“All and each of the lands of the continent and the islands situated and lying in America within the headland or promontory commonly called Cape Sable, lying near the forty-third degree of latitude from the equinoctial line or thereabout; from which promontory stretching westwardly toward the north by the seashore to the naval station of St. Mary, commonly called St. Marys Bay; from thence passing toward the north by a straight line, the entrance or mouth of that great naval station which penetrates the interior of the eastern shore betwixt the countries of the Suriquois and Etchemins, to the river commonly called the St. Croix, and to the most remote source or spring of the same on the western side which first mingles itself with the aforesaid river; from whence, by an imaginary straight line, which may be supposed (concipietur) to advance into the country or to run toward the north to the nearest naval station, river, or spring discharging itself into the great river of Canada and from thence advancing toward the east by the gulf shores of the said river of Canada to the river, naval station, port, or shore commonly known or called by the name of Gathepe or Gaspe.”
The only American translations which have ever been presented in argument are as follows:
[Translation of Messrs. Gallatin and Preble, who were employed to prepare the statement laid before the King of the Netherlands.]
“Beginning at Cape Sable, in 43 deg. north latitude or thereabout; extending thence westwardly along the seashore to the road commonly called St. Marys Bay; thence toward the north by a direct line, crossing the entrance or mouth of that great ship road which runs into the eastern tract of land between the territories of the Souriquois and of the Etchemins (Bay of Fundy), to the river commonly called St. Croix, and to the most remote spring or source which from the western part thereof first mingles itself with the river aforesaid; and from thence, by an imaginary direct line, which may be conceived to stretch through the land or to run toward the north, to the nearest road, river, or spring emptying itself into the great river de Canada (river St. Lawrence); and from thence, proceeding eastwardly along the seashores of the said river de Canada, to the river, road, port, or shore commonly known and called by the name of Gathepe or Gaspe.”
[Translation of Mr. Bradley, the American agent under the fifth article of the treaty of Ghent.]
“By the tenor of this our present charter we do give, grant, and convey to the said Sir William Alexander, his heirs or assigns, all and singular the lands of the continent and islands situated and lying in America within the headland or promontory commonly called Cape Sable, lying near the latitude of 43 deg. or thereabout, from the equinoctial line toward the north; from which promontory stretching toward the shore of the sea to the west to the road of ships commonly called St. Marys Bay, and then toward