The arbiter expresses his opinion that the term 'highlands' may
properly be applied not only to a hilly and elevated country, but to
a tract of land which, without being hilly, divides waters flowing in
different directions, and consequently, according to this opinion, the
highlands to be sought for are not necessarily a range of mountains,
but rather the summit level of the country.
"Second. The arbiter expresses his opinion that an inquiry as to what
were the ancient boundaries of the North American Provinces can be
of no use for the present purpose, because those boundaries were not
maintained by the treaty of 1783 and had in truth never been distinctly
ascertained and laid down.
"Third. The arbiter declares that the northwest angle of Nova Scotia
mentioned in the treaty of 1783 is not a point which was then known
and ascertained; that it is not an angle which is created by the
intersection of any lines of boundary at that time acknowledged as
existing, but that it is an angle still to be found and to be created
by the intersection of new lines, which are hereafter to be drawn in
pursuance of the stipulations of the treaty; and further, that the
nature of the country eastward of the said angle affords no argument
for laying that angle down in one place rather than in another.
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