Page:United States Statutes at Large Volume 8.djvu/586

 574 TREATY WITH GREAT BRITAIN. IS/12. Ile Royale and the northwestern main land, to the mouth of Pigeon river, and up the said river, to and through the north and south Fowl Lakes, to the lakes of the height of land between Lake Superior and the Lake of the Woods; thence, along the water communication to Lake Saisaginaga, and through that lake; thence, to and through Cy- press Lake, Lac du Bois Blanc, Lac la Croix, Little Vermilion Lake and Lake Namecan, and through the several smaller lakes, straits, or streams, connecting the lakes here mentioned, to that point in Lac la Pluie, or Rainy Lake, at the Chaudiére Falls, from which the commissioners traced the line to the most northwestern point of the Lake of the Woods; thence, along the said line, to the said most northwestern point, being in latitude 49** 2S' 55” north, and in longitude 95° I4 3S" west from the observatory at Greenwich; thence, according to existing treaties, due south to its intersection with the 49th parallel of north latitude, and along that parallel to the Rocky mountains. It being understood that all the water communications and all the usual portages alon the line from Lake Superior to the Lake of the Woods, and also Grand portage, from the shore of Lake Superior to the Pigeon river, as now actually used, shall be free and open to the use of the citizens and subjects of both countries. ARTICLE III. Navigation of In order to promote the interests and encourage the industry of all ` New Brunswick, it is agreed that, where, by the provisions of the present treaty, the river St. John is declared to be the line of boundary, the navigation of the said river shall be free and open to both parties, and shall in no way be obstructed by either; that all the produce of the forest, in logs, lumber, timber, boards, staves, or shingles, or of agriculture, not being manufactured, grown on any of those parts of the State of Maine watered by the river St. John, or by its tributaries, of which fact reasonable evidence shall, if required, be produced, shall have free access into and through the said river and its said tributaries, having their source within the State of Maine, to and from the seaport at the mouth of the said river St. John’s, and to and round the falls of the said river, either by boats, rafts, or other conveyance ; that when within the province of New Brunswick, the aid produce shall be dealt with as if it were the produce of the said province; that,' in like manner, the inhabitants of the territory of the upper St. John, determined by this treaty to belong to Her Britannic Majesty, shall have free access to and through the river, for their produce, in those parts where the Praviso. said river runs wholly through the State of Maine: Provided, always, That this agreement shall give no right to either party to interfere with any regulations not inconsistent with the terms of this treaty which the Governments, respectively, of Maine or of New Brunswick may make respecting the navigation of the said river, where both banks thereof shall belong to the same party. ARTICLE IV. G,-um Orland, All grants of land heretofore made by either party, within the limits pcgtwithrntlxc of the territory which by this treaty falls within the dominions of the ,;_n:c‘:,"{’6 f,?;' other party, shall be held valid, ratified, and confirmed to the persons in pm,,,,,,;,, pos. possession. under such grants, to the same extent as if such territory ggggltgn ofsuch had by this treaty fallen within the dominions of the party by whom · such grants were made; and all equitable possessory claims, arising from a possession and improvement, of any lot or parcel ofland, by the person actually in possession, or by those under whom such person claims, {br more than six years before the date of this treaty, shall, in
 * l¤¤ five? SL the inhabitants of the countries watered by the river St. John and its
 * lfl,::,{;’:;2;° tributaries, whether living within the State of Maine or the province of