kingston niciie 0l 12 gcrfgf mecpopulq sfd utnoonh miscellany saturday april23 from the new monthly mngkine n adventure on the m de j i a c eq geneva august 10 1830 concluded tn such situation biw many thoughts ivmeilays wonder of us hl kri and so pnxverfully cited for hie last three hours ties and disagreeables whilst iiiini head n fire should he new nr hem l creo that was scarce firulkiblft we migfit lot not filivc een perhaps as could never hav ur- ived ihe night and whaln death to die g rod and huoger re off and now after amine some time an 1 uk n a elcmmy glance around my conpa- tieil resolve to try ho desperate aherns- tre totittfi truly enough to remain where we were was certain destruction i 7 1 a to ver even though the fnlure would moderate our otherwise inevitable fate n limf wfti to he lost and we prepared to tile nlte narrow as the i cihtoihe mahomet ibost as hopei we bepn ex- iherdifficol- wcre now passed hy unheeded we found remaining or hid glacier tolerably connected after floundering ahout for b ime hod the happiness to me to terra nrma at the hotiom of t rocks ooiir the pot where we stopped for refreshment in liw morning rnlx fast m the rude track would allow us my finger and legs smartdg from the wounds they had n- cevedbut although our process was larlrom pleasant it poyred a deluge 9 the danger we had so wonderfully m 881 izt ne mccally called his at the piiptrs of elt pi in ljiiy pond ivk t lifo4 y voul mal y wjtl ram wn in such a pawtioa mi answer a wordaod the vfepture niihin the reach i i astonishing what n i he v j of ih rit jthui the dovn in and at h rulje w paradise opeiess to atlempt cmnpaiiihu took the lead cross ion lead and ill ilc next i hick o tlio middle w theend is was somewhat lower c were on and suuk th a slight rurve c other end it rose about lew niv friend sat down foui rfilly caped impressed our minds with indes cribable feelings of thankfulness e seem ed almost miraculously to have heeo res cued from an inevitable and awful death and now the paog of huoger nnnm us weftsd omen nothing since six oclock in he morong t was at thi time four in the afternoon and we bad far t go we hour to think of eating or indeed to feel nnap elte m friend had a little wine eft winch e shared our road lava- og the edge of he glacier and auast we came to the barefaced roc we pass ed lit the morning f bis was a dicuty m fact a rfongtr though what we had overcome less ofiionccotrr we k well it had been made the wet mr ill assistance i gir itbl sy sdjd v- jg miisai in half a day and folks cyflhriogasbillinganhuodre o dew y when i was there l a crosseyed frllow lippinkthe wink w istrogs enough in j sau lmy bntitisdarnat to catch i 8ttacger9i nearly a dav bef i jumped like a grasshoppe for ba- m made fiid ibc villajc ko cvru iocsofuimminoexrhcd hois erfftliegnlde i butoldbuck- tbat he could vrroif of his lirnom- the incident tiie fir- moic no 43 territory of loss value than if she had accon led in 17s3 the river st john as her front taking into view the situation of the co try situated hetweett the rivers st john and st croix in the vicinity of the sea and the possession of both banks of the river st catcher renhed inio spcculitors have bee id great britain illy inn i chased pond rrl k ork one tk him he lair vt blper i wanted hi ff theropa slippery fellows wemt m timmy take a fish net and up a you must have era nliv lot at this time would fetch scoop flm and frm a great price of the v timnl s ne of taking him aside ill bon nothing about it to rhe northeastern boundary ofmcal di or r r or tbi rakdt translattov nt b te rt god kine ol ihe netherlands prince of onm kz rati grand duke of luxemhuig tc l ijj viios of rhc frog that great britain ptoposcd wt nt m i t2 lo f ofis couw el lion river msmtjmesli s mj nevertheless destroyed n eqilly disapin of the jttiz sljfsws quenty agree to the proposition to ca the boundary of maine or mamchasi il kf nscerla t a later period liat the treaty of ghent stimilalcd coalitett stipulated for a ipot which could m be nad a to an historical or bw examination on the cniado applicable t dimimstraiive botindary ani ithnt therefjre the ancient dciimita- ofthesritwh provinces does not ei ther afford the basis of a decision longitude of the north west ansele ol nova scotia which ought to coin- to noliojy oot cqul to so ii- e thought new all ttnull he very slippery hy went firsi ro w h ver mo that done he i y inenn sat down with his legs imneuiie over the yawnmg h nnd erng mclf upon the ridge placed hi- hand before him drew his hody a prorwelj a you may havo seen lovs draw ibtniselvv along scaffoldpole laid hori- znthliy uu isd the advantage hnwe- vsr oreadying u by pressing our ngamiihire having in hi uan- idnsalnw vcfte htirvftnu ishoroa hltfh sbori of absolute despair would have templ ed m o iindcrlitke it however i strtmch- j my leg- over the icy snddle the pehiog rai nn running off iu nuinhbrlcs rills the rough uneven jagged edge struck ft chill npon my very heart my clothes were stiff aud frozen on mo my hands and feet heunioued with cold almost showiest csriil ill kiu torn off my gngers with the rtoogh ice am small stones scattered over the hicjer i moved slowly and steadily ouwards i looked down oi either side the yiiwinuggulf helnw me 1 felt the oe- ccustty of collecting all my energies it was the calmness of despair 1 uttered oo sound poised as i was the slightest wrve either way and i shouldloe m balance and then all would he over drew myself along and steadied myselfhy pressing my legs against the glassy ice nod then when almost over i had to raise mvsclfupnn in y fee to mount the solid uotk the most nervous of all i gather- ed one foot up and by the help of the pole which my companion extended to roe slow iv rose and tinod upon ihe narrow sitpjify dge and giined the block in safriy onco mure together what was next io be done the storm rofted in unahated fury the sun was sinking in these regions the day light quirkly fades wore darkness to over take us far from assistance uncertain of it it we mtyrm t hhs tn uiiduvghsmhly virciiiiiog one dancer to encouoter ano- s md rui accident happened to my coimoion i feel envinced i should have icii uoaule to nikc any bfforj tn assist hun indeed from he uatum of the place witbout ropes tid ladders it would have bern useless kcflcciiun like these al though the urged us to desperate uuder- takings tended hot littlo m comfort os my cnipiuioos iron mind gave way to bitterness wo mde the lest of our way onwards with iiderablc ease for some limo often hnweer after having proceeded an huu dred paces obliged io return and take a- nother direction it being impossible to sue tha difficulties until we came to them io many instances wo had to jump down up- n a nloett aid over a narrow chasm and were unable to return as well from the lipneriuesi aud ihe unyielding nature of ihoinatorhl a from the impossibility of jumping up aud over crevfc at the same lime at lat wo leaped down upon a large block of this description and to our horror found it quite isolated chasms fairly all round us ghastly icy walls hor- iiho to contemplate the chasm which separated the block nearest to us was fully six feet across it was not so much the oistance as tho uncertainty of being able to keep our footing when over we could not- of course inks a standing leap and there w great difficulty iu running on the surface slippery u ith raiu alv companion thought it could not he done however aft t had for some time conceived 0r escape hopeless 1 became careless of what mi my utaff vct and and pushed on for the chalet which shortly af- ter app in siln rltowtf as qucklyasf could flu ahout five oclock got safely housed h- i undergone the barrassidg fears and fati we had lt mte e a well divide the gain tim- y wio raptnres 6 ft tlt walkcd lome thatnicht one z k- k iuci lhou came into his head and reflecoo thought he ro9 iu a fa manoer holong lo ere my coconntrred dl hy such ad placo on tho sum- ui rues we had just ooum duly appreciate tle value of ai9tiocc iffordod esthhluhmcni in siicl uu jf hih upnhove time iicf ofw nurakwrt thihul- to qct dinoor ready nod some dry rlulhcs gainst my nrrivih lenviiti m to follow hi leisure- shortly nftt five or hit moo arrived at tho chalet they had heen oo tho opposite moumaius catherinr a flock nf sixty slier p which had been scattered the day before by a volf who came down from the resses of mont blnoc the men had asceuded early io the morning from arsontiere and had like ftursewt heen exposed to the elements hot had not encountered our dangers bein well ac quainted with the place they were drip- pin wet aod benumbed with cold nod had gathered all the flock but four one man brought with him the rcmtiauts ota sheep which had been torn in pieces the shepherds said they had seen two pcoplqon the ice in the morning but con ceived it an impossibility to cross the gla cier where we did and wondered atour escape after staying some lime i agnin put on my halfdried clothe and set off down the mountain for chamouni it rained heavi ly nod iuten minutes i was as wet nse ver the rain blew iu my face and made the clayey path very slippery however partly by sliding and partly uyscrainb- linp and catching hold of the root of the pioo trees in about three quarters of an hour i got to tho bottom the whole val ley ww o n v dhmril u i h mhu ifamisgh w liicli tho lower parts of the mountains nlone were visiblov a milo and a half f wilier brought me to ihe inn io as coinfortlkssa plight as any poor fellow needed tube li- ihrse mo siiicn mop stands nearest ihe pond whr should i make iffo hit at a cherry and divide profits wtb jo gawfcy by gravy h bmss m y morning catch the fog beoffwith them to the tailor be- m wlf 8dd kocp a the monp timmy was awake with ihe inrk never before wa her such a stir among ihe frog lly pond but io bjj raorriinary and plenipotentiary britain lo our minister of ktiitolm under the date of i2ih jwy to the 5th ghent of the 24th 1st article of the con rus h i if lie wwe has hzx b on suhjeet of the ho ndares of their respective l respective possessions animated by a sincere desire of answer- lll psotwaiiu hnpartiamecision they have testified to lis ami them jkksfe f an pn nf j 1ll nu wcfo k surprise with infinie dilficnlty lr filial tmtarwmtv moriluibi nheo a short- stuhbetl ivlln lorally wringing wet a tub nf wan wa ter a chaogo of clothes aol a good dinner speedily set all to rights ami batiks my bruised legs and angers a little stsfftietis and the fright the next morning foutod me as well as ever boing in delicate health i was fearful the bog exposure to the raiu aud being half frozen into tho bargain might be at tended with serious consequences but this time i came off scot free aod sot- tiog off next morning for geneva we walk ed the whole disunco sixly miles id two days p s i hare since heard the people io the chalet considered our escape miracu lous i scrawled some liurs in the moun tain album warning peoplo not m to go aod do likewise thus i have had good cause to remem ber tho linos of the poet mont blmncis the monarch of mountains they crownd him long ago on a throne of rocks in a robe of cloud with diadem of snow to jm tchells ftlap which is acknowledcei seff ue wsncatott of the tieaty of inn kf a to the deliidfta- ho is l r gnment of quebec it is to he looked f at the highlands which divide jx at stass i ssp ara a that the nature of the ground east of the b2 i a n having bee d ca tod by the treaty of 1783 nostsli dins to gjve proof of uiehighvalkwsat- with a ha on his shndder entered tl v 5 vi the saildifferencf which thr i u delivered no its on uiclht of arl ortlin 1530 hy thr envoy cm one mentioned ought to le dccijcd according shop ifce old eenileinen wm absorbed iu to trcatios acts and conventionsoncl- his enphm and did oot notice bis vi- dgd two powers that into say wtov bvt his inattention wasnscrihrdby tfrtimy so deafness aod ho npproarbed and appwd his mouth to the tailors ear exclaiming i say mister do you want any frogs tn day the 0i4 pemlcman dropped his sheers and sprufj buck in astonisbmeni and h lann lh you want any frocfl this mor nin slinutcd timmy at the top of his vnice ma maid the tailor eyeiop him over hia spccriit les naif doubling whether he wnsa fhiil or a mad man i have got a fine lot hfre rejoined timmy hakin his bag they are fecbt from the pood iodas lively as kidens dont bellow in my cars said the old man pettishly i am nni d- tell roe what you want and begone l want to sell yon these ere fros old gentleman ynu shall have tbem ai a bar- gjim only one dollar n hundred i wont take a cent less do you want them the old man now pot a glance at the frogs and wasseosihle it was an attempt n imposition he iremhled with passion no exclaimed he get out of my shop ou rasent i sny xir yfm wn am tiirmvv the treaty ot peace of 1783 the teaty of friendship commerce and navigaion of 1794 the dpclaration relative to tip river st croix of 1798 the treaty of peaje sign ed at ghent in 1814 the convemioi of the 29th september lssff and mitchehli map and tlie map a referred to in that conven tion we declare thai as to the first piint to wit the question which is the plaor desig nated in the treaties w the northest an gle of nova scotia and what are te high lands dividing the rivers that emptt them wives into the river st lawrence from those which fall into the atlantic ocean along which is to he drawn the line of boundary from that angle to the north- westernmost head ol connecticut river mi ol w no argument drawn from t to locate that angle at place in preference to another ir 01 i 1 ocotia neve aliuocii n been unknown in 17s3 and the treaty ghent having declared it to be unascertain ed the mention of that historical angle in the tieaty of 1783 ia to be considered an a petition of principle petition de principe affording no basis for a decision whereas if considered as a topographical point ha ving reference to the definition viz that angle which is formed hy a line drawn due north from the source of the st croix river to the highlands it forms simply the ex tremity of the line along the said highlands which divide those rivers that empty them selves into the river st lawrence from those which fall into the atlantic ocean an extremity which a reference to the norlh- wnst angle of nova scolia does not contri mile to ascertain and which still remaining itself to be found cannot lead to the disco very of the linn which it ia to terminate considering that ihcfiigh interested brstlng up tayo a em hoi h g yoorepan noth ftnd at the south 1 price i worn take a mill lss 11 yon fte fiver st jolin cannot fonn j- have them or not old mnn uaip hptwpn ituim scoundril shouted the enraged tailor get out of mp shop this minute puzzled mortified and angry timmy turned on his heel and withdrew he wont buy them thought he for hut the are worth and for taking nothing for them i wont and yet i dont waut lo tarrj parlies respectively claim that line of boun dary at the south and nt the north river st john and have each indicated upon the map a the line which they claim considering that according to the in stances alleged the term highland applies not only to a hilly or elevated country hut also to land which without being hilly di vides waters flowing in different directions and that thus the character more or less hil- abu4 av tficttibjir through v of of a choice between them that the text of the treaty of 1783 re cites in part the words previously used in tho proclamation of 17g3 and in the quebec act of 1774 to indicate the southern boun daries of the government of quebec from lake champlain in f five degrees of north latitude along the highlands which tbem bark again hut if ever i plajton my divide the rivers that empty themselves in- to the river st lawrence from those which 411 befall came vi me i threw h few pces th nose and if wh over sprung vr knees n 1 be ice with considerable via- leike mo happy in haviog accomplished th inain lijert to care much abbot the minor evil of peeling my flippers a- clml lite shirp ciiijiis bud hlililiog up- 4111 he ice with a force which shook me 10 he oliiro mv companion followed and fuitimacelytbis proved tho last of our dsa- u l it er the prow catcher- methought i heard a voice cry slcp oo more bt macbkth continued i thflll dow ilescribe u amclancliosyjoke tvhich ihcy iliyctl olfcin the unfonuuhtc ulinemaker 1 say melancholy fr o a fashionable tailor in a neiphhwmirinj villm cjime out filh h anming adttoriue- inm which was paiel ia iho bar riwm of ih laveru and vxciled gcotml iruiion llenirporirtl in have for sale a spaeiulitl hkiortineiit ofcunlvs pantaloons and wut eoaiit of all colors and fabiod l a great varioiy of trimtnings such a tape thread buckram frogs huitno trooums aqd all bo endloss btnam amulet ibau make uj alaylorbmcck nelfky cairhins frnpsi rgaio may i ho but tered curse on the old curmudgeon til try once more and he aguia entered ihe shop 1 1 sny mr kufkratnare y willing to eive any thing for those ere frog the old man was now goaded pnsl i-mln- rancestampiok with rage hi neiaeil hi great shears to heat out the speakers hains well tlien said timmy bitterly ifike em nfttottg ye for dotliiilgj at the mine limcernptyii the eontrnts of hu bag ciu the floor aod marching out imagine the sceno that followed one hundred live hull frngs emptied upon the floor nf the uitors shop it wm o sohjer for the peotil of cruikhanks sonur jumped this way and some that nay some under tho benrh and some upon it some iutothr fireplace ami some behind the door every oook and corner of the shop was oc cupied iu ao iustant such n spectacle wa never seen before the old mro waa nearly distracted he root his hair and stamped in a paroxysm of rago then seizinc a broonis he made vain oudeavnurs losnrplheru outat tho door but thoj were as contrary aa hogs aud when lie stvept oue way iheyjuinped another lie tritd to catch them with hia hands bsii they wero as slippery as eels ttd passed through his 6i-sr- it was enough to ex haust tho patience of job the neighbor seeing mr kuckram sweeping log out ol his shop gatheied around in bluszcmm to inquire if tfcp oro about to te bict fall into the sea and sshjo along the north coast ot the bay des clialenre- that in 1763 1765 1772 and 1782 it was eslrihiihrij that nova tkotia should ha hou ti tled at the north as vt af the western ex tremity of the bay drs chalenrs hy the southern boundary of the province of quo- bee that this delimitation is again found with respect to the province of quebec in the commission of the governor general of quebec of 17sg wherein the languacc of tho proclamation of 1763 and of the quebec act of 1774 has been usnt asalo iu the cotnmissions of 1736 ami others of subse quent dates of the governors of new bruns wick with respect to the last mentioncii province as well as hi a great number of maps antvrior and ixiflfrior to iho treat v of 1783 and that tlie hi article of the said treaty specifics hy dsul0 the states whose independence is aykntwlodged bui that thiamewion does not imply implicjue the entiia coincidence of the bolindanvs between tin two powers fs set tled by the following article with the an cient delimitation of tie british provinces whose preservation wmki mentionettin the treaty of 1753 and which owing to its con inual changes and tie uncertainty which continued to exist rftpectmg it create i nan time to lime dtivrtnccb between the provincial auliloritiffr 7 tfi roviiirihi aulixiril tlmt ilirc resal unthi tha tioatv if the reus line dravni i liio groat liikw wciito tho ivicr su lawrence a departure from iho tftnit provincial chat tel vtii pjird to tt boundaries he riphs of sovereignty exercised over the fief of madawaska and over the madawas- ka settlemrnt even admitting tliat such exercise were sufficiently proved cannot decide the question for the reason thai those two settlements only embrace a portion of the tcraitory in dispute and that tlie high intereste parte have acknowledped the country lying between the two lines res pectively claimed hy them as constituting a eubject of onteslation and that there- tore possession cannot he considered as de rogating from the light and that if the an cient delimitation of the provinces he set a- side which is adduced in support of the line claimed at the north of the river st john and especially that which is mentioned in the proclamation of 1763 and in the quebec act of 1774 no argument can be admitted in support of the line claimed at the south of the river st john and which would tend to prove that such part of the territory in dispute belongs to canada or to new bruns wick considering that the question divested of the inconclusive arguments drawn from the nature moro or less hilly of the ground from the ancient delimitation of the pro vinces from the northwest angle of no va scotia and from the actual possession resolves itself in the end to these which is the line drawn due north irom the source of the river st croix and which is tho ground no matter whether hilly and tlcva- tel or hot which from that line to the north westernmost head of the connecticut river divides the riven that empty them selves into the river st lawrence from those that fall into the atlantic ocean that the high interested parties only agree upon the fact that the boundary sought for must be determined hy such a fine and hy such a ground that they further agree since the declaration of 179p as to the an swer to he given to tho first question with the exception of the- latitude at which the lino isdrawn due north from the source of the st mix river is to terminate that said latitude coincides with the extremity of the ground which from that line to the norih westernmost source of connecticut riv er divides the rivers which empty them selves into tl river the river st lawrence from those wiirh fall into the atlantic 0- ceaiv and that therefore it only remains to ascertain that ground that on entering upin this operation it isrt on the onohand first that if hy adopting the line claim ed at the north of the river st john great britain canrot he considered ao obtaining a between lower canada and new bm- jicfc especially between quebec aud fre- enckton and one would vainly seek to s2ftk m determi ned the court of london to consent to such an interruption tijlinlt pace incontra-dis- into uc kiver bt lawrence t had been proper agreeably to the language ordinaril used n geoffraphy to essas 2 il en falling into the bays of fundav anddes chaleara with those emptying themselves directly into the atlantic ocean in the gen encal denomination of rivers falling into th atlantic ocean it would be haalrdouato include into the species belonging lo that class the kvorsst john and kfeagjous which the line claimed at the north of the river t john divides immediately from ri vers emptying themselves into the river inj ii v 0lher rivers fa nto the atlantic ocean hut alone an3 thus to apply m doternining the delimita tion established hy a treaty where each word must have a meaning to twoexchj- jivelv special caes and where no mention is made of the genus genre a general expression which would ascribe to them a broader meaning or which if extended to e schoochac lakes the penobscot and the kennebec which empty themseves di- i atlantic 6cean would es- tahhsh the principle that the treaty of 1783 meant highlands which divide as well me diately as immediately the rivers that enp ty themselves into the river st lawrence from those which fall into the atlantic o- cean a principle equallj realised by both bajf ot tlintllahdmwmrhwfh restigouche and the bay of cnaleurs and on the other hand that it cannot he sufficiently explained how it the high con tracting parties intended in 17s3 to estab lish the boundary at the south of the river st john that river to which the territory in a great measure indebted for its distinct ive character has been neutralized and act aside that the verb divide appears to re quire the contiguity of the objects to be divided that the said boundary forms at its wes tern extremity only the immediate separa tion between the river meljarmette and the north west ermost head of the penobscot and divides mediately only the rivers thatemp- ty themselves into the river st lawrence from the waters of the kennebec penobscot and schoodac lakes while the boundary claimed at the north of the river st john divides immediately the waters of the riv ers restigouche and st john and mediate ly the schoodac lakes and the waters of the rivers penobscot and kennebec from the rivers that empty themselves into tho river st lawrence lo wit the rivers beav er metis rimonskytrois pistolw green do loup kamouraska ouelle bras st ni cholas du sud la famine and chaudiere that even setting aside the rivers resti- goodie and i jem r ttte ffetf they should not be considered as falling in to the atlantic ocean the northern tine would still be as near to the schoodiaclakea and to the waters of the penobscot and of the kennebec as the southern line would he to the rivers beaver metis ciniousky and others that empty themselves into the river st lawrence and would as well as the oilier form a mediate separation between these and the rivers falling into the atlan tic ocean that the prior intersections of the south ern boundary by a line drawn due north from the source of the st croix river could only secure to it an accessory advan tage over the other in case both the one and the other boundary should combine in the same degree the qualities required by the treaties and the fate assigned by that of 1783 to the connecticut and even to the st law rence precludes the supposition that the the two powers conld have intended to sur render the whole course of each river from its source to its mouth to the share of either the one or the other considering that after what precedes the arguments adduced on either side and the documents exhibited in support of them cannot be considered as sufficienjly prepon derating to determine a preference in favor of one of the two lines respectively claimed hy the high interested parties as bounda ries of their possessions from tho source of tlie river st croix to the northwestern- most head of connecticut river and that the nature of the difference and the vague and not sufficiently determinate stipulations of tho treaty of 1783 do not permit to ad judge either of those lines to one of the said parties without wounding the principles of law and equity with regard to tho other considering that as has already been said iho question resotrefe itself into n se lection to ho made of a ground dividing th rivers that empty themselves into the river st lawrence from thosa that fall into tho atlantic ocean that the high interested parties ae ngrrstt with regard to the coursa