Prestwood, Sir
History
A history of Canada, 1763-1812
Lucas, Charles Prestwood, Sir
Canada -- History -- 1763-1867
The Royal Proclamation of 1763, which constituted the province of
Quebec after the peace signed in that year, defined the Southern
boundary of Quebec as passing
‘along the Highlands which divide the rivers that empty
themselves into the said river St. Lawrence from those which
fall into the sea’.
The Quebec Act of 1774 again defined the Southern boundary of
Quebec as
‘along the Highlands which divide the rivers that empty
themselves into the river St. Lawrence from those which fall
into the sea, to a point in 45 degrees of Northern latitude
on the Eastern bank of the River Connecticut’.
In the Commission to the Governor of Nova Scotia issued in 1763,
the Western boundary of Nova Scotia from the source of the St.
Croix was defined
‘by a line drawn due North from thence to the Southern
boundary of Our colony of Quebec’.
Therefore the Treaty of 1783, in defining the international line as
a line drawn from the source of the St. Croix
‘directly North to the aforesaid Highlands which divide the
rivers that fall into the Atlantic Ocean from those which
fall into the river St. Lawrence’,
used the previous definitions of the Western boundary of Nova
Scotia and the Southern boundary of Quebec.
[Sidenote: The ‘North-West angle of Nova Scotia’.]
There were only two new points in the wording of the Treaty. The
first was that the sea was defined as the Atlantic Ocean, thereby
excluding the Bay of Chaleurs, and possibly the Bay of Fundy also,
which was, in the Treaty, at any rate according to the British
contention, treated as separate from the Atlantic Ocean. The second
was the importation of the words ‘the North-West angle of Nova
Scotia.’ It was obvious that wherever the Western boundary of Nova
Scotia met the Southern boundary of Quebec there must be such an
angle, but the Treaty spoke of it as a fixed starting point from
whence to draw the boundary line; it assumed that this angle rested
on highlands which divided the waters that flowed into the Atlantic
from those which were tributaries of the St. Lawrence; and it
assumed also that it would be reached by a due North line from the
source of the St. Croix river. So the inaccurate maps of the day
testified, and so paper boundaries, already recognized, prescribed.
When, however, the matter was put to the test of actual geography,
it was found that a line drawn due North from the source of the St.
Croix nowhere intersected a water parting between the St. Lawrence
basin and that of the Atlantic Ocean. The sources of the rivers
which run into the Atlantic were found to be far to the West of
the Northern line from the St. Croix river, to the West of that
line even if it had been drawn from the source of the South-Western
branch of the St. Croix, and not, as the St. Croix Commission had
drawn it, from the source of its more easterly branch. It was
evident that the earlier documents, which the Treaty of 1783 had
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