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The reason why the St. John and Restigouche were not permitted to
determine the question of boundary in favor of the United States is
understood to have been, not that they were to be wholly excluded as
rivers not falling into the Atlantic Ocean, as Mr. Fox appears to
suppose, but because in order to include them in that genus of rivers
they must be considered in connection with other rivers which were not
divided _immediately_, like themselves, from the rivers falling into the
St. Lawrence, but _mediately_ only; which would introduce the principle
that the treaty of 1783 meant highlands that divide as well mediately as
immediately the rivers that empty themselves into the river St. Lawrence
from those which fall into the Atlantic Ocean--a principle which the
arbiter did not reject as unfounded or erroneous, but which, considered
in connection with the other points which he had decided, he regarded as
_equally realized by both lines_, and therefore as constituting an equal
weight in either scale, and consequently affording him no assistance in
determining the dispute between the respective parties.
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