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Richardson, James D. (James Daniel), 1843-1914

"Volume 3, part 2: Martin Van Buren"

John and Restigouche, emptying
their waters into the bays of Fundy and Des Chaleurs, did not belong to
the species of rivers falling _directly_ into the Atlantic; that if they
were considered _alone_, therefore, the appellation of "rivers falling
into the Atlantic Ocean" could not be regarded as applicable to them,
because, to use the language of the award, it would be "applying to two
exclusively special cases, where no mention was made of the genus, a
generical expression which would ascribe to them a broader meaning;" but
it is not conceived that the arbiter intended to express an opinion that
these rivers _might not be included with others_ in forming the _genus_
of rivers described by the treaty as those which "fall into the
Atlantic," and that upon this ground they should be wholly excluded in
determining the question of the disputed boundary. While, therefore, the
undersigned agrees with Mr. Fox that the arbiter did not consider these
rivers as falling directly into the Atlantic Ocean, the undersigned can
not concur in Mr.


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