This  is"  a  small  island,  situated  between  Frederick  Island  and
Campobello,  and  nearer  by  one  half  to  Campobello  than
Frederick  Island.  It  does  not  contain  more  than  half  an  acre
of  land,  and  the  title  is  of  importance  only  as  affecting  the
jurisdictional  line.  It  is  uninhabited,  and  its  name,  if  it  can
properly  be  said  to  have  one,  does  not  occur  in  any  part  of
the  controversy  respecting  these  islands,  so  far  as  I  have  been
able  to  learn.  The  small  size  and  little  value  of  this  island
may  be  presumed  to  be  the  cause  why  no  direct  or  conclusive
evidence  of  possession  is  shown,  and  the  court  is  left  to  grope
its  way  by  such  faint  lights  as  the  case  affords.  It  is  in  evi-
dence that  the  principal  ship  channel  is  between  this  island
and  Campobello.  Though  the  passage  next  to  Frederick
Island  is  wider,  and  as  deep,  this  is  the  most  direct,  con-

3


20


DISTRICT  COURT,


An  Open  Boat  and  Caij^.
v«^riiciit,  and  most  uaually  taken.     Vessels  coming  up  the  bay,
pravi-.Ml  through  it  without  changing  their  course ;  but  to  take
Uw.  w<'Ht«rn  passage  they  alter  their  course  nearly  at  right
flriKlcH,  ond  come  down  into  the  harbor  of  Lubec,  and  then
nn;  obliged  to  bend  round  and  get  back  precisely  upon  the
JliU!  lh«7  had  left.     It  is  further  proved  that  the  jurisdictional
Jin«  h«M  always  been  considered  as  being  between  this  island
Mild  C'lirnpobello,  leaving  it  consequently  in  the  waters  of  the
lUiUM  HUiU-H.     The  evidence  on  both  sides  is,  that  this  is  the
liiK!  which  has  been  heretofore  acknowledged,  and  that  which
Jmih  hi'i'H  practiwd  upon  by  the  revenue  officers  of  both  countries.
